INDOT/Traffic Signals/CPD/CFD/
'-".,.......:
I~MO -(
CON T R.A C T
INSTALLATION OF EMERGENCY VEHICLE PREEMPTION EQUIPMENT
AT TRAFFIC SIGNALS ON VARIOUS STATE HIGHWAYS
IN AND NEAR CARMEL, HAMILTON COUNTY, INDIANA
EDS# A249-7-320963
THIS CONTRACT made and entered into this I b day of "J""lJ i Y
200~, by and between the STATE OF INDIANA through the INDIANA DEPARTMENT OF
TRANSPORTATION, hereinafter referred to as "INDOT" and the CITY OF CARMEL,
hereinafter referred to as the Second party, through their duly authorized and
undersigned officials,
WIT N E 'S SET H:
WHEREAS, in the interest of public safety and convenience, the Second
Party has requested the installation of 'special emergency vehicle preemption
equipment (preemption ,system) to variol!s traffic signals in and near the City
of Carmel, -Hamilton County, Indiana; and,
WHEREAS, INDOT and the Second Party deem the regulation of traffic, by
the use of a preemption system connected to the traffic signals, to be
beneficial to traffic at said locations to the extent of permitting such
improvements to be made on the State Highway and participating in the same
under conditions as specified within this CONTRACT
IT IS THEREFORE AGREED BY AND BETWEEN INDOT and the Second Party that
such preemption system shall be installed and maintained at locations listed
in Exhibit "A", attached and made a part of this CONTRACT, under terms and
conditions as follows:
In this CONTRACT, the term "emergency vehicle~ means police vehicles, fire
apparatl!s, certified ambl!lances, or other vehicles designated as emergency
vehicles in accordance with State Law.
1, TIlRX OF CONTRACT
This CONTRACT shall become effective on the date it is approved by the
Attorney General of Indiana or an authorized representative. The
CONTRACT shall end on the earliest of:
a. One year from the date the CONTRACT is approved by the Attorney
General of Indiana or an authorized representative if construction
activities on the state right-of-way have not begun.
Page 1 of 20 Pages
. .. ,.,. -~
b. Thirty (30) days after written notice, from one party to the other,
stating that the CONTRACT shall be terminated.
c. The date that the last traffic sIgnal listed on Exhibit \\A" of this
CONTRACT is removed from the INDOT system of highways.
d. The date that the preemption system is removed from the last traffic
signal listed on Exhibit "A" of this CONTRACT.
e. The date a lack of funding determination is made by the State Budget
Director as provided in section 10 of this CONTRACT.
f, If the State determines there has been an ethics violation, the date
notice is given to the Second Party as provided in Section 10.
2. DESIGN
a. The Second Party shall be responsible for the preparation of the
, design of the preemption system in accordance with the 2006 Standard
Specifications and any subsequent revisions. specifications
information is available from the INDOT website at:
http://www.in.gov/dot/. If the Second Party retains a Consulting
Engineer to prepare the design, the consulting engineer shall be an
INDOT approved Consulting Engineer.
b. If available, INDOT will provide a copy of existing traffic signal
plans for the locations, listed in Exhibit "A", to the Second Party
for reference.
c. The design plans and specifications shall include, but not be limited
to:
1) The proposed method of accomplishing said installation.
2) Details of all physical installations to be made.
3) Devices mounted at each intersection to indicate to an approaching
emergency vehicle operator that the green signal displayed to the
approach is in response to the signal emitted by the approaching
emergency vehicle (activation). Also, devices mounted at each
intersection to indicate to emergency vehicle operators on
approaches that a green signal will not be displayed in response
to a signal from the vehicle they are operating.
4) Automatic logging of time and date 'for each activation, including
identification of the specific emergency vehicle activating the
preemption system.
S) Where needed, advance receivers for signals emitted by emergency
vehicles to provide appropriate time for the traffic signals to
enter preemption mode before the apparatus reaches points where
traffic conflicts will occur.
6) Emergency vehicle mounted emitters shall be
automatic control that will stop the device
equipped with
from emitting
an
a signal
Page 2 of 20 Pages
when the emergency vehicle is parked. The automatic stop shall
require no action by the vehicle operator.
7) The preemption call detection equipment mounted at the
intersection(s) shall provide recognition of and responsec to high
priority and low priority calls.
d. The Second Party shall provide recommended preemption phase and
timing sequences for the individual intersection preemption. Upon
activation, the preemption system shall, using appropriate clearance
intervals, sequence the traffic signal to display to the approaching
emergency vehicle a green signal.
e. All preemption system equipment specified shall be fully compatible
with operation of the traffic signal control equipment installed at
the specific intersection.
f. No changes to the normal operation signal sequence or timings will be
permitted without the written consent of the Greenfield District
Traffic Engineer (Traffic Engineer)
g. The Second party, or its representative, shall deliver three copies
of the proposed plans, specifications, timings and sequences for the
preemption system and associated work to the Traffic Engineer for
concurrence and approval as the final plan. One copy w,i.ll be returned
to the Second party indicating the concurrence and two copies will be
retained in INDOT files.
h. No changes to the final plan shall be made without written consent
from INDOT. Approval for changes to the final plan shall be obtained
from the Traffic Engineer. When approved, a change to the final plan
shall be considered as if it was a part of the original final plan.
i. Prior to final acceptance of the installation, the Second Party shall
deliver to the Traffic Engineer two copies of an \\AS BUILT" plan for
each intersection where a preemption system is installed.
3. CONSTRUCTION
No construction work of the preemption system installation permitted by
this CONTRACT may begin on the highway right-of way until this CONTRACT
is fully executed and approved by the Attorney General of Indiana, or an
authorized representative. No construction activity may begin on the
right-of-way until approval of the final plan required in section 2 is
given by INDOT.
a. The Second Party shall provide project supervision or shall employ a
Project Engineer, independent from the contractor, to provide
competent and adequate engineering, testing, and inspection services
to monitor the contractor's work for compliance with the final plan.
Page 3 of 20 Pages
b. The Second Party, at its own expense, shall have a signal contractor,
pre-qualified with INDOT, perform the installation according to the
final plan and any subsequent approved revisions. The performance of
the installation shall be according to all rules and regulations of
INDOT and all State and Federal Laws pertaining to the use of labor.
A qualified IMSA Certified Traffic Signal Electrician Level II shall
be in responsible charge for any wiring installation and shall make
all wiring connections.
c. At least one week prior to beginning construction activities, the
Second Party shall schedule a preconstruction meeting at a time and
place convenient to the Traffic Engineer. Representatives of the
Second Party shall attend the meeting. In addition, representatives
of all agencies which will utilize the preemption system (police,
fire, ambulance, etc.), the design consultant, the Project
supervisor/Engineer I the contractor, any subcontractorsj and any
affected utilities shall attend. Topics for discussion shall include
but are not limited to:
1) the work plan;
2) the traffic control plan;
3} the inspection plan;
4) a list of contact names with mailing addresses, telephone/fax
numbersj and email addresses;
5) the criteria for using the preemption systems
d. The Second Party shall notify the Traffic Engineer at least five (5)
working days prior to commencing work on the installation of the
preemption equipment.
e. The Second Party shall notify the Traffic Engineer at least three (3)
working days prior to the intended date to have the signal preemption
connected to INDOT's controllers.
f. All work and materials shall be in accordance with the 2006 INDOT
Standard Specifications and subsequent revisions. When a category of
materials or equipment specified for this installation is listed on
the INDOT list of approved materials, any such materials or equipment
specified for this installation shall be selected from the. INDOT list
of approved materials.
g. Said work shall be performed :tn a manner. and quality meeting the
satisfaction and approval of INDOT with regard to proper highway
engineering and planning.
h. During construction, INDOT may inspect the installation. INDOT will
promptly notify the Second Party or the Project Supervisor/Engineerj
verbally or in writi.ng, of any deficiencies. The Second Party will
Page 4 of 20 Pages
have the contractor correct such deficiencies. The inspection by
INDOT does not relieve the Second Party or the Project
Supervisor/Engineer of the responsibility to inspect and construct
the preemption system and appurtenances in accordance with the final
plan and specifications as required herein.
i. Prior to activation of each individual preemption system, a final
inspection will be required. Representatives of the traffic engineer.
will witness the inspection. The Second Party may attend the
inspection. The final inspection will include the actuation of the
preemption system for each phase, on each approach, at each
intersection to verify proper operation to the satisfaction of the
Second Party and INDOT.
4. ACCEPTANCE OF PREEMPTION SYSTEM INSTALLATION
a. After satisfactory completion of the work as determined by a final
inspection and receipt of two {2} copies of the ~AS BUILT" plans as
required in section 2 of this CONTRACT, INDOT will accept the
installation of the preemption devices as being complete and
acceptable for use.
b. upon acceptance of the preemption system by INDOT, the preemption
system equipment remains the property of the Second Party.
5. RIGHTS OF ENTRY
a. INDOT grants the Second Party, its contractor and subcontractors
permission to enter upon the State right-of-way for the sole purpose
of installing preemption systems and related construction.
b. INDOT grants the Second Party, its contractor and subcontractors
permission to enter upon the State right-ai-way for the sole purpose
of maintaining preemption systems and related activities.
6. MAINTENANCE AND OPERATIONS
a. Preemption devices' high priority shall be used only by emergency
vehicles. Preemption devices' low priority may be used by INDOT
vehicles to facilitate maintenance operations such as snow removal.
b. Emergency vehicles may only use the preempt sys~em when responding to
emergency situations. The preempt system shall not be used when
returning from emergency responses or in routine daily activities.
c. INDOT and the Second Party will develop compatible timings for the
initial programming of the preemption system. The recommended phase
and timing sequences, submitted as required in section 2, will be a
discussion point in the development of such parameters. In the event
that INDOT or the Second party decides, at a future date, these
timings or sequences require changes, both parties agree to notify
the other and to supply a copy of the new timings and sequences.
Pagc5 of 20 Pages
INDOT has final approval and full responsibility for timings and
sequencing that are installed in an INDOT controller.
d. The Second Party shall maintain the preemption system equipment,
including emitters used by the emergency vehicles, and the confirming
devices at each intersection. The Second Party and INDOT agree that
should a change of controllers or preemption equipment, which would
affect system compatibilit~1 be desired by either party, then both
parties must agree to the change. If both parties do not mutually
accept such change, then the preemption may be disconnected by INDOT
within its controller.
e. The Second Party, or its representative, shall contact, by any means,
the Traffic Engineer, a minimum of two (2) hours I before performing
emergency maintenance on preemption equipment located in, or on, the
INDOT traffic signal system equipment. An INDOT signal technician may
be present during this maintenance activity.
f. The Second Party, or its representative, shall contact, by any means,
the Traffic Engineer, a minimum of one (l) work day, before
performing routine maintenance on preemption equipment located in, or
on, the INDOT traffic signal system equipment. Routine maintenance
shall not be performed on a weekend, holiday, or after normal working
hours. An INDOT signal technician may be present during this
maintenance activity.
g. INDOT, through its normal procedures, will make the initial response
to a reported traffic signal malfunction. If it is determined that
preemption equipment is in need of maintenance, the preemption will
be disconnected within the traffic controller cabinet. INDOT will
notify the Second Party of the preemption disconnect on the day of
preemption disconnect if such notification can be made during normal
working hours, otherwise INDOT will notify the Second Party on the
next workday.
h. INDOT reserves the right to disconnect the Second Party/s preemption
system, in INDOT's controller cabinet, should malfunction or
operational problems be discovered which may be detrimental to.the
operation of the traffic signal at INDOT's intersection. INDOT will
notify the SECOND PARTY of the preemption disconnect on the day of
preemption disconnect, if such notification can be made during normal
working hours, otherwise, INDOT will notify the SECOND PARTY on the
next workday.
i. In the course of Emergency Maintenance due to equipment knock down
caused by vehicular accident or acts of nature, INDOT, or its
representative, will attempt, using normal diligence, to salvage for
!i
I'
I
Page 6 of 20 Pages
re-use any preemption system equipment that has been knocked down.
INDOT will not reinstall pr.eemption devices. INDOT1 or its
representative, does not insure that any preemption system equipment
removed for salvage is functional. The Second Party I or its
representative I shall assure themselves that the equipment is
functional before attempting to reinstall the equipment.
j. The Second Party may request in writing that locations upon INDOT's
highway system be added to or removed from Exhibit "AI'. The form
attached to this CONTRACT as "Exhibit B" will be used to document any
change. Written approval from the Greenfield District Deputy
Commissioner is required before a change to Exhibit IIA" is effective.
Terms of this CONTRACT shall apply tc locations added to Exhibit "A"
as if the added location had been an original part of this CONTRACT.
k. If after appropriate review, INDOT determines that any preemption
equipment or appurtenances installed on the highway right-of-way by
terms of this CONTRACT has become substandard, conflicts with future
improvements or other necessary installations, is not being
maintained, is being misused or this CONTRACT is terminated, INDOT
may order modification, relocation or removal of the preemption
system. A pre-qualified contractor employed by the Second party shall
perform the removal or modification within two (2) months of notice
to the Second Party from INDOT.
1. If after installation a preemption system is to be removed, the
Second Party, at their own expense, shall have a signal contractor,
pre-qualified with INDOr, perform the removal. A qualified IMSA
Certified Traffic Signal Electrician Level II shall be in responsible
charge for the removal work and shall make any wiring modifications.
The Second Party shall notify the Traffic Engineer at least five (5)
working days prior to commencing work on the removal of the
preemption equipment.
m. Upon termination of this CONTRACT or during maintenance or
modernization activities on the preemption system, preemption system
equipment removed by the second Party will remain the property of the
Seco::1d party.
7. Second Party RESPONSIBILITIES
The Second party responsibilities shall include but are not limited to:
a. Whereve~ in this contract any obligation or responsibility is assumed by
the SECOND PARTY, same shall be deemed an obligation of said SECOND PARTY.
b. The SECOND PARTY shall perform all work permitted under this Contract to
INDOT's reasonable satisfaction, as determined at the discretion of INDOT
Page 7 of 20 Pages
.,
/1
Ii
Ii
I
and in accordance with all applicable federal, state, local laws,
ordinances, rules, and regulations.
c. Compliance With Laws
1. The SECOND PARTY 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 of any state or federal statute or the
promulgation of rules or regulations thereunder after execution of this
Contract shall be reviewed by INDOT and the SECOND PARTY to determine
whether the provisions of this Contract require formal modification.
2. The SECOND PARTY and its agents shall abide by all ethical requirements
that apply to persons who have a business relationship with INDOT as set
forth in IC ~ 4-2-6 et seq., IC ~ 4-2-7, et. seq., the regulations
promulgated thereunder, and Executive Order 04-08, dated April 27, 2004.
If the SECOND, PARTY is not familiar with these ethical requirements, the
SECOND PARTY should refer any questions to the Indiana State Ethics
Commission, or visit the Indiana State Ethics Commission website at
http://www.i~~v/~~~i~~L. If the SECOND PARTY or its agents violate
any applicable ethical standards, INDOT may, in its sole discretion,
terminate this Contract immediately upon notice to the SECOND PARTY. In
addition, the SECOND PARTY may be subject to penalties under IC ~~ 4-2-6
and 4-2-7.
3. The SECOND PARTY certifies by entering into this Contract that neither
it nor its principal(s) is presently in arrears in payment of taxes,
permit fees or other statutory, regulatory or judicially required
payments to INDOT. The SECOND PARTY agrees that any payments currently
due to INDOT may be withheld from payments due to the SECOND PARTY.
Additionally, further work or payments may be withheld, delayed, or
denied and/or this Contract suspended until the SECOND PARTY is current
in its payments and has submitted proof of such payment to INDOT.
4. The SECOND PARTY warrants that it has no current, pending or outstanding
criminal, civil, or enforcement actions initiated by INDOT, and agrees
that it will immediately notify INDOT of any such actions. During the
term of such actions, the SECOND PARTY agrees that INDOT may delay,
withhold, or deny work under any supplement, amendment, change order or
other contractual device issued pursuant to this Contract.
5. If a valid dispute exists as to the SECOND PARTY's liability or guilt in
any action initiated by INDOT or its agencies, and INDOT decides to
delay, withhold, or deny work to the SECOND PARTY, the SECOND PARTY may
request that it be allowed to continue, or receive work, without delay.
The SECOND PARTY must submit, in writing, a request for review to the
I)
jl
"
1/
n
Ii
,\
i
,
1,;
H
Ii
!.':
H
,
i
I.
i..'1
I
Ii
.,
Fl
'i
I
I
I
I
,
Page 8 of20 Pages
Indiana Department of Administration {IDOA} following the procedures for
disputes outlined herein. A determination by IDOA shall be binding on
the parties.
6. Any payments that INDOT may delay, withhold, deny, or apply under this
section shall. not be subject to penalty or interest under Ie ~. 5-17-5.
7. The SECOND PARTY warrants that the SECOND PARTY 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 for INDOT. Failure to do so may be deemed a material
breach of this Contract and grounds for immediate termination and denial
of further work with INDOT.
8. The SECOND PARTY affirms that, if it is an entity described in IC Title
23, it is proper1y registered and owes no outstanding reports to the
Indiana Secretary of State.
9. As required by IC 5-22-3-7,
i. the SECOND PARTY and any principals of the SECOND PARTY certify
that (Al the SECOND PARTY, 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 Machines1 in the previous three hundred sixty-
five (365) days, even if IC 24-4.7 is preempted by federal law;
and (B) the SECOND PARTY will not violate the terms of IC 24-4.7
for the duration of the Contract, even if IC 24-4.7 is preempted
by federal law.
ii. The Contractor and any principals of the Contractor certify that
an affiliate or principal of the Contractor and any agent acting
on behalf of the Contractor or on behalf of an affiliate or
principal of the Contractor IA) except for de minimis and
nonsystematic violations, has not violated the terms of Ie 24-
4.7 in the previous three hundred sixty-five (365) days, even if
IC 24-4.7 is preempted by federal law; and (B) will not violate
the terms of Ie 24-4.7 for the duration of the Contract) even if
Ie 24-4.7 is preempted by federal law.
d. Confidentiality of State Information - The SECOND PARTY understands and
agrees that data, materials, and information disclosed to the SECOND PARTY
may contain confidential and protected information. The SECOND PARTY
covenants that data, material and information gathered, based upon or
disclosed to the SECOND PARTY for the purpose of th~s Contract, will not be
. Page 9 of 20 Pages
disclosed to or discussed with third parties without the prior written
consent of INDOT.
e. Conflict of Interest
1. As used in this section:
i ~'Immediate family" means the spouse and the un-emancipated
children of an individual.
ii ~Interested party,N means:
A. The individual executing this Contract;
B. An individual who has an interest of three percent (3%) or
more of the Contractor, if the Contractor is not an
individual; or
C. Any member of the immediate family of an individual'
specified under subdivision A or B.
iii "Commission" means the State Ethics commission.
2. The Department may cancel this Contract without recourse by the
Contractor if any interested party is an employee of the State.
3. "'['he Department will not exercise its right of cancellation under
section 2, above, if the Contractor gives the Department an opinion by
the Commission indicating that the existence of this Contract and the
employment by the State of the interested party does not violate any
statute or rule relating to ethical conduct of State employees. The
D~partment may take action, including cancellation of this Contract,
consistent with an opinion of the Commission obtained under this
section.
4. The Contractor has an affirmative obligation under the Contract to
disclose to the Department when an inter.ested party is or becomes an
employee of the State. The obligation under this section extends only
to those facts that the Contractor knows or reasonably could know.
f. Indemnification - The SECOND PARTY agrees to indemnify, defend, and hold'
harmless INDOT, its agents, officerst and employees from all claims and
suits including court costs, attorney's fees/.and other expenses caused by
any act or omission of the SECOND PARTY and/or its subcontractors, if any,
in the performance of this Contract. The State shall ~ provide such
indemnification to the SECOND PARTY.
g. Drug-Free Workplace Certification - The SECOND PARTY hereby covenants and
agrees to make a good faith effort to provide and maintain a drug-free
workplace. The SECOND PARTY will give written notice to INDOT within ten
(lO) .days after receiving actual notice that the SECOND PARTY or an
employee of the SECOND PARTY in the State of Indiana has been convicted of
a criminal drug violation occurring in the workplace. False certification
i
"
i)
i(
I"
i;j
"
1,1
P
,I
I'
II
I'
I
i
I
!
1
Page 10 of 20 Pages
or violation of this certification may result in sanctions including/ but
not limited to, suspension of contract payments, termination of this
Contract and/or debarment of contracting opportunities with INDOT 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 $25,000.00, the
SECOND PARTY hereby further agrees that this Contract is expressly subject
to the terms, conditions, and representations of the following
certification:
This certification is required by Bxecutive Order No. 90-5, April 12, 1990,
issued by the Governor of Indiana. No award of a contract shall be made,
and no contract, purchase order or agreement, the total amount of which
exceeds $25,000.00, shall be valid, unless and until this certification has
been fully executed by the SBCOND PARTY and made a part of the contract or
agreement as part of the contract documents.
The SECOND PARTY certifies and agrees that it will provide a drug~free
workplace by:
1. Publishing and providing to all of its employees a statement notifying
them that the unlawful manufacture. distribution, dispensing, possession
or use of a controlled substance is prohibited in the SECOND PARTY's
workplace, and specifying the actions that will be taken against
employees for violations of such prohibitioni
2. Establishing a drug-free awareness program to inform its employees of
(1) the dangers of drug abuse in the workplace; (2) the SBCOND PARTY's
policy of mai.ntaining a drug-free workplace;' (3) any available drug
counselingl rehabilitation and employee assistance programs; and (4) the
penalties that may be imposed upon an employee for drug abuse violations
occurring in the workplace;
3. Notifying all employees in the statement required hy subparagraph (A)
above that as a condition of continued employment, the employee will (1)
abide by the terms of the statement; and (2) notify the SBCOND PARTY of
any criminal drug statute conviction for a violation occurring in the
workplace no later than five (5) days after such conviction;
4. Notifying INDOT in writing within ten (10) days after receiving notice
from an employee under subdivision (C) (2) above, or otherwise receiving
actual notice of such convictionj
5. Within thirty (30) days after receiving notice under subdivision (CI (2)
above of a conviction, imposing the following sanctions or remedial
Page 11 of 20 Pages
measures on any employee who is convicted of drug abuse violations
occurring in the workplace: (1) taking appropriate personnel action
against the employee, up to and including termination"j or (2) requiring
such employee to satisfactorily participate ina drug abuse assistance
or rehabilitation program approved for such purposes by a federal, state
or local health, law enforcement, or other appropriate agency; and
6. Making a good faith effort to maintain a drug-free workplace through the
implementation of subparagraphs (A) through (E) above.
h. Non-Discrimination - Pursuant to I.C. 22-9-1-10 and the Civil Rights Act of
1964, the SECOND PARTY, its agents, contractors and subcontractors, shal~
not discriminate against any employee or applicant for employment in the
performance of 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, or ancestry. Breach of this covenant may be regarded as a
material breach of the Contract. Acceptance of this Contract also
signifies compliance with appli~able 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. The Contractor understands that INDOT is a recipient of federal
funds. Pursuant to that understanding, the Contractor and its
subcontractor, if any, agree that if the contractor employs fifty (50) or
more employees and does at least $50,000.00 worth of business with INDOT
and is not exempt, the Contractor will comply with the a~firmative action
reporting requirements of 41 CFR 60-1.7. The Contractor 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.
i. Status of Claims - The SECOND PARTY shall be responsible for keeping INDOT
currently advised as to the status of any claims made for damages against
the SECOND PARTY resulting from work performed under this Contract. The
SECOND PARTY 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, IN 46204-2249
j. Payment of costs associated with the preemption system as provided
elsewhere herein.
8. NOTICE
Page 12 ono Pages
a. Except as provided in Section 6, wherever in or under this contract
notice must or may be given by INDOT to the Second Party, such notice
shall be deemed given when addressed to the Second Party at One Civic
Square, Carmel, IN, 46032, and deposited postage paid in the U.S.
Mail system of collection.
b. Whenever the notice required .in Section 6 must or may be given by
INDOT to the Second Party, such notice shall be deemed given when
delivered verbally or in writing by direct communication or written
or electronic means.
c. Except as provided in Section 6, wherever in or under this contract
notice must or may be given by the Second Party to INDOT, such notice
shall be deemed given when received by the Traffic Engineer at the
Greenfield District Office, 32 South Broadway, Greenfield, IN, 46140-
2247.
d. Whenever the notice required in Section 6 must or may be given by ,the
Second Party to INDOT, such notice shall be deemed given when
delivered verbally or in writing by direct communication or written
or electronic means.
e. Wherever in or under this contract notice must or may be given by
INDOT to the Project Engineer, such notice shall be dee~ed given when
delivered verbally or in writing by direct communication or written
or electronic means.
9 . PAYMENTS
As required by IC 4-13-2-14.8: Notwithstanding any other law, rule, or
custom, a person or company whom has a contract with the State or
submits invoices to the state for payment shall authorize in writing the
direct deposit by electronic funds transfer of all payments by the state
to the person or company. The written authorization must designate a
financial institution and an account number to which all payments are to
be credited. For forms and additional information, the contractor may
visit the Auditor of State's website at www.in.gov/auditor/forms.
This CONTRACT requires no direct or indirect payments between the
parties to the CONTRACT. The parties to the CONTRACT acknowledge that
the intangible benefits to traffic flow at the intersection are
sufficient consideration.
The parties will pay costs of installing and operating the traffic
signal preemption system:
a. TO providers other than INDOT, the Second Party shall pay for,
1) Design of the preemption system and associated work.
2) Bidding, and contracting of the work described by the final plan.
Page 13 of 20 Pages
3} Materials, equipment, and labor required to install the preemption
system in accordance with the final plan.
4) Materials, equipment} and labor required to install and maintain
the preemption system emitters in emergency vehicles.
5) Costs for employing a project supervisor/engineer and for testing
and inspection work done by the project supervisor/engineer.
6) Materials, equipment, and labor necessary to maintain, update,
modify, or remove the preemption system.
7) Materials, equipment, and labor required to reinstall the
preemption system, after INDOT, in its normal course of businessl
has provided emergency maintenance to knocked down equipment that
contains any preemption system equipment permitted under this
CONTRACT.
8) Materials, equipment, and labor required to reinstall ,the
preempti.on system, after INDOT, in its normal course of business,
has modernized a traffic signal containing preemption equipment.
9) Power for preemption system equipment not at the intersections
listed in Exhibit "A".
b. In its normal course of business, INDOT will provide payment. for:
1) costs for maintenance of the traffic signals located on INDOT's
highway system, excepting the preemption system at the locations
listed in Exhibit "A". INDOT will make the initial response to any
reported signal malfunction and diagnose if the problem is
associated with the pre.emption equip~ent.
2) costs, excepting any preemption eq~ipment and appurtenances, for
future modernization of the traffic signals located on INDOT's
highway system.
3) costs for any emitters mounted on INDOT vehicles.
10. GENERAL PROVISIONS
a. Attorney General Approval - This contract shall not be effective unless and
until approved by the Attorney-General of Indiana, or an authorized
representative I as to form and legality.
b. Assignment - The Contractor binds its successors and assignees to all the
terms and conditions of this Contract. The Contractor shall not assign or
subcontract the whole or any part of this Contract without INDOT's prior
written consent.
c. Debarment and Suspension -
1. The Contractor certifies by entering into this Contract that neither it
nor its principals nor any of its subcontractors are presently debarred,
suspended, proposed for debarment, declared ineligib~e or voluntarily
Page 14 of 20 Pages
excluded from entering into this Con~ract by any federal agency or by
any department, agency or political subdivision of INDOT. The term
\\principal" for purposes of this Contract means an officer, director,
owner, partner, key employee or other person with primary management or
supervisory responsibilities! or a person who has a critical influence
on or substantive control over the operations of the Contractor.
2. The Contractor certifies that it has verified the state and federal
suspension and debarment status for all subcontractors receiving funds
under this Contract and shall be solely responsible for any recoupment,
penalties or costs that might arise from use of a suspended or debarred
subcontractor. The Contractor shall immediately notify INDOT if any
subcontractor becomes debarred or suspended, and shall, at INDOT!s
request, take all steps required by INDOT to terminate its contractual
relationship with the subcontractor for work to be performed under this
Contract.
d. Delay of work. No delay or failure by either party to exercise any righ~
hereunder, and no partial or single exercise of any such right, shall
constitute a waiver of that or any other right! unless otherwise expressly
provided herein.
e. Force Majeure, Su~pension and Ter.mination - In the event that 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
~FoTce Majeure Bvent"), 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.
f. Funding Cancellation. When the Director of the State Budget Agency makes a
written determination that funds are not appropriated or otherwise
available to support continuation of this Contract, the Contract shall be
canceled. A determination by the Budget Director that funds are not
appropriated or o~herwise available to support continuation of performance
shall be final and conclusive.
g. 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.
h. Headings. Headings in this Contract are for convenience only and shall not
be used to interpret or construe its provisions.
Page 15 of 20 Pages
i. Modification/Entire Contract. This Contract may be amended from time to
time hereafter only in writing executed by the par:ies hereto and submitted
to the Indiana Attorney General for approval as to form and legality. No
verbal change, modification, or amendment shall be effective unless in
writing and signed by the parties and approved by the Attorney General or
his authorized representative. Except, elements of the traffic signal and
associated work design may be added,. deleted or modified in the normal
course of plan review or construction field revision and locations may be
added to or deleted from Exhibit 'IA" as provided in section 6.j. of this
contract without submittal to the Attorney General for approval. The
provisions hereof constitute the entire Contract between the parties and
supersede any verbal statement, representations, or warranties, stated, or
implied.
j. Non-Waiver. No delay or failure by either party to exercise any right
hereunder, and no partial O! single exercise of any such right, shall
constitute a waiver of that or any other right, unless otherwise expressly
provided herein.
be resolved by giving
(1) This Contract,
(2) attachments prepared by INDOT,
(3) attachments prepared by the Contractor.
All of the foregoing are incorporated fully by reference.
1. Severability. Wherever possible, each provision of this Contract shall be
interpreted in such manner as to be effective and valid under applicable
law, but if any provision of this Contract shall be prohibited by or
invalid under applicable law, such provision shall be ineffective only to
the extent of such prohibition or invalidity, without invalida~ing the
remainder of such provision or the remaining provisions of this Contract.
m. Subsequent Acts. The parties agree that they will, at any time and from
time to time, from and after the execution of this Contract, upon request,
Any inconsistency or ambiguity in
precedence in the following order:
this Contract shall
k. Order of Precedence.
perform or cause to be performed such acts, and execute, acknowledge ar.d
deliver or cause to be executed, acknowledged and delivered, such documents
as may be reasonably required for the performance by the parties of any of
their obligations under this Contract.
n. substantial Performance. This Contract shall be deemed to have been
substantially performed only when fully performed according to its terms
and conditions and any modification thereof.
Page 16 of 20 Pages
o. Taxes. The State is exempt from most state and local taxes and many federal
taxes. The State will not be responsible for any taxes levied on the SECOND
PARTY as a result of this Contract.
p. Previous Contracts Superseded or Revoked. This Contract supersedes and
revokes any previous contract between said parties hereto pertaining to
traffic signal installation at this location. Such above terms and
conditions as they apply to INDOT shall remain in effect only so long as
the location mentioned herein is a part of the State Highway System.
q. Authorizations. Any person executing this Contract in a representative
capacity hereby warrants that he/she has been duly authorized by his/her
principal to execute this Contract on such principal's behalf.
REMArNDER OF PAGE INTENTIONALLY LEFT BLANK
Page] 7 of 20 Pages
~ .J
,
Non~collusion and Acceptance. The undersigned attests" subject to the penalties for
perjury, that he/she is the contracting party, or that he/she is the.representative,
agent, member or officer of the contracting party, that he/she has not, nor has any
other member, employee, representative, agent or officer of the firm, company,
corporation or partnership represented by him/her, 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 the contract.
IN WITNESS WHEREOF, the State of Indiana, through said INDOT, and the Second
CITY OF CARMEL,Through its Board of
Public Works and Safety I
'~".8-- j)
Dat:~. 6/(/0 7-
Nar P~s.e...uf-
Mary Ann Burke
State of Indiana
I iana Department 0 f Transportation
I
I
I
Party, through their undersigned officials, have hereunto affixed their signatures.
r.~/~
J es M. Poturalski
Deputy Commissioner of Highway Management
Date: JVI vi ~ 7- {". 1."',..,1
Date:
Appro~
.//.t
Carrie Hen . Commissioner
Department of Administration
1(11/
'I
(;)&=
Lori Wat~on
(c,{/~/o '7
,
Date:
Approved:
c~~rect~
Date:
Date: 7/& I"l:>;;n
Approved as to Form and Legality:
D~ 1/ ~ - (FOR)
Steve Carter
Attorney General of Indiana
ilnl01
Date:
Page 18 of 20 Pages
EXHIBIT TlAIl
# State Route Cross Road Commission Number
1 SR 431 96th Street 01-049-349
2 SR 431 98th Street 01-029-032
3 SR 431 lO6th Street 01-029-014
4 SR 431 116th Street 01-029-012
5 SR 431 Carmel Drive 01-029-023
6 SR 431 126th Street 01-029-015
7 SR 431 1315t Street 01-029-011
8 SR 431 136th Street 01-029-030
9 US 31 96th Street 01-049-375
10 US 31 I-465 BB Ramp 01-029-010
11 US 31 I-465 WB Ramp 01-029-027
12 US 31 lO3rd Street 01-029-036
13 US 31 106th Street 01-029-019
14 US 31 116th Street 01-029-020
15 US 31 126th Street 01-029'031
16 US 31 136th Street 01-029-026
17 US 31 Range Line Road 01-029-024
Page 19 of20 Pages
EX H I BIT "B"
INDIANA DEPARTMENT OF TRANSPORTATION
CHANGE OF TRAFFIC SIGNAL PREEMPTION CONTRACT EXHIBIT "Au
CONTRACT:
ORIGINAL DATE APPROVED:
Effective the day of (month), 19_, the following locations shall be added to /
removed from (strike the term not applying) Exhibit "AU of the above named CONTRACT, which provides for Installation
and operation of emergency vehicle pre"emption devices on traffic signals at named iocations in the
City/Town/Townshlp of County, Indiana.
LOCATION
COMMISSION NUMBER
. .
COMMENTS:
STATE OF INDIANA
CITY/TOWN/TOWNSHIP OF
INDIANA DEPARTMENT OF TRANSPORTATION
RECOMMENDED:
DISTRICT TRAFFIC ENGINEER
BY:
IDLE:
APPROVED:
ADDRESS:
DISTRICT DEPUTY COMMISSIONER
DATE:
DATE:
Page 20 of 20 Pages