HomeMy Public PortalAbout188-2020 - Engineering - INDOT - Bike Pedestrian Facilities on East Main, Ft Wayne Avenue and N E Street - (Des #1702769)s 0000000000000000000050390
INDIANA DEPARTMENT OF TRANSPORTATION - LOCAL PUBLIC AGENCY
PROJECT COORDINATION CONTRACT
Des. No.: 1702769
LPA DUNS 9072050461
CFDA No.: 20.205
This Contract is entered into 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 Richmond, a local
public agency in the State of Indiana (hereinafter referred to as the "LPA"), and collectively referred to as
the "PARTIES" is executed pursuant to the terms and conditions set forth herein and shall be effective as
of the date of approval by the Office of the Indiana Attorney General. In consideration of those mutual
undertakings and covenants, the PARTIES agree as follows:
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 and Grant Administration
Attention: Director of LPA and Grant Administration
100 North Senate Avenue, Room N758-LPA
Indianapolis, Indiana 46204
With a copy to:
Chief Legal Counsel and Deputy Commissioner
Indiana Department of Transportation
100 North Senate Avenue, Room N758
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:
City of Richmond
50 N 5th Street
Richmond, IN 47374
-41
RECITALS
WHEREAS, the LPA has submitted an applicationto receive federal funds for the project described
in Attachment A (the "Project"), which is attached herein and made an integral part of this Contract; and
WHEREAS, INDOT has approved of the LPA's application for federal funding, and the PARTIES
desire to enter into this Contract to establish the responsibilities for the Project; and
WHEREAS, the LPA shall be responsible for its share of the Project cost as stated in this Contract,
and
WHEREAS, the LPA desires to expedite delivery of the Project, comply with all federal
requirements and fiscally manage the Project;
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
NOW THEREFORE, in consideration of the mutual covenants and promises herein contained, the
LPA and INDOT agree as follows:
I. PROJECT DESCRIPTION.
1.1. The Parties are entering into this Contract to complete the Project described as follows:
Des. No. 1702769
Program: Group 3 - TAP
Type of Project: Bike / Pedestrian Facilities
General Scope/Location: Bike / Pedestrian Facilities E. Main from 7th to 10th, Ft. Wayne Ave
from 7th to N. E, N. "E" from 7th to 10th will closely mirror the East Main Street
from 5th to 7th reconstruction that will occur in 2018. The cross section will consist
of sidewalks, parking on both sides of street, 8-foot cycle track, two .11-foot travel
lanes, a 3 foot buffer between parking and cycle track and new street lighting.
The sections of the project on Fort Wayne Avenue and North "E" Street will utilize
existing sidewalks as much as possible, installation of new curb ramps, two 11 foot
travel lanes, 8 foot on street parking, 8 foot cycle track, a 3 foot buffer between cycle
track and sidewalk and new street lighting
II. LPA RESPONSIBILYTIES.
2.1. The LPA shall complete the Project in accordance with INDOT's Design Manual See
http://www.in.gov/indot/design manuals and all pertinent state and federal laws, regulations,
policies and guidance, including the INDOT's LPA Guidance Document (See
https://www.in.gov/indot/2390.htm). The LPA or its consultant shall prepare the environmental
2
document(s) for the Project in accordance with INDOT's Environmental Manual (See
http://www.in.gov/indot/2523.htrn . 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/2493.htm).
2.2. The LPA shall select the consultant in accordance with INDOT's consultant selection procedure for
the consultant services to be eligible for federal funding or federal credits.
2.3. If the LPA contracts with a consultant, contractor, or other agent to complete work on the Project the
LPA may use either the "LPA-CONSULTANT Agreement", which is found at
http://www.in:govfindot/2833.htm, or an agreement that has been reviewed and approved by INDOT.
2.4. The LPA shall provide all relevant documents including, but not limited to, all plans, specifications,
and special provisions, to INDOT for its review and approval, which said approval will not be
unreasonably withheld. If INDOT does not approve the LPA submittal, the LPA shall modify the
submittal to secure INDOT's approval. Ifthe LPA fails to provide a submittal, untimely provides the
submittal, or the submittal is not approvable, the schedule, cost, and federal funds for the Project may
be jeopardized.
2.5. The LPA shall complete all right-of-way acquisition, utility coordination and acquire the necessary
permit(s) and submit documentation of such to INDOT. The utility coordination shall be in
accordance with 105 IAC 13.
2.6. If the LPA fails to meet any of the requirements of Sections 2.1, 2.2, 2.4, or 2.5 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.
2.7. The cost of the invoice of the construction, utility, and/or railroad work shall be paid by the LPA no
later than thirty (30) calendar days from the date of letting.
2. & The LPA shall make timely payments of costs to INDOT to avoid delays and increased costs to the
Project. If the LPA fails to make timely payments of the full amount invoiced by INDOT, 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 A, which is attached hereto
and incorporated herein by referenced, 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.
2.9. The LPA shall 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 submitted by the field Project
Engineer/Supervisor, and such approvals shall not be unreasonably withheld.
2.10. The LPA shall provide competent and adequate engineering, testing, and inspection service to ensure
the performance of the work is in accordance with the construction contract, plans 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, 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.
2.10.1. If project inspection will be provided by full-time 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. Only 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 of the Contract for payment.
2.10.2. 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 Ready for Contracts date for the Project
Only costs incurred after INDOT'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 of this
Contract for payment.
2.11. The LPA shall submit reports, including but not limited to quarterly reports, to INDOT regarding the
Project's progress and the performance of work per INDOT standard reporting methods. If the
required reports are not submitted, federal funds may be withheld.
2.12. The LPA hereby agrees that all utilities which cross or otherwise occupy the right-of-way of
said Project shall be regulated on a continuing basis by the LPA in accordance with INDOT's
Utility Procedure and Accommodation Policy (See http://www.in.gov/indot/2389.htm). The LPA
shall execute written use and occupancy contracts as defined in this Policy.
2.13. If FHWA or INDOT invokes sanctions per Section 6.6.2. of this Contract, 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:
2.13.1. In the event of a correctable noncompliance, the LPA shall make the corrections to the
satisfaction of FHWA and INDOT in a reasonable amount of time. In the event the LPA fails
to make the required corrections, Sections 2.14.2 and 2.14.3 (as applicable) shall apply.
2.13.2. In the event a citation for noncompliance: (1) is unable to be corrected, (2) the LPA fails to
make corrections, (3) the LPA makes corrections which are not acceptable to FHWA and
INDOT, or (4) for whatever reason the FHWA citation continues in force beyond a
reasonable amount of time, Section 2.14.2 shall apply and adjustments shall be made as
follows:
A. The LPA shall reimburse INDOT the total amount of all right-of-way costs that are
subject to FHWA citation which have been paid by INDOT to the LPA.
B. If no right-of-way costs have been paid by INDOT to the LPA or on the LPA's behalf,
INDOT shall not pay any claim or billing for right-of-way that is subject to the FHWA
citation.
C. The LPA is not entitled to bill INDOT or to be reimbursed for any of its right-of-way
liabilities or costs that are subj ect to any FHWA citation in force.
2.13.3. If FHWA issues a citation denying or withholding all or any part of construction costs due to
LPA's noncompliance with right-of-way requirements, and construction work has
commenced, the following shall apply:
A. INDOT may elect to terminate, suspend, or continue construction work in accordance
with the provisions of the construction contract.
B. INDOT may elect to pay its obligations under the provisions of the construction contract.
4
C. If the noncompliance can be corrected, the LPA shall make the corrections in a
reasonable amount of time to the satisfaction of FHWA and INDOT.
D. In the event a citation for noncompliance: (1) is unable to be corrected, (2) the LPA fails
to make corrections, (3) the LPA makes corrections which are not acceptable to FHWA
and INDOT, or (4) for whatever reason the FHWA citation continues in force beyond a
reasonable amount of time, and construction work has been terminated or suspended, the
LPA shall reimburse INDOT the full amount the LPA paid for said construction world
less the amount of federal funds allowed by FHWA.
2.13.4. The LPA shall reimburse INDOT the total cost of the Project, not eligible for federal
participation.
2.13.5. If for any reason INDOT is required to repay to FHWA the sum(s) 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(s) within forty-five (45) days after receipt of an invoice from
INDOT. Payment for any and all costs incurred by the LPA which are not eligible for federal
funding shall be the sole obligation of the LPA.
M. INDOT RESPONSIBILITIES.
3.1. 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.
3.2. 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.
3.3. If the LPA owes INDOT money which is more than sixty (60) days past due, INDOT will not open
the construction bids for the Project.
3.4. Not later than sixty (60) calendar days after receipt by INDOT of 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 A, and fulfillment of all other pre -letting obligations of this Contract, INDOT shall, in
accordance with applicable laws and rules, including I.C. 8-23-9, I.C. 8-23-10, and 105 I.A.C. 11,
conduct a scheduled letting.
3.5. Subject to the LPA's written approval, INDOT shall award the construction contract for the Proj ect
according to applicable laws and rules.
3.6. Not later thanseven (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.
3.7. 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's share of the construction
cost.
3.8. 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.
5
.i
3.9. 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,
INDOT 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. INDOTs engineers shall control the work the same as on other federal aid construction
contracts.
3.10. After the final Project audit is approved by INDOT, the LPA shall, within forty-five (45) days after
receipt of INDOT's invoice, make final payment to INDOT pursuant to Attachment A or INDOT
shall, within forty-five (45) days after approval of the audit, refund any Project overpayment to the
LPA.
IV. PROJECT FUNDS.
4.1. INDOT will not share in the cost ofthe Project. INDOTwill disburse funds from time to time; however,
INDOT will be reimbursed by the Federal Highway Administration(FHWA) or the LPA. Payment Will
be made for the services performed under this Contract in accordance with Attachment A (Project
Funds).
V. TERM AND SCHEDULE.
5.1. If the LPA has the plans, special provisions, and cost estimate (list of pay items, quantities, and unit
prices) for the Project ready such that federal funds can be obligated (INDOT obligates the funds about
7 weeks before the date bids are opened for the construction contract), between July 1, 2021 and June
30,202 INDOT will make the federal funds shown in Section I.A. and/or Section I.B. ofAttachment
A available for the Project, provided the Project is eligible, and provided the federal funds shown in
Section I.B. of Attachment A are available.
5.2. In the event that federal fiords for the Proj ect are not obligated during the time listed in Section 5.1, but
the LPA has the plans, special provisions, and cost estimate for the Project ready such that federal fiords
can be obligated between July 1, 2022 and June 30, 2024, INDOT will schedule the contract for
letting, provided the Project is eligible, and provided the federal funds shown in Section I.B. of
Attachment A are available.
5.3. In the event that federal funds for the Project are not obligated during the period listed in Section 5.1 or
Section 5.2, the federal funds allocated to the Project may be obligated in the fiscal year chosen by
INDOT or the federal funds allocated to the Project will lapse.
5.4. If the Program is Group I or Group II, Sections 5.1, 5.2 and 5.3 do not apply, but will be obligated
according to the fiscal year programmed in the most current MPO TIP, provided the MPO funding is
within their fiscal year allocation.
VL GENERAL PROVISIONS
6.1. 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.
6.2. Assignment of Antitrust Claims. As part of the consideration for the award of this Contract, the
LPA assigns to the State all right, title and interest in and to any claims the LPA now has, or may
acquire, under state or federal antitrust laws relating to the products or services which are the subject
of this Contract.
6.3. Audits. The LPA acknowledges 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 IC §5-11-1, et seq., and audit
guidelines specified by the State. The State considers the LPA to be a "sub -recipient" for purposes of
this Contract. However, ifrequiredby applicable provisions ofthe Office ofManagement and Budget
Circular A-133 (Audits of States, Local Governments, and Non -Profit Organizations), following the
expiration of this Contract the LPA shall arrange for a financial and compliance audit of funds
provided by the State pursuant to this Contract. Such audit is to be conducted by an independent
public or certified public accountant (or as applicable, the Indiana State Board of Accounts), and
performed in accordance with Indiana State Board of Accounts publication entitled "Uniform
Compliance Guidelines for Examination of Entities Receiving Financial Assistance from
Governmental Sources," and applicable provisions of the Office of Management and Budget
Circulars A-133 (Audits of States, Local Governments, and Non -Profit Organizations). The LPA is
responsible for ensuring that the audit and any management letters are completed and forwarded to
the State in accordance with the terms of this Contract.
For audits conducted pursuant to Indiana Code 5-11-1, and audited by the Indiana State Board of
Accounts on the time schedule set forth by the Indiana State Board of Accounts, the LPA shall
provide to the Indiana State Board of Accounts, all requested documentation necessary to audit the
Local Public Agency in its entirety.
If the audit is conducted by an independent public or certified public account and not the Indiana
State Board of Accounts, the LPA shall submit the completed audit to the Indiana State Board of
Accounts within 10 (ten) days of the completion of the audit.
The audit shall be an audit of the actual entity, or distinct portion thereof that is the LPA, and not of
a parent, member, or subsidiary corporation of the LPA, except to the extent such an expanded audit
may be determined by the Indiana State Board of Accounts or the State to be in the best interests of
the State.
6.4. Authority to Bind LPA. The signatory for the LPA represents that he/she has been duly authorized
to execute this Contract on behalf of the LPA, and has obtained all necessary or applicable approvals
to make this Contract fully binding upon the LPA when his/her signature is affixed and accepted by
the State.
6.5. Certification for Federal -Aid Contracts Lobbying Activities. The LPA certifies, by signing and
submitting this Contract, to the best of its knowledge and belief that the LPA has complied with Section
1352, Title 31, U.S. Code, and specifically, that:
A. No Federal appropriated funds have been paid or will be paid, by or on behalf of the LPA, 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 agreement, the making of any Federal
grant, the making of any federal loan, the entering into of any cooperative agreement, and the
7
extension, continuation, renewal, amendment, or modification of any federal agreement, grant;
loan, or cooperative agreement.
B. 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 agreement, grant, loan, or cooperative agreement, the
undersigned shall complete and submit Standard Form-LLL, (Disclosure Form to Report
Lobbying), in accordance with its instructions.
C. The LPA also agrees by signing this Contract that 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 subj ect to a civil penalty of not less than $10,000 and not more than
$100,000 for each failure.
6.6. Compliance with Laws.
6.6.1. The LPA shall comply with all applicable federal, state and local laws, rules, regulations and
ordinances, and all provisions required thereby to be included herein are hereby incorporated
by reference. The enactment or modification of any applicable state or federal statute or the
promulgation of rules or regulations there under, after execution of this Contract shall be
reviewed by INDOT and the LPA to determine whether the provisions of this Contract
require formal modification.
6.6.2. The LPA acknowledges that federal requirements provide for the possible loss of federal
funding to one degree or another when the requirements of Public Law 91-646 and other
applicable federal and state laws, rules and regulations are not complied with.
6.6.3. 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."
6.6.4. 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 IC §4-2-6, et seq,, IC §4-2-7, et seq. and
the regulations promulgated thereunder. If the LPA has knowledge, or would have
acquired knowledge with reasonable inquiry, that a state officer, employee, or special
state appointee, as those terms are defined in IC 4-2-6-1, has a financial interest in the
Contract, the LPA shall ensure compliance with the disclosure requirements in IC 4 2-
6-10.5 prior to the execution of this Contract 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 Inspector General's website at http://wwwin. goy/ig/. If the LPA or its agents
violate any applicable ethical standards, the State may, in its sole discretion, terminate this
Contract immediately upon notice to the LPA. In addition, the LPA may be subject to
penalties under IC §§4-2-6, 4-2-7, 35-44.1-1-4, and under any other applicable laws.
6.6.5. The LPA warrants that the LPA and its contractors shall obtain and maintain all required
permits, licenses, registrations, and approvals, and shall comply with all health, safety, and
environmental statutes, rules, or regulations in the performance of work activities under this
Contract. Failure to do so maybe deemed a material breach of this Contract and grounds for
immediate termination and denial of further work withthe State.
6.6.6. As required by IC §5-22-3-7:
(1) The LPA and any principals of the LPA certify that:
(A) the LPA, except for de minimis and nonsystematic violations, has not
violated the terms of:
i. IC §24-4.7 [Telephone Solicitation Of Consumers];
ii. IC §24-5-12 [Telephone Solicitations]; or
iii. IC §24-5-14 [Regulation of Automatic Dialing Machines];
in the previous three hundred sixty-five (365) days, even if IC §24-4.7 is
preempted by federal law; and
(B) the LPA 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.
(2) The LPA and any officials ofthe 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 except for de minimis and nonsystematic violations,
(A) has not violated the terms of IC §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 IC §24-4.7 for the duration of the Contract,
even if IC §24-4.7 is preempted by federal law.
6.7. Debarment and Suspension.
1. The LPA certifies by entering into this Contract that neither it nor its principals nor any of its
contractors are presently debarred, suspended, proposed for debarment, declared ineligible or
voluntarily excluded from entering into this Contract by any federal agency or by any
department, agency or political subdivision of the State of -Indiana The term "principal" for
purposes of this Contract means an officer, director, owner, partner, key employee or other
person with primary management or supervisory responsibilities, or a person who has a critical
influence on or substantive control over the operations of the LPA.
The LPA certifies that it will verify the state and federal suspension and debarment status for all
contractors receiving funds under this Contract and shall be solely responsible for any
recoupment, penalties or costs that might arise from use of a suspended or debarred contractor.
The LPA shall immediately notify INDOT if any contractor becomes debarred or suspended, and
shall, at II�DOT's request, take all steps required by INDOT to terminate its contractual
relationship with the contractor for work to be performed under this Contract.
`6.8. 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:
we
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 Pat
26 in the award and administration of DOT -assisted contracts. Failure by the LPA to cant' out
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.
6.9. Disputes.
6.9.1. Should any disputes arise with respect to this Contract, the LPA and 1NDOT agree to act
immediately to resolve such disputes. Time is of the essence in the resolution of disputes.
6.9.2. 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.
6.9:3. If a party to the contract is not satisfied with the progress toward resolving a dispute, the
party must notify in writing the other party of this dissatisfaction. Upon written notice, the
PARTIES have ten (10) working days, unless the PARTIES mutually agree to extend this
period, following the notification to resolve the dispute. Ifthe dispute is not resolved within
ten (10) working days, a dissatisfied party will submit the dispute in writing according to the
following procedure;
6.9.4. 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
ofthe 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 partymay submitthe dispute to an Indiana
court of competent jurisdiction.
6.9.5. INDOT may withhold payments on disputed items pending resolution of the dispute. The
unintentional nonpayment by INDOT to the LPA of one or more invoices not in dispute in
accordance with the terms of this Contract will not be cause for LPA to terminate this
Contract, andthe LPA may bring suit to collect these amounts without followingthe disputes
procedure contained herein.
6.10. Drug_ -Free Workplace Certification. As required by Executive Order No. 90-5 dated April 12,
1990, issued by the Governor of Indiana, the LPA hereby covenants and agrees to make a good faith
effort to provide and maintain a drug -free workplace. The LPA will give written notice to the State
within ten (10) days after receiving actual notice that the LPA, or an employee of the LPA in the
State of Indiana, has been convicted of a criminal drug violation occurring in the workplace. False
certification or violation of this certification may result in sanctions including, but not limited to,
10
suspension of contract payments, termination of this Contract and/or debarment of contracting
opportunities with the State for up to three (3) years.
In addition to the provisions of the above paragraph, if the total amount set forth in this Contract is
in excess of $25, 000.00, the LPA certifies and agrees that it will provide a drug -free workplace by:
A. Publishing and providing to all of its employees a statement notifying them that the unlawful
manufacture, distribution, dispensing, possession or use of 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;
B. Establishing a drug -free awareness program to inform its employees of (1) 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 that may be imposed upon an employee for drug abuse violations occurring in the
workplace;
C. Notifying all employees in the statement required by subparagraph (1) above that as a condition
of continued employment, the employee will (1) abide by the terms of the statement; and (2)
notify the LPA of any criminal drug statute conviction for a violation occurring in the
workplace no later than five (5) days after such conviction;
D. Notifying the State in writing within ten (10) days after receiving notice from an employee
under subdivision (3)(2) above, or otherwise receiving actual notice of such conviction;
E. Within thirty (30) days after receiving notice under subdivision (3)(2) above of a conviction,
imposing the following sanctions or remedial 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; or (2) requiring such employee to
satisfactorily participate in a drug abuse assistance or rehabilitation program approved for such
purposes by a federal, state or local health, law enforcement, or other appropriate agency; and
F. Making a good faith effort to maintain a drug -free workplace through the implementation of
subparagraphs (A) through (E) above.
6.11. Employment Eligibility Verification. The LPA affirms under the penalties of perjury that they do not
knowingly employ an unauthorized alien. The LPA further agrees that:
A. The LPA shall enroll in and verify the work eligibility status of all its newly hired employees
through the E-Verify program as defined in IC 22-5-1.7-3. The LPA is not required to participate
should the E-Verify program cease to exist. Additionally, the LPA is not required to participate
if the LPA is self-employed and do not employee any employees.
B. The LPA shall not knowingly employ or contract with an unauthorized alien. The LPA shall not
retain an employee or contract with a person that the LPA subsequently learns is an unauthorized
alien.
C. The LPA shall require its contractors, who perform work under this Contract, to certify to the
LPA that the contractor does not knowingly employ or contract with an unauthorized alien and
that the contractor has enrolled and is participating in the E-Verify program. The LPA agrees to
maintain this certification throughoutthe duration of the term of a contract with a contractor.
11
The State may terminate for default if the LPA fails to cure a breach of this provision no later than thirty
(30) days after being notified by the State.
6.12. Force Majeure. In the event that any 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 or as soon is reasonably possible under the circumstances 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.
6.13. Funding Cancellation Clause. As required by Financial Management Circular 2007-1 and IC 5-22-
17-5, 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.
6.14. GoverninLy Laws. This Contract shall be governed, construed and enforced in accordance with the
laws of the State of Indiana, without regard to its conflict of laws rules. Suit, if any, must be brought
in the State of Indiana.
6.15. Indemnification. The LPA agrees to indemnify, defend, exculpate, and hold harmless the State of
Indiana, and INDOT and/or its/their officials, agents, representatives, attorneys and employees,
individually and/or jointly, from any and all claims, demands, actions, liability and/or liens that may
be asserted by the LPA and/or by any other person, firm, corporation, insurer, government or other
legal entity, for any claim for damages arising out of any and all loss, damage, injuries, and/or other
casualties of whatsoever kind, or by whomsoever caused, to the person or property of anyone on or
other casualties of whatsoever kind, or by whomsoever caused, to the person or property of anyone
on or off the right-of-way, arising out of or resulting from the performance of the contract or from
the installation, existence, use, maintenance, condition, repairs, alteration and/or removal of any
equipment or material, whether due in whole or in part to the acts and/or omissions and/or negligent
acts and/or omissions:
A. of the State of Indiana, INDOT, and/or its/their officials, agents, representatives, attorneys
and/or employees, individually and/or jointly;
B. of the LPA, and/or its officials, agents, representatives, attorneys and/or employees,
individually and/or jointly;
C. of any and all persons, firms, corporations, insurers, government or other legal entity engaged
in the performance of the contract; and/or
D. the joint negligence of any of them, including any claim arising out of the Worker's
Compensation law or any other law, ordinance, order, or decree.
The LPA also agrees to pay all reasonable expenses and attorney's fees incurred by or imposed on
the State of Indiana, INDOT and/or its/their officials, agents, representatives, attorneys, and/or
employees, individually and/or jointly, in connection herewith in the event that the LPA shall default
under the provisions of this section.
12
The LPA also agrees to pay all reasonable expenses and attorney's fees incurred by or imposed on
the State of Indiana, INDOT and/or its/their officials, agents, representatives, attorneys, and/or
employees, individually and/or jointly, in asserting successfully a claim against the LPA for
indemnity pursuant to this contract.
6.16. Merger & Modification. This Contract constitutes the entire agreement between the PARTIES. No
understandings, agreements, or representations, oral or written, not specified withinthis Contractwill
be valid provisions of this Contract. This Contract may not be modified, supplemented or -amended,
in any manner, except by written agreement signed by all necessary PARTIES.
6.17. Non -Discrimination.
6.17.1. Pursuant to the Indiana Civil Rights Law, specifically including IC 22-9-1-10, and in
keeping with the purposes of the Civil Rights Act of 1964 as amended, the Age
Discrimination in Employment Act, and the Americans with Disabilities Act, the LPA
covenants that it shall not discriminate against any employee or applicant for employment
relating to this Contract with respect to the hire, tenure, terms, conditions or privileges of
employment or any matter directly or indirectly related to employment, because of the
employee's or applicant's race, color, national origin, religion, sex, age, disability,
ancestry, status as a veteran, or any other characteristic protected by federal, state or local
law ("Protected Characteristics"). The LPA certifies compliance with applicable federal
laws, regulations and executive orders prohibiting discrimination based on the Protected
Characteristics in the provision of services. Breach of this covenant may be regarded as a
material breach of this Contract, but nothing in this covenant shall be construed to imply
or establish an employment relationship between the State and any applicant or employee
of the LPA or any subcontractor.
6.17.2. INDOT is a recipient of federal funds, and therefore, where applicable, the LPA and any
subcontractors shall comply with requisite affirmative action requirements, including
reporting, pursuant to 41 CFR Chapter 60, as amended, and Section 202 of Executive Order
11246 as amended by Executive Order 13672.
The LPA agrees that if the LPA employs fifty (50) or more employees and does at least
$50,000.00 worth of business with the State and is not exempt, the LPA will comply with
the affirmative action reporting requirements of 41 CFR 60-1.7. The LPA shall comply
with Section 202 of executive order 11246, as amended, 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.
It is the policy of INDOT to assure full compliance with Title VI of the Civil Rights Act
of 1964, the Americans with Disabilities Act and Section 504 of the Vocational
Rehabilitation Act and related statutes and regulations in all programs and activities. Title
VI and related statutes require that no person in the United States shall on the grounds of
race, color or national origin be excluded from participation in, be denied the benefits of
or be subjected to discrimination under any program or activity receiving Federal financial
assistance.(INDOT's nondiscrimination enforcement is broader than the language ofTitle
VI and encompasses other State and Federal protections. INDOT's nondiscrimination
enforcement shall include the following additional grounds: sex, sexual orientation, gender
identity, ancestry, age, income status, religion, disability, limited English proficiency, or
status as a veteran).
13
6.17.3. During the performance of 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 inFederally-assisted programs ofthe Department ofTransportation,
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, sexual orientation,
gender identity, national origin, religion, disability, ancestry, or status as a veteran in
the selection and retention of subcontractors, including procurements of materials and
leases of equipment. The LPA shall not participate either directly or indirectly in the
discrimination prohibited by section 21.5 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 ofrace, color, sex, sexual orientation, gender identity,
national origin, religion, disability, ancestry, income status, limitedEnglish proficiency,
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 a LPA is in the exclusive
possession of another who fails or refuses furnish this information, the LPA shall so
certify to the Indiana Department of Transportation or the Federal Highway
Administration as appropriate, and shall set forth what efforts it has made to obtain the
information.
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
14
r
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
6.18. Payment. All payments (if any) shall be made thirty-five (35) days in arrears in conformance with
State fiscal policies and procedures and, as required by IC §4-13-2-14.8, the direct deposit by
electronic funds transfer to the financial institution designated by the LPA in writing unless a specific
waiver has been obtained from the Indiana Auditor of State. No payments will be made in advance
of receipt of the goods or services that are the subject of this Contract except as permitted by IC §4-
13-2-20.
6.19. 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, I.C. 34-54-8, and I.C. 34-13-1.
Notwithstanding the provisions contained in IC §5-17-5, any liability resulting from the State's failure
to make prompt payment shall be based solely on the amount offending originating from the State and
shall not be based on funding from federal or other sources.
6.20. Pollution Control Requirements. If this Contract is for $100,000 or more, the LPA:
A. Stipulates any facility to be utilized in performance under or to benefit from this Contract is not
listed on the Environmental Protection Agency (EPA) List of Violating Facilities issued pursuant
to the requirements of the Clean Air Act, as amended, and the Federal Water Pollution Control
Act, as amended;
B. Agrees to comply with all of the requirements of the Clean Air Act (including section 114) and
the Federal Water Pollution Control Act (including section308) and all regulations and guidelines
issued there under; and
C. 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.
6.21. Prohibited Telecommunications and Video Surveillance Equipment and Services.
In accordance with federal regulations (including 2 CFR 200.216 and 2 CFR 200.471), the
Contractor is prohibited from purchasing, procuring, obtaining using, or installing any
telecommunication or video surveillance equipment, services, or systems produced by:
A. Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such
entities), OR
B. Hytera Communication Corporation, Hangzhou Hikvision Digital Technology Company,
or Dahua Technology Company (or any subsidiary or affiliate of such entities),
for any purpose to fulfill its obligations under this Contract. The Contractor shall be responsible
to ensure that any subcontractor is bound by and complies with the terms of this provision. Breach
of this provision shall be considered a material breach of this Contract.
15
6.22. Severability. The invalidity of any section, subsection, clause or provision of the Contract shall not
affect the validity ofthe remaining sections, subsections, clauses or provisions of the Contract.
6.23. 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 performedunder 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, RoomN758
Indianapolis, Indiana 46204-2249
6.24. General. This Contract represents the entire understanding between the PARTIES relating to the
subject matter and supersedes any and all prior oral and/or written communications, understandings
or agreements relating to the subj ect matter. Any amendment or modification to this Contract must
be in writing and be signed by duly authorized representatives of the PARTIES (and by all necessary
approving State agencies or parties). Neither this Contract nor any portions of it may be assigned,
licensed or otherwise transferred by the LPA without the prior written consent of INDOT. This
Contract will be binding upon the PARTIES and their permitted successors or assigns. Failure of
either Party to enforce any provision of this Contract will not constitute or be construed as a waiver
of such provision or of the right to enforce such provision. All captions, section headings, paragraph
titles and similar items are provided for the purpose of reference and convenience and are not intended
to be inclusive, definitive or to affect the interpretation of this Contract. The Recitals and "Notice to
PARTIES" on page 1 of the Contract are hereby made an integral part and specifically incorporated
into this Contract.
REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
16
a
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 ofthis Contract Furthermore, if the undersigned
has knowledge that a state officer, employee, or special state appointee, as those terms are defined in
IC §4-2-6-1, has a financial interest in the Contract, the Party attests to compliance with the
disclosure requirements in IC §4-2-6-10.5.
Agreement to Use Electronic Signatures
I agree, and it is my intent, to sign this Contractby accessingState of Indiana Supplier Portal using
the secure password assigned to me and by electronically submitting this Contract to the State of
Indiana. I understand that my signing and submitting this Contract in this fashion is the legal
equivalent of having placed my handwritten signature on the submitted Contract and this
affirmation. I understand and agree that by electronically signing and submitting this Contract in
this fashion I am affirming to the truth of the information contained therein. I understand that this
Contract will not become binding on the State until it has been approved by the Department of
Administration, the State Budget Agency, and the Office of the Attorney General, which approvals
will be posted on the Active Contracts Database:
https://hr85.gmis.in.goy/psp/pa9lprd/EMPLOYEE/EMPL/h/?tab=PAPP GUEST
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.
LPA: City of Richmond Indiana Department of Transportation
By: SEE ATTACHED By:
Title: Title: D�2/ 1..aaa410
Date: Date: 171 20 f
Electronically Approved by:
Form approval has been granted by the
Department of Administration
Office of the Attorney General pursuant to
IC 4-13-2-14.3(e) on December 16, 2020
By: (for)
FA 20-94
Lesley A. Crane, Commissioner
Electronically Approved by:
Electronically Approved as to Form and Legality by:
State Budget Agency
Office of the Attorney General
By: (for)
By: (for)
Zachary Q. Jackson, Director
Curtis T. Hill Jr., Attorney General
17
SUPPLEMENTARYSIGNATURES
[LPA] City of Richmond, Indiana, by and through
its Board of Public. Works and Safety
Vicki Robinson, President
Name and Title, Printed .
Date: /e%^��
DO
Emily. Palmer, Member
Name and. Title, Printed
Date:
Matt Evans
Name and Title, Printed
Date: l —:I
— Z\
By
David M. "Snow, M yor
Name and. Titl , Prin ed
Date: eft W
ATTACHMENT A
PROJECT FUNDS
L Project Costs.
A. This contract is just for the one (1) phase checked below:
Preliminary Engineering or
X Right -of -Way or
Construction;
B. If the Program is receiving federal -aid funds for the project, the LPA is allocated the funds
through the MPO as written in their fiscally constrained TIP. Any adjustments (positive or
negative) to the dollar amount listed in the TIP, or any increase or decrease in the funding from
a prior year, authorized by the MPO that may not be reflected in the current TIP, are hereby
considered adjustments to the contract between the LPA and INDOT, as the MPO must
maintain fiscal constraint for all projects listed. Federal funds made available to the LPA by
INDOT will be used to -' pay % of the eligible Project costs. The maximum amount of
federal -aid funds allocated to the Project is dependent upon the current TIP allocation. As of
this date, , the maximum amount according to the TIP dated is $ . The most
current MPO TIP page, or MPO authorization, is uploaded into INDOT's Scheduling Project
Management System (SPMS).
OR
C. Federal -aid Funds made available to the LPA by INDOTwill be used to pay SO% of the eligible
Project costs. The maximum amount of federal funds allocated to the project is $87,065.00.
D. The LPA understands and agrees that it is INDOT's policy to only allow non -discretionary
changes to a Project scope after bidding. Changes to the Project scope after bidding that are
by the choice of the LPA and are not required to complete the Project will not be eligible for
federal -aid funds and must be funded 100% locally.
E. The LPA understands and agrees that the federal -aid funds allocated to the Project are intended
to accomplish the original scope of the Project as designed. If the Project bid prices are lower
than estimated, the LPA may not utilize those federal -aid funds and the remaining balance of
federal -aid funds will revert back to the Local Program.
F. If the Program is Group I or Group II, Section E. does not apply. If the Project bid prices are
lower than estimated, the LPA may not utilize those federal -aid funds and the remaining
balance of federal -aid funds will revert back to the MPO.
G. The remainder of the Project cost shall be borne by the LPA. For the avoidance of doubt,
INDOT shall not pay for any costs relating to the Project unless the PARTIES have agreed in
a document (which specifically references section I.D. of Attachment A of this Contract)
signed by an authorized representative of INDOT, the Indiana Department of Administration,
State Budget Agency, and the Attorney General of Indiana
H. Every project must have a project end date based uponthe reasonable timeframe for the project
phase to be completed. If a project end date lapses, the project is no longer eligible for federal
reimbursement in accordance with 2 CFR 200. See https•//www.in. gov/indot/2833.htm.
AttaclunentA, Page 1 of
I. 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 andmeet the other criteriafor allowable costs in the applicable cost principles
cited in 49 CFR 18.22;
(4) Are included in the approved budget, or amendment thereto; and
(5) Were not incurred prior to FHWA authorization.
II. Billings.
A. Billing:
1. When INDOT awards and enters into a contract (i. e., construction, utility, and/or railroad)
on behalf of the LPA, INDOT will invoice the LPA for its share of the costs. The LPA
shall pay 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.
If the LPA has not paid the full amount due within sixty (60) calendar days past the due
date, INDOT shall be authorizedto cancel all contracts relatingto this Contract, including
the contracts listed in II.A.1 of Attachment A and/or proceed in accordance with I.C. 8-
14-1-9 to compel the Auditor of the State of Indiana to make a mandatory transfer of
funds from the LPA's allocation of the Motor Vehicle Highway Account to INDOT's
account.
4. Federal funds on projects which have not been billed for a twelve (12) month period are
considered inactive and must be removed from the project in accordance with 2 CFR 200.
To receive federal funding within the twelve (12) month period, INDOT must receive a
billing within nine (9) months. See https://www.in.gov/indot/28'j3.htrn.
III. Repayment Provisions.
If for any reason, INDOT is required to repay to FHWA the sum or sums of federal funds paid to
the LPA or on behalf of the LPA under the terms of this Contract, then the LPA shall repay to
INDOT such sum or sums withinthirty (30) days after receipt of a billing from INDOT. IftheLPA
has not paid the full amount due within sixty (60) calendar days past the due date, INDOT may
proceed in accordance with I.C. 8-14-1-9 to compel the Auditor of the State of Indiana to make a
mandatory transfer of funds for the LPA's allocation of the Motor Vehicle Highway Account to
INDOT's account until the amount due has been repaid.
AttachmentA, Page 2 of