The URL can be used to link to this page

Home My Public Portal AboutAddendum No. 2 to Contract No. 80-2020 - Engineering - INDOT - Bike Pedestrian Facilities on the North End of Whitewater Gorge Trail DocuSign Envelope ID:7192DB8C-450E-4C1D-AD39-9431BF2258E0 AMENDMENT#2 TO THE INDIANA DEPARTMENT OF TRANSPORTATION LOCAL PUBLIC AGENCY PROJECT COORDINATION CONTRACT EDS No.:A249-20-L200077 Des No.: 1702760 DUNS# 072050461 CFDA#:20.205 This Amendment,is made by and between the State of Indiana,acting by and through the Indiana Department of Transportation(hereinafter referred to as"INDOT"),and CITY OF RICHMOND (hereinafter referred to as the"LPA"),and jointly 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: RECITALS WHEREAS,the Parties entered into a Local Public Agency Coordination Contract under EDS A249-20- L200077 on July 8 2020,which was later amended on February 10,2021,to add additional funding for bike/pedestrian facilities(the"Contract");and WHEREAS,additional federal aid funding is needed in order to complete the project and additional federal aid funds have been allocated to the project;and WHEREAS,the Parties agree the Contract should be amended to reflect the new federal aid funds allocated to the project in the amount of$1,199,945.60;and WHEREAS,the Parties wish to substitute Attachment D-2,which includes the additional funding for all phases of the project,for Attachment D-1; NOW,THEREFORE,in consideration of the mutual covenants and promises herein contained,the LPA and INDOT agree as follows: 1. Attachment D-1 of the Contract is deleted in its entirety and is hereby substituted with Attachment D-2. 2. All other matters previously agreed to and set forth in the original Contract and not affected by this Amendment shall remain in full force and effect. THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK NOGs Ai Page L a6/ �.��r ift Page 1 of 3 ,�� "e -2° 2-1 DocuSign Envelope ID:7192DB8C-450E-4C1D-AD39-9431BF2258E0 Non-Collusion and Acceptance The undersigned attests,subject to the penalties for perjury,that he/she is the.LPA,or that he/she is the properly authorized representative,agent,member or officer of the LPA,that he/she has not,nor - has any other member,employee,representative,agent or officer of the LPA,directly or indirectly, to the best of his/her knowledge,entered into or offered to enter into any combination,collusion or agreement to receive or pay,and that he/she has not received or paid,any sum of money or other consideration for the execution of this Contract other than that which appears upon the face of this Contract. 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 Contractor 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 Contract by accessing State of Indiana Supplier Portal using the secure password assigned to,me and by electronically submitting this Contract to the State of Indiana. I understand 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://fs.gmis.in.gov/psp/guest/SUPPLIER/ERP/c/SOI CUSTOM APPS.SOI PUBLIC CNTR CTS.GBL In Witness Whereof,the LPA and the State have,through their duly authorized representatives, entered into this Contract. The parties,having read and understood the foregoing terms of this Contract,do by their respective signatures dated below agree to the terms thereof. CIALIE,AVIIVIOND Indianalltu $lment of Transportation By: V M.I-. SIAbW By: ` bin,-146.ip� — OO OO �0E7313F886A10441... `-BC7308F386E24E1... Title: Mayor Title: Di rector, Local Programs Date: �/2s4i ee y/2�21 I 12:51 EDT Date: 3/24/2021 I 09:57 PDT cu By: w!L11 PA W '-1B0A84715F834F9... Title: controller Date: 3/24/2021 I 12:55 EDT Page 2 of 3 DocuSign Envelope ID:7192DB8C-450E-4C1 D-AD39-9431 BF2258E0 Electronically Approved by: Department of Administration By: (for) Lesley A.Crane,Commissioner Electronically Approved Electronically Approved as to Fonn and Legality by: by: Office of the Attorney General State Budget Agency By: (for) By: (for) Theodore E.Rokita,Attorney General of Indiana Zachary Q.Jackson,Director Page 3 of 3 DocuSign Envelope ID:7192DB8C-450E-4C1D-AD39-9431BF2258E0 ATTACHMENT D-2 PROJECT FUNDS I. Project Costs. A. This contract is just for the one(1)phase checked below: Preliminary Engineering or Right-of-Way or X Construction; Otherwise,this contract covers all phases. B. If the Program shown on Attachment A 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 INDOT will be used to pay 80%of the eligible Project costs. The maximum amount of federal funds allocated to the project is S71.270.06 Earmark funds and S1.128.675.54 Local Transportation Alternative funds. 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 shown on Attachment A is Group I or Group H, 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 • Page 1 of 2 DocuSign Envelope ID:7192DB8C-450E-4C1 D-AD39-9431 BF2258E0 have agreed in a document (which specifically references section I.D. of Attachment D of this contract) signed by an authorized representative of INDOT, the Indiana Department of Administration, State Budget Agency, and the Attorney General of Indiana. H. Costs will be eligible for FHWA participation provided that the costs: (1) Are for work performed for activities eligible under the section of title 23, U.S.C., applicable to the class of funds used for the activities; (2) Are verifiable from INDOT's or the LPA's records; (3) Are necessary and reasonable for proper and efficient accomplishment of project objectives and meet the other criteria for allowable costs in the applicable cost principles cited in 49 CFR section 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. 3. If the LPA has not paid the full amount due within sixty (60) calendar days past the due date, INDOT shall be authorized to cancel all contracts relating to this Contract, including the contracts listed in II.A.1 of Attachment D and/or proceed in accordance with I.C. 8-14-1-9 to compel the Auditor of the State of Indiana to make a mandatory transfer of funds from the LPA's allocation of the Motor Vehicle Highway Account to INDOT's account. III. Repayment Provisions. If for any reason,1NDOT 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 within thirty (30) days after receipt of a billing from INDOT. If the LPA has not paid the full amount due within sixty (60) calendar days past the due date, INDOT may proceed in accordance with 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. Page 2 of 2 . • Agency Fiscal ApproVal STR4D1000000006000b000006049371:Akaroved cDYieveMide Comments Agency Fiscal Approval Approved . Justin Sergent- 00800 ,▪ 2721-14771F_rs2ca015Apiaviro IV1 val for SC COrrimetit HittOry !DOA Approval v sTir46-con6nOijo00000000049371 :APproved (DVIevV71-lide Comments [DOA Legal Approval Approved , Tarnmer8 J. Glickrhan se 1Zi _4 ega12.tspo rui PM vat far sc 003 Comment History SBA Approval STINW.00000000p0.9000-90p0Q.049371;Approved qD.V i Owl-1 d e Comments SBA Approval Approved Sharp,Cara-00057 3• 113,.43,V i-ls9t-diffiv al for 5GM Comment Fil6tory Attorney General Approval sTEN0i0p000009090Q009Q000049371:Approved Attorney General APprOval Approved. Ap_proved Dawnita R kilatone H Anthony tv3rprzAppr SCIM 41 Inserted Alr:62%71„ (1 Comment History _ _