BOARD OF PUBLIC WORKS AND SAFETY CITY OF NOBLESVILLE

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1 BOARD OF PUBLIC WORKS AND SAFETY CITY OF NOBLESVILLE DATE: DECEMBER 6, 2016 PREVIOUSLY DISCUSSED ITEMS NEW ITEMS FOR DISCUSSION XXX_ MISCELLANEOUS ITEM# 18 _ SOURCE: DOCUMENTS PREPARED BY: JIM HELLMANN VERBAL: _ INFORMATION ATTACHED: XXX_ NO PAPERWORK AT TIME OF PACKETS: _ BRING PAPERWORK FROM PREVIOUS MEETING:

2 Engineering Department To: Board of Public Works & Safety From: Jim Hellmann Date: November 30, 2016 Re: Midland Trace Trail INDOT Funding Agreement (DES / EN-180) R/W Gray Road to Willowview Road Board approved an agreement with INDOT on April 29, 2014 and INDOT provided a replacement/updated contract at the September 9, 2016 Board meeting. However, I just received notice from INDOT s LPA division, that INDOT s legal/finance division stated this should have just had a supplement. See attached . Hence this request of a supplement to the original contract. I recommend the Board of Public Works and Safety approve the supplement. Your consideration is in this matter is appreciated. S:\Capital Projects\Midland Trace\500\INDOT\Memo eng-bpw Midland INDOT Contract DES docx 16 South 10th Street, STE 155, Noblesville, Indiana P: F: cityofnoblesville.org

3 Jim Hellmann From: Hudson, Cassandra L <CHudson1@indot.IN.gov> Sent: Wednesday, November 30, :50 AM To: Jim Hellmann Cc: Beck, Jennifer; Bowdell, Kim Subject: FW: supl 1 window Attachments: supl 1 window pdf Importance: High Jim, per the request of INDOT s finance and legal departments, there should have been a supplement and not a replacement contract sent to you for execution. Please be advised the replacement contract that The City of Noblesville signed is considered void, and the attached contract should be executed per instructions below. Sorry for this error. Return one (1) original executed contract to my attention for processing within six (6) weeks of receipt. Print the contract: portrait, single sided, and do not staple. Print your (Data Universal Numbering System) DUNS Number on signature page in space provided. o If you need instruction regarding your DUNS Number, please reply to this and request instructions. o If you insert your own signature page, please add a line for LPA DUNS #. Print or type the name and title of the LPA individuals signing the contract. Obtain at least two (2) handwritten signatures; no stamps will be accepted and we encourage blue ink when signing. o If not enough signature lines, the LPA may add additional lines, or attach an additional page for LPA signatures only; write see attached on a signature line on INDOT s signature page. o This is a legal document, and no changes shall be made to the contract by the LPA or their consultant. This includes writing anything on any page, other than signature page. All revisions or supplements to this contract will be created by and distributed by INDOT. Date each signature. Obtain an Attest handwritten signature; no stamps will be accepted and we encourage blue ink when signing. o US Mail or hand delivered only no ed or scanned copies accepted. o Any delay in returning the contract can affect FMIS and/or scheduled letting date. o Per the LPA Guidance Document all contracts should be fully executed by RFC. Contract will be returned to LPA if: o All signatures are NOT original o All signatures are NOT dated o Any signature is older than 30 days o DUNS Number is not listed on signature page o Writing anything on any page, other than signature page An electronic copy of the fully executed contract will be sent to your attention once it has been signed by all appropriate State of Indiana parties. o Please be advised there is no rush contract process, and INDOT may take longer than six (6) to eight (8) weeks to execute and return your copy. Please don t hesitate to contact me if you have any questions or concerns. 1 of 2

4 Thank you, Cassandra Hudson INDOT - Greenfield District LPA Program Director chudson1@indot.in.gov This and any attachments are confidential any may be protected by legal privilege. If you are not the intended recipient, be aware that any disclosure, copying, distribution, or use of this or any attachment is prohibited. If you have received this in error, please notify us immediately by returning it to the sender and delete this copy from your system. Thank you. From: Hite, Ellen (INDOT) Sent: Monday, November 28, :37 AM To: Hudson, Cassandra L <CHudson1@indot.IN.gov> Subject: supl 1 window Please have LPA execute and return original to you. You may then send me the original for further processing. Finance and legal wants these done as a supplement and not a replacement contract so the replacement contract that the LPA signed is considered void. Ellen Hite Contracts Program Director 100 N. Senate, 955N Indianapolis, IN Office: (317) ehite@indot.in.gov 2 of 2

5 Version INDIANA DEPARTMENT OF TRANSPORTATION - LOCAL PUBLIC AGENCY PROJECT COORDINATION CONTRACT SUPPLEMENT NUMBER 1 EDS No.: A CFDA #: This Supplemental Contract, is made and entered into effective as of the date of the Indiana Attorney General signature affixed to this Supplemental Contract, by and between the Indiana Department of Transportation, (hereinafter referred to as INDOT ), and the City of Noblesville, (hereinafter referred to as LPA ). WITNESSETH WHEREAS, INDOT and the LPA did, on June 4, 2014, enter into a Contract, providing for Services required in connection with INDOT Designation Number for acquisition of right of way along the Midland Trace railroad corridor for the Rails to Trails conversion project and WHEREAS, it has been determined by INDOT that a supplement of the previously executed INDOT/LPA Contract for Services is necessary due to a change in the amount of Federal aid allocated to the Project, and NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the LPA and INDOT agree as follows: The Recitals above are hereby made an integral part of and specifically incorporated into this Contract Supplement Number Section V TERM AND SCHEDULE of the original Contract is amended to read as follows: SECTION V TERM AND SCHEDULE. A. If the LPA has the plans, special provisions, and cost estimate (list of pay items, quantities, and unit prices) for the Project ready such that federal funds can be obligated (INDOT obligates the funds about 7 weeks before the date bids are opened for the construction contract), between July 1, 2016 and June 30, 2017, INDOT will make the federal funds shown in section I.A. and/or I.B. of Attachment D available for the Project, provided the Project is eligible, and provided the federal funds shown in section I.B. of Attachment D are available. B. In the event that federal funds for the Project are not obligated during the time listed in section V.A, but the LPA has the plans, special provisions, and cost estimate for the Project ready such that federal funds can be obligated between July 1, 2017 and June 30, INDOT will schedule the contract for letting, Page 1 of 3

6 Version provided the Project is eligible, and provided I.B of Attachment D are available. the federal funds shown in section C. In the event that federal funds for the Project are not obligated during the period listed in section V.A. or section V.B, 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. D. If the Program shown on Attachment A is Group I or Group II, Sections V.A, V.B and V.C 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 or within the agreed upon use of the MPO s prior year balances. 2. Attachment A of the original Contract is amended to read as follows: ATTACHMENT A PROJECT DESCRIPTION Des. No.: Program: Type of Project: Location: Group I Transportation Alternatives Bike/Pedestrian Facilities Midland Trace Trail A general description of the Project is as follows: A project for bike/pedestrian facilities for the Midland Trace Trail from Gray Road to Hazel Dell Road, in the City of Noblesville, Hamilton County, Indiana. 3. All other matters previously agreed to and set forth in the original Contract dated June 4, 2014 and not affected by this Supplement shall remain in full force and effect. The remainder of this page is intentionally left blank. Page 2 of 3

7 Version Non-Collusion The undersigned attests, subject to the penalties for perjury, that he/she is the LPA, or that he/she is the properly authorized representative, agent, member or officer of the LPA, that he/she has not, nor has any other member, employee, representative, agent or officer of the LPA, directly or indirectly, to the best of his/her knowledge, entered into or offered to enter into any combination, collusion or agreement to receive or pay, and that he/she has not received or paid, any sum of money or other consideration for the execution of this Contract other than that which appears upon the face of this Contract. In Witness Whereof, LPA and the State of Indiana have, through duly authorized representatives, entered into this Contract. The PARTIES having read and understand the forgoing terms of this Contract do by their respective signatures dated below hereby agree to the terms thereof. LPA: City of Noblesville Print or type name and title Signature and date Print or type name and title Signature and date Print or type name and title Signature and date LPA DUNS # Attest Auditor or Clerk Treasurer STATE OF INDIANA Department of Transportation Recommended for approval by: Robert D. Cales, Director Contract Administration Division Date: Executed by: Brandye Hendrickson, Commissioner Date: Department of Administration Jessica Robertson, Commissioner Date: State Budget Agency Brian E. Bailey, Director Date: (FOR) This instrument prepared by: Ellen Hite November 28, 2016 Approved as to Form and Legality: (FOR) Gregory F. Zoeller, Attorney General of Indiana Date: Page 3 of 3