HomeMy WebLinkAboutOhio River GreenwayAGREEMENT
This agreement is made and entered into
by and between the State of Indiana, acting by and through the Indiana Department of
Transportation ("IN-DOT') and the City of Jeffersonville ("CITY").
2oo ,
WHEREAS, plans and specifications have been prepared for this project by the U.S.
Army Corps of Engineers;
WltEREAS, the U.S. Army Corps of Engineers is providing funding for the project;
WltEREAS, the U.S. Army Corps of Engineers will provide project management for
the project;
WHEREAS, INDOT will recommend approval of this project to the Federal Highway
Administration for construction with enhancement funds apportioned to INDOT as found in Title
23, United States Code;
WltEREAS, the enhancement funds will provide the matching share to the funds
provided bythe Army Corp of Engineers;
WREREAS, the enhancement funding program does allow "advance payment" for start
up cost;
WHEREAS, the right of way for the project is of sufficient width to mect approved
design standards for the project; and
WNW~REAS, through the cooperation of the CITY, INDOT and the Federal Highway
Administration, the following designated project has been approved by the Federal Highway
Administration and is ready for letting by the U.S. Army Corps of Engineers.
Proiect No. STP- BIKE (050)
Des. No. 0500611
Description: Enhancement of the Ohio River Greenwa¥ (Restaurant Row Segment)
fi'om the l~nned¥ Bridge to near Pearl Street.
Now therefore, in comidemfion of the mutual covenants, hereIn contained, the CITY and
IN-DOT mutually covenant and agree as follows:
The maximum amount of federal funds pmvlded to the CITY for the matching share of
the cost shall be $1,000,000 . The total amount of the entire cost of the project
($2,700,000 estimated). The U.S. Corps of Enginecrs and the CITY will provide the
remalnlug funds that are required.
2. This amount is advance payment" for start up cost.
3. The final project costs and matching cost will be determined upon completion of the
construction. The final project cost shall be based on unit prices and final quantities.
4. Upon completion of the construction and prior to final settlement of the project ensts
pursuant to this project, a final book audit of the project costs shall be done by INDOT.
5. Non-Diser~mlnation. Pursnsnt to I.C. 22-9-1-10 and thc Civil Rights Act of 1964, the
CITY and its agents and subcontractors, if any, shall not discriminate against any
employee or applicant for employment, to bc employed in the performance of the work
under this Agreement, with respect to hire, tenure, terms, conditions or privileges of
employment or any matter directly or in 'dtrecfly 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 Agreement. Acceptance of this Agreement also
signifies compliance with applicable Federal laws, regulations and Executive Orders
prohibiting discrimination in the provision of services based on sex, disability or status as
a veteran.
Thc CITY understands that IHDOT is a recipient of federal funds. Purs,~nt to that
undersianding, the CITY agrees that if the CITY employs fifty (50) or more amployees
and do~s at least $$0,000.00 worth of business with the State and is not exempt, the
CITY will comply with the affirmative action reporting requirements of 41 CFR 60-1.7.
The CITY 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.
6. Modification/Entire Agreement This Agreement may be amended from time to time
hereaiter only in writing executed by the parties 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. The provisions hereof
constitute the entire agreement between the parties end supersede any verbal statement,
representations, or warranties, stated, or implied.
Governing Laws. This Agreement 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.
8. Maintaining a Drug-Free Workplace, Executive Order #90-5. The CITY hereby
covenants and agrees to make a good faith effort to provide and maintain a drug-free
workplace. The CITY will give written notice to ]I~DOT within tan (10) days after
receiving actual notice that an employee has bean convicted of a criminal drug violation
occurring in the CITY's workplace within the state of Indiana.
False certification or violation of ~ certification may result in sanctions including, but not
limited to, suspension of contract payments, termination of the contract or agreement
and/or debarmant of contracting oppo~mities with the CITY for up to th~ (3) years.
In addition to the provisions of the above paragraphs, if the total amount set forth in this
Agreement is in excess of $25,000.00, the CITY' hereby further agrees that this Agreement
is expressly subject to the terms, conditions and repr~antations of the following
certification:
pursuant to Executive Order No. 90-5, April 12, 1990, issuad by Governor of Indiana, the
Indiana Department of Administration requu'es the lnclns~on of this ce~ficatton tn all
Agreements with and grants from the State of Indiana in excess of $25,000.00. No award
of an Agreement shall be made, the total amount of which exceeds $25,000.00, shall be
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valid unless and until this certification has been fully executed by the CITY and attached to
thc Agrecunent as part of the Agreement documents. False certification or violation of the
certification may re, suit in sanctions including, but not limited to, suspension of the
Agreement payments, t~ruination of the Agreement and/or debarment of conWacting
opportunities with the State for up to tkree (3) years.
The CITY certifies and agrees that it will provide a drug-free workplace by:
A. Publishing and providing to all of its employees w/~'*hln the state of Indiana a
statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession or use of a controlled substance is prohibited in the CTrY's
workplace within the state of Indiana and specifying the actions that will be taken
against employees for violations of such prohibition;
B. Establishing a drug-free awareness program to inform employees about (1) the
dangers of drug abuse in the workplace; (2) the CITY'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 subparagratvh (A) above that as a
condition of continued employment, the employee will (1) abide by the terms of the
statement; and (2) notify the employer of any criminal drug statute conviction for a
violation oecurring in the workplace no later than five (5) days aider such conviction;
D. Notifying in writing the Indiana Department of Transportation and the Indiana
Depa~ent of Administration within ten (10) days atter receiving notice from an
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employee under subdivision (C) (2) above or otherwise receiving actual notice of
such conviction;
E. Within thirty (30) days after receiving notice under subdivision (C) (2) above of a
conviction, impo. sing tho following sanctions or remedial measures on any =asoloyee
who is convicted of drag abuse violations occurring in the workplace: (1) take
appropriate personnel action against the employee, up to and including terminafon;
or (2) require 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-f~e workplace through the
implementation of subparagraphs (A) through (E) above.
9. Subsequent Acts. The parties agree that they will, at any time and t~om time to time,
ti~m and aider the execution of this Agreement, upon request, perform or cause to be
performed such acts, and execute, acknowledge and 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 Agreement.
10. Funding Cancellation. When the Director of the State Budget Agency makes a written
determination that funds arc not appropriated or otherwise available to support
continuation of this Agreement, the Agreement shall be canceled. A determination by the
Budget Director that funds are not appropriated or other,vise available to support
continuation of performance shall be final and conclusive.
11. Non-Waiver. No delay or failure by either party to exercise any right 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 heroin.
12. Headings. Headings in this Agreement are for convenience only and shall not be used to
interpret or construe its provisions.
13. Assignment. This Agreement shall be binding upon and inure to the benefits of the
parties, their legal representatives, successors and assigns, provided, however, because
this Agreement is personal to each of the parties hereto, no party may ~ell assign,
delegate, or transfer this Agreement or any portion thereof, including, without limitation,
any rights, title, interests, remedies, powers, and/or duties hereunder without the express
written consent of the other party.
14, Severabi~ty. Wherever possible, each provision of this Agreement shall be interpreted
in such m~nner as to be effective and valid under applicable law, but if any provision of
this Agreement shall be prohibited by or invalid under applicable law, such provision
shall be ineffective only to the extent of such prohibition or invalidity, without
invalidating the remainder of such provision or the remaining provisions of this
Agreement.
15. Attorney General Approval, This Agreement shall not be effective unless and until
approved by the Attorney General of Indiana, or an authorized representative, as to form
and legality.
16. Authorizations. Any person executing this Agreement in a representative capacity
hereby warrants that he/she has been duly authorized by his/her principal to execute this
Agreement on such principal's behalf.
17. Force Majeure, Suspension and Termination. In the event that any party is unable to
perform any of its obligations under this Agreement or to enjoy any of its benefits
because of natural disaster, actions or decrees of governmental bodies or communication
liue failure not the fault of the o.ffeeted party (hereinafter referred to as a "Force Majeure
Evenf'), the party who has been so affected shall immediately give notice to the other
parties and shall do everything poss~le to resume performance. Upon receipt of such
notice, all obilgations under this Agreement shall be immediately suspended. If the
period of nonperformance exceeds thirty (30) days from the receipt ofnotien of the Force
Majeure Event, the party whose ability to perform has not been so affected may be given
written notice to terminate this Agreement.
18. Substantial Performance. This Agreement shall be deemed to have been substantially
performed only when fully performed according to its terms and conditions and any
modification thereof.
19. General Liability Provisinus. The CITY or its agents shall indenmify, defend,
exculpate, and hold harmless INDOT, its officials and employees from any liability due
to loss, damage, injuries, or other casualties of whatever kind, or by whomsoever caused,
to the person or property of anyone on or off the fight-of-way arising out of, or resulting
from the work covered by th/s Agreement or the work connected therewith, or from the
instalhtion, existence, use, maintenance, condition, mpa/rs, alteration or removal of any
equipment or material, whether due in whole or in pa~ to the negl/gent acts or om/ssions
of IN'DOT, its officials or employees, the CITY, its agents, employees or other persons
engaged in the performance of the work, including any claims arising out of the Workers'
Compensation Act or my other law, ordinance, order, or decree. The CITY and its
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agents further a§ree to pay all reasonable expenses and attomcys' fees incurred by or
imposed on INDOT in connection herewith in the event that the CITY or its agents shall
default under the provisions of this Section.
10. Debarment and Suspension. The CITY certifies, by entaing into this agreement, that
neither it nor its principals are presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from entering into this a/~-oement by any
federal agency or d~partment, agency or political subdivision of the State of Indiana. The
term "principal" for purposes of this agreement is defined as an officer, director, owner,
partner, key employee, or other person with primary management or supervisory
responsibilities, or a person who has a critical influence nn or substantive contwl over the
operations of the CITY.
21. Conflict of Interest.
As used in this section:
A. "Immediate family" means the spouse and the unemancipated children of
B. "Interested party," means:
I. The individual executing this Contract;
2. An individual who has an interest of throe percent (3%) or more of
City, if City is not an individual; or
3. Any member of the immediate family of an individual specified under
subdivision 1 or 2.
C. "Commission" means the State Ethics Commission.
22.
D. INDOT may cancel this Contract without recourse by City if any
interested party is an employee of thc State of Indiana.
E. INDOT will not exercise itl fight of cancellation under section B above if
City gives INDOT an opinion by the Commission indicating that the existence of
this contract and tho employment by the State of Indiana of the interested party
does not violate any statute or code relating to ethical conduct of state employees.
F. INDOT may take action, including cancellation of this Contract consistent
with an opinion of the Commission obtained under this section.
G. City has an affirmative obligation under this Contract to disclose to
IN-DOT when an interested party is or becomes an employee of the State of
Indiana. The obligation under this section extends only to those facts that City
knows or reasonably could know.
Non-~olluslon 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 conlracting 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 stun of money or other
consideration for the execution of this agreement other than that which appears upon the
face of the agreement.
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23. Ethics. The LPA and its agents shall abide by all ethical requirements that apply te
persons who have a business relationship with the State, as set forth in Indiana Code §
4-2-6 et seq., the regulations promulgated thereunder, and Executive Order 04-08, dated
April 27, 2004. If the LPA is not familiar with these ethical requirements, the LPA
should refer any questions to the Indiana State Ethics Commission, or visit the Indiana
State Ethics Commission website at <http://www.in. govlethies/>. If the LPA orits
agents violate any applicable ethical standards, the State may, in its sole discretion,
terminate this eunm~et immediately upon notice to the contractor. In addition, the LPA
maybe subject to penalties under Indiana Code § 4-24-12.
24. Compliance with Telephone Solicitations Act
As required by IC 5-22-3-7:
(1) the Contractor and any principals of the Contractor certify that
(A) the Contraeter, except for de aginirrtis and nonsystematie
violations, has not violated the ~,s of
( i ) lC 24-4.7 [Telephone Solicitation of Consumers],
( ii ) IC 24-5-12 [Telephone Solicitations], or
( iii ) lC 24-5-14 [Regulation of Automatic Dialing Machines]
in the previous three hundred sixty-five (365) days,
even ifIC 24-4.7 is preempted by federal law; and
(B) the Contractor will not violate the terms of lC 24-4.7 for
the duration of the Contract, even if lC 24-4.7 is
preempted by federal law.
2. The Contractor and any principals of the ConWaetor certify that
an affiliate or principal of the Contntetor and any agent acting
on behalf of the Contractor or on behalf of an affiliate or
principal of the Contrector:
(A) except for de r~inimis and nonsystemafic violatious, has not
violated the terms of 244.7 in the previous three
hundred sixty-five (365) days, even ifIC 24-4.7 is
preempted by federal law; and
(B) will not violate the terms of IC 244.7 for the duration of
the Contract, even if IC 244.7 is preempted by federal
law.
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IN WITNESS THEREOF, the parties hereto have ex~uted this Agreement.
CITY OF/~
Signat~e ~
,beA
Printed Name
qVILLE
Signature
Printed Name
INDIANA DEPAKT1V[ENT OF
TRANSPORATION
Recomme.n4ed for Approval
· Deputy~ommissioner,
Executed By:/,///
Ap. proved:
Earle Goode, Cd0a~missioner
Dep~,U,ient of Administration
Date: 19-~ 15.c~
Signature
Printed Name
ATTEST:
Signature
Printed Name
Charle~c~alliol, D~rector
State Budget Agency
Approved as to Form and Legality:
Steve Carter
Attorney General of Indiana
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ACKNOWLEDGMENT
STATE OF INDIANA )
) SS:
~ COUNTY )
Before me, the undersigned Nota~. Public in and for said County personally appeared
CName o~i~n~'s, their omeial capacity aha agency name)
~d ~CUtiun of the foregoing tgreelent on t '
Witness my han~iind seal the said last named date.
My Commission Expires
County of Residence
Notary Public ~ .
Typed or Printed Nang
ACKNOWLEDGMENT
STATE OF INDIANA )
) SS:
MARION COUNTY )
Before me, the undersigned Notary Public in and for said County personally appeared
Transportation, and acknowledged the execution of the foregoing Agreement on this
Wilnesa my hand and seal the said last named date.
My Commission Expires
County of Residence
Typed or Printed Name
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The following clause is added as an additions1 contract term to EDS#
between
Agency:
and
Printed Name: fl~.O~vJc L.. ~z_,
Contractor: 5 4' .15{ ta I1~_
Initials
Payments
All payments shall be made in arrears in conformance with State fiscal
policies and procedures and, as required by IC 4-13-2-14.8, by electronic
funds transfer to the financial institution designated by the Contractor in
writin~ unless a specific waiver has been obtained fxom the 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.
H~Y-23-2003 FRI 08:41 AM INDOT F~ NO, 317 233 4929
INDIANA DEPARTMENT OF TRANSPORTATION
LPA CLAIM VOUCHER
sta~ F~ 4oa4o (R?m. o2) A~mved ~y ma~ ec~ Xc~u~ ~Y t, 2002 -SERVICE DATE:
· Thb en ia requc~ttJn diecl~ute of ur Sc~al Security numl:
........... NDOR INFO MATRON ....
~MBER _- ' Date (MM,DO#Y)
Clatksville Board of Public Works
Broadway
Clarksville IN 47129
c~rY STATE ZIP
P, 02
r ia a~°~ance ~ "C' 4'A~ NFORMA' ION
INDOT
· G NCYNUMBI~R 80"
~MBER
0
0 35600098002
vENDOR
O
TOTAL i ',oO DOC I.D.: PV 800
NUMBER pRIY AMOUNT
NUMBER
LINE NO.
t~ NO. STP-gglO(2a) --
for Bike/pad Trail alon~ the O~o ~ Gmen~
· k tn Cle~ffe m ~ ~t by ~ US ~ ~
From '0~ To
so.o~.
S0.0P
10t01/04
,~ ~ ~oo.oo% $500,000,~
{Month, Day, Yam') _ ~
APPROVED BY THE STATE BOARD OF ACCOUNTS FOR THE CITY OF JEFFERSONVILLE-
RECEIPT
CITY OF JEFFERSONVILLE
50t E COURT
JEFFERSONVlLLE IN 47130
TELEPHON E:812-285-6422
FAX: 8t 2-285-6426
Date: 031t4/2006
Received From: LM
Fund Object Bank Title
Description
444 370.000 0 GREENWAY PROJECT BR 444650370
Form 203AI2171311
Receipt No: 9649
Time: 10:00:51
Payment
Type Amount
Check 1900090.00
***Total ***
t000000.00
PEGGY WILDER
CLERK-TREASURER