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HomeMy WebLinkAboutResolution BPW 04-19-23-01/Beam, Longest & Neff, LLC/$2,160/560 3rd Ave SW - Buyer's AgentRESOLUTION NO. BPW 04-19-23-01 RESOLUTION OF THE CITY OF CARMEL BOARD OF PUBLIC WORKS AND SAFETY ACKNOWLEDGING AGREEMENT BETWEEN CITY AND VENDOR WHEREAS, pursuant to Indiana Code 36-1-4-7, the City of Carmel, Indiana (“City”), is authorized to enter into contracts; and WHEREAS, pursuant to Indiana Code 36-4-5-3, the City’smayor may enter into contracts on behalf ofthe City; and WHEREAS, pursuant to his authority under Indiana law, the City’smayor, the Honorable James C. Brainard, has caused to be signed the Agreement attached hereto (the “Contract”); and WHEREAS, Mayor Brainard now wishes to present the contract to the City’sBoard of Public Works and Safety for it to be publicly acknowledged, filed in the Clerk’sOffice, and made available to the public for review. NOW, THEREFORE, BE IT RESOLVED by the City of Carmel Board of Public Works and Safety as follows: 1. The foregoing Recitals are incorporated herein by this reference. 2. The receipt of the Contract is hereby acknowledged. 3. The Contract shall be promptly filed in the office of the Clerk and thereafter made available to the public for review. SO RESOLVED this day of , 2023. CITY OF CARMEL, INDIANA By and through its Board of Public Works and Safety BY: James Brainard, Presiding Officer Date: Mary Ann Burke, Member Date: Lori S. Watson, Member Date: ATTEST: Sue Wolfgang, Clerk Date: S:\\EBass\\MyDocuments\\BPW-Resolutions\\2023\\Acknowledge Agreement Beam, Longest & Neff.docx4/6/20239:10AM DocuSign Envelope ID: A05EB794-4E8D-4CBB-BD32-DEE1134F9112 April 4/19/2023 4/19/2023 19th 4/19/2023 4/19/2023 CzTfshfzHsfdivlijobu22;65bn-Bqs14-3134 DocuSign Envelope ID: A05EB794-4E8D-4CBB-BD32-DEE1134F9112 Beam, Longest & Neff, LLC Engineering Department - 2023 Appropriation #2200 0 44-628.71 2020 Road Bond Fund; P.O.#108624 Contract Not To Exceed $2,160.00 rd5603 Avenue SW; Parcel #6 George - Seidensticker – Buyer’s Agent SECTION 3 CITY'S RESPONSIBILITIES 3.1 City shall provide such information as is reasonably necessary for Professional to understand the Services requested. 3.2 City shall provide all data required for provision of Services. Professional may assume that all data so provided is correct and complete. 3.3. City shall arrange for Professional to enter upon public and private property as reasonably required for Professional to perform the Services. 3.4 City shall designate payment of the Services from City budget appropriation number 2200 0 44-628.71 2020 Road Bond funds. 3.5 City shall designate the Mayor or his duly authorized representative to act on City’s behalf on all matters regarding the Services. SECTION 4 PROFESSIONAL'S RESPONSIBILITIES 4.1 Professional shall perform the Services pursuant to the terms of this Agreement and within any applicable time and cost estimate. 4.2 Professional shall coordinate with City its performance of the Services. 4.3 Professional shall provide the Services by following and applying at all times reasonable and lawful standards as accepted in the industry. SECTION 5 COMPENSATION 5.1 Professional estimates that the total price for the Services to be provided to City hereunder shall be no more than Two Thousand One Hundred Sixty Dollars ($2,160.00) (the “Estimate”). Professional shall submit an invoice to City no more than once every thirty (30) days for Services provided City during the time period encompassed by such invoice. Invoices shall be submitted on a form containing the same information as that contained on the Professional Services Invoice attached hereto as Exhibit B, incorporated herein by this reference. City shall pay Professional for all undisputed Services rendered and stated on such invoice within thirty five (35) days from the date of City’s receipt of same. 5.2 Professional agrees not to provide any Services to City that would cause the total cost of same to exceed the Estimate, without City’s prior written consent. S:\\Contracts\\Departments\\ENG\\2023\\Beam, Longest & Neff, Inc. Professional Services.docx:3/23/2023 1:36 PM\] 2 DocuSign Envelope ID: A05EB794-4E8D-4CBB-BD32-DEE1134F9112 Beam, Longest & Neff, LLC Engineering Department - 2023 Appropriation #2200 0 44-628.71 2020 Road Bond Fund; P.O.#108624 Contract Not To Exceed $2,160.00 rd5603 Avenue SW; Parcel #6 George - Seidensticker – Buyer’s Agent SECTION 6 TERM Unless otherwise terminated in accordance with the termination provisions set forth inSection 7.1 hereinbelow, this Agreement shall be in effect from the Effective Date through December 31, 2023, and shall, on the first day of each January thereafter, automatically renew for a period of one (1) calendar year, unless otherwise agreed by the parties hereto. SECTION 7 MISCELLANEOUS 7.1 Termination 7.1.1 The obligation to provide all or any portion of the Services under this Agreement may be terminated by City or Professional, without cause, upon thirty (30) days’ notice. 7.1.2 The obligation to provide all or any portion of the Services under this Agreement may be terminated by City, for cause, immediately upon Professional’s receipt of City’s “Notice to Cease Services.” 7.1.3 In the event of full or partial Agreement termination, and as full and complete compensation hereunder, Professional shall be paid for all such Services rendered and expenses incurred as of the date of termination that are not in dispute, except that such payment amount shall not exceed the Estimate. Disputed compensation amounts shall be resolved as allowed by law. 7.2 Binding Effect City and Professional, and their respective officers, officials, agents, partners and successors in interest are bound to the other as to all Agreement terms, conditions and obligations. 7.3 No Third Party Beneficiaries Nothing contained herein shall be construed to give rights or benefits to anyone other than the parties hereto. 7.4 Relationship The relationship of the parties hereto shall be as provided for in this Agreement, and neither Professional nor any of its agents, employees or contractors are City employees. Professional shall have the sole responsibility to pay to or for its agents, employees and contractors all statutory, contractual and other benefits and/or obligations as they become due. Professional hereby warrants and indemnifies City for and from any and all costs, fees, expenses and/or damages incurred by City as a result of any claim for wages, benefits or otherwise by any agent, employee or contractor of Professional regarding or related to the subject matter of this Agreement. This indemnification obligation shall survive the termination of this Agreement. S:\\Contracts\\Departments\\ENG\\2023\\Beam, Longest & Neff, Inc. Professional Services.docx:3/23/2023 1:36 PM\] 3 DocuSign Envelope ID: A05EB794-4E8D-4CBB-BD32-DEE1134F9112 Beam, Longest & Neff, LLC Engineering Department - 2023 Appropriation #2200 0 44-628.71 2020 Road Bond Fund; P.O.#108624 Contract Not To Exceed $2,160.00 rd5603 Avenue SW; Parcel #6 George - Seidensticker – Buyer’s Agent 7.5 Insurance 7.5.1 Professional shall, as a condition precedent to this Agreement, purchase and thereafter maintain such insurance as will protect it and City from the claims set forth below which may arise out of or result from Professional's operations under this Agreement, whether such operations be by Professional or by its subcontractors or by anyone directly or indirectly employed by any of them, or by anyone directly for whose acts any of them may be liable: 1) Claims under Worker's Compensation and Occupational Disease Acts, and any other employee benefits acts applicable to the performance of the work; 2) Claims for damages because of bodily injury and personal injury, including death, and; 3) Claims for damages to property. Professional's insurance shall be not less than the amounts shown below: A. Commercial General Liability (Occurrence Basis) Bodily Injury, personal injury, property damage, Contractual liability, product/completed operations Each Occurrence Limit $1,000,000.00 Damage to Rented Premises $100,000.00 each occurrence) Medical Expense Limit $5,000.00 Personal and Advertising Injury Limit $500,000.00 General Aggregate Limit $2,000,000.00 (Other than Products Completed Operations) NOTE: GENERAL AGGREGATE TO APPLY PER PROJECT Products/Completed Operations $1,000,000.00 B. Auto Liability $1,000,000.00 (combined single limit) (owned, hired & non-owned) Bodily injury & property damage $1,000,000.00 each accident S:\\Contracts\\Departments\\ENG\\2023\\Beam, Longest & Neff, Inc. Professional Services.docx:3/23/2023 1:36 PM\] 4 DocuSign Envelope ID: A05EB794-4E8D-4CBB-BD32-DEE1134F9112 Beam, Longest & Neff, LLC Engineering Department - 2023 Appropriation #2200 0 44-628.71 2020 Road Bond Fund; P.O.#108624 Contract Not To Exceed $2,160.00 rd5603 Avenue SW; Parcel #6 George - Seidensticker – Buyer’s Agent C. Excess/Umbrella Liability $2,000,000 (each occurrence and aggregate) D. Worker's Compensation & Disability Statutory E. Employer’s Liability: Bodily Injury by Accident/Disease: $100,000 each employee Bodily Injury by Accident/Disease: $250,000 each accident Bodily Injury by Accident/Disease: $500,000 policy limit F. Professional Liability Insurance. The Professional shall carry and maintain during the continuance of this Agreement, professional liability insurance in the amount of 2,000,000 for single limit claims and $3,000,000 in the aggregate. The Professional's policy of insurance shall contain prior acts coverage sufficient to cover all Services performed by the Professional for this Project. Upon City's request, Professional shall give prompt written notice to City of any and all claims made against this policy during the period in which this policy is required to be maintained pursuant to this Agreement. If the insurance is written on a claims-made basis and coverage is cancelled at any time, the Professional will obtain, at its cost, an extended reporting endorsement which provides continuing coverage for claims based upon alleged acts or omissions during the term of the Agreement until all applicable statute of limitation periods have expired. 7.5.2 Professional shall provide the City with a certificate of insurance, naming the City as an additional insured," showing such coverage then in force (but not less than the amount shown above) shall be filed with City prior to commencement of any work. These certificates shall contain a provision that the policies and the coverage afforded will not be canceled until at least thirty (30) days after written notice has been given to City. 7.5.3 Professional may, with the prior approval of the City, substitute different types of coverage for those specified if the total amount of required protection is not reduced. Professional shall be responsible for all deductibles. 7.5.4Nothing in the above provisions shall operate as or be construed as limiting the amount of liability of Professional to the above enumerated amounts. 7.6 Liens Professional shall not cause or permit the filing of any lien on any of City’s property. In the event such a lien is filed and Professional fails to remove it within ten (10) days after the date of filing, City shall have the right to pay or bond over such lien at Professional’s sole cost and expense. S:\\Contracts\\Departments\\ENG\\2023\\Beam, Longest & Neff, Inc. Professional Services.docx:3/23/2023 1:36 PM\] 5 DocuSign Envelope ID: A05EB794-4E8D-4CBB-BD32-DEE1134F9112 Beam, Longest & Neff, LLC Engineering Department - 2023 Appropriation #2200 0 44-628.71 2020 Road Bond Fund; P.O.#108624 Contract Not To Exceed $2,160.00 rd5603 Avenue SW; Parcel #6 George - Seidensticker – Buyer’s Agent 7.7 Default In the event Professional: (a) repudiates, breaches or defaults under any of the terms or conditions of this Agreement, including Professional’s warranties; (b) fails to perform the Services as specified; (c) fails to make progress so as to endanger timely and proper completion of the Services and does not correct such failure or breach within five (5) business days after receipt of notice from City specifying same; or (d) becomes insolvent, files, or has filed against it, a petition for receivership, makes a general assignment for the benefit of creditors or dissolves, each such event constituting an event of default hereunder, City shall have the right to terminate all or any part of this Agreement, without liability to Professional and to exercise any other rights or remedies available to it at law or in equity. 7.8 Government Compliance Professional agrees to comply with all laws, executive orders, rules and regulations applicable to Professional’s performance of its obligations under this Agreement, all relevant provisions of which being hereby incorporated herein by this reference, to keep all of Professionals’ required professional licenses and certifications valid and current, and to indemnify and hold harmless City from any and all losses, damages, costs, liabilities, damages, costs and attorney fees resulting from any failure by Professional to do so. This indemnification obligation shall survive the termination of this Agreement. 7.9 Indemnification Professional shall indemnify and hold harmless City and its officers, officials, employees and agents from all losses, liabilities, claims, judgments and liens, including, but not limited to, all damages, costs, expenses and attorney fees arising out of any intentional or negligent act or omission of Professional and/or any of its employees, agents or contractors in the performance of this Agreement. This indemnification obligation shall survive the termination of this Agreement. 7.10 Discrimination Prohibition Professional represents and warrants that it and each of its employees, agents and contractors shall comply with all existing and future laws prohibiting discrimination against any employee, applicant for employment and/or other person in the subcontracting of work and/or in the performance of any Services contemplated by this Agreement with respect to hire, tenure, terms, conditions or privileges of employment or any matter directly or indirectly related to employment, subcontracting or work performance hereunder because of race, religion, color, sex, handicap, national origin, ancestry, age, disabled veteran status or Vietnam era veteran status. This indemnification obligation shall survive the termination of this Agreement. S:\\Contracts\\Departments\\ENG\\2023\\Beam, Longest & Neff, Inc. Professional Services.docx:3/23/2023 1:36 PM\] 6 DocuSign Envelope ID: A05EB794-4E8D-4CBB-BD32-DEE1134F9112 Beam, Longest & Neff, LLC Engineering Department - 2023 Appropriation #2200 0 44-628.71 2020 Road Bond Fund; P.O.#108624 Contract Not To Exceed $2,160.00 rd5603 Avenue SW; Parcel #6 George - Seidensticker – Buyer’s Agent 7.11 E-Verify Pursuant to I.C. § 22-5-1.7 et seq., Professional shall enroll in and verify the work eligibility status of all of its newly-hired employees using the E-Verify program, if it has not already done so as of the date of this Agreement. Professional is further required to execute the attached Affidavit, herein referred to as Exhibit C, which is an Affidavit affirming that: (i) Professional is enrolled and is participating in the E-Verify program, and ii) Professional does not knowingly employ any unauthorized aliens. This Addendum incorporates by reference, and in its entirety, attached Exhibit C. In support of the Affidavit, Professional shall provide the City with documentation that it has enrolled and is participating in the E-Verify program. This Agreement shall not take effect until said Affidavit is signed by Professional and delivered to the City’s authorized representative. Should Professional subcontract for the performance of any work under this Addendum, the Professional shall require any subcontractor(s) to certify by affidavit that: (i) the subcontractor does not knowingly employ or contract with any unauthorized aliens, and (ii) the subcontractor has enrolled and is participating in the E-Verify program. Professional shall maintain a copy of such certification for the duration of the term of any subcontract. Professional shall also deliver a copy of the certification to the City within seven 7) days of the effective date of the subcontract. If Professional, or any subcontractor of Professional, knowingly employs or contracts with any unauthorized aliens, or retains an employee or contract with a person that the Professional or subcontractor subsequently learns is an unauthorized alien, Professional shall terminate the employment of or contract with the unauthorized alien within thirty (30) days (“Cure Period”). Should the Professional or any subcontractor of Professional fail to cure within the Cure Period, the City has the right to terminate this Agreement without consequence. The E-Verify requirements of this Agreement will not apply, should the E-Verify program cease to exist. 7.12 Severability If any provision of this Agreement is held to be invalid, illegal or unenforceable by a court of competent jurisdiction, that provision shall be stricken, and all other provisions of this Agreement that can operate independently of same shall continue in full force and effect. 7.13 Notice Any notice, invoice, order or other correspondence required or allowed to be sent pursuant to this Agreement shall be written and either hand-delivered or sent by prepaid U.S. certified mail, return receipt requested, addressed to the parties as follows: CITY: City of Carmel City of Carmel Engineering Department Office of Corporation Counsel One Civic Square One Civic Square Carmel, Indiana 46032 Carmel, Indiana 46032 S:\\Contracts\\Departments\\ENG\\2023\\Beam, Longest & Neff, Inc. Professional Services.docx:3/23/2023 1:36 PM\] 7 DocuSign Envelope ID: A05EB794-4E8D-4CBB-BD32-DEE1134F9112 Beam, Longest & Neff, LLC Engineering Department - 2023 Appropriation #2200 0 44-628.71 2020 Road Bond Fund; P.O.#108624 Contract Not To Exceed $2,160.00 rd5603 Avenue SW; Parcel #6 George - Seidensticker – Buyer’s Agent PROFESSIONAL: Beam, Longest & Neff, LLC 8320 Craig Street Indianapolis, Indiana 46280 Notwithstanding the above, City may orally provide to Professional any notice required or permitted by this Agreement, provided that such notice shall also then be sent as required by this paragraph within ten (10) business days from the date of such oral notice. 7.14 Effective Date The effective date (“Effective Date”) of this Agreement shall be the date on which the last of the parties hereto executes same. 7.15 Governing Law; Lawsuits This Agreement shall be governed by and construed in accordance with the laws of the State of Indiana, except for its conflict of laws provisions, as well as by all ordinances and codes of the City of Carmel, Indiana. The parties agree that, in the event a lawsuit is filed hereunder, they waive any right to a jury trial they may have, agree to file such lawsuit in an appropriate court in Hamilton County, Indiana only, and agree that such court is the appropriate venue for and has jurisdiction over same. 7.16 Waiver Any delay or inaction on the part of either party in exercising or pursuing its rights and/or remedies hereunder or under law shall not operate to waive any such rights and/or remedies nor in any way affect the rights of such party to require such performance at any time thereafter. 7.17 Non-Assignment Professional shall not assign or pledge this Agreement nor delegate its obligations hereunder without City’s prior written consent. 7.18 Entire Agreement This Agreement contains the entire agreement of and between the parties hereto with respect to the subject matter hereof, and no prior agreement, understanding or representation pertaining to such subject matter, written or oral, shall be effective for any purpose. No provision of this Agreement may be amended, added to or subtracted from except by an agreement in writing signed by both parties hereto and/or their respective successors in interest. To the extent any provision contained in this Agreement conflicts with any provision contained in any exhibit attached hereto, the provision contained in this Agreement shall prevail. S:\\Contracts\\Departments\\ENG\\2023\\Beam, Longest & Neff, Inc. Professional Services.docx:3/23/2023 1:36 PM\] 8 DocuSign Envelope ID: A05EB794-4E8D-4CBB-BD32-DEE1134F9112 Beam, Longest & Neff, LLC Engineering Department - 2023 Appropriation #2200 0 44-628.71 2020 Road Bond Fund; P.O.#108624 Contract Not To Exceed $2,160.00 rd5603 Avenue SW; Parcel #6 George - Seidensticker – Buyer’s Agent 7.19 Representation and Warranties Each party hereto represents and warrants that it is authorized to enter into this Agreement and that any person or entity executing this Agreement on behalf of such party has the authority to bind such party or the party which they represent, as the case may be. 7.20 Headings All headings and sections of this Agreement are inserted for convenience only and do not form a part of this Agreement nor limit, expand or otherwise alter the meaning of any provision hereof. 7.21 Advice of Counsel The parties warrant that they have read this Agreement and fully understand it, have had an opportunity to obtain the advice and assistance of counsel throughout the negotiation of same, and enter into same freely, voluntarily, and without any duress, undue influence or coercion. 7.22 Copyright City acknowledges that various materials which may be used and/or generated by Professional in performance of Services, including forms, job description formats, comprehensive position questionnaire, compensation and classification plan and reports are copyrighted. City agrees that all ownership rights and copyrights thereto lie with Professional, and City will use them solely for and on behalf of its own operations. City agrees that it will take appropriate action with its employees to satisfy its obligations with respect to use, copying, protection and security of Professional’s property. 7.23 Personnel Professional represents that it has, or will secure at its own expense, all personnel required in performing the services under this agreement. Such personnel shall not be employees of or have any contractual relationship with City. All of the services required hereunder will be performed by Professional or under his supervision and all personnel engaged in the work shall be fully qualified to perform such services. 7.24 Records and Inspections Professional shall maintain full and accurate records with respect to all matters covered under this agreement for three (3) years after the expiration or early termination of this Agreement. City shall have free access at all proper times to such records and the right to examine and audit the same and to make transcripts there from, and to inspect all program data, documents, proceedings and activities. S:\\Contracts\\Departments\\ENG\\2023\\Beam, Longest & Neff, Inc. Professional Services.docx:3/23/2023 1:36 PM\] 9 DocuSign Envelope ID: A05EB794-4E8D-4CBB-BD32-DEE1134F9112 Beam, Longest & Neff, LLC Engineering Department - 2023 Appropriation #2200 0 44-628.71 2020 Road Bond Fund; P.O.#108624 Contract Not To Exceed $2,160.00 rd5603 Avenue SW; Parcel #6 George - Seidensticker – Buyer’s Agent 7.25 Accomplishment of Project Professional shall commence, carry on, and complete the project with all practicable dispatch, in a sound economical and efficient manner, in accordance with the provisions thereof and all applicable laws. In accomplishing the project, Professional shall take such steps as are appropriate to ensure that the work involved is properly coordinated with related work being carried on within City’s organization. 7.26 Debarment And Suspension 7.26.1 The Professional certifies by entering into this Agreement that neither it nor its principals nor any of its subcontractors are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from entering into this Agreement by any federal agency or by any department, agency or political subdivision of the State of Indiana. The term “principal” for purposes of this Agreement 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 Professional. 7.26.2 The Professional certifies that it has verified the state and federal suspension and debarment status for all subcontractors receiving funds under this Agreement and shall be solely responsible for any recoupment, penalties or costs that might arise from use of a suspended or debarred subcontractor. The Professional shall immediately notify the City if any subcontractor becomes debarred or suspended, and shall, at the City’s request, take all steps required by the City to terminate its contractual relationship with the subcontractor for work to be performed under this Agreement. 7.27 Access to Public Records Act Professional understands and agrees that any “public record”, as that term is defined in Indiana Code 5-14-3- 2(m), as amended, that is related to the subject matter of this Agreement, whether the same is in the possession or control of the Professional or the City, shall be subject to release under and pursuant to the provisions of Indiana’s Access to Public Records Act, as codified in Indiana Code 5-14-3-1, et seq., as amended. 7.28 Iran Certification Pursuant to I.C. § 5-22-16.5, the Professional shall certify that, in signing this Agreement, it does not engage in investment activities within the Country of Iran. S:\\Contracts\\Departments\\ENG\\2023\\Beam, Longest & Neff, Inc. Professional Services.docx:3/23/2023 1:36 PM\] 10 DocuSign Envelope ID: A05EB794-4E8D-4CBB-BD32-DEE1134F9112 DocuSign Envelope ID: A05EB794-4E8D-4CBB-BD32-DEE1134F9112 Exhibit A Page 1 of2REALESTATESERVICESFEESCHEDULE RightofWayManagement Services RightofWayManagementServicesInclude: allprocesses, procedures, observations, dataentryinto LRS, andmanagementof allservicesneededtocleartherightofway, includingall ofthe necessary activities to certify the right of way that has to be acquired to clear the project(s) for construction. This shall be completed in accordance with federal and state law (including but not limitedtoFederalHighwayAdministrationrulesandregulations), thecurrentversionoftheINDOTRealEstateDivisionManual, andascontractedwithorotherwisedirectedbyINDOT.Thecurrent versionoftheINDOTRealEstateManual islocatedathttp://www.in.gov/indot/2493.htm. AllserviceslistedbelowshallberequiredwithintheRightofWayServicesManagementscopeof work. Report Type Fee RightofWayManagementservicesfee 1,310perparcel PublishingandPaymentfor Legal Notice on parcels 520perproject Valuation Services EarlyAssessmentReal EstateCostEstimateIncludes: all processes, proceduresand observationstocompleteaRealEstateCostEstimate assignment (includingbut notlimitedto completionof theINDOTRealEstate CostEstimateSpreadsheet) inaccordancewithfederalandstatelaw (includingbut notlimitedtoFederalHighway Administration rulesandregulations), thecurrentversionof theINDOTRealEstateDivisionManual, and ascontractedwithorotherwisedirectedbyINDOT. CompDocketsInclude: providing comparablesales data (including butnotlimitedtomarketdata research andrawsalesdata) or asotherwise requested byINDOTwithin thescopeof workfor Non- ReportServicesagreed uponatthetime ofassignment. Waiver ValuationsInclude: allprocesses, proceduresand observationsto complete awaiver valuation reportinaccordancewith federalandstate law (includingbutnotlimited toFederalHighway Administration rulesandregulations), thecurrentversion oftheINDOTReal EstateDivisionManual, andas contractedwithor otherwisedirectedbyINDOT. AppraisalReportsInclude: allprocesses, proceduresandobservationstocompletean appraisalreportofthetypebelow assignedbyINDOTinaccordance withfederalandstatelaw (including but notlimitedto FederalHighwayAdministration rulesandregulations), thecurrentversionof theINDOTRealEstateDivision Manual, andas contractedwith or otherwisedirectedbyINDOT.Appraisal feesaredefinedand paidbasedonINDOTparcelandnotcountytaxidentification parcel. Non-Report Services Per Parcel Fee Early Assessment: Projects 50 parcels $145 Early Assessment: Projects > 50parcels negotiatedbaseduponcomplexity Comp Docket: Agricultural / ResidentialProperties: $270 Comp Docket: Commercial / SpecializedProperties: $550 Report Type 725WaiverValuation: AnyPropertyType (ImprovedorUnimproved) 2,055ValueFinding: AnyPropertyType (ImprovedorUnimproved) 3,015ShortForm: AnyPropertyType (ImprovedorUnimproved) 3,375ShortForm: Residential / Ag (withaffected improvementsoratotaltake) 4,710ShortForm: Commercial / Industrial / Multi-Family / Special / Billboard (withaffectedimprovementsor atotal take) 3,625LongForm: AnyPropertyType (Unimproved) 4,815LongForm: Residential / Ag (Improved) 12,050LongForm: Commercial / Industrial / Multi-Family / Special (Improved) 695ExcessLandAppraisal ThespecificReportTypeaboveisdeterminedbyINDOTReviewAppraisersortheirsupervisorsaftertheAppraisalProblemAnalysishasbeencompleted. Review Valuation Services AppraisalProblemAnalysisIncludes: allprocesses, proceduresandobservationstocompleteanAppraisalProblemAnalysisinaccordance withfederalandstatelaw (includingbutnotlimitedto FederalHighway Administrationrulesandregulations), thecurrentversionof theINDOTRealEstateDivision Manual, andas contractedwith or otherwisedirectedbyINDOT. ReviewofWaiverValuationand/or AppraisalReportsInclude: allprocesses, proceduresandobservationstocompleteareviewofanappraisalreportorwaivervaluation reportin accordancewith federaland statelaw (includingbutnotlimited toFederalHighway Administrationrulesand regulations) thecurrent versionoftheINDOTRealEstateDivision Manual, and as contractedwith or otherwisedirectedbyINDOT. Appraisalfeesaredefinedandpaid basedonINDOTparceland notcountytaxidentification parcel. Per Parcel FeeReportType 270AppraisalProblemAnalysis (APA) 435WaiverValuation: AnyPropertyType (ImprovedorUnimproved) 1,035ValueFinding: AnyPropertyType (ImprovedorUnimproved) 1,445ShortForm: AnyPropertyType (Improvedor Unimproved) 1,630ShortForm: Residential / Ag (withaffectedimprovementsor atotal take) 2,300ShortForm: Commercial / Industrial / Multi-Family / Special / Billboard (withaffectedimprovementsor a totaltake) 1,725LongForm: AnyPropertyType (Unimproved) 2,280LongForm: Residential / Ag (Improved) LongForm: Commercial / Industrial / Multi-Family / Special (Improved) 5,550 BuyingServices BuyingServicesInclude: all processes, proceduresandobservationstocompletethetotal orpartial acquisition of realestate, theobtainingof temporaryoraccess rights, or buyingreviewin accordancewithfederalandstatelaw (including but notlimitedtoFederalHighway Administration rulesandregulations), thecurrentversionoftheINDOT RealEstateDivision Manual,andas contractedwithor otherwisedirectedby INDOT. Report Type Per Parcel Fee 2,160Total/Partial Acquisition Temporary/Access Rights 1,800 MAP 21Offer - Total/PartialAcquisition 2,705 MAP21Offer - Temporary/AccessRights 2,345 BuyingReview 360 RelocationServices RelocationServicesInclude: all processes, proceduresandobservationstocompletetheactivitiesforrelocationof residentialor businessownersor tenants, orrelocationofpersonalproperty, or reviewof anysuchrelocation activitiesinaccordancewithfederaland statelaw (including butnotlimited toFederalHighway Administration rulesand regulations), thecurrentversionof theINDOT RealEstateDivisionManual, andascontractedwith orotherwise directedbyINDOT. ReportTypePayment Schedule Per Relocation Fee Payments: 1/3Relo/Appraisal meetingiscomplete, 1/390DayNotice is issued, 1/3parcelis closed $4,330ResidentialOwner / Tenant Payments: 1/3 Relo/Appraisal meetingis complete, 1/3 90DayNotice is issued, 1/3parcelis closedBusinessOwner / Tenant 4,330 PersonalProperty Only Payments: 1/3Relo/Appraisalmeetingis complete, 1/3 90 DayNoticeisissued, 1/3parcelis closed 1,815 ResidentialandBusiness 100% oncetheparceliscompliantandclosed. 1,205Review PersonalPropertyMove 460100% oncetheparceliscompliantandclosed. OnlyReview Property ManagementServices PropertyManagementServicesInclude: allprocesses, procedures, observations, dataentryintoLRS, andmanagementofallservicesneededtocompletetheparcel’sreadinessfordemolition. Thisshallbecompletedinaccordancewith federalandstatelaw (including but not limitedtoFederalHighwayAdministrationrules andregulations), thecurrentversionoftheINDOT RealEstate DivisionManual, andascontractedwithor otherwisedirectedbyINDOT. Thecurrentversion ofthe INDOTRealEstateManualislocated athttp://www.in.gov/indot/2493.htm. All serviceslisted below shallberequired withinPropertyManagementServices scopeofwork. Non-Report Services Per Parcel Fee 1,035PropertyManagementperparcelservicesfee 105PlacingRatBaitonstructure PlacingAppropriate Signson structure $210 Boarding Up Openingson structure AmountonWritten EstimateApprovedbyINDOT DebrisRemoval AmountonWrittenEstimateApprovedbyINDOT Report Type AsbestosSamplingand Analysis AmountonWritten Estimate Approved byINDOT Utility Disconnection Coordination & Verification AmountonWritten EstimateApproved byINDOT DocuSign Envelope ID: A05EB794-4E8D-4CBB-BD32-DEE1134F9112 Page 2 of2 Theabove FeeSchedule will beeffective for allnew on-call realestate contract assignments (based onthe date thatPurchase Orders are issued) made onorafter January 1, 2023. TheFeeSchedule for (a) project-specific contracts that include any land acquisition services, and (b) contracts entered into under “Small Purchase Procedures” pursuant to Section 3.3.1ofINDOT’sProfessional Services Contract AdministrationManual willbeinaccordance with the payment terms inthe contracts and bethe FeeSchedule inplace onthe date the contract was approved bythe Attorney General ofIndiana. Any deviation inestablished fees from the above rules inthis paragraph will require (and shall notbe allowed without) written pre-approval from the Director orone of his orher Managers inINDOT’s Real Estate Department. REVISED: 1/1/2023 DocuSign Envelope ID: A05EB794-4E8D-4CBB-BD32-DEE1134F9112 EXHIBIT B Invoice Date: Name of Company: Address & Zip: Telephone No.: Fax No.: Project Name: Invoice No. Purchase Order No: Goods Services Person Providing Date Goods/Services Provided Cost Per Hourly Total Goods/Services Goods/ (Describe each good/service Item Rate/ Service separately and in detail) Hours Provided Worked GRAND TOTAL Signature Printed Name DocuSign Envelope ID: A05EB794-4E8D-4CBB-BD32-DEE1134F9112 DocuSign Envelope ID: A05EB794-4E8D-4CBB-BD32-DEE1134F9112 DocuSign Envelope ID: A05EB794-4E8D-4CBB-BD32-DEE1134F9112