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HomeMy WebLinkAboutResolution BPW 04-02-25-01/ENG/$148,100/American Structure Point, Inc./LPA Consulting ContractRESOLUTION NO. BPW 04-02-25-01 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 toher authority under Indiana law, the City’smayor, the Honorable Sue Finkam, has caused to be signed the Agreement attached hereto (the “Contract”); and WHEREAS, Mayor Finkam 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 , 2025. CITY OF CARMEL, INDIANA By and through its Board of Public Works and Safety BY: Laura Campbell, Presiding Officer Date: James Barlow, Member Date: Alan Potasnik, Member Date: ATTEST: Jacob Quinn, Clerk Date: Docusign Envelope ID: C3212DD8-A9A8-47F6-8A3A-5BA12F707C77 4/2/2025 4/2/2025 4/2/2025 April02 4/2/2025 Version 6-8-2017 2025.000161 LPA - CONSULTING CONTRACT This Contract (“this Contract”) is made and entered into effective as of March 10, 2025 (“Effective Date”) by and between City of Carmel, acting by and through its proper officials (“LOCAL PUBLIC AGENCY” or LPA”), and American Structurepoint, Inc. (“the CONSULTANT”), a corporation organized under the laws of the State of Indiana. Des. No.: 2401603 Project Description: Raised Crosswalks at 116th Street and Range Line Road RECITALS WHEREAS, the LPA has entered into an agreement to utilize federal monies with the Indiana Department of Transportation (“INDOT”) for a transportation or transportation enhancement project (“the Project”), which Project Coordination Contract is herein attached as Attachment 1 and incorporated as reference; and WHEREAS, the LPA wishes to hire the CONSULTANT to provide services toward the Project completion more fully described in Appendix “A” attached hereto (“Services”); WHEREAS, the CONSULTANT has extensive experience, knowledge and expertise relating to these Services; and WHEREAS, the CONSULTANT has expressed a willingness to furnish the Services in connection therewith. NOW, THEREFORE, in consideration of the following mutual covenants, the parties hereto mutually covenant and agree as follows: The “Recitals” above are hereby made an integral part and specifically incorporated into this Contract. SECTION I SERVICES BY CONSULTANT. The CONSULTANT will provide the Services and deliverables described in Appendix “A” which is herein attached to and made an integral part of this Contract. SECTION II INFORMATION AND SERVICES TO BE FURNISHED BY THE LPA. The information and services to be furnished by the LPA are set out in Appendix "B” which is herein attached to and made an integral part of this Contract. SECTION III TERM. The term of this Contract shall be from the date of the last signature affixed to this Contract to the completion of the construction contract which is estimated to be May 1, 2026. A schedule for completion of the Services and deliverables is set forth in Appendix “C” which is herein attached to and made an integral part of this Contract. SECTION IV COMPENSATION. The LPA shall pay the CONSULTANT for the Services performed under this Contract as set forth in Appendix “D” which is herein attached to and made an integral part of this Contract. The maximum amount payable under this Contract shall not exceed $ 148,100. SECTION V NOTICE TO PROCEED AND SCHEDULE. The CONSULTANT shall begin the work to be performed under this Contract only upon receipt of the written notice to proceed from the LPA, and shall deliver the work to the LPA in accordance with the schedule contained in Appendix "C" which is herein attached to and made an integral part of this Contract. Docusign Envelope ID: C3212DD8-A9A8-47F6-8A3A-5BA12F707C77 Version 6-8-2017 2025.000162 SECTION VI GENERAL PROVISIONS 1. Access to Records. The CONSULTANT and any SUB-CONSULTANTS 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 the LPA, INDOT and/or the Federal Highway Administration (“FHWA”) or its authorized representative, and copies thereof shall be furnished free of charge, if requested by the LPA, INDOT, and/or FHWA. The CONSULTANT agrees that, upon request by any agency participating in federally-assisted programs with whom the CONSULTANT has contracted or seeks to contract, the CONSULTANT may release or make available to the agency any working papers from an audit performed by the LPA, INDOT and/or FHWA of the CONSULTANT and its SUB-CONSULTANTS 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. 2. Assignment; Successors. A. The CONSULTANT binds its successors and assignees to all the terms and conditions of this Contract. The CONSULTANT shall not assign or subcontract the whole or any part of this Contract without the LPA’s prior written consent, except that the CONSULTANT may assign its right to receive payments to such third parties as the CONSULTANT may desire without the prior written consent of the LPA, provided that the CONSULTANT gives written notice including evidence of such assignment) to the LPA thirty (30) days in advance of any payment so assigned. The assignment shall cover all unpaid amounts under this Contract and shall not be made to more than one party. B. Any substitution of SUB-CONSULTANTS must first be approved and receive written authorization from the LPA. Any substitution or termination of a Disadvantaged Business Enterprise (“DBE”) SUB-CONSULTANT must first be approved and receive written authorization from the LPA and INDOT’s Economic Opportunity Division Director. 3. Audit. The CONSULTANT 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 48 CFR part 31 and audit guidelines specified by the State and/or in accordance with audit requirements specified elsewhere in this Contract. 4. Authority to Bind Consultant. The CONSULTANT warrants that it has the necessary authority to enter into this Contract. The signatory for the CONSULTANT represents that he/she has been duly authorized to execute this Contract on behalf of the CONSULTANT and has obtained all necessary or applicable approval to make this Contract fully binding upon the CONSULTANT when his/her signature is affixed hereto. 5. Certification for Federal-Aid Contracts Lobbying Activities. A. The CONSULTANT certifies, by signing and submitting this Contract, to the best of its knowledge and belief after diligent inquiry, and other than as disclosed in writing to the LPA prior to or contemporaneously with the execution and delivery of this Contract by the CONSULTANT, the CONSULTANT has complied with Section 1352, Title 31, U.S. Code, and specifically, that: i. No federal appropriated funds have been paid, or will be paid, by or on behalf of the CONSULTANT 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 contracts, the making of any federal grant, the making of any federal loan, the Docusign Envelope ID: C3212DD8-A9A8-47F6-8A3A-5BA12F707C77 Version 6-8-2017 2025.000163 entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. ii. 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 Contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. B. The CONSULTANT 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 subject to a civil penalty of not less than $10,000 and not more than $100,000 for each failure. 6. Changes in Work. The CONSULTANT shall not commence any additional work or change the scope of the work until authorized in writing by the LPA. The CONSULTANT shall make no claim for additional compensation or time in the absence of a prior written approval and amendment executed by all signatories hereto. This Contract may be amended, supplemented or modified only by a written document executed in the same manner as this Contract. The CONSULTANT acknowledges that no claim for additional compensation or time may be made by implication, oral agreements, actions, inaction, or course of conduct. 7. Compliance with Laws. A. The CONSULTANT 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. If the CONSULTANT violates such rules, laws, regulations and ordinances, the CONSULTANT shall assume full responsibility for such violations and shall bear any and all costs attributable to the original performance of any correction of such acts. The enactment of any state or federal statute, or the promulgation of regulations thereunder, after execution of this Contract, shall be reviewed by the LPA and the CONSULTANT to determine whether formal modifications are required to the provisions of this Contract. B. The CONSULTANT represents to the LPA that, to the best of the CONSULTANT’S knowledge and belief after diligent inquiry and other than as disclosed in writing to the LPA prior to or contemporaneously with the execution and delivery of this Contract by the CONSULTANT: i. State of Indiana Actions. The CONSULTANT has no current or outstanding criminal, civil, or enforcement actions initiated by the State of Indiana pending, and agrees that it will immediately notify the LPA of any such actions. During the term of such actions, CONSULTANT agrees that the LPA may delay, withhold, or deny work under any supplement or amendment, change order or other contractual device issued pursuant to this Contract. ii. Professional Licensing Standards. The CONSULTANT, its employees and SUBCONSULTANTS have complied with and shall continue to comply with all applicable licensing standards, certification standards, accrediting standards and any other laws, rules or regulations governing services to be provided by the CONSULTANT pursuant to this Contract. Docusign Envelope ID: C3212DD8-A9A8-47F6-8A3A-5BA12F707C77 Version 6-8-2017 2025.000164 iii. Work Specific Standards. The CONSULTANT and its SUB-CONSULTANTS, if any, have obtained, will obtain and/or will maintain all required permits, licenses, registrations and approvals, as well as comply with all health, safety, and environmental statutes, rules, or regulations in the performance of work activities for the LPA. iv. Secretary of State Registration. If the CONSULTANT is an entity described in IC Title 23, it is properly registered and owes no outstanding reports with the Indiana Secretary of State. v. Debarment and Suspension of CONSULTANT. Neither the CONSULTANT nor its principals 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 and will immediately notify the LPA of any such actions. 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 CONSULTANT or who has managerial or supervisory responsibilities for the Services. vi. Debarment and Suspension of any SUB-CONSULTANTS. The CONSULTANT’s SUB- CONSULTANTS are not 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. The CONSULTANT shall be solely responsible for any recoupment, penalties or costs that might arise from the use of a suspended or debarred SUBCONSULTANT. The CONSULTANT shall immediately notify the LPA and INDOT if any SUB- CONSULTANT becomes debarred or suspended, and shall, at the LPA’s request, take all steps required by the LPA to terminate its contractual relationship with the SUB- CONSULTANT for work to be performed under this Contract. C. Violations. In addition to any other remedies at law or in equity, upon CONSULTANT’S violation of any of Section 7(A) through 7(B), the LPA may, at its sole discretion, do any one or more of the following: i. terminate this Contract; or ii. delay, withhold, or deny work under any supplement or amendment, change order or other contractual device issued pursuant to this Contract. D. Disputes. If a dispute exists as to the CONSULTANT’s liability or guilt in any action initiated by the LPA, and the LPA decides to delay, withhold, or deny work to the CONSULTANT, the CONSULTANT may request that it be allowed to continue, or receive work, without delay. The CONSULTANT must submit, in writing, a request for review to the LPA. A determination by the LPA under this Section 7.D shall be final and binding on the parties and not subject to administrative review. Any payments the LPA may delay, withhold, deny, or apply under this section shall not be subject to penalty or interest under IC 5-17-5. 8. Condition of Payment. The CONSULTANT must perform all Services under this Contract to the LPA’s reasonable satisfaction, as determined at the discretion of the LPA and in accordance with all applicable federal, state, local laws, ordinances, rules, and regulations. The LPA will not pay for work not performed to the LPA’s reasonable satisfaction, inconsistent with this Contract or performed in violation of federal, state, or local law (collectively, “deficiencies”) until all deficiencies are remedied in a timely manner. Docusign Envelope ID: C3212DD8-A9A8-47F6-8A3A-5BA12F707C77 Version 6-8-2017 2025.000165 9. Confidentiality of LPA Information. A. The CONSULTANT understands and agrees that data, materials, and information disclosed to the CONSULTANT may contain confidential and protected information. Therefore, the CONSULTANT covenants that data, material, and information gathered, based upon or disclosed to the CONSULTANT for the purpose of this Contract, will not be disclosed to others or discussed with third parties without the LPA’s prior written consent. B. The parties acknowledge that the Services to be performed by the CONSULTANT for the LPA under this Contract may require or allow access to data, materials, and information containing Social Security numbers and maintained by the LPA in its computer system or other records. In addition to the covenant made above in this section and pursuant to 10 IAC 5-3-1(4), the CONSULTANT and the LPA agree to comply with the provisions of IC 4-1-10 and IC 4-1-11. If any Social Security number(s) is/are disclosed by the CONSULTANT, the CONSULTANT agrees to pay the cost of the notice of disclosure of a breach of the security of the system in addition to any other claims and expenses for which it is liable under the terms of this Contract. 10. Delays and Extensions. The CONSULTANT agrees that no charges or claim for damages shall be made by it for any minor delays from any cause whatsoever during the progress of any portion of the Services specified in this Contract. Such delays, if any, shall be compensated for by an extension of time for such period as may be determined by the LPA subject to the CONSULTANT's approval, it being understood, however, that permitting the CONSULTANT to proceed to complete any services, or any part of them after the date to which the time of completion may have been extended, shall in no way operate as a waiver on the part of the LPA of any of its rights herein. In the event of substantial delays or extensions, or change of any kind, not caused by the CONSULTANT, which causes a material change in scope, character or complexity of work the CONSULTANT is to perform under this Contract, the LPA at its sole discretion shall determine any adjustments in compensation and in the schedule for completion of the Services. CONSULTANT must notify the LPA in writing of a material change in the work immediately after the CONSULTANT first recognizes the material change. 11. DBE Requirements. A. Notice is hereby given to the CONSULTANT and any SUB-CONSULTANT, and both agree, 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 and failure to promptly cure such breach, may result in termination of this Contract or such remedy as INDOT deems appropriate. The referenced section requires the following assurance to be included in all subsequent contracts between the CONSULTANT and any SUB-CONSULTANT: The CONSULTANT, sub recipient or SUB-CONSULTANT shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Contract. The CONSULTANT shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the CONSULTANT to carry 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. B. The CONSULTANT shall make good faith efforts to achieve the DBE percentage goal that may be included as part of this Contract with the approved DBE SUB-CONSULTANTS identified on its Affirmative Action Certification submitted with its Letter of Interest, or with approved amendments. Any changes to a DBE firm listed in the Affirmative Action Certification must be requested in writing and receive prior approval by the LPA and INDOT’s Economic Opportunity Division Director. After this Contract is completed and if a DBE SUB- CONSULTANT has performed services thereon, the CONSULTANT must complete, and return, a Disadvantaged Business Enterprise Utilization Affidavit (“DBE-3 Form”) to INDOT’s Docusign Envelope ID: C3212DD8-A9A8-47F6-8A3A-5BA12F707C77 Version 6-8-2017 2025.000166 Economic Opportunity Division Director. The DBE-3 Form requires certification by the CONSULTANT AND DBE SUB-CONSULTANT that the committed contract amounts have been paid and received. 12. Non-Discrimination. A. Pursuant to I.C. 22-9-1-10, the Civil Rights Act of 1964, and the Americans with Disabilities Act, the CONSULTANT shall not discriminate against any employee or applicant for employment, to be employed in the performance of work under this Contract, with respect to hire, tenure, terms, conditions or privileges of employment or any matter directly or indirectly related to employment, because of race, color, religion, sex, disability, national origin, ancestry or status as a veteran. Breach of this covenant may be regarded as a material breach of this Contract. Acceptance of this Contract also signifies compliance with applicable federal laws, regulations, and executive orders prohibiting discrimination in the provision of services based on race, color, national origin, age, sex, disability or status as a veteran. B The CONSULTANT understands that the LPA is a recipient of federal funds. Pursuant to that understanding, the CONSULTANT agrees that if the CONSULTANT employs fifty (50) or more employees and does at least $50,000.00 worth of business with the State and is not exempt, the CONSULTANT will comply with the affirmative action reporting requirements of 41 CFR 60- 1.7. The CONSULTANT 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 Title VI enforcement shall include the following additional grounds: sex, ancestry, age, income status, religion and disability.) C. The CONSULTANT shall not discriminate in its selection and retention of contractors, including without limitation, those services retained for, or incidental to, construction, planning, research, engineering, property management, and fee contracts and other commitments with persons for services and expenses incidental to the acquisitions of right-of-way. D. The CONSULTANT shall not modify the Project in such a manner as to require, on the basis of race, color or national origin, the relocation of any persons. (INDOT's Title VI enforcement will include the following additional grounds; sex, ancestry, age, income status, religion and disability). E. The CONSULTANT shall not modify the Project in such a manner as to deny reasonable access to and use thereof to any persons on the basis of race, color or national origin. (INDOT’s Title VI enforcement will include the following additional grounds; sex, ancestry, age, income status, religion and disability.) F. The CONSULTANT shall neither allow discrimination by contractors in their selection and retention of subcontractors, leasors and/or material suppliers, nor allow discrimination by their subcontractors in their selection of subcontractors, leasors or material suppliers, who participate in construction, right-of-way clearance and related projects. Docusign Envelope ID: C3212DD8-A9A8-47F6-8A3A-5BA12F707C77 Version 6-8-2017 2025.000167 G. The CONSULTANT shall take appropriate actions to correct any deficiency determined by itself and/or the Federal Highway Administration (“FHWA”) within a reasonable time period, not to exceed ninety (90) days, in order to implement Title VI compliance in accordance with INDOT’s assurances and guidelines. H. During the performance of this Contract, the CONSULTANT, for itself, its assignees and successors in interest (hereinafter referred to as the "CONSULTANT") agrees as follows: 1) Compliance with Regulations: The CONSULTANT shall comply with the Regulation relative to nondiscrimination in Federally-assisted programs of the Department of Transportation (hereinafter, "DOT") Title 49, Code of Federal Regulations, 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. 2) Nondiscrimination: The CONSULTANT, with regard to the work performed by it during the Contract, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. 3) Solicitations for SUBCONSULTANTS, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the CONSULTANT for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential SUBCONSULTANT or supplier shall be notified by the CONSULTANT of the CONSULTANT’S obligations under this Contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. 4) Information and Reports: The CONSULTANT 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 LPA or INDOT to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a CONSULTANT is in the exclusive possession of another who fails or refuses to furnish this information the CONSULTANT shall so certify to the LPA, or INDOT as appropriate, and shall set forth what efforts it has made to obtain the information. 5) Sanctions for Noncompliance: In the event of the CONSULTANT’S noncompliance with the nondiscrimination provisions of this contract, the LPA shall impose such contract sanctions as it or INDOT may determine to be appropriate, including, but not limited to: a) withholding of payments to the CONSULTANT under the Contract until the CONSULTANT complies, and/or b) cancellation, termination or suspension of the Contract, in whole or in part. 6) Incorporation of Provisions: The CONSULTANT shall include the provisions of paragraphs (1) through (6) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. Docusign Envelope ID: C3212DD8-A9A8-47F6-8A3A-5BA12F707C77 Version 6-8-2017 2025.000168 The CONSULTANT shall take such action with respect to any SUBCONSULTANT procurement as the LPA or INDOT may direct as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that, in the event a CONSULTANT becomes involved in, or is threatened with, litigation with a SUBCONSULTANT or supplier as a result of such direction, the CONSULTANT may request the LPA to enter into such litigation to protect the interests of the LPA, and, in addition, the CONSULTANT may request the United States to enter into such litigation to protect the interests of the United States. 13. Disputes. A. Should any disputes arise with respect to this Contract, the CONSULTANT and the LPA agree to act promptly and in good faith to resolve such disputes in accordance with this Section 13. Time is of the essence in the resolution of disputes. B. The CONSULTANT agrees that the existence of a dispute notwithstanding, it will continue without delay to carry out all of its responsibilities under this Contract that are not affected by the dispute. Should the CONSULTANT fail to continue to perform its responsibilities regarding all non-disputed work, without delay, any additional costs (including reasonable attorneys’ fees and expenses) incurred by the LPA or the CONSULTANT as a result of such failure to proceed shall be borne by the CONSULTANT. C. If a party to this Contract is not satisfied with the progress toward resolving a dispute, the party must notify the other party of this dissatisfaction in writing. Upon written notice, the parties have ten (10) business days, unless the parties mutually agree in writing to extend this period, following the written notification to resolve the dispute. If the dispute is not resolved within ten 10) business days, a dissatisfied party may submit the dispute in writing to initiate negotiations to resolve the dispute. The LPA may withhold payments on disputed items pending resolution of the dispute. 14. Drug-Free Workplace Certification. A. The CONSULTANT hereby covenants and agrees to make a good faith effort to provide and maintain a drug-free workplace, and that it will give written notice to the LPA within ten (10) days after receiving actual notice that an employee of the CONSULTANT in the State of Indiana has been convicted of a criminal drug violation occurring in the CONSULTANT's workplace. False certification or violation of the certification may result in sanctions including, but not limited to, suspension of Contract payments, termination of this Contract and/or debarment of contracting opportunities with the LPA. B. The CONSULTANT certifies and agrees that it will provide a drug-free workplace by: i. Publishing and providing to all of its employees a statement notifying their employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the CONSULTANT’s workplace and specifying the actions that will be taken against employees for violations of such prohibition; ii. Establishing a drug-free awareness program to inform its employees of (1) the dangers of drug abuse in the workplace; (2) the CONSULTANT’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; Docusign Envelope ID: C3212DD8-A9A8-47F6-8A3A-5BA12F707C77 Version 6-8-2017 2025.000169 iii. Notifying all employees in the statement required by subparagraph 14.B.i above that as a condition of continued employment, the employee will (1) abide by the terms of the statement; and (2) notify the CONSULTANT of any criminal drug statute conviction for a violation occurring in the workplace no later than five (5) days after such conviction; iv. Notifying in writing the LPA within ten (10) days after receiving notice from an employee under subdivision 14.B.iii(2) above, or otherwise receiving actual notice of such conviction; v. Within thirty (30) days after receiving notice under subdivision 14.B.iii(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) take appropriate personnel action against the employee, up to and including termination; 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 vi. Making a good faith effort to maintain a drug-free workplace through the implementation of subparagraphs 14.B.i. through 14.B.v. above. 15. Employment Eligibility Verification. The CONSULTANT affirms under the penalties of perjury that he/she/it does not knowingly employ an unauthorized alien. The CONSULTANT shall enroll in and verify the work eligibility status of all his/her/its newly hired employees through the E-Verify program as defined in IC 22-5-1.7-3. The CONSULTANT is not required to participate should the E-Verify program cease to exist. Additionally, the CONSULTANT is not required to participate if the CONSULTANT is self-employed and does not employ any employees. The CONSULTANT shall not knowingly employ or contract with an unauthorized alien. The CONSULTANT shall not retain an employee or contract with a person that the CONSULTANT subsequently learns is an unauthorized alien. The CONSULTANT shall require his/her/its subcontractors, who perform work under this Contract, to certify to the CONSULTANT that the SUB-CONSULTANT does not knowingly employ or contract with an unauthorized alien and that the SUB-CONSULTANT has enrolled and is participating in the E-Verify program. The CONSULTANT agrees to maintain this certification throughout the duration of the term of a contract with a SUB-CONSULTANT. The LPA may terminate for default if the CONSULTANT fails to cure a breach of this provision no later than thirty (30) days after being notified by the LPA. 16. Force Majeure. In the event that either party is unable to perform any of its obligations under this Contract or to enjoy any of its benefits because of fire, natural disaster, acts of God, acts of war, terrorism, civil disorders, decrees of governmental bodies, strikes, lockouts, labor or supply disruptions or similar causes beyond the reasonable control of the affected party (hereinafter referred to as a Force Majeure Event), the party who has been so affected shall immediately give written notice to the other party of the occurrence of the Force Majeure Event (with a description in reasonable detail of the circumstances causing such Event) and shall do everything reasonably possible to resume performance. Upon receipt of such written notice, all obligations under this Contract shall be immediately suspended for as long as such Force Majeure Event continues and provided that the affected party continues to use commercially reasonable efforts to recommence performance whenever and to whatever extent possible without delay. If the period of nonperformance exceeds thirty (30) days from the receipt of written 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. Docusign Envelope ID: C3212DD8-A9A8-47F6-8A3A-5BA12F707C77 Version 6-8-2017 2025.0001610 17. Governing Laws. This Contract shall be construed in accordance with and governed by the laws of the State of Indiana and the suit, if any, must be brought in the State of Indiana. The CONSULTANT consents to the jurisdiction of and to venue in any court of competent jurisdiction in the State of Indiana. 18. Liability. If the CONSULTANT or any of its SUB-CONSULTANTS fail to comply with any federal requirement which results in the LPA’s repayment of federal funds to INDOT the CONSULTANT shall be responsible to the LPA, for repayment of such costs to the extent such costs are caused by the CONSULTANT and/or its SUB-CONSULTANTS. 19. Indemnification. The CONSULTANT agrees to indemnify the LPA, and their agents, officials, and employees, and to hold each of them harmless, from claims and suits including court costs, attorney's fees, and other expenses caused by any negligent act, error or omission of, or by any recklessness or willful misconduct by, the CONSULTANT and/or its SUB-CONSULTANTS, if any, under this Contract, provided that if the CONSULTANT is a “contractor” within the meaning of I.C. 8-3-2-12.5, this indemnity obligation shall be limited by and interpreted in accordance with I.C. 8-23-2-12-5. The LPA shall not provide such indemnification to the CONSULTANT. 20. Independent Contractor. Both parties hereto, in the performance of this Contract, shall act in an individual capacity and not as agents, employees, partners, joint ventures or associates of one another. The employees or agents of one party shall not be deemed or construed to be the employees or agents of the other party for any purposes whatsoever. Neither party will assume liability for any injury including death) to any persons, or damage to any property, arising out of the acts or omissions of the agents or employees of the other party. The CONSULTANT shall be responsible for providing all necessary unemployment and workers’ compensation insurance for its employees. 21. Insurance - Liability for Damages. A. The CONSULTANT shall be responsible for the accuracy of the Services performed under this Contract and shall promptly make necessary revisions or corrections resulting from its negligence, errors or omissions without any additional compensation from the LPA. Acceptance of the Services by the LPA shall not relieve the CONSULTANT of responsibility for subsequent correction of its negligent act, error or omission or for clarification of ambiguities. The CONSULTANT shall have no liability for the errors or deficiencies in designs, drawings, specifications or other services furnished to the CONSULTANT by the LPA on which the Consultant has reasonably relied, provided that the foregoing shall not relieve the CONSULTANT from any liability from the CONSULTANT’S failure to fulfill its obligations under this Contract, to exercise its professional responsibilities to the LPA, or to notify the LPA of any errors or deficiencies which the CONSULTANT knew or should have known existed. B. During construction or any phase of work performed by others based on Services provided by the CONSULTANT, the CONSULTANT shall confer with the LPA when necessary for the purpose of interpreting the information, and/or to correct any negligent act, error or omission. The CONSULTANT shall prepare any plans or data needed to correct the negligent act, error or omission without additional compensation, even though final payment may have been received by the CONSULTANT. The CONSULTANT shall give immediate attention to these changes for a minimum of delay to the project. C. The CONSULTANT shall be responsible for damages including but not limited to direct and indirect damages incurred by the LPA as a result of any negligent act, error or omission of the CONSULTANT, and for the LPA’s losses or costs to repair or remedy construction. Acceptance of the Services by the LPA shall not relieve the CONSULTANT of responsibility for subsequent correction. Docusign Envelope ID: C3212DD8-A9A8-47F6-8A3A-5BA12F707C77 Version 6-8-2017 2025.0001611 D. The CONSULTANT shall be required to maintain in full force and effect, insurance as described below from the date of the first authorization to proceed until the LPA’s acceptance of the work product. The CONSULTANT shall list both the LPA and INDOT as insureds on any policies. The CONSULTANT must obtain insurance written by insurance companies authorized to transact business in the State of Indiana and licensed by the Department of Insurance as either admitted or non-admitted insurers. E. The LPA, its officers and employees assume no responsibility for the adequacy of limits and coverage in the event of any claims against the CONSULTANT, its officers, employees, sub- consultants or any agent of any of them, and the obligations of indemnification in Section 19 herein shall survive the exhaustion of limits of coverage and discontinuance of coverage beyond the term specified, to the fullest extent of the law. F. The CONSULTANT shall furnish a certificate of insurance and all endorsements to the LPA prior to the commencement of this Contract. Any deductible or self-insured retention amount or other similar obligation under the insurance policies shall be the sole obligation of the CONSULTANT. Failure to provide insurance as required in this Contract is a material breach of Contract entitling the LPA to immediately terminate this Contract. I. Professional Liability Insurance The CONSULTANT must obtain and carry professional liability insurance as follows: For INDOT Prequalification Work Types 1.1, 12.2-12.6 the CONSULTANTS shall provide not less than $250,000.00 professional liability insurance per claim and 250.000.00 aggregate for all claims for negligent performance. For Work Types 2.2, 3.1, 3.2, 4.1, 4.2, 5.5, 5.8, 5.11, 6.1, 7.1, 8.1, 8.2, 9.1, 9.2, 10.1 – 10.4, 11.1, 13.1, 14.1 – 14.5, the CONSULTANTS shall carry professional liability insurance in an amount not less than $1,000,000.00 per claim and $1,000,000.00 aggregate for all claims for negligent performance. The CONSULTANT shall maintain the coverage for a period ending two (2) years after substantial completion of construction. II. Commercial General Liability Insurance The CONSULTANT must obtain and carry Commercial / General liability insurance as follows: For INDOT Prequalification Work Types 2.1, 6.1, 7.1, 8.1, 8.2, 9.1, 9.2, 10.1 - 10.4, 11.1, 13.1, 14.1 - 14.5, the CONSULTANT shall carry $1,000,000.00 per occurrence, $2,000,000.00 general aggregate. Coverage shall be on an occurrence form, and include contractual liability. The policy shall be amended to include the following extensions of coverage: 1. Exclusions relating to the use of explosives, collapse, and underground damage to property shall be removed. 2. The policy shall provide thirty (30) days notice of cancellation to LPA. 3. The CONSULTANT shall name the LPA as an additional insured. III. Automobile Liability The CONSULTANT shall obtain automobile liability insurance covering all owned, leased, borrowed, rented, or non-owned autos used by employees or others on behalf of the CONSULTANT for the conduct of the CONSULTANT’s business, for an amount not less than $1,000,000.00 Combined Single Limit for Bodily Injury and Property Damage. The term “automobile” shall include private passenger autos, trucks, and similar type vehicles licensed for use on public highways. The policy shall be amended to include the following extensions of coverage: Docusign Envelope ID: C3212DD8-A9A8-47F6-8A3A-5BA12F707C77 Version 6-8-2017 2025.0001612 1. Contractual Liability coverage shall be included. 2. The policy shall provide thirty (30) days notice of cancellation to the LPA. 3. The CONSULTANT shall name the LPA as an additional insured. IV. Watercraft Liability (When Applicable) 1. When necessary to use watercraft for the performance of the CONSULTANT’s Services under the terms of this Contract, either by the CONSULTANT, or any SUB-CONSULTANT, the CONSULTANT or SUB-CONSULTANT operating the watercraft shall carry watercraft liability insurance in the amount of $1,000,000 Combined Single Limit for Bodily Injury and Property Damage, including Protection & Indemnity where applicable. Coverage shall apply to owned, non- owned, and hired watercraft. 2. If the maritime laws apply to any work to be performed by the CONSULTANT under the terms of the agreement, the following coverage shall be provided: a. United States Longshoremen & Harbor workers b. Maritime Coverage - Jones Act 3. The policy shall provide thirty (30) days notice of cancellation to the LPA. 4. The CONSULTANT or SUB-CONSULTANT shall name the LPA as an additional insured. V. Aircraft Liability (When Applicable) 1. When necessary to use aircraft for the performance of the CONSULTANT’s Services under the terms of this Contract, either by the CONSULTANT or SUB- CONSULTANT, the CONSULTANT or SUB-CONSULTANT operating the aircraft shall carry aircraft liability insurance in the amount of $5,000,000 Combined Single Limit for Bodily Injury and Property Damage, including Passenger Liability. Coverage shall apply to owned, non-owned and hired aircraft. 2. The policy shall provide thirty (30) days notice of cancellation to the LPA. 3. The CONSULTANT or SUB-CONSULTANT shall name the LPA as an additional insured. 22. Merger and Modification. This Contract constitutes the entire agreement between the parties. No understandings, agreements or representations, oral or written, not specified within this Contract will be valid provisions of this Contact. This Contract may not be modified, supplemented or amended, in any manner, except by written agreement signed by all necessary parties. 23. Notice to Parties: Any notice, request, consent or communication (collectively a “Notice”) under this Agreement shall be effective only if it is in writing and (a) personally delivered; (b) sent by certified or registered mail, return receipt requested, postage prepaid; or (c) sent by a nationally recognized overnight delivery service, with delivery confirmed and costs of delivery being prepaid, addressed as follows: Docusign Envelope ID: C3212DD8-A9A8-47F6-8A3A-5BA12F707C77 Version 6-8-2017 2025.0001613 Notices to the LPA shall be sent to: Brad Pease, Engineering Department Director One Civic Square Carmel, Indiana 46032 Notices to the CONSULTANT shall be sent to: Cash E. Canfield, President American Structurepoint, Inc. 9025 River Road, Suite 200 Indianapolis, Indiana 46240 or to such other address or addresses as shall be furnished in writing by any party to the other party. Unless the sending party has actual knowledge that a Notice was not received by the intended recipient, a Notice shall be deemed to have been given as of the date (i) when personally delivered; (ii) three (3) days after the date deposited with the United States mail properly addressed; or (iii) the next day when delivered during business hours to overnight delivery service, properly addressed and prior to such delivery service’s cut off time for next day delivery. The parties acknowledge that notices delivered by facsimile or by email shall not be effective. 24. Order of Precedence; Incorporation by Reference. Any inconsistency or ambiguity in this Contract shall be resolved by giving precedence in the following order: (1) This Contract and attachments, (2) RFP document, (3) the CONSULTANT’s response to the RFP document, and (4) attachments prepared by the CONSULTANT. All of the foregoing are incorporated fully by reference. 25. Ownership of Documents and Materials. All documents, records, programs, data, film, tape, articles, memoranda, and other materials not developed or licensed by the CONSULTANT prior to execution of this Contract, but specifically developed under this Contract shall be considered “work for hire” and the CONSULTANT assigns and transfers any ownership claim to the LPA and all such materials (“Work Product) will be the property of the LPA. The CONSULTANT agrees to execute and deliver such assignments or other documents as may be requested by the LPA. Use of these materials, other than related to contract performance by the CONSULTANT, without the LPA’s prior written consent, is prohibited. During the performance of this Contract, the CONSULTANT shall be responsible for any loss of or damage to any of the Work Product developed for or supplied by INDOT and used to develop or assist in the Services provided herein while any such Work Product is in the possession or control of the CONSULTANT. Any loss or damage thereto shall be restored at the CONSULTANT’s expense. The CONSULTANT shall provide the LPA full, immediate, and unrestricted access to the Work Product during the term of this Contract. The CONSULTANT represents, to the best of its knowledge and belief after diligent inquiry and other than as disclosed in writing prior to or contemporaneously with the execution of this Contract by the CONSULTANT, that the Work Product does not infringe upon or misappropriate the intellectual property or other rights of any third party. The CONSULTANT shall not be liable for the use of its deliverables described in Appendix “A” on other projects without the express written consent of the CONSULTANT or as provided in Appendix “A”. The LPA acknowledges that it has no claims to any copyrights not transferred to INDOT under this paragraph. 26. Payments. All payments shall be made in arrears and in conformance with the LPA’s fiscal policies and procedures. 27. Penalties, Interest and Attorney's Fees. The LPA 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, IC 5-17-5, I. C. 34-54-8, and I. C. 34-13-1. Docusign Envelope ID: C3212DD8-A9A8-47F6-8A3A-5BA12F707C77 Version 6-8-2017 2025.0001614 28. Pollution Control Requirements. If this Contract is for $100,000 or more, the CONSULTANT: i. Stipulates that 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; ii. Agrees to comply with all of the requirements of section 114 of the Clean Air Act and section 308 of the Federal Water Pollution Control Act, and all regulations and guidelines issued thereunder; and iii. Stipulates that, as a condition of federal aid pursuant to this Contract, it shall notify INDOT and the Federal Highway Administration of the receipt of any knowledge 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 Listing of Violating Facilities. 29. Severability. The invalidity of any section, subsection, clause or provision of this Contract shall not affect the validity of the remaining sections, subsections, clauses or provisions of this Contract. 30. Status of Claims. The CONSULTANT shall give prompt written notice to the LPA any claims made for damages against the CONSULTANT resulting from Services performed under this Contract and shall be responsible for keeping the LPA currently advised as to the status of such claims. The CONSULTANT shall send notice of claims related to work under this Contract to: Brad Pease, Engineering Department Director One Civic Square Carmel, Indiana 46032 31. Sub-consultant Acknowledgement. The CONSULTANT agrees and represents and warrants to the LPA, that the CONSULTANT will obtain signed Sub-consultant Acknowledgement forms, from all SUB-CONSULTANTS providing Services under this Contract or to be compensated for Services through this Contract. The CONSULTANT agrees to provide signed originals of the Sub-consultant Acknowledgement form(s) to the LPA for approval prior to performance of the Services by any SUB- CONSULTANT. 32. Substantial Performance. This Contract shall be deemed to be substantially performed only when fully performed according to its terms and conditions and any modification or Amendment thereof. 33. Taxes. The LPA will not be responsible for any taxes levied on the CONSULTANT as a result of this Contract. 34. Termination for Convenience. A. The LPA may terminate, in whole or in part, whenever, for any reason, when the LPA determines that such termination is in its best interests. Termination or partial termination of Services shall be effected by delivery to the CONSULTANT of a Termination Notice at least fifteen (15) days prior to the termination effective date, specifying the extent to which performance of Services under such termination becomes effective. The CONSULTANT shall be compensated for Services properly rendered prior to the effective date of termination. The LPA will not be liable for Services performed after the effective date of termination. B. If the LPA terminates or partially terminates this Contract for any reason regardless of whether it is for convenience or for default, then and in such event, all data, reports, drawings, plans, sketches, sections and models, all specifications, estimates, measurements and data pertaining to the project, prepared under the terms or in fulfillment of this Contract, shall be delivered within ten (10) days to the LPA. In the event of the failure by the CONSULTANT to make Docusign Envelope ID: C3212DD8-A9A8-47F6-8A3A-5BA12F707C77 Version 6-8-2017 2025.0001615 such delivery upon demand, the CONSULTANT shall pay to the LPA any damage (including costs and reasonable attorneys’ fees and expenses) it may sustain by reason thereof. 35. Termination for Default. A. With the provision of twenty (20) days written notice to the CONSULTANT, the LPA may terminate this Contract in whole or in part if i) the CONSULTANT fails to: 1. Correct or cure any breach of this Contract within such time, provided that if such cure is not reasonably achievable in such time, the CONSULTANT shall have up to ninety (90) days from such notice to effect such cure if the CONSULTANT promptly commences and diligently pursues such cure as soon as practicable; 2. Deliver the supplies or perform the Services within the time specified in this Contract or any amendment or extension; 3. Make progress so as to endanger performance of this Contract; or 4. Perform any of the other provisions of this Contract to be performed by the CONSULTANT; or ii) if any representation or warranty of the CONSULTANT is untrue or inaccurate in any material respect at the time made or deemed to be made. B. If the LPA terminates this Contract in whole or in part, it may acquire, under the terms and in the manner the LPA considers appropriate, supplies or services similar to those terminated, and the CONSULTANT will be liable to the LPA for any excess costs for those supplies or services. However, the CONSULTANT shall continue the work not terminated. C. The LPA shall pay the contract price for completed supplies delivered and Services accepted. The CONSULTANT and the LPA shall agree on the amount of payment for manufactured materials delivered and accepted and for the protection and preservation of the property. Failure to agree will be a dispute under the Disputes clause (see Section 13). The LPA may withhold from the agreed upon price for Services any sum the LPA determine necessary to protect the LPA against loss because of outstanding liens or claims of former lien holders. D. The rights and remedies of the LPA in this clause are in addition to any other rights and remedies provided by law or equity or under this Contract. E. Default by the LPA. If the CONSULTANT believes the LPA is in default of this Contract, it shall provide written notice immediately to the LPA describing such default. If the LPA fails to take steps to correct or cure any material breach of this Contract within sixty (60) days after receipt of such written notice, the CONSULTANT may cancel and terminate this Contract and institute the appropriate measures to collect monies due up to and including the date of termination, including reasonable attorney fees and expenses, provided that if such cure is not reasonably achievable in such time, the LPA shall have up to one hundred twenty (120) days from such notice to effect such cure if the LPA promptly commences and diligently pursues such cure as soon as practicable. The CONSULTANT shall be compensated for Services properly rendered prior to the effective date of such termination. The CONSULTANT agrees that it has no right of termination for non-material breaches by the LPA. Docusign Envelope ID: C3212DD8-A9A8-47F6-8A3A-5BA12F707C77 Version 6-8-2017 2025.0001616 36. Waiver of Rights. No rights conferred on either party under this Contract shall be deemed waived, and no breach of this Contract excused, unless such waiver or excuse is approved in writing and signed by the party claimed to have waived such right. Neither the LPA’s review, approval or acceptance of, nor payment for, the Services required under this Contract shall be construed to operate as a waiver of any rights under this Contract or of any cause of action arising out of the performance of this Contract, and the CONSULTANT shall be and remain liable to the LPA in accordance with applicable law for all damages to the LPA caused by the CONSULTANT's negligent performance of any of the Services furnished under this Contract. 37. Work Standards/Conflicts of Interest. The CONSULTANT shall understand and utilize all relevant INDOT standards including, but not limited to, the most current version of the Indiana Department of Transportation Design Manual, where applicable, and other appropriate materials and shall perform all Services in accordance with the standards of care, skill and diligence required in Appendix “A” or, if not set forth therein, ordinarily exercised by competent professionals doing work of a similar nature. 38. No Third-Party Beneficiaries. This Agreement is solely for the benefit of the parties hereto. Other than the indemnity rights under this Contract, nothing contained in this Agreement is intended or shall be construed to confer upon any person or entity (other than the parties hereto) any rights, benefits or remedies of any kind or character whatsoever. 39. No Investment in Iran. As required by IC 5-22-16.5, the CONSULTANT certifies that the CONSULTANT is not engaged in investment activities in Iran. Providing false certification may result in the consequences listed in IC 5-22-16.5-14, including termination of this Contract and denial of future state contracts, as well as an imposition of a civil penalty. 40. Assignment of Antitrust Claims. The CONSULTANT assigns to the State all right, title and interest in and to any claims the CONSULTANT now has, or may acquire, under state or federal antitrust laws relating to the products or services which are the subject of this Contract. Remainder of Page Intentionally Left Blank] Docusign Envelope ID: C3212DD8-A9A8-47F6-8A3A-5BA12F707C77 Docusign Envelope ID: C3212DD8-A9A8-47F6-8A3A-5BA12F707C77 Version 6-8-2017 2025.0001618 APPENDIX "A" SERVICES TO BE FURNISHED BY CONSULTANT: In fulfillment of this Contract, the CONSULTANT shall comply with the requirements of the appropriate regulations and requirements of the Indiana Department of Transportation and Federal Highway Administration. The CONSULTANT shall be responsible for performing the following activities: A. General 1. The CONSULTANT shall provide engineering and prepare road design plans, preliminary opinions of probable construction cost, and other submittal documents following the INDOT LPA Process Guidance Document for Local Federal Aid Projects dated March 2022 and revisions thereto, for the improvements of raised crosswalks at 116th Street and Range Line Road intersection in Carmel, Hamilton County. B. Project Management 1. The CONSULTANT shall provide overall project management for the project. Project Management duties include schedule development and management, stakeholder coordination, and monitoring project budget. 2. The CONSULTANT shall conduct 30-minute virtual progress meetings with the Owner on a monthly basis throughout the project development (up to 6 meetings). 3. The CONSULTANT shall provide monthly project progress reports resulting from the monthly progress meetings to the Owner throughout the project development. 4. The CONSULTANT shall conduct internal coordination meetings with design team and QA. C. Topographic Survey 1. The CONSULTANT shall provide necessary field surveys and topographic and utility mapping for design purposes. Utility mapping will be based upon information obtained from utility owners. The CONSULTANT shall survey the project location and provide the LPA with one set of original field notes for the data accumulation surveys. The CONSULTANT shall obtain deeds of record, subdivision plats, and section or auditor plats for all properties within the project limits. The CONSULTANT’s services shall be in accordance with IC 25-21.5; 865 IAC 1-12; and Chapter 106 of the INDOT Design Manual (Survey Manual). The CONSULTANT acknowledges that it has a copy of the Survey Manual. If there is any conflict between IC 25-21.5, 865 IAC 1- 12, or the Survey Manual, the order of precedence will be: a. IC 25-21.5 b. 865 IAC 1-12 c. Survey Manual 2. The survey limits are generally described below and shown in Exhibit A: Docusign Envelope ID: C3212DD8-A9A8-47F6-8A3A-5BA12F707C77 Version 6-8-2017 2025.0001619 a. Beginning at approximately 225 feet west of the intersection of 116th Street and Range Line Road and heading east to approximately 225 ft east of the intersection. b. Beginning at approximately 225 feet south of the intersection of 116th Street and Range Line Road and heading north to approximately 225 ft north of the intersection. 3. CONSULTANT shall make a request through the Indiana Underground Plant Protection Service as provided by Indiana Code 8-1-26 to have public utilities marked within the public rights-of- way and recorded easements. CONSULTANT will not be responsible for damages resulting from a utility company who will not respond or for utilities that are not marked or that are mismarked. D. Environmental Services 1. The CONSULTANT shall conduct a Red Flag Investigation (RFI) of the project corridor. The Red Flag investigation (RFI) will include a preliminary analysis of publicly available infrastructure, environmental, hydrological, and cultural resources data regarding the project corridor. In addition, the IDEM Virtual File Cabinet will be reviewed to assess the potential for sites requiring additional investigation due to potential soil and/or groundwater contamination. A narrative summary and maps depicting findings of the RFI will be produced. The RFI will be prepared in general accordance with the INDOT Site Assessment (SAM) Operating Manual. If after completion of the RFI and preliminary site investigation it is determined the project will require a Phase I Initial Site Assessment (ISA), Phase II Site Investigation, or development of a remediation work plan, the services required to complete these additional investigations will be considered out of scope and additional or supplemental services will be required. 2. The CONSULTANT shall carry out environmental analyses and develop the appropriate level of National Environmental Policy Act (NEPA) documentation for the project in accordance with INDOT environmental procedures as determined by the anticipated project impacts. A Level 1 Categorical Exclusion is anticipated for this project. The environmental services required to develop this project will be in accordance with the Procedural Manual for Preparing Environmental Documents (2008) and the most recent INDOT Categorical Exclusion Manual and revisions thereto. Copies of these documents are on file with INDOT and are incorporated by reference and made a part hereof. 3. Full Section 106 review and documentation is not anticipated for this project. It is anticipated that the proposed project will qualify under Category A of the Minor Projects Programmatic Agreement (MPPA) dated February 13, 2019, and revisions thereto. If INDOT Cultural Resources Office (CRO) indicates additional investigations or full Section 106 review is necessary, additional services will be required to complete the Section 106 process. These additional services will be considered out of scope, and supplemental services will be required to complete the evaluation of potential historic or cultural resources and prepare appropriate Section 106 documentation in accordance with the INDOT Cultural Resources Manual. 4. A Public Hearing or Public Information Meeting it not anticipated for this project. According to INDOT Project Development Public Involvement Procedures Manual, approved by FHWA, it is not anticipated the proposed project will meet the minimum requirements for public involvement. If public involvement meetings are requested by the CLIENT, additional or supplemental services will be required to facilitate these meetings. 5. It is not anticipated that Section 4(f) or Section 6(f) documentation will be required as part of this project. If during development of the preferred alternative it is determined a Section 4(f) or Section 6(f) resource will be impacted and a Section 4(f) or Section 6(f) evaluation is necessary, Docusign Envelope ID: C3212DD8-A9A8-47F6-8A3A-5BA12F707C77 Version 6-8-2017 2025.0001620 additional or supplemental services will be required to develop and evaluate potential avoidance alternatives, determine whether any alternatives are feasible and prudent, and analyze impacts from identified avoidance alternatives, as required for individual evaluations. 6. An analysis of Noise Impacts is not anticipated, as the scope of the proposed project is consistent with a Type 3 project, as defined in the most recent version of the INDOT Traffic Noise Analysis Procedures and revisions thereto. If during consultation with INDOT it is determined an analysis of noise impacts is required, services required for determining existing noise levels, identification of noise receivers, predictions of future noise levels, evaluation of impacts, and an analysis of noise abatement will be considered out of scope. 7. It is not anticipated that a Wetland Delineation Report will be required for this project, as all proposed work is anticipated to be confined to impervious surfaces. If it is determined that a Wetland Delineation Report and/or water quality permits will be required, additional or supplemental services will be required to complete the work. 8. If the CONSULTANT is required to provide an environmental service not listed above, the work to provide such additional service shall be considered a change in the scope of work. E. Road Design 1. The CONSULTANT shall prepare Preliminary Plans (40%) and Final Tracings Plans (100%), special provisions for the specifications, and opinions of probable construction cost, which will be in accordance with the accepted standards for such work and in accordance with the following documents in effect at the time the plans or reports are submitted: American Association of State Highway and Transportation Officials (AASHTO) A Policy on Geometric Design of Highways and Streets, City of Carmel Standards, and INDOT’s standard specifications, road memoranda, and design manuals, except as modified by supplemental specifications and special provisions, if any. a. The road design limits are generally described in Item C.2. b. The anticipated project design scope is described below: 1) The road design plans will consist of replacement of existing crosswalks with raised crosswalks at the roundabout at 116th Street and Range Line Road at all legs. 2) It is anticipated that all corresponding curb ramps, 12 total, will be reconstructed to facilitate the construction of the proposed raised crosswalks. 3) It is anticipated that impacts to the existing drainage network may be necessary. The design will include all necessary drainage improvements to facilitate positive drainage flow via an enclosed storm sewer system. 4) The maintenance-of-traffic for this project is anticipated to consist of phased construction to the extent possible where space allows. 5) The contract plans shall include a Title Sheet, Index Sheet, Typical Section Sheets, Miscellaneous Details Sheets, Maintenance of Traffic Sheets, Construction Details Sheets, Spot Elevation Sheets, Pavement Marking and Signing Sheets, Erosion Control Sheets, and Structure Data Table. 6) An opinion of probable construction cost shall be prepared for the project. Docusign Envelope ID: C3212DD8-A9A8-47F6-8A3A-5BA12F707C77 Version 6-8-2017 2025.0001621 F. Utility Coordination The CONSULTANT shall provide coordination necessary to prepare application documents and process utility relocation coordination to secure appropriate certifications and approvals necessary for construction of this project, including: 1. Coordinating with utilities and supplying necessary plans and design information for coordination of utility relocations in accordance with 105 IAC 13. 2. Holding a Preliminary Field Check meeting with all utilities to discuss potential conflicts arising from the project. G. Construction Phase Design Services 1. The CONSULTANT shall review all shop drawings for this contract during construction. Such reviews and approvals or other action will not extend to means, methods, techniques, sequences, or procedures of construction or to safety precautions and programs incident thereto, or accuracy or completeness of details, such as quantities, dimensions, weights or gauges, fabrication processes, coordination of the work with other trades, all of which are the sole responsibility of the Contractor. The CONSULTANT's review shall be conducted with reasonable promptness while allowing sufficient time in the CONSULTANT’s judgment to permit adequate review. Review of a specific item shall not indicate that the CONSULTANT has reviewed the entire assembly of which the item is a component. The CONSULTANT shall not be responsible for any deviations from the Construction Documents not brought to the attention of the CONSULTANT in writing by the Contractor. The CONSULTANT shall not be required to review partial submissions or those for which submissions of correlated items have not been received. 2. Following the award of a construction contract, the CONSULTANT will be responsible for attending the preconstruction meeting. 3. During the course of construction, the CONSULTANT shall be available at reasonable times during normal working hours to respond to reasonable inquiries concerning the accuracy or intent of the CONSULTANT’s plans. All such inquiries will be made only by persons designated by the LOCAL PUBLIC AGENCY to interpret the plans and contract documents for the benefit of the contractors and subcontractors performing the work. The CONSULTANT shall not be required to respond to inquiries by persons other than the LOCAL PUBLIC AGENCY’s designated representative and shall not be required to engage in exhaustive or extensive analysis or interpretation of the plans. 4. As needed and directed by the LPA, the CONSULTANT shall perform construction-phase utility coordination services as described in the 2013 Indiana Design Manual, Chapter 104, as revised. H. Deliverables Upon completion and final approval of the services by the LPA, the CONSULTANT shall deliver to the LPA the following. 1. Preliminary Plans (40%): two (2) full-size (22”x34”) plan sets, two (2) half-size (11”x17”) plan sets, and one (1) preliminary opinion of probable construction cost provided to the Owner. Docusign Envelope ID: C3212DD8-A9A8-47F6-8A3A-5BA12F707C77 Version 6-8-2017 2025.0001622 2. Final Tracings Plans (100%): four (4) full-size (22”x34”) plan sets, one (1) quantity and design calculations compilation, one (1) specification document, and one (1) final opinion of probable construction cost. Full INDOT Submittal of Final Tracing Documents will also be completed. Additional general data shall be issued at the mutual agreement of the CONSULTANT and the LPA. The CONSULTANT does not authorize or assume liability for any reuse of the documents or digital materials described in this section for any purpose other than this project and the specific use intended, unless adapted by and approved by the CONSULTANT. I. Exclusions 1. Traffic Engineering Services: a. Traffic data collection, analysis, design, and simulations b. Traffic signal system inventory of existing equipment c. Traffic signal design or warrant analysis d. Traffic safety analysis e. Lighting design for roadway / roundabout f. ITS design 2. Environmental Services: a. Phase I or Phase II Environmental Site Assessment b. Asbestos testing c. Karst investigation d. Detailed groundwater assessment e. Stream and wetland mitigation design and plan development f. Individual Section 401/404 permits g. Wetland delineation h. Hazardous material remediation plan i. Cemetery development plans j. Public involvement or public information meeting or public hearing k. 4f and 6f items 3. Roadway Design Services: a. Abbreviated engineers report b. Engineering assessment c. Roundabout design d. Pavement design i. Alternate Bid pavement design and plan development e. Landscape and/or streetscape design 4. Drainage Design Services: a. Hydraulic designs and analysis / Culvert design b. Scour analysis for small structures Docusign Envelope ID: C3212DD8-A9A8-47F6-8A3A-5BA12F707C77 Version 6-8-2017 2025.0001623 c. Storm sewer, stormwater quality design, and detention analysis and/or design d. Sanitary sewer or storm sewer lift station design, sanitary sewer plan/profile, water main plan/profile, and submittals to IDEM for sanitary sewer and water main extension e. Floodplain or floodway analysis, modeling, and submittals to IDNR and FEMA 5. Geotechnical services 6. Right-of-way engineering services 7. Right-of-way acquisition services 8. Utility Services: a. Utility relocation design and plan preparation b. Subsurface Utility Exploration/Location/Engineering c. Determination of location or depth of utilities by means such as vacuum excavation or potholing 9. Railroad coordination services 10. Permits a. Construction Stormwater General Permit b. City / INDOT permits c. FAA Permit 11. Zoning and rezoning or development of standard variance submittals and presentations for public hearings, colored renderings, and exhibits for public hearings 12. Contract book preparation 13. Construction inspection Docusign Envelope ID: C3212DD8-A9A8-47F6-8A3A-5BA12F707C77 Version 6-8-2017 2025.0001624 APPENDIX "B" INFORMATION AND SERVICES TO BE FURNISHED BY THE LPA: The LPA shall furnish the CONSULTANT with the following: 1. Criteria for design and details for signs, signals, lighting, highway and structures such as grades, curves, sight distances, clearances, design loading, etc. 2. Standard Specifications and standard drawings applicable to the project 3. All written views pertinent to the location and environmental studies that are received by INDOT or the LPA 4. Utility plans available to INDOT or the LPA covering utility facilities and the location of signals and underground conduits throughout the affected areas 5. Provide access to enter upon public and private lands as required for the CONSULTANT to perform work under this Contract 6. Aerial survey information 7. All legal services as may be required for development of the project 8. An LPA representative with decision-making authority for inquiries 9. Payment of all permit and review fees required by agencies having jurisdiction over this project data 10. Relocation plans for utility facilities owned by the local municipality that may be impacted by the Project. Docusign Envelope ID: C3212DD8-A9A8-47F6-8A3A-5BA12F707C77 Version 6-8-2017 2025.0001625 APPENDIX "C" SCHEDULE: No work under this Contract shall be performed by the CONSULTANT until the CONSULTANT receives a written notice to proceed from the LPA. All work by the CONSULTANT under this Contract shall be completed and delivered to the LPA for review and approval within the approximate time periods shown in the following submission schedule: A. Field Survey complete within 45 calendar days after receipt of notice to proceed from the LPA. B. Roadway Design 1. Preliminary Plans (40%) and utility coordination within 60 calendar days after survey is complete. 2. Final Tracings (100%) with cost estimates and special provisions within 60 calendar days after receipt from the LPA of approval of the Preliminary Plans and also after Environmental Approval. Docusign Envelope ID: C3212DD8-A9A8-47F6-8A3A-5BA12F707C77 Version 6-8-2017 2025.0001626 APPENDIX "D" A. Amount of Payment 1. The CONSULTANT shall be compensated for services to be performed under this Contract a total fee not to exceed $148,100 unless approved in writing by the LPA. 2. The CONSULTANT shall be compensated for the following services on a lump-sum basis. The total obligation under this portion of the Contract shall not exceed $139,700 unless approved in writing by the LPA. a. Topographic Survey $12,300 b. Environmental Services $30,200 c. Road Design $73,600 d. Utility Coordination $13,400 e. Project Management $10,200 3. For Construction Phase Design Services, the CONSULTANT will be paid for the actual hours of work performed by essential personnel exclusively working on these tasks multiplied by the hourly rates shown in Exhibit B, plus reimbursable expenses at their direct cost. The fees for construction phase services will not exceed $8,400 unless and until a supplemental agreement is executed. 4. The CONSULTANT shall not be paid for any service performed by the LPA or not required to develop this project. B. Method of Payment 1. The CONSULTANT may submit a maximum of one invoice voucher per calendar month for work covered under this Contract. The invoice voucher shall be submitted to the LPA. The invoice voucher shall represent the value, to the LPA, of the partially completed work as of the date of the invoice voucher. The CONSULTANT shall attach thereto a summary of each pay item in Section A.1 of this Appendix, percentage completed, and prior payments. 2. The LPA, for and in consideration of the rendering of the engineering services provided for in Appendix “A”, agrees to pay to the CONSULTANT for rendering such services the fees established above in the following manner: a. For completed work, and upon receipt of invoices from the CONSULTANT and the approval thereof by the LPA, payments covering the work performed shall be due and payable to the CONSULTANT. b. From the partial payment thus computed, there shall be deducted all previous partial fee payments made to the CONSULTANT. Docusign Envelope ID: C3212DD8-A9A8-47F6-8A3A-5BA12F707C77 Version 6-8-2017 2025.0001627 3. In the event of a substantial change in the scope, character or complexity of the work on the project, the maximum fee payable and the specified fee shall be adjusted in accordance with item 6, Changes In Work, of the General Provisions set out in this Contract. 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ocusign Envelope ID: C3212DD8-A9A8-47F6-8A3A-5BA12F707C77 ÍèIÍ Ib"i Í Íè «ô ôÍ ÍèÍ®ôô Íôî Í Íè îîŽô îîi ôôè Íô ôæÍôî®ô i>ô´ô ô [ aî aî aîF F Í Íè(Íôî Í´ôÍ iŽôôÍî Í Docusign Envelope ID: C3212DD8-A9A8-47F6-8A3A-5BA12F707C77 PROJECT NUMBER: PROJECT DESCRIPTION: February 24, 2025 Road Design and Plan Development WORK CLASSIFICATION Principal Project Manager Senior Engineer Project Engineer Staff Engineer Senior Technician TOTAL Preliminary Plans (40%) Create Title Sheet 0 0 0 0 0 1 1 Created Index Sheet 0 0 0 0 0 1 1 Set Design Criteria 0 1 1 1 1 0 4 Compile Typical Sections & Sheets 0 0 0 1 3 3 7 Layout Pavement Master 0 1 1 4 8 0 14 Investigate Existing Topo/Grading 0 1 0 2 4 0 7 Create Detailed Spot Elevation Sheets 0 0 0 1 1 6 8 Crosswalk Spot Elevations 0 1 0 6 16 4 27 Curb Ramp Design/Spot Elevations 0 1 0 6 16 4 27 Storm Sewer/Drainage Design 0 1 0 2 8 0 11 Develop MOT Phasing Sheets 0 0 2 12 16 6 36 Develop Structure Data Table 0 0 0 1 1 1 3 Develop Construction Detail Sheets 0 0 0 0 2 4 6 Layout Construction Limits 0 0 0 0 2 2 4 Create and Compile Design Calculations (turning movements) 0 0 0 2 8 0 10 Preliminary Quantity Computations and Cost Estimate 0 1 0 2 8 0 11 QC Preliminary Plans/Quantities/Design Calcs 0 4 12 0 0 0 16 Address QC Comments 0 0 0 4 12 8 24 Submittal of Preliminary Plans 0 1 0 2 0 0 3 Subtotal 0 12 16 46 106 40 220 Final Tracings Plans (100%) Revise Plans per Utilities, Field Check, & City Comments 0 1 0 4 6 2 13 Final Typical Sections 0 0 0 1 2 1 4 Final Construction Detail Sheets 0 0 0 1 4 2 7 Final Pavement Master Details 0 1 0 2 2 0 5 Final Storm Sewer Design 0 1 0 2 6 0 9 Finalize Design Spot Elevations for RAB/Raised X-Walks 0 1 0 8 12 0 21 Curb Ramp spots finalize 0 1 0 8 12 0 21 Finalize Spot Elevation Sheets and Label 0 0 0 0 0 6 6 Final Structure Data Tables 0 1 0 1 0 0 2 Final MOT Phasing Details and Sheets 0 0 0 4 12 4 20 Final Pavement Marking & Sign Plan Sheets 0 1 0 2 4 4 11 Final Earthwork Computations 0 0 0 1 4 0 5 Erosion Control Design and Sheets 0 0 0 2 4 3 9 Review Utility Work Plans 0 2 0 12 8 0 22 Compute Final Quantities & Cost Estimate 0 1 0 4 4 0 9 Input Costs into CES 0 0 0 1 3 0 4 Compile Unique Special Provisions 0 0 0 2 4 0 6 Compile INDOT Final Tracings Documents 0 1 2 8 16 0 27 QC Plans/Design Calcs/Quantities 0 4 12 0 0 0 16 Address QC Comments on Plans/Design Calcs/Quantities 0 0 0 4 12 8 24 Submittal of Final Tracings Plans 0 1 0 1 0 0 2 Subtotal 0 16 14 68 115 30 243 TOTAL HOURS 0 28 30 114 221 70 463 AVERAGE HOURLY RATE 269.93$ 255.21$ 209.01$ 178.88$ 124.19$ 175.32$ SUBTOTAL DIRECT SALARY COST -$ 7,145.88$ 6,270.30$ 20,392.32$ 27,445.99$ 12,272.40$ 73,526.89$ DIRECT COSTS QUANTITY QUANTITY UNIT UNIT COST Mileage 2 Trips x 12 /Mile 0.67$ 16.08$ Shipping --- --- LS 50.00$ Meals Person(s) x /Day 15.00$ Lodging Person(s) x /Night 150.00$ Prints Sets x Sheets 0.05$ Exhibits --- --- each 100.00$ SUBTOTAL DIRECT EXPENSE COST 16.08$ AMERICAN STRUCTUREPOINT, INC. MAN-HOUR JUSTIFICATION 2025.00016 Des 2401603, 116th/Rangeline Rd Carmel RAB Crosswalk Retrofit ESTIMATED TIME (HOURS) Road Docusign Envelope ID: C3212DD8-A9A8-47F6-8A3A-5BA12F707C77 PROJECT NUMBER: PROJECT DESCRIPTION: February 24, 2025 Road Design and Plan Development WORK CLASSIFICATION Principal Project Manager Senior Engineer Project Engineer Staff Engineer Senior Technician TOTAL AMERICAN STRUCTUREPOINT, INC. MAN-HOUR JUSTIFICATION 2025.00016 Des 2401603, 116th/Rangeline Rd Carmel RAB Crosswalk Retrofit ESTIMATED TIME (HOURS) Road Design and Plan Development TOTAL FEE 73,600.00$ Road Docusign Envelope ID: C3212DD8-A9A8-47F6-8A3A-5BA12F707C77 PROJECT NUMBER: PROJECT DESCRIPTION: February 24, 2025 Utility Coordination WORK CLASSIFICATION Principal Project Manager Senior Engineer Project Engineer Staff Engineer Senior Technician TOTAL Utility Coordination Compile/Send out Initial Notices/Verification Plans 010460 11 FieldCheckMeeting 040440 12 Prepare and Distribute Minutes of Field Check 000220 4 Compile/Send out Final Work Plan Request/Plans 010560 12 Final Utility Work Plan/Relocation Drawings Review 0 8 0 16 16 0 40 Subtotal 0 14 0 31 34 0 79 TOTAL HOURS 0 14 0 31 34 0 79 AVERAGE HOURLY RATE 269.93$ 255.21$ 209.01$ 178.88$ 124.19$ 175.32$ SUBTOTAL DIRECT SALARY COST -$ 3,572.94$ -$ 5,545.28$ 4,222.46$ -$ 13,340.68$ DIRECT COSTS QUANTITY QUANTITY UNIT UNIT COST Mileage 2 Trips x 12 /Mile 0.67$ 16.08$ Shipping --- --- LS 50.00$ Meals Person(s) x /Day 15.00$ Lodging Person(s) x /Night 150.00$ Prints Sets x Sheets 0.05$ Exhibits --- --- each 100.00$ SUBTOTAL DIRECT EXPENSE COST 16.08$ Utility Coordination TOTAL FEE 13,400.00$ AMERICAN STRUCTUREPOINT, INC. MAN-HOUR JUSTIFICATION 2025.00016 Des 2401603, 116th/Rangeline Rd Carmel RAB Crosswalk Retrofit ESTIMATED TIME (HOURS) Utility Coordination Docusign Envelope ID: C3212DD8-A9A8-47F6-8A3A-5BA12F707C77 PROJECT NUMBER: PROJECT DESCRIPTION: February 24, 2025 Project Management WORK CLASSIFICATION Principal Project Manager Senior Engineer Project Engineer Staff Engineer Senior Technician TOTAL Project Management 30 Minute Virtual Meetings (6) & Meeting Minutes 060660 18 Monthly Progress Reports (30 Min Ea)040100 5 Montly Revenue/Billing (30 Min Ea)040000 4 Internal Design Team Meetings 0 6 0 10 10 0 26 Subtotal 0 20 0 17 16 0 53 TOTAL HOURS 0 20 0 17 16 0 53 AVERAGE HOURLY RATE 269.93$ 255.21$ 209.01$ 178.88$ 124.19$ 175.32$ SUBTOTAL DIRECT SALARY COST -$ 5,104.20$ -$ 3,040.96$ 1,987.04$ -$ 10,132.20$ DIRECT COSTS QUANTITY QUANTITY UNIT UNIT COST Mileage Trips x /Mile 0.67$ Shipping --- --- LS 50.00$ Meals Person(s) x /Day 15.00$ Lodging Person(s) x /Night 150.00$ Prints Sets x Sheets 0.05$ Exhibits --- --- each 100.00$ Permit Fee --- --- each 175.00$ SUBTOTAL DIRECT EXPENSE COST -$ Project Management TOTAL FEE 10,200.00$ AMERICAN STRUCTUREPOINT, INC. MAN-HOUR JUSTIFICATION 2025.00016 Des 2401603, 116th/Rangeline Rd Carmel RAB Crosswalk Retrofit ESTIMATED TIME (HOURS) Project Management Docusign Envelope ID: C3212DD8-A9A8-47F6-8A3A-5BA12F707C77 PROJECT NUMBER: PROJECT DESCRIPTION: February 24, 2025 Construction Phase Services WORK CLASSIFICATION Principal Project Manager Senior Engineer Project Engineer Staff Engineer Senior Technician TOTAL Construction Phase Services Pre-Construction Meeting 033000 6 Shop Drawing Reviews 0 1 4 12 0 0 17 Request for Information 0 1 6 12 0 0 19 Subtotal 0 5 13 24 0 0 42 TOTAL HOURS 0 5 13 24 0 0 42 AVERAGE HOURLY RATE 269.93$ 255.21$ 209.01$ 178.88$ 124.19$ 175.32$ SUBTOTAL DIRECT SALARY COST -$ 1,276.05$ 2,717.13$ 4,293.12$ -$ -$ 8,286.30$ DIRECT COSTS QUANTITY QUANTITY UNIT UNIT COST Mileage 2 Trips x 14 /Mile 0.67$ 18.76$ Shipping --- --- LS 50.00$ Meals Person(s) x /Day 15.00$ Lodging Person(s) x /Night 150.00$ Prints Sets x Sheets 0.05$ Exhibits --- --- each 100.00$ Permit Fee --- --- each 175.00$ SUBTOTAL DIRECT EXPENSE COST 18.76$ Construction Phase Services TOTAL FEE 8,400.00$ AMERICAN STRUCTUREPOINT, INC. 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Docusign Envelope ID: C3212DD8-A9A8-47F6-8A3A-5BA12F707C77 December 12, 2024 Prequalification Section 317) 232-5094 Eric Holcomb, Governor Michael Smith, Commissioner PHONE: (855) 463-6848100NorthSenateAvenue Room N758-PQ Indianapolis, Indiana 46204 Cash Canfield American Structurepoint, Inc. 9025 River Road, Suite 200 Indianapolis, IN 46240 Re: Consultant Prequalification Dear Cash Canfield: The Consultant Prequalification General/Technical Modification Application submitted on 11/14/2024 has been reviewed by this office. Your firm has been prequalified to provide consulting services to the Indiana Department of Transportation (INDOT) in the work groups listed on the attached Work Type Certification, effective 12/12/2024. This approval supersedes any previous approval for prequalification but is subject to revision or modification in accordance with the most current edition of the INDOT Consultant Prequalification Manual. Your Financial approval will expire on 06/30/2025. Your General/Technical approval will expire on 08/31/2025. Your Firm's annual contracting capacity for the Cognizant Audit Level is $147,916,032.00 for the fiscal period that ended on 12/31/2023. Your firm was approved for this financial level as notified separately by the External Audit Section. The requested and approved financial level determines the firm ’s service limitations as stated in the INDOT Consultant Prequalification Manual. Consultant firms must submit their annual financial application within 180 calendar days of the end of each fiscal year. You are required to submit a modification application in the event of any changes in firm ownership, firm address, form of business entity under which the firm operates, manpower significant enough to affect the firm's qualifications or capacity (or operations of laboratories, facilities, etc.), financial status (such as filing for bankruptcy), or any other change which affects an element INDOT considers when prequalifying a consultant. The Consultant must notify INDOT within 15 days of any change in the information provided in its Prequalification Application and to submit a modification application in a timely manner. Failure to submit a modification application within 15 days after the initial notification will result in the loss of the Consultants Prequalification Status. Please contact Mr. John Leming, Consultant Prequalification Research Analyst at 317 -234-4917 if you have any questions on this matter. cc: Prequalification File External Audit Respectfully, Matthew Sutton, P.E. Prequalification Engineer www.in.gov/dot/ y Docusign Envelope ID: C3212DD8-A9A8-47F6-8A3A-5BA12F707C77 Prequalified Work Type Certification Issued By Indiana Department of Transportation Date Printed:12/12/2024 American Structurepoint, Inc. Valid Work Groups Effective:Expires on:08/31/202512/12/2024 Work Type Code Work Type Description Qualifying Person(s) 1.1 Systems Planning Rajbhara, Rahul M 2.1 Traffic Data Collection Shah, Hardik R 2.2 Traffic Forecasting Shah, Hardik R 3.1 Non-Complex Traffic Capacity and Operations Analysis Shah, Hardik R 3.2 Complex Traffic Capacity and Operations Analysis Shah, Hardik R 4.1 Traffic Safety Analysis Shah, Hardik R 5.1 Environmental Document Preparation - EA/EIS Hope, Briana M 5.2 Environmental Document Preparation - CE Hope, Briana M 5.3 Environmental Document Preparation - Section 4(f) Hope, Briana M 5.4 Ecological Surveys Hope, Briana M 5.5 Wetland Mitigation Hope, Briana M 5.6 Waterway Permits Hope, Briana M 5.8 Noise Analysis and Abatement Design Walker, Kaitlynn 5.12 Karst Studies Walker, Kaitlynn L 5.13 ESA Screening and Phase I ESA Hendershot, Kaitlynn L S H Docusign Envelope ID: C3212DD8-A9A8-47F6-8A3A-5BA12F707C77 Work Type Code Work Type Description Qualifying Person(s) 5.14 Phase II ESA and Further Site Investigation/Corrective Action Hendershot, Kaitlynn L 6.1 Topographic Survey Data Collection Douglas, Jeffrey Hood, John N 8.1 Non-Complex Roadway Design Canfield, Cash E 8.2 Complex Roadway Design Canfield, Cash E Zielinski, Richard J 8.3 Roundabout Design Balog, Jeremiah S 9.1 Level 1 Bridge Design Cummins, Ryan M Gorak, Kevin M 9.2 Level 2 Bridge Design Cummins, Ryan M Gorak, Kevin M 10.1 Traffic Signal Design Shah, Hardik R 10.2 Traffic Signal System Design Shah, Hardik R 10.3 Complex Roadway Sign Design Shah, Hardik R 10.4 Lighting Design Schneider, Elizabeth M 11.1 Right of Way Plan Development Stapleton, Jessica L Wood, Sue 12.1 Project Management for Acquisition Services Tennancour, Syvia "Skip" J 12.2 Title Research Brewer, Dale J 13.1 Construction Inspection Dubyel, Joe Machala, David P 14.1 Regular Bridge Inspection Cummins, Ryan M 14.2 Complex Bridge Inspection Cummins, Ryan M 14.4 Small Structure and Miscellaneous Structure Inspections Cummins, Ryan M Day, Derrek W Docusign Envelope ID: C3212DD8-A9A8-47F6-8A3A-5BA12F707C77 Work Type Code Work Type Description Qualifying Person(s) 14.5 Bridge Load Capacity Rating & Other Bridge Analysis/Testing Cummins, Ryan M 16.1 Utility Coordination Stetzel, James 17.1 Drainage Design for Driveway Permits Murphy, Nicholas 17.2 Small Structure and Pipe Hydraulic Design Stout, Todd 17.3 Storm Sewer and Detention Design Stout, Todd 17.4 Bridge Hydraulic Design Cummins, Ryan M Day, Derrek W 18.1 Pavement Analysis-Design Services Maurovich, Michael J Matthew Sutton, P.E. Prequalification Engineer cc: Prequalification File An Equal Opportunity Employer Docusign Envelope ID: C3212DD8-A9A8-47F6-8A3A-5BA12F707C77 www.in.gov/dot/ An Equal Opportunity Employer 100 North Senate Avenue Room N749 Indianapolis, Indiana 46204 Eric Holcomb, Governor Michael Smith, Commissioner External Audit http://www.in.gov/indot/2846.htm Division of Economics, External Audit, and Performance Metrics June 14, 2024 Re: Report on Review of Financial Prequalification submission For Fiscal Year Ending: December 31, 2023 Scott S. Scoville, CFO American Structurepoint, Inc. 9025 River Road, Suite 200 Indianapolis, IN 46240 Dear Mr. Scoville External Audit has reviewed the Financial Prequalification submittal by American Structurepoint, Inc for the fiscal year ending December 31, 2023.This notice is to report the results of the financial review. For further information regarding the overall Prequalification status of your firm, including technical requirements, please contact the Prequalification Section directly. We reviewed an Indirect Cost Schedule and associated required documents for Financial Prequalification submitted for the Cognizant Audit Level as application #58736. Per the Mayer Hoffman McCann P.C. report, the Indirect Cost Schedule was audited in accordance with generally accepted government auditing standards issued by the Comptroller General of the United States and 48 CFR Part 31, with an audited indirect cost rate of 187.89%, facilities capital cost of money rate of 0.85% and expressed the opinion that these rates present fairly, in all material respects, the direct labor, fringe benefits, and general overhead of American Structurepoint, Inc.for the period ending December 31, 2023. Per their report dated June 6, 2024, Ohio Department of Transportation performed a cognizant review and concurred with the audited rates of American Structurepoint, Inc.for the period ending December 31, 2023. Indiana Department of Transportation (INDOT) accepts the use of these rates for invoicing of services provided during the firm’s fiscal period covered by this report, for contracts with or administered through the agency. INDOT also accepts the use of these rates as provisional rates for estimating, negotiating and billing current contracts with or administered through the agency. This provisional rate acceptance expires June 30, 2025. Costs billed to contracts with federal participation are subject to audit for compliance with the cost principles contained in 48 CFR Part 31. With the financial prequalification accepted at the Cognizant Audit Level, this firm is not restricted to total annual billings of less than $250,000.00 for a contract or contracts with or administered through INDOT. Total wages and salaries (not including bonuses, profit share, company retirement contributions, or other unallowable forms of indirect compensation) were submitted as $37,602,089 Direct and $36,355,927 Indirect, for a total of $73,958,016. Docusign Envelope ID: C3212DD8-A9A8-47F6-8A3A-5BA12F707C77 www.in.gov/dot/ An Equal Opportunity Employer 100 North Senate Avenue Room N749 Indianapolis, Indiana 46204 Eric Holcomb, Governor Michael Smith, Commissioner The audited financial submission for this firm documents the separation of direct and unallowable indirect vehicle operating cost from allowable indirect vehicle operating costs. This firm may bill and be reimbursed for direct miles billed for contracted services in accordance with State statute and policy. Issues concerning the financial data submitted to the Agency and the allowable indirect cost rates accepted by External Audit are subject to the following procedures. All CPA workpapers used as the basis to establish an audited overhead rate must be made available to INDOT for review at a location of mutual agreement, as determined by INDOT and the consultant firm. The consultant firm named above is solely responsible for all costs billed by the firm’s Independent CPA related to the review of the auditor’s work papers by the agency. INDOT and American Council of Engineering Companies agreed to the implementation of a Dispute Resolution Procedure effective January 1, 2008. Firms wishing to dispute the indirect cost rates allowed by the agency may request a meeting with Natalya Clark, Manager of External Audit, (NClark@INDOT.IN.GOV). This letter is for internal use only and shall not be used for any other purpose. Occasionally, INDOT receives requests from other state transportation agencies to share the financial data for firms providing financial prequalification submissions to our agency, and we may respond to those requests. Firms offering “engineering and design services”, as defined under 23 USC 112(b) (2) (A), who have submitted financial data for Prequalification with INDOT will receive a notification from External Audit summarizing any such data provided and identifying the agency and contact person receiving the information. If you have any questions or concerns regarding your financial submission or the allowable indirect cost rate for your firm, you may contact External Audit directly. Sincerely, Janet Ellis Janet L. Ellis, External Auditor JanetEllis@INDOT.IN.GOV cc: Natalya Clark, Manager of External Audit, INDOT Matthew Sutton, Prequalification Engineer, INDOT John Leming, Consultant Prequalification Analyst, INDOT Docusign Envelope ID: C3212DD8-A9A8-47F6-8A3A-5BA12F707C77 Page 1 of 2 LPA – Consultant Contract Review Checklist Version 8/3/18 – LPA Local Public Agency: City of Carmel Des. No.: 2401603 Project Description: Raised Crosswalks at 116th Street and Range Line Road Consultant Name: American Structurepoint, Inc. 1. Review the contract document: a. Verify that the draft contract is consistent with the latest INDOT boilerplate. b. Verify that the contract description, Des. number and scope of work is within the parameters described in the RFP advertisement and in SPMS. c. Verify that the maximum compensation amount shown on page one matches the amount shown in Appendix D. d. Verify that Section 23 of the draft contract includes proper addresses for the LPA and for the consultant. e. Verify that the signature page contains the names and titles for either the Board of County Commissioners, City Board of Public Works and Safety or the Town Board, as appropriate. 2. Verify Appendix “C” of construction inspection contracts indicates the Final Construction Records is to be submitted within 45 days of the contractors last day of work. 3. Verify the Appendix “D” compensation method is appropriate for the scope of work. a. Construction inspection services should be paid for on a negotiated hourly billing rate basis. b. Other types of services may be paid for on a lump sum basis, cost plus fixed fee basis, unit price basis or negotiated billing rate basis. c. Cost plus percent of cost compensation is not allowed on any consultant contracts. d. See the INDOT Professional Services Contract Administration Manual for more information on the compensation methods. The manual is available at: http://www.in.gov/indot/files/Professional_Services_Contract_Administration_Manual.pdf 4. Verify the consultant has provided a copy of the lead consultant’s prequalification letter showing their approved overhead rate. Docusign Envelope ID: C3212DD8-A9A8-47F6-8A3A-5BA12F707C77 Page 2 of 2 5. Verify the consultant has provided a fee proposal and the fee proposal includes the following: a. Itemization of task elements with estimated hours by employee classification. b. Cost calculations show the overhead rate and profit rate has been applied. 6. Analyze the Consultant Fee Proposal. a. Confirm the task elements are relevant to the scope of work. b. Confirm the proposal does not exceed the Escalation Values for INDOT Consultant Contracts. INDOT uses the Bureau of Labor and Statistics Employment Cost Index (ECI) to determine appropriate escalation values. INDOT’s guidelines are available under the Contract Compensation Information section at: http://www.in.gov/indot/2730.htm. c. Confirm the overhead rate used in the fee proposal is consistent with or lower than the rate shown in the consultant’s prequalification letter. d. Confirm, to the extent possible, major task element and overall cost totals are not excessive. 7. If the contract is for Construction Inspection, is an Engineer’s Assignment letter attached? a. Not Applicable b. Engineer’s Assignment is attached. ERC Signature: Date: Printed Name: Docusign Envelope ID: C3212DD8-A9A8-47F6-8A3A-5BA12F707C77