HomeMy WebLinkAboutINDOT-LPA Consulting Contract Proj No 125-051 - American Structurepoint March 24, 2026
Mr. Patrick O’Connor
American Structurepoint
9025 River Rd. Suite 200
Indianapolis, IN 46240
poconnor@structurepoint.com
RE: INDOT/LPA Consulting Contract
Dear Mr. O’Connor:
At its March 24, 2026 meeting, the Board of Public Works approved the above
referenced contract for the central management design services including traffic signal
asset management in the amount of $375,000.
Enclosed please find a copy of the contract for your records.
Sincerely,
/s/ Hillary Horvath
Hillary Horvath, Clerk
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LPA - CONSULTING CONTRACT
This Contract (“this Contract”) is made and entered into effective as of March 24, 2026 (“Effective Date”) by and between City of South Bend, Indiana, 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.: 2500054
Project Description: Traffic Signal Central Management System, City of South Bend
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 December 31, 2029. 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 $ 375,000.
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.
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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
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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.
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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.
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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
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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 thisContract also signifies compliance with applicable federal laws, regulations, and executive ordersprohibiting 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 thatunderstanding, the CONSULTANT agrees that if the CONSULTANT employs fifty (50) or moreemployees and does at least $50,000.00 worth of business with the State and is not exempt, theCONSULTANT 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 specificreference. 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 of1964, the Americans with Disabilities Act and Section 504 of the Vocational Rehabilitation Actand related statutes and regulations in all programs and activities. Title VI and related statutesrequire that no person in the United States shall on the grounds of race, color or national originbe excluded from participation in, be denied the benefits of, or be subjected to discriminationunder any program or activity receiving Federal financial assistance. (INDOT’s Title VIenforcement 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 ofrace, color or national origin, the relocation of any persons. (INDOT's Title VI enforcement willinclude the following additional grounds; sex, ancestry, age, income status, religion anddisability).
E.The CONSULTANT shall not modify the Project in such a manner as to deny reasonable accessto and use thereof to any persons on the basis of race, color or national origin. (INDOT’s TitleVI 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 theirsubcontractors in their selection of subcontractors, leasors or material suppliers, who participatein construction, right-of-way clearance and related projects.
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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.
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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;
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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.
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17.Governing Laws. This Contract shall be construed in accordance with and governed by the laws ofthe State of Indiana and the suit, if any, must be brought in the State of Indiana. The CONSULTANTconsents to the jurisdiction of and to venue in any court of competent jurisdiction in the State ofIndiana.
18.Liability. If the CONSULTANT or any of its SUB-CONSULTANTS fail to comply with anyfederal requirement which results in the LPA’s repayment of federal funds to INDOT theCONSULTANT 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, andemployees, and to hold each of them harmless, from claims and suits including court costs, attorney'sfees, and other expenses caused by any negligent act, error or omission of, or by any recklessness orwillful misconduct by, the CONSULTANT and/or its SUB-CONSULTANTS, if any, under thisContract, 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. TheLPA shall not provide such indemnification to the CONSULTANT.
20.Independent Contractor. Both parties hereto, in the performance of this Contract, shall act in anindividual 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 theagents or employees of the other party. The CONSULTANT shall be responsible for providing allnecessary 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 thisContract and shall promptly make necessary revisions or corrections resulting from itsnegligence, errors or omissions without any additional compensation from the LPA.Acceptance of the Services by the LPA shall not relieve the CONSULTANT of responsibilityfor subsequent correction of its negligent act, error or omission or for clarification ofambiguities. The CONSULTANT shall have no liability for the errors or deficiencies indesigns, drawings, specifications or other services furnished to the CONSULTANT by the LPAon 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 obligationsunder this Contract, to exercise its professional responsibilities to the LPA, or to notify the LPAof 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 bythe CONSULTANT, the CONSULTANT shall confer with the LPA when necessary for thepurpose 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 oromission without additional compensation, even though final payment may have been receivedby the CONSULTANT. The CONSULTANT shall give immediate attention to these changesfor 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 theCONSULTANT, 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 responsibilityfor subsequent correction.
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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:
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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:
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Notices to the LPA shall be sent to:
Nifemi Oluwatomini, Senior Engineer City of South Bend 227 W. Jefferson South Bend, Indiana 46001 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.
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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 Contractis not listed on the Environmental Protection Agency (EPA) List of Violating Facilities issuedpursuant to the requirements of the Clean Air Act, as amended, and the Federal WaterPollution 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 issuedthereunder; and
iii. Stipulates that, as a condition of federal aid pursuant to this Contract, it shall notify INDOTand the Federal Highway Administration of the receipt of any knowledge indicating that afacility to be utilized in performance under or to benefit from this Contract is underconsideration 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 notaffect 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 madefor 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. TheCONSULTANT shall send notice of claims related to work under this Contract to:
Nifemi Oluwatomini, Senior Engineer City of South Bend 27 W. Jefferson South Bend, Indiana 46001
31.Sub-consultant Acknowledgement. The CONSULTANT agrees and represents and warrants to theLPA, that the CONSULTANT will obtain signed Sub-consultant Acknowledgement forms, from allSUB-CONSULTANTS providing Services under this Contract or to be compensated for Servicesthrough this Contract. The CONSULTANT agrees to provide signed originals of the Sub-consultantAcknowledgement 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 thisContract.
34.Termination for Convenience.
A.The LPA may terminate, in whole or in part, whenever, for any reason, when the LPAdetermines that such termination is in its best interests. Termination or partial termination ofServices shall be effected by delivery to the CONSULTANT of a Termination Notice at leastfifteen (15) days prior to the termination effective date, specifying the extent to whichperformance of Services under such termination becomes effective. The CONSULTANT shallbe 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 whetherit 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 pertainingto the project, prepared under the terms or in fulfillment of this Contract, shall be delivered
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within ten (10) days to the LPA. In the event of the failure by the CONSULTANT to make 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 mayterminate 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 suchcure is not reasonably achievable in such time, the CONSULTANT shall have upto ninety (90) days from such notice to effect such cure if the CONSULTANTpromptly commences and diligently pursues such cure as soon as practicable;
2.Deliver the supplies or perform the Services within the time specified in thisContract 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 theCONSULTANT; or
(ii)if any representation or warranty of the CONSULTANT is untrue or inaccurate in anymaterial 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 inthe manner the LPA considers appropriate, supplies or services similar to those terminated, andthe CONSULTANT will be liable to the LPA for any excess costs for those supplies orservices. 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 manufacturedmaterials 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 toprotect 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 andremedies 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, itshall provide written notice immediately to the LPA describing such default. If the LPA fails totake steps to correct or cure any material breach of this Contract within sixty (60) days afterreceipt of such written notice, the CONSULTANT may cancel and terminate this Contract andinstitute the appropriate measures to collect monies due up to and including the date oftermination, including reasonable attorney fees and expenses, provided that if such cure is notreasonably 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 pursuessuch cure as soon as practicable. The CONSULTANT shall be compensated for Servicesproperly rendered prior to the effective date of such termination. The CONSULTANT agreesthat it has no right of termination for non-material breaches by the LPA.
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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]
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Non-Collusion.
The undersigned attests, subject to the penalties for perjury, that he/she is the CONSULTANT, or that he/she is the properly authorized representative, agent, member or officer of the CONSULTANT, that he/she has not, nor has any other member, employee, representative, agent or officer of the CONSULTANT, directly or indirectly, to the best of his/her knowledge, entered into or offered to enter into any combination, collusion or agreement to receive or pay, and that he/she has not received or paid, any sum of money or other consideration for the execution of this Contract other than that which appears upon the face of this Contract. Furthermore, if the undersigned has knowledge that a state officer, employee, or special state appointee, as those terms are defined in IC §4-2-6-1, has a financial interest in the Contract, the Party attests to compliance with the disclosure requirements in IC §4-2-6-10.5.
In Witness Whereof, the CONSULTANT and the LPA have, through duly authorized representatives, entered into this Contract. The parties having read and understand the forgoing terms of this Contract do by their respective signatures dated below hereby agree to the terms thereof.
CONSULTANT American Structurepoint, Inc. LPA City of South Bend, Indiana South Bend Board of Public Works
Benjamin W. Borcherding, PE Chief Operating Officer Elizabeth A. Maradik, President
Joseph R. Molnar, Vice President
Murray L. Miller, Member
Breana N. Micou, Member
___________________________________________ Abigail E. Magas, Member
Attest:____________________________________ Hillary R. Horvath, Clerk
March 24, 2026
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APPENDIX "A"
This project is to identify a Central Management System (CMS) and communication system for the City of South Bend traffic signals so they can be optimally programmed and maintained. The project will also include a detailed inventory of the 160 traffic signals to review the existing equipment to prioritize required signal upgrades, including cabinets and detection, and design services for up to 25 signalized locations so as to provide a fully operational central management system.
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 a detailed inventory of the 160 traffic signals, a prioritizationsummary of signal upgrades, signal design services for 25 locations, and preliminary opinions ofprobable construction cost and other submittal documents following the INDOT LPA Process
Guidance Document for Local Federal Aid Projects dated March 2022 and revisions thereto, forthe traffic signal central management system for the City of South Bend, Indiana, in the LaPorteDistrict.
B.Project Management
1.The CONSULTANT shall coordinate and manage the efforts of subconsultants. The
CONSULTANT shall assemble all contract documents provided by the subconsultants into oneset of contract documents for bidding. In addition, monthly coordination with the LPA andquarterly coordination with the INDOT PM is anticipated to occur throughout the duration of the
project.
C.In-Field Traffic Signal Inventory (Phase 1)
1.The CONSULTANT will verify the signal information provided by the LPA and previously
collected during the GIS Inventory. A field inventory for all the study intersections (160) will beconducted that includes existing signal equipment, pedestrian accommodations and phasing, and theoperational status of the intersection detection and communications systems. Vehicle andpedestrian detection will be checked for proper operation. Pictures will be taken of each controllercabinet for documentation during the design phase.
2.As part of the in-field review the CONSULTANT will review the status of the existing fiber opticcommunication system. This review will include verifying the communication located in the signalcabinets, determining communication status (up/down data to/from the controller) as well as areview of the existing fiber network details, which will be provided by the LPA. This task does notinclude fiber optic testing or have the intention of determining the location and extent of breakswithin the system.
3.A detailed memorandum describing the condition of the existing signal system(s) will be developedupon completion of the in-field inventory. This memorandum will detail the design direction for the
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Central Management System (CMS) along with recommendations that were identified through this process. Locations that are not compatible or need to be upgraded prior to the deployment of the CMS system will be identified and prioritized (Phase 2). This will include a detailed discussion on the state of the existing fiber optic system and any relevant communication recommendations. The memorandum and recommendations will be discussed with the LPA prior to commencement of the design phase of the project.
D.Traffic Signal Upgrade Prioritization Model (Phase 2)
1.As part of the in-field inventory to be completed in Phase 1, the CONSULTANT will develop aprioritization model for the traffic signals that were identified as “not sufficient” for the deployment
of the CMS. The prioritization model that was previously developed for the City of South BendTraffic Signal Retiming program will be the basis for this task. The tasks involved in this project aredetailed below:
a.Review existing corridor maps
b.Update AADT traffic volumes and roadway data as available
c.Perform preliminary signal warrant analysis at locations where AADT seems below
applicable warrants
d. Run traffic signal update prioritization model for South Bend and evaluate results
e.Adjust scoring and weighting factors for reasonableness and finalize model results
f.Prepare traffic signal update program plan with timeline and schedule
g.Document preliminary analysis performed and summarize findings in a technicalmemorandum
2.Traffic signal locations that have been deemed “not sufficient” will be detailed in a technicalmemorandum to the LPA. This memorandum will include the reasons for the insufficient rankingand what would be required to upgrade these locations to be compatible with the proposed CMS.
E.Central Management System Review and Selection (Phase 3)
1.Technology Review
a.Coordinate with Vendors and Manufacturers
1)Literature Review – The CONSULTANT will perform a literature review of suitablehardware and software options that are deemed to meet the needs of the City. This will
include a review of hardware, software, communication options, and any cloud-basedservices that may be required. Compatibility with existing systems and equipment will beverified as part of this review and a matrix will be developed comparing the systems.
Future expandability will also be a part of the review to ensure that the LPA can expandsystems as needs arise and/or funding becomes available.
b.End-User Coordination – The CONSULTANT will coordinate with the anticipated end users ofthe upgraded traffic signal system. This is anticipated to include the Engineering, Streets andIT departments, along with South Bend Fire and Police Departments. Coordination with St.Joesph County, INDOT and Mishawaka is also anticipated to be required depending on the
direction chosen by the LPA.
c.RFI Process – Upon completion of the literature review, if necessary, the CONSULTANT willassist the City in developing a Request for Information (RFI) process to request additionalinformation from vendors and manufacturers to determine the proper technology solution(s) forthe CMS project, and any required supplemental equipment.
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d.Product Selection – Once it has been decided that the relevant information has been providedand reviewed, the CONSULTANT will provide the LPA with a recommendation of thetechnology/hardware that is best suited for the project, with final approval dictated by the LPA.
F.Environmental Services
1. Environmental Services
The CONSULTANT shall prepare a single document supporting the anticipated determinationthat the proposed traffic signal CMS project (160 intersections) throughout South Bend that meetsthe criteria for the Programmatic Categorical Exclusion (PCE). The environmental servicesrequired to develop this project shall be in accordance with the Procedural Manual for PreparingEnvironmental Documents (2008) and the INDOT Categorical Exclusion Manual and revisionsthereto. Copies of these documents are on file with INDOT and are incorporated by reference andmade a part hereof. Approval of this determination will be sought from the INDOT LaPorte
District. It is anticipated that one PCE determination form will be sufficient for all intersectionsincluded as part of this project. If consultation with the INDOT LaPorte District determines aPCE determination is required for each intersection, the services required for the preparation ofthe additional PCE’s will be considered out of scope. If it is determined the scope of the projectwill not meet the criteria of the PCE, the services required to complete the required level ofCategorical Exclusion will be considered out of scope.
a.Red Flag Investigation. The preparation of a Red Flag Investigation (RFI) is not anticipatedto be required as this traffic signal CMS project does not involve any ground disturbance orright-of-way acquisition. If the scope of the proposed project is modified or if it is determinedby INDOT that a RFI will be required, the services to complete the required RFI will beconsidered out of scope and additional or supplemental services will be required to completethe RFI.
b. Section 106. Full Section 106 review and documentation is not anticipated for this project, asit is anticipated that the proposed traffic signal CMS install to existing equipment will qualifyunder Category A-5 of the Minor Projects Programmatic Agreement (MPPA) dated February13, 2019 and revisions thereto. The 20 signal replacements/upgrade will not be adjacent orwithin a National Register listed Historic District or individual resource and will fall under
Category B-2 of the MPPA referenced above. The traffic signal CMS project will require thesubmittal of the MPPA Submittal and Assessment Form Section 1 to INDOT CulturalResources Office (CRO). If consultation with INDOT CRO indicates the Section 2 form,additional investigations, or full Section 106 review is necessary, additional services will berequired to complete the Section 106 process, including completing the evaluation ofpotential historic or cultural resources and preparing appropriated Section 106 documentation
in accordance with the INDOT Cultural Resources Manual.
c.Public Involvement. A Public Hearing or Public Information Meeting is not anticipated forthis project. According to INDOT Project Development Public Involvement ProceduresManual, approved by FHWA, it is not anticipated the proposed project will meet theminimum requirements for public involvement. If public involvement meetings are requestedby INDOT, additional or supplemental services will be required to facilitate these meetings.
d.Threatened and Endangered Species. The CONSULTANT shall obtain Threatened andEndangered Species Lists for the project. This shall include coordination with the U.S. Fish
and Wildlife Service’s (USFWS) through the Information for Planning and Consultation(IPaC) website and coordination with the Indiana Department of Natural Resources through aNatural Heritage Database Check. Based on the information provided to prepare this scope of
work, this proposed traffic signal CMS project is not anticipated to require grounddisturbance, tree clearing, or work on small structures. Therefore, no site visits for batinspections are included in this scope of work and bat. If it is determined that bat inspections,
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species specific coordination, guano sampling, or formal consultation is required, this shall be considered a change in scope and supplemental services will be required.
e. Section 4(f) and Section 6(f). 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, 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.
f. Noise Analysis. 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 and additional or supplemental fees will be required.
g. Wetland Delineation. The preparation of a Wetland Delineation and Waters Report is not anticipated to be required as this traffic signal CMS project does not involve any ground disturbance. Coordination with resources agencies, preparation of Section 401, Section 404, and Construction in a Floodway permit applications, and preparation of mitigation plans are also omitted from this task. If the scope of the proposed project is modified to include ground disturbance or drainage work, the services required for the preparation of a Wetland Delineation and Waters Report, permitting and mitigation will be considered out of scope.
h. Environmental Work Exclusions. 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. The environmental services required to develop
this project shall be in accordance with the Procedure Manual for Preparing Environmental Documents dated 2008 and the most recent version of the Categorical Exclusion Manual and any revisions thereto. Copies of these documents are on file with the INDOT and are
incorporated by reference and made a part hereof.
G. Traffic Signal Design Services (Phase 4)
1. The CONSULTANT will initiate a project kickoff meeting with the LPA to discuss the project goals and identify project constraints, restraints, or special conditions. Key stakeholders (INDOT, St. Joseph’s County, Mishawaka) will be identified, and the LPA’s primary contact and
information sharing procedures will be discussed. A detailed project schedule will be developed to identify additional meetings, key delivery dates, impacts to operations (school-year issues), and any other issues associated with the schedule.
2. Based upon the locations previously identified in the CMS Project Traffic Signal Upgrade Prioritization Model and the technical memorandum detailing the insufficient locations, the CONSULTANT will coordinate with the LPA on moving forward with identifying and designing the upgraded traffic signal locations as detailed below in the Signal Design Services. These locations will be selected to prioritize the operation of the CMS without environmental impacts. These improvements would be anticipated to only include in-cabinet controller improvements,
non-invasive detection upgrades, and communications upgrades that do not require excavation.
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3. Plan Development (up to 25 locations)
a. CONSULTANT shall prepare signal design plans as directed by the LPA, special provisions for the specifications, and other submittal documents in accordance with the accepted standards for such work except as modified by the supplemental specifications, if any, and in
accordance with the following: the American Association of State Highway and Transportation Officials A Policy on Geometric Design of Highways and Streets; Manual of Uniform Traffic Control Devices; and the Indiana Department of Transportation’s Standard Specifications.
1) Signal design plans are anticipated to include: Cover Sheet, Index Sheet, MOT Details, an overall Location Map Sheet, Signal Design Sheets, and a Summary of Quantities
Sheet (by location).
2) One (1) project verification site visit as detailed above in Section C and one (1) progress coordination meeting will be held at the City of South Bend offices (if necessary). A project walk through is not anticipated, and traffic control to complete the site verification is not anticipated.
3) CONSULTANT review submissions consisting of the following in accordance with Chapter 14 of the INDOT Design Manual:
a) Combined Stage 2/Stage 3 Plans – INDOT District & Traffic (Central Office) Submittal
i) Utility Coordination and Verification
ii) Stage 3 Signal Design, Specifications (RSP/USP), and Quantities
(1) Stage 3 Pedestrian Push Button Details
iii) Stage 3 Cost Estimate
iv) QC/QA
b) Final Tracings
i) Final Utility Coordination
ii) Final Signal Design, Specifications (RSP/USP), and Quantities
(1) Final Pedestrian Push Button Details
iii) Final Cost Estimate
iv) Final QC/QA
2. 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:
a. Coordinating with utilities and supplying necessary plans and design information for
coordination of utility relocations in accordance with 105 IAC 13.
b. Coordinating with utilities to provide new/revised signal service points, if needed.
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2025.02330 23
H. Bid Phase Services
1. The CONSULTANT shall attend the pre-bid conference, answer contractor questions, and issue addenda as appropriate.
2. The CONSULTANT shall review the contract bid package and coordinate any necessary corrections with the Technical Services Division of INDOT. I. Opinion of Probable Cost For Construction
The opinion of probable cost will be prepared according to the current practices for INDOT and will include all items of work required for the complete construction of the work, including all temporary work necessary in connection therewith, but shall not include the cost of such items of work for which the LPA, through its own forces or through other party or parties, will prepare detailed plans. The unit prices to be used shall be in accordance with the methods used by INDOT.
J. Meetings
The CONSULTANT shall, as needed, make arrangements for and attend meetings in cooperation with
the LPA and INDOT officials for appropriate project coordination with the local stakeholders and the community. The CONSULTANT will prepare meeting minutes and letter responses to questions as needed. The following meetings are included in this scope.
1. One (1) Project Kick-Off meeting with the LPA
2. One (1) Project Verification Site Visit Meeting
3. Five (5) Project Coordination meetings with the LPA at the following points:
a. Completion of Inventory and Memorandum (Phase 1)
b. Completion of Prioritization Model (Phase 2)
c. Coordination during Central Management System Selection Process (Phase 3)
d. Traffic Signal and Central Management Design Services Kick-off Meeting (Phase 4)
e. Traffic Signal Design - Preliminary Design Coordination Meeting (Phase 4)
K. Deliverables
Upon completion and final approval of the services by the LPA, the CONSULTANT shall deliver to the LPA the following.
The CONSULTANT shall prepare preliminary estimates of cost, which shall be in accordance with the accepted standards for such work and in accordance with the Indiana Manual on Uniform Traffic Control Devices (IMUTCD), Standard Specifications, Standard Drawings, Recurring Special Provisions and Plan Details, Special Provision Technical Advisories, Design Memorandums and the Indiana Design Manual (IDM). Such preliminary plans and economic analyses shall be developed to the point required to fulfill the requirements for a Design Public Hearing, and no further work shall be
done on the plans, unless and until specifically directed by INDOT.
The CONSULTANT shall prepare Unique Special Provisions as described in IDM Chapter 14 & 19. Following approval of the hearing plans, approval of the Environmental Documents, and completion
of the Public Hearing requirements, the CONSULTANT shall develop the final design including
Version 6-8-2017
2025.02330 24
reports and technical memorandums, special provisions for the specifications, and final cost estimates for the construction of the project.
The cost estimate and unit prices for construction shall be prepared according to INDOT’s current practices and shall include all items of work required for the complete construction of the work, including temporary work.
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.
L. Exclusions:
1. Traffic Engineering Services: a. Traffic data collection, analysis, and simulations
b. Traffic safety analysis c. Pavement marking and signage design d. Lighting design for roadway / roundabout
e. ITS design f. Traffic Signal Design for more locations than specified in the scope g. Central Management System 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. Hazardous material remediation plan
h. Cemetery development plans i. Public involvement or public information meeting or public hearing
3. Structural Design Services:
a. Bridge design b. Noise wall design c. Retaining wall design
d. Headwall and wingwall design
4. Roadway Design Services: a. Abbreviated engineers report b. Engineering assessment c. Preliminary or final roadway design services d. Roundabout design e. Maintenance-of-traffic design and plans f. Pavement design i. Alternate Bid pavement design and plan development g. ADA curb ramp design h. Landscape and/or streetscape design
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2025.02330 25
5. Drainage Design Services: a. Hydraulic designs and analysis / Culvert design b. Scour analysis for small structures 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
6. Geotechnical services
7. Right-of-way engineering services
8. Right-of-way acquisition services
9. 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
10. Railroad coordination services
11. Permits a. Construction Stormwater General Permit b. FAA Permit
12. Zoning and rezoning or development of standard variance submittals and presentations for public hearings, colored renderings, and exhibits for public hearings
13. Construction inspection
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2025.02330 26
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. Traffic assignments, traffic signal warrants (new signal), traffic lighting warrants (new lighting) 5. Available data and previous studies from the transportation planning process 6. Utility plans available to INDOT or the LPA covering utility facilities and the location of signals and underground conduits throughout the affected areas 7. Provide access to enter upon public and private lands as required for the CONSULTANT to perform work under this Contract
8. Aerial survey information
9. All legal services as may be required for development of the project
10. An LPA representative with decision-making authority for inquiries
11. Payment of all permit and review fees required by agencies having jurisdiction over this project data
12. Relocation plans for utility facilities owned by the local municipality that may be
impacted by the Project.
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2025.02330 27
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. Environmental Services
1. The CONSULTANT will initiate Early Coordination with resource agencies and the Section 106 Process within 30 days of Notice to Proceed and begin the Draft Categorical Exclusion process.
B. Traffic Signal Central Management System Design
1. In-Field Traffic Signal Inventory (Phae 1) will commence within 60 days of Notice to Proceed from the LPA and INDOT, upon acceptance of a mutually acceptable timeline. The detailed memorandum will be submitted to the LPA within 30 days of completion of the inventory.
2. A draft of Traffic Signal Upgrade Prioritization Model (Phase 2) will be provided to the LPA within 60 days of completion of the field review efforts in Phase 1.
3. The Central Management System Review and Selection (Phase 3) and the Traffic Signal Design Services (Phase 4) efforts will commence upon completion and acceptance of the inventory memorandum and the prioritization model by the LPA.
4. The timing of design plan submittals will be coordinated and mutually agreed to between
the LPA and the CONSULTANT prior to commencement of Phase 4.
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2025.02330 28
APPENDIX "D"
A. Amount of Payment
1. 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 $375,000 unless approved in writing by the LPA.
a. Environmental Services $21,200
b. Phase 1 - Coordination, Project Management, and In-Field Inventory $111,200
c. Phase 2 - Traffic Signal Upgrade Prioritization Model $53,700
d. Phase 3 - Central Management System Review and Selection $58,600
e. Phase 4 - Traffic Signal Design Services $111,900
f. Meetings $8,700
g. Bidding & Construction Phase Services $9,800
2. The CONSULTANT shall not be paid for any service performed by the LPA or not
required to develop this project.
B. Method of Payment
1. The CONSULTANT may submit a maximum of one invoice voucher per calendar month for work covered under this Contract. The invoice voucher shall be submitted to the LPA.
The invoice voucher shall represent the value, to the LPA, of the partially completed work as of the date of the invoice voucher. The CONSULTANT shall attach thereto a summary of each pay item in Section A.1 of this Appendix, percentage completed, and prior payments.
2. The LPA, for and in consideration of the rendering of the engineering services provided for in Appendix “A”, agrees to pay to the CONSULTANT for rendering such services the
fees established above in the following manner:
a. For completed work, and upon receipt of invoices from the CONSULTANT and the approval thereof by the LPA, payments covering the work performed shall be
due and payable to the CONSULTANT.
b. From the partial payment thus computed, there shall be deducted all previous partial fee payments made to the CONSULTANT.
3. In the event of a substantial change in the scope, character or complexity of the work on the project, the maximum fee payable and the specified fee shall be adjusted in accordance with item 6, Changes In Work, of the General Provisions set out in this Contract.
Direct Labor O/H Rate DL ECI D/L, O/H Profit D/L, OH, FCCM Billing1.00$ 191.30% & OH 0.00% & ECI 9.00% ECI & Fee 0.83% Rate1.91$ 2.91$ -$ 2.91$ 0.26$ 3.18$ 0.01$ 3.18$ Proposed Date of Certified Paid Hourly10/1/2025Proposed Escalation rate% Escalation of the Labor Rate318.35%Direct Labor O/H Rate DL ECI D/L, O/H Profit D/L, OH, FCCM Billing1.00$ 120.89% & OH 0.00% & ECI 11.00% ECI & Fee 0.00% Rate1.21$ 2.21$ -$ 2.21$ 0.24$ 2.45$ -$ 2.45$ Audited Escalation rate% Escalation of the Labor Rate245.19%Audited Date of Certified Paid Hourly R3/13/2022Rate Limit for Contracts Signed 7/1/2025 - 6/30/2026 $82.34 $262.13Certified Hourly PayAudited Certified Hourly PayCap Waiver Approved? (Y or N)Escalation RateProposed Billing RateAudited Billing RateProposed vs Audited DifferencePremium Overtime Qualified? (Y or N)Premium Overtime RateAudited Premium Overtime RateProposed vs Audited Difference39.04$ N 318.35% 124.28$ #VALUE! Y 143.80$ #VALUE! #VALUE!61.38$ N 318.35% 195.40$ #VALUE! Y 226.09$ #VALUE! #VALUE!52.00$ N 318.35% 165.54$ #VALUE! N Interns and Co-ops 20.64$ N 318.35% 65.71$ #VALUE! Y 76.03$ #VALUE! #VALUE!47.03$ N 318.35% 149.72$ #VALUE! N 29.25$ N 318.35% 93.12$ #VALUE! Y 107.74$ #VALUE! #VALUE!82.34$ N 318.35% 262.13$ #VALUE! N 57.08$ N 318.35% 181.71$ #VALUE! N 78.99$ N 318.35% 251.46$ #VALUE! N Project Planner 31.00$ N 318.35% 98.69$ #VALUE! N61.23$ N 318.35% 194.92$ #VALUE! N 44.00$ N 318.35% 140.07$ #VALUE! Y 162.07$ #VALUE! #VALUE!54.72$ N 318.35% 174.20$ #VALUE! Y 201.56$ #VALUE! #VALUE!79.67$ N 318.35% 253.63$ #VALUE! N 65.10$ N 318.35% 207.24$ #VALUE! N 74.67$ N 318.35% 237.71$ #VALUE! N 52.27$ N 318.35% 166.40$ #VALUE! N 73.85$ N 318.35% 235.10$ #VALUE! N Senior Survey Crew Chief 55.50$ N 318.35% 176.68$ #VALUE! Y 204.43$ #VALUE! #VALUE!Landscape DesignerSenior PlannerSenior Registered Land SurveyorResident Project RepresentativeSenior DesignerSenior Engineer Senior Environmental SpecialistEnvironmental SpecialistLandscape ArchitectPrincipalProject Engineer Project ManagerRegistered Land SurveyorResearcherCertified Payroll Labor Classification or Project ClassificationConstruction InspectorDesignerFilled by AuditorFilled by ConsultantMax Billing Rate
57.00$ N 318.35% 181.46$ #VALUE! Y209.96$ #VALUE! #VALUE!39.86$ N 318.35% 126.89$ #VALUE! Y146.82$ #VALUE! #VALUE!30.75$ N 318.35% 97.89$ #VALUE! Y113.27$ #VALUE! #VALUE!33.68$ N 318.35% 107.22$ #VALUE! Y124.06$ #VALUE! #VALUE!38.53$ N 318.35% 122.66$ #VALUE! NSurvey Crew Chief41.95$ N 318.35% 133.55$ #VALUE! Y154.52$ #VALUE! #VALUE!26.94$ N 318.35% 85.76$ #VALUE! Y99.23$ #VALUE! #VALUE!34.71$ N 318.35% 110.50$ #VALUE! Y127.85$ #VALUE! #VALUE!Add additional classifications as needed using Intert Copied Cells (A-N) command and shift cells down#VALUE!#VALUE!Notes:OverheadOH FactorAdvertised Profit %Audited Profit %>190%0.09.009.00%>180% & <=190%0.7>160% & <=180%1.4Staff SurveyorSurvey Crew MemberTechnicianSenior TechnicianStaff EngineerStaff PlannerStaff ScientistThe Advertised Profit is 9.0%, include range for Overhead FactorUse the most current payroll rates. If this payroll is different from what was provided to INDOT previously, please submit new payroll with the proposal to support rates in the above table.New payroll should show all employees, employee pay rates, grouped by classification with calculated average for each classification, dated and signed by company official.Please submit this form in this format and not as a pdf.Cap rate should be applied to employee's rates prior calculating the average for a classification.Replace the data in the yellow cells with the appropriate data for the firm.
>120% & <=160%2.1<=120%2.8
PROJECT NUMBER:
PROJECT DESCRIPTION: 11/18/2025
Prepare Programmatic CE Support Documentation
WORK CLASSIFICATION Project
Manager
Project
Engineer
Sr. Env.
Specialist
Environmental
Specialist
Staff
Scientist
Senior
Technician TOTAL
Prioritization Review 0 0 4 12 0 0 16
PCE Applicability Form 0 0 2 8 0 0 10
MPPA Category A Verification for CMS install to existing
equipment 003 6 00 9
MPPA Category B Section 1 Form and Coordination
with INDOT CRO for 20 signal replacement/upgrade 0 0 12 36 0 0 48
Compile PCE Support Documents/Prepare Supporting
Exhibits 0 0 12 36 0 0 48
Total Hours 0 0 29 86 0 0 115
Average Hourly Rate 251.46$ 181.71$ 237.71$ 165.54$ 107.22$ 181.46$
SUBTOTAL DIRECT SALARY COST -$ -$ 6,893.59$ 14,236.44$ -$ -$ 21,200.00$
DIRECT COSTS QUANTITY UNIT UNIT COST COST
Mileage 0 Miles 0.49$ -$
-$
-$
-$
-$
Total -$
Prepare Programmatic CE Support Documentation TOTAL FEE 21,200.00$
ESTIMATED TIME (HOURS)
AMERICAN STRUCTUREPOINT, INC.
MAN-HOUR JUSTIFICATION
2025.0233
South Bend CMS Project
Project: South Bend Traffic Signal Central Management Project
Location: South Bend, IN
17-Mar-26
Project Senior Project Staff Senior
WORK CLASSIFICATION Manager Engineer Engineer Engineer Technician TOTAL
SIGNAL DESIGN 10% 35% 25% 20% 10% 100%
HOURLY RATE $251.46 $207.24 $181.71 $126.89 $181.46
TOTAL DESIGN HOURS 200.0 652.0 453.0 359.0 171.0 1835
Phase 1 - Coordination, Project Management and In-Field Inventory 53.0 192.0 136.0 111.0 54.0 546
Phase 2 - Traffic Signal Upgrade Prioritization Model 30.0 100.0 72.0 57.0 28.0 287
Phase 3 - Central Management System Review and Selection 31.0 110.0 79.0 63.0 31.0 314
Phase 4 - Traffic Signal Design Services 80.0 232.0 153.0 118.0 53.0 636
Meetings 18.0 20.0 0.0 0.0 0.0 38
Bid Phase Services 6.0 18.0 13.0 10.0 5.0 52
EVP & Signal Design $50,292 $135,120 $82,315 $45,554 $31,030 $344,300
TOTAL DIRECT COSTS $9,500
Phase 1 - Coordination, Project Management and In-Field Inventory 13,327.38$ 39,790.08$ 24,712.56$ 14,084.79$ 9,798.84$ 111,200.00$
Phase 2 - Traffic Signal Upgrade Prioritization Model 7,543.80$ 20,724.00$ 13,083.12$ 7,232.73$ 5,080.88$ 53,700.00$
Phase 3 - Central Management System Review and Selection 7,795.26$ 22,796.40$ 14,355.09$ 7,994.07$ 5,625.26$ 58,600.00$
Phase 4 - Traffic Signal Design Services 15,590.52$ 43,934.88$ 27,801.63$ 14,973.02$ 9,617.38$ 111,900.00$
Environmental Services 21,200.00$
Meetings 4,526.28$ 4,144.80$ -$ -$ -$ 8,700.00$
Bid Phase Services 1,508.76$ 3,730.32$ 2,362.23$ 1,268.90$ 907.30$ 9,800.00$
Total 375,100.00$
TOTAL COST
Cost
Direct Expenses 9,500.00$
Environmental Services 21,200.00$
EVP Design & Signal Design Plans 344,300.00$
AMERICAN STRUCTUREPOINT, INC.
MAN HOUR JUSTIFICATION
ESTIMATED TIME (HOURS)
1 of 1
September 12, 2025 Prequalification Section
(317) 232-5095
Mike Braun, Governor
Kent Abernathy, Commissioner
PHONE: (855) 463-6848 100 North Senate Avenue
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 Renewal Application submitted on 7/31/2025 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 06/13/2025. 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 06/30/2026. Your General/Technical approval will expire on 09/30/2027.
Your Firm's annual contracting capacity for the Cognizant Audit Level is $148,813,378.00 for the fiscal period that
ended on 12/31/2024. 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/
An Equal Opportunity Employer
09/12/2025 Date Printed:
Indiana Department of Transportation
Issued By
Prequalified Work Type Certification
American Structurepoint, Inc.
09/30/2027 Expires on: 06/13/2025 Effective:
Valid Work Groups
Work Type Description Qualifying Person(s) Work Type Code
1.1 Systems Planning
Shah, Hardik R
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
Hendershot, Kaitlynn L
5.12 Karst Studies
Hendershot, Kaitlynn L
5.13 ESA Screening and Phase I ESA
Hendershot, Kaitlynn L
www.in.gov/dot/
An Equal Opportunity Employer
Work Type Description Qualifying Person(s) Work Type Code
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
www.in.gov/dot/
An Equal Opportunity Employer
Work Type Description Qualifying Person(s) Work Type Code
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
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
www.in.gov/dot/
An Equal Opportunity Employer
www.in.gov/dot/ An Equal Opportunity Employer
100 North Senate Avenue Room N749 Indianapolis, Indiana 46204 Mike Braun, Governor Lyndsay Quist, Commissioner
External Audit http://www.in.gov/indot/2846.htm Division of Economics, External Audit, and Performance Metrics
June 13, 2025
Re: Report on Review of Financial Prequalification submission 25-15-109 For Fiscal Year Ending: December 31, 2024
Scott 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, 2024. 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 #62389. Per the CBIZ CPAs, 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 191.30%, facilities capital cost of money rate of 0.83% 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, 2024.
Per their report dated June 12, 2025, Ohio Department of Transportation performed a cognizant review and concurred with the audited rates of American Structurepoint, Inc. for the period ending December 31, 2024.
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, 2026. 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 $44,347,743 Direct and $30,058,946 Indirect, for
a total of $74,406,689.
www.in.gov/dot/ An Equal Opportunity Employer
100 North Senate Avenue Room N758 Indianapolis, Indiana 46204
PHONE: (855) 463-6848 Mike Braun, Governor Lyndsay Quist, Commissioner
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,
Kathleen Abbott, External Auditor
Phone: 317-233-2162 kabbott1@INDOT.IN.GOV cc: Cash Canfield, COO, American Structurepoint, Inc. Natalya Clark, Manager of External Audit, INDOT Matthew Sutton, Prequalification Engineer, INDOT John Leming, Consultant Prequalification Analyst, INDOT
Page 1 of 2
LPA – Consultant Contract Review Checklist
Version 8/3/18 – LPA
Local Public Agency: City of South Bend, Indiana Des. No.: 2500054
Project Description: Traffic Signal Central Management System, City of South Bend 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.
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:
3/19/2026
Oluwanifemi Oluwatomini
BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM
Date: 3/20/2025
Name: Nifemi Oluwatomini Department of Public Works – Engineering Division
BPW Date: 3/24/2026 Phone Extension: 0615
Required Prior to Submittal to Board
BPW Attorney X Attorney Name Micheal Schimdt
Dept. Attorney Attorney Name
Purchasing
Check the Appropriate Item Type – Required for All Submissions
Professional Services Agreement Contract Proposal
Open Market Contract Amendment/Addendum Special Purchase, QPA
Bid Opening Bid Award Req. to Advertise Title Sheet Quote Opening Quote Award Reject Bids/Quotes Proposal Opening C/O & PCA No. PCA Chg. Order, No. Traffic Control Resolution
Other: Ease./Encroach
Required Information
Company or Vendor Name American Structurepoint
New Vendor Yes If Yes, Approved by Purchasing No
MBE/WBE Contractor MBE
WBE Completed E-Verify Form Attached Yes
No Project Name Traffic central management system
Project Number 125-051(PROJ00000738)
Funding Source
Account No. PR-00046987
Amount $375,000
Terms of Contract INDOT/LPA Consulting Contract
Special Contract Provisions
Purpose/Description Central management design services including traffic signal asset management, prioritization of signals
For Change Orders Only
Amount of Increase Decrease
$
($ )
Previous Amount $
Current Percent of Change:
Increase Decrease
%
( %)
New Amount $
Total Percent of Change:
Increase Decrease
%
( %)
Time Extension Amount:
New Completion Date: