CITY OF INDIANAPOLIS

REQUEST FOR PROPOSALS

RFP-14DPW-1819

2026 PEDESTRIAN NETWORK PROGRAM

CW-26-005

INTRODUCTION

In accordance with IC 5-23-5, the City of Indianapolis (the “City”), acting by and through its Department of Public Works (“DPW), is issuing this Request for Proposals (“RFP”) seeking proposals and statements of qualifications from qualified offerors for the development and construction of public infrastructure in various townships in Indianapolis in support of the 2026

Pedestrian Network Program (the “Program”).

The public infrastructure to be developed and constructed includes, but is not limited to, sidewalk, curb ramp, and pedestrian facilities (all such infrastructure collectively referred to herein as the “Infrastructure” and the development and construction of the Infrastructure for each assignment under the Program being referred to as a “Project”). The precise scope for each Project will be determined once assigned, during a collaborative scoping period with the selected developer team. The City’s internal designation for the Program is: DPW Project Number CW-26-

005 2026 Pedestrian Network Project. Performance requirements for the development and construction of the Infrastructure for each Project is available in the attached Exhibit A to this

RFP.

The City anticipates entering into a public-private partnership agreement with an offeror pursuant to IC 5-23 to provide the work, labor, equipment, and materials to develop and construct

Projects assigned under the Program within the budgetary and the time limitations required by the

City.1 The costs of the Projects will be paid from public funds sourced from the City Pursuant to

IC 5-23-3-2, the provisions of the Indiana Public Work Statute, IC 36-1-12, concerning payment of contractors and subcontractors shall apply, and a selected offeror will be required to obtain a payment bond in an amount not less than one hundred percent (100%) of the final cost of each

Project and a performance bond in an amount not less than fifty percent (50%) of the final cost of each Project. In addition, the City’s local requirements as set forth on Exhibit B to this RFP (the

“Local Requirements”), and compliance with the City’s XBE Program (hereinafter defined), as set forth on Exhibit C to this RFP, will be applicable.

RFP PROCESS, TIMELINE AND SCOPING PERIOD

The anticipated timeline for selection of a developer and execution of a public-private partnership agreement for the development and construction of the Projects is as follows:

1 For the avoidance of doubt, in the context of this RFP, the term “develop” as defined by IC 5-23-2-5.5 shall mean to install and construct the Project Infrastructure, and the term “construct” as defined by IC 5-23-2-4 shall mean the process of building and assembling the Project Infrastructure. In other words, any offeror who may be selected for recommendation for the award of an agreement shall not be expected to finance, lease, acquire, operate, or maintain any of the Project Infrastructure as also allowed for under IC 5-23.

07/20/2026 First publication of notice of the RFP in The Indianapolis Star.

07/27/2026 Second publication of notice of the RFP in The Indianapolis Star.

07/30/2026* Pre-proposal meeting with prospective offerors.

08/05/2026** Deadline for submittal of written questions by 12:00 p.m.

08/10/2026 Answers to written questions posted to Purchasing Division website by 5:00 p.m.

08/21/2026 Deadline to submit proposals by 12:00 p.m.

09/30/2026 Notice of public hearing on recommendation to award public-private agreement published in The Indianapolis Star; proposals received in response to RFP and basis for recommendation available for inspection and copying.

10/07/2026 Public hearing before Indianapolis Board of Public Works (“the

Board”) to consider recommendation to award a public-private agreement to selected offeror.

*DPW will host a pre-proposal meeting to which all interested offerors are invited for the purpose of clarification to assure full understanding of and responsiveness to the requirements of this RFP. The meeting will be held in the T-260 Conference

Room located on the second floor of the City County Building at 200 E.

Washington Street, Indianapolis, Indiana 46204, beginning at 1:00 p.m. on July

30, 2026. All prospective offerors are strongly urged to attend.

**Prospective offerors may submit written questions concerning the RFP until

12:00 p.m. on August 5, 2026. Written questions may only be submitted on the form attached hereto as Exhibit D and must be submitted via e-mail to the following email address: Jamie.Davids-Mayhew@indy.gov. City will post answers to the written questions received by 5:00 p.m. on August 10, 2026 to the City Purchasing

Division’s official website at https://www.indy.gov/workflow/find-bid-opportunities under the appropriate project heading. Answers will not be sent directly to offerors. Offerors will be responsible for periodically checking this website for any related addenda up to and including the due date. Questions not transcribed onto the form as indicated above will not be accepted for review and response.

All offerors will be accorded fair and equal treatment with respect to any opportunity for discussion and revision of proposals; provided, however, other than the submittal of written questions and the attendance at the pre-proposal meeting, offerors shall not contact any City official, employee, or agent during the period from the issuance of this RFP until the public hearing to be held by the Board of Public Works to consider a recommendation to award an agreement.

The final scope, schedule, and costs of the Projects to be constructed as part of the Program are to be determined on a per-Project basis as the Projects are assigned to the selected offeror by

DPW under the public-private agreement.

After reviewing and scoring the proposals submitted in response to this RFP, City will select one (1) of the offerors as its desired firm for the Program. A recommendation to award a public-private agreement for the development and construction of the Projects to the selected offeror will then be made to the Board. If the Board approves DPW’s recommendation, the selected offeror will enter into a public-private agreement with DPW for administration and delivery of the

2026 Pedestrian Network Program, under which DPW will assign Projects to the selected offeror.

When a Project is assigned to the selected offeror by DPW under the agreement, the selected offeror will perform scoping for the Project, which will include, at a minimum, the following tasks:

1. Assessment of existing pedestrian assets (sidewalk, curb ramps, etc.) in the assigned

Project area;

2. Recording of asset conditions into a geospatial database;

3. Identification of damaged and/or non-compliant facilities in the assigned Project area;

4. Determination of design and construction work necessary to improve said damaged and/or non-compliant facilities.

After completing the scoping work for a Project, the selected offeror will respond to the assignment by submitting a proposal to DPW for the development and construction of the Project for a guaranteed maximum price (“GMP”). This proposal will include open-book pricing and a time schedule for the development and construction of the Project, and once the selected offeror and

DPW have agreed upon terms for a Project proposal, such proposal shall be incorporated into the public-private agreement between the parties.

The foregoing notwithstanding, the City reserves the right pursuant to IC 5-23-5-8 to terminate this RFP process at any time without making a recommendation to award an agreement to any offeror.

Pursuant to IC 5-23-5-6, the City will not disclose the contents of proposals received in response to this RFP prior to making a recommendation to the Board regarding the award of agreements, if any. If this RFP process is terminated without recommendation for an award as provided for above, then pursuant to IC 5-23-5-12 the City may, at its option, either return proposals to the offerors without disclosing the contents of the proposals, or it may retain the proposals in which case the contents thereof become subject to public disclosure.

All of the foregoing decisions by the City may be made at their sole discretion.

PROPOSAL FORMAT AND CONTENTS; SUBMITTAL

Proposals in response to this RFP must be submitted no later than 12:00 p.m. on August

21, 2026 by electronic mail in Adobe PDF format, to the following e-mail address: Jamie.Davids-

Mayhew@indy.gov. Proposals received after 12:00 p.m. on August 21, 2026 will not be considered.

Proposals shall not exceed 12 pages in length, and shall include the following:

• Letter of Interest and General Information (up to 1 page) o Provide a cover letter expressing the offeror’s interest in delivering the Program and including the offeror’s general information including name, principal office address, and contact information for a designated point of contact, including telephone number and e-mail address.

o Include a general overview of the offeror’s organization, including type of organization, company, overview, and an organizational chart. If the proposal is submitted by a team or joint venture, include such information for each member thereof. An organizational chart may be attached to the proposal, in which case it will not count against the page limit.

• Experience (up to 5 pages) o Describe the offeror’s experience working on construction projects with local government units in Indiana.

o Demonstrate the offeror’s experience with projects of similar scope and scale to the type of Projects anticipated as part of the Program. If a proposal is submitted by a single offeror, include a description of at least three (3) such projects that the offeror has successfully developed and constructed. If the proposal is submitted by a team or joint venture, include a description of at least one (1) such project that each member has successfully developed and constructed.

o Identify key members of the offeror who will work on the Projects, including a project manager with the availability, capacity, and experience to manage the

Projects. Resumés may be attached to the proposal, in which case they will not count against the page limit.

o Provide references. Provide the telephone number and e-mail address of a reference contact for each of the projects described above, as well as up to three (3) additional references.

• Financial Capacity (up to 1 page) o Demonstrate the offeror’s responsibility and financial ability to develop and construct the Projects in a timely and quality manner by providing information concerning the offeror’s general financial and credit condition, including bonding capacity.

o For guidance, the type of information that an offeror would submit in connection with a sealed bid on a typical design-bid-build project under the Indiana Public

Work Statute, IC 36-1-12, on the City’s Standard Questionnaire and Financial

Statement (City Form 102) or the State’s Contractor’s Bid for Public Work (State

Form 96) should be provided (such forms are available from the website of the

City’s Purchasing Division:

http://www.indy.gov/egov/city/ofm/purch/bids/pages/biddingopportunities.aspx.

• Project Approach & Project Manager (up to 4 pages) o Describe the offeror’s approach to developing and constructing the Projects in a timely and quality manner, including coordination with utility providers.

o Provide proposed development and construction timelines for Projects anticipated to be assigned under the Program.

o Provide a brief resume of the offeror’s project manager who is expected to work with the City in delivering the Program.

• XBE Participation (up to 1 page) o Describe the offeror’s commitment and approach to identifying subcontractors to carry out distinct portions of assigned Project work, including good faith efforts to comply with the City’s minority business enterprise (“XBE”) participation program

(the “XBE Program”). The XBE Program is described in Exhibit C to this RFP.2

Proposals need not contain detailed pricing information for Projects, as that will be refined and determined following the award of an agreement to the selected offeror. Offerors will not be required to submit a bid bond, certified check, or other evidence of financial responsibility with the proposal. City will not pay a stipend or otherwise reimburse offerors for the costs of preparing and submitting a proposal, and all such costs will be at the sole cost and expense of each offeror.

PROPOSAL EVALUATION CRITERIA

Proposals will be evaluated by a team comprising of officials from the City (the “RFP

Review Team”). Each member of the RFP Review Team will individually score each proposal on a scale of 0 to 100 based on his or her evaluation of the proposal, as follows:

Criterion Weighted Score

Experience: Offeror’s demonstrated experience developing and constructing public projects of similar scope and scale.

40%

Financial Capacity: Offeror’s demonstrated responsibility and financial ability to develop and construct the anticipated Projects in a timely and quality manner.

10%

Project Approach & Project Manager:

Offeror’s approach to developing and constructing the anticipated Projects, including proposed timelines.

40%

XBE Participation: Offeror’s commitment and approach to identifying XBE subcontractors to carry out distinct portions of

Project work. This criterion will be evaluated on a pass or fail basis.

10%

Total 100%

2 The information in Exhibit C is for information only. Offerors are not expected to complete any of the forms found in Exhibit C for inclusion in the proposal. And, while welcomed, offerors are not expected to identify actual XBE firms which will be subcontractors. Rather, offerors are expected to demonstrate their commitment to meeting the

City’s XBE goals and identifying its approach to doing so.

Thereafter, the RFP Review Team will hold one or more meetings to discuss the contents of the submitted proposals and the members’ individual scoring of each proposal, with the goal of identifying the highest scoring proposal, the offeror of which will be selected for recommendation to the Board of Public Works for the award of a public-private agreement. The scoring and deliberations of the members of the RFP Review Team are confidential.

ADDITIONAL TERMS

If an offeror finds conflicts, errors, discrepancies, or ambiguities in the RFP or any sample form, the offeror shall at once give written notice thereof to the City via this email address:

Jamie.Davids-Mayhew@indy.gov at least seven (7) consecutive calendar days prior to August 21, 2026. No offeror shall be allowed any extra compensation or time extension by reason of any conflict, error, discrepancy, or ambiguity of which the offeror had actual knowledge or reasonably should have known, and which offeror failed to report within the period and in the manner required herein.

Offerors will not be allowed to change or alter their proposals after the deadline for proposal submission. However, the City reserves the right to correct obvious errors. This type of correction may only be allowed for obvious errors such as arithmetic, typographical, or transposition errors. Any such corrections must be approved by the Purchasing Division and countersigned by the offeror. Offerors are advised to make sure that their proposals are true and correct when submitted. Offerors bearing proper authorization and identification may withdraw their proposal at any time prior to the submission deadline, revise the proposal and re-submit as long as the deadline is not breached.

City may allow an offeror’s representative, bearing proper authorization and identification, to sign for, receive, and withdraw the offeror’s unopened proposal prior to the submission deadline. Offerors wishing to modify their proposal may do so by withdrawing the initial submission and then submitting a modified proposal prior to the deadline.

This RFP, any subsequent addenda, and any other required terms will be incorporated by reference and made a part of any resulting agreement. The information supplied by an offeror as part of a proposal will become the property of the City. Proposals will be available to interested parties in accordance with the Indiana Access to Public Records Act (IC 5143). None of the proposals will be made available to the public until after the execution of an agreement or cancellation of the RFP unless the City is required to disclose them (a) in litigation or (b) in response to a government investigation.

Pursuant to the Indiana Access to Public Records Act (APRA) IC 5-14-3 et. al and the

City Revised Code Sec. 141-105, all submitted documents, responses, proposals, and resulting contractual agreements shall be public records subject to disclosure upon request and may be posted to the City’s website.

If an offeror believes that any information in offeror’s proposal is subject to non-disclosure pursuant to IC 5-14-3-4(a), the offeror must:

a. request in writing that the City treat the specific information as confidential;

b. assert in writing the proper statutory provision(s) exempting the specific proposal provisions from disclosure, such as the exemption of trade secret information under IC 5-

14-3-4(a)(4) or the exemption confidential financial information of a person under IC 5-

14-3-4(a)(5), and provide a brief explanation of the basis for such assertion(s);

c. place the information for which confidential treatment is sought in a sealed envelope, labeled as “Request to Maintain as Confidential” and deliver to the City; and

d. to the extent that the information for which confidential treatment is sought is contained in a document that also contains non-confidential information, the offeror shall also provide a redacted version at the time of submitting the proposal.

The Offeror(s) shall make a request for confidential treatment of certain information within the proposal at least seven (7) consecutive calendar days prior to August 21, 2026. If the City does not agree that information requested for confidential treatment is in fact confidential under the APRA, the offeror will be notified and afforded reasonable time to present additional justification prior to release of the information. The City reserves the right to make the final determination in accordance with the law. If the City, in its final determination, does not agree that the information is confidential under APRA, the offeror will be allowed to either withdraw its proposal or proceed with the RFP process with the information in the proposal being considered disclosable. In keeping with the above, note that “document footers or statements” suggesting that the entire proposal is “confidential or proprietary” are not acceptable and may be disregarded by the City. Note: Pricing information supplied in a proposal or any other part of the proposal shall not be considered confidential.

[End of RFP]

EXHIBIT A

TO

CITY OF INDIANAPOLIS

REQUEST FOR PROPOSALS

RFP-14DPW-1819

PERFORMANCE REQUIREMENTS

The intent of this Program is to construct pedestrian facilities such as sidewalks and curb ramps but could include incidental items such as crosswalk striping, signage, or pedestrian signal equipment.

These Projects could be at locations where pedestrian facilities already exist and have become damaged, unusable, or are undesirable to the City in some way or they could also be locations where no pedestrian facilities have existed previously, but adequate right-of-way or other agreements exist and the City wishes to add pedestrian facilities.

All Infrastructure installed must comply with the Americans with Disabilities Act (ADA) and the

Public Right-of-Way Accessibility Guidelines (PROWAG). Pedestrian facilities or other infrastructure installed under this contract that is not in compliance with either of the above two statutes is subject to non-payment.

Additionally, Infrastructure installed shall comply with the following documents in order of listing

1. General conditions

2. City of Indianapolis Standards and Specifications

3. INDOT Standard Drawings

4. INDOT Supplemental Specifications

5. INDOT Standard Specifications

During the development and construction of projects, considerations shall be made so that the new

Infrastructure does not inhibit mowing or other maintenance equipment from gaining access such as tall curbs that cannot be mounted by a riding lawn-mower.

In areas where water runoff crosses existing pedestrian facilities or new pedestrian facilities are to be installed across a drainage conveyance, or otherwise block water on its flow path towards such drainage elements, considerations shall be made as to not inhibit the water or otherwise block its flow. Infrastructure installed the creates standing water or other drainage issues is subject to non-payment.

The Vendor shall provide all maintenance of traffic (MOT), resident notification, and access management necessary to safely complete development and construction of the Infrastructure for each Project. A minimum 72-hour advance notice shall be provided to affected residents prior to construction activities. Emergency and service access shall be maintained at all times.

EXHIBIT B

TO

CITY OF INDIANAPOLIS

REQUEST FOR PROPOSALS

2026 PEDESTRIAN NETWORK PROJECT PROGRAM

RFP-14DPW-1819

LOCAL REQUIREMENTS

Contractors performing public works projects on behalf of the City of Indianapolis shall adhere to the following

1. Contractor shall certify for itself and all its subcontractors compliance with existing laws of the City of Indianapolis, the State of Indiana and the United States regarding (a) prohibition of discrimination in employment practices on the basis of race, sex, disability, religion, national origin, disabled veteran status and Vietnam-era veteran status; and (b) the utilization of Minority, Women, Veteran, and Disability-Owned Business Enterprises.

2. Contractor shall certify that it (a) has formulated its own Affirmative Action Plan for the recruitment, training and employment of minorities, women, and veterans, including goals and timetables; and (b) strongly encourages the use of small businesses, minority-owned businesses, women-owned businesses, veteran-owned, and disability-owned businesses in its operation. Contractor agrees to provide its Affirmative Action Plan as submitted to and approved by the City of Indianapolis, Office of Minority & Women Business Development

(OMWBD), together with any and all other documents and forms as may be prescribed by

OMWBD to establish, confirm, or otherwise fulfill requirements for Equal Opportunity

Compliance.

3. Contractor shall make a good faith effort to meet the City’s MBE/WBE/VBE/DOBE participation goals and shall certify that all information it submits to OMWBD regarding

MBE/WBE/VBE/DOBE utilization, program compliance, or in an application for waiver of program goals is true and accurate. Contractor shall agree to notify OMWBD immediately in the event there is any change in its MBE/WBE/VBE/DOBE utilization or compliance during the course of the project.

4. Contractor shall, upon request of the City, make available its policies, practices, and standards for the hiring of applicants, except as prohibited under IC 22-2-17-3, to the extent such information is related to the provision of services by Contractor.

5. Contractor shall certify that no employee, contract employee, or sub-contractor of Bidder:

5.1 Participated in any way in the solicitation, negotiation, or awarding of the contract while previously employed by an agency of the City of Indianapolis or Marion

County for a period of one (1) year prior to the execution of the resulting contract;

5.2 For a period of one (1) year after such employee ceased supervising the administration or performance of the contract on behalf of an agency of the City of Indianapolis or

Marion County, shall perform functions on behalf of Contractor under the contract with respect to the agency, unless the employee’s former agency has consented to the employee’s performance for Contractor in writing;

5.3 Has violated any provision of Chapter 293 of the Revised Code of the Consolidated

City of Indianapolis and Marion County (the “Code”) regarding the solicitation, negotiation, awarding, or performance of the contract;

5.4 Is currently an official or deputy mayor of, or has appointing authority to, any agency of the City of Indianapolis or Marion County; and

5.5 Was previously employed by the City of Indianapolis or Marion County within one (1) year of the contract and currently has the performance of lobbying activity (as that term is defined in Section 909-101 of the Code) related to an agency or an official as a responsibility of his or her employment or contractual relationship with Contractor.

6. Contractor shall certify that:

6.1 Contractor is eligible to do business in the State of Indiana;

6.2 Contractor’s labor force participates in apprenticeship or training programs approved by and registered with the United States Department of Labor’s Office of

Apprenticeship, or its successor organization;

6.3 Contractor has implemented an employee drug testing plan that meets, or exceeds, the requirements set forth in IC 36-1-12-24;

6.4 Contractor will utilize project managers and superintendents with sufficient relevant management experience to complete the scope of work;

6.5 Contractor and its management personnel possess any and all professional trade licenses required by law for any trade or specialty area in which Contractor is performing work, said licensures have not been suspended or revoked within the previous five (5) years;

6.6 Contractor is utilizing a surety company which is on the United States Department of

Treasury’s listing of approved sureties; and

6.7 For contracts estimated to be over $300,000.00, that Contractor and any subcontractors expected to be awarded at least $300,000.00 work of work on the project are qualified under IC 4-13.6-4 or IC 8-23-10.

7. Contractor shall provide any determinations by a court or government agency for violations of federal, state, or local laws including but not limited to violations of contracting or antitrust laws, tax or licensing laws, environmental laws, the Occupational and Safety and Health Act

(“OSHA”), or federal Davis-Bacon and related acts.

8. Contractor shall provide a statement describing Contractor’s full-time staffing capabilities and intended additional labor (skilled labor and unskilled labor), sources from which labor will be derived on this public works project.

9. Contractor shall provide a statement listing and describing any federal, state, or local tax liens or tax delinquencies owed to any federal, state, or local taxing body in the last 5 years.

10. Pursuant to IC 4-13-18-5, Contractor must submit a written plan for a program to test the

Contractor’s employees for drugs. A Contractor that is subject to a collective bargaining agreement that establishes an employee drug testing program shall only submit a copy of the relevant part of the collective bargaining agreement establishing the program.

11. Contractor’s signatory shall sign an affidavit under oath to the effect that Contractor has not directly or indirectly entered into a combination, collusion, undertaking or agreement with any other person (i) relative to the price(s) proposed for the project to be bid or offered by another person, or (ii) to prevent any person from making an offer, or (iii) to induce a person to refrain from making an offer and, furthermore, that Contractor’s proposal and final and best offer are made without reference to any other proposal or offer without agreement, understanding or combination, either directly or indirectly, with any persons with reference to such proposals or offers in any way or manner whatsoever.

12. Pursuant to IC 22-5-1.7-11.1, Contractor shall enroll in and verify the work eligibility status of all its newly hired employees through the E-Verify program. Contractor is not required to verify the work eligibility status of all its newly hired employees through the E-Verify program if the

E-Verify program no longer exists. Contractor shall certify that Contractor does not knowingly employ an unauthorized alien and that prior to entering into an agreement with the City for this project it will enroll in and agree to verify the work eligibility status of all its newly hired employees through the E-Verify program.

13. Contractor shall certify that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from or ineligible for participation in any Federal assistance program by any Federal department or agency, or by any department, agency, or political subdivision of the State of Indiana. The term “principal” for purposes of this Agreement means an officer, director, owner, partner, key employee, or other person with primary management or supervisory responsibilities, or a person who has a critical influence on or substantive control over the operations of Contractor.

13.1 Contractor shall agree to provide immediate written notice to the City if, at any time after entering into an agreement with the City, Contractor learns that its certifications were erroneous when submitted, or Contractor is debarred, suspended, proposed for debarment, declared ineligible, has been included on a list or received notice of intent to include on a list created pursuant to IC 5-22-16.5, voluntarily excluded from or becomes ineligible for participation in any Federal assistance program. Any such event shall be cause for termination of the agreement.

13.2 Contractor shall not subcontract with any party which is debarred or suspended or is otherwise excluded from or ineligible for participation in any Federal assistance programs by any Federal department or agency, or by any department, agency, or political subdivision of the State of Indiana.

14. Contractor shall agree to report, and shall require its subcontractors to report, all complaints or adverse determinations of Wage Theft or Payroll Fraud against the Contractor or its subcontractors to the City’s Office of Finance and Management within thirty (30) days of notification of the complaint or adverse determination. If an adverse decision is rendered against the Contractor with respect to services provided to the City, the City may terminate the agreement or seek other remedies. Contractor shall affirm under the penalties of perjury that

Contractor has not had any adverse determinations rendered against the Contractor within the preceding three (3) years.

15. Contractor agrees to indemnify, defend, and hold harmless the City of Indianapolis, Marion

County and their respective officers, agents, officials and employees for any and all third party claims, actions, causes of action, judgments and liens to the extent they arise out of any negligent or wrongful act or omission or breach of any provision of an agreement with the City by Contractor or any of its officers, agents, employees or subcontractors regardless of whether or not it is caused in part by the negligence of a party indemnified hereunder. Such indemnity shall include attorney’s fees and all costs and other expenses arising therefrom or incurred in connection therewith and shall not be limited by reason of the enumeration of any insurance coverage in an agreement. The City shall not provide such indemnification to Contractor, provided, however, that Contractor shall be relieved of its indemnification obligation to the extent any injury, damage, death, or loss is attributable to the acts or omissions of the City.

16. Contractor shall, as a condition precedent to entering into an agreement with the City, purchase and thereafter maintain workers’ compensation insurance in an amount required by statute, as well as such insurance as will protect it and the City from the claims for damages because of bodily injury and personal injury, including death. Property damage, contractual liability, employer’s liability, auto liability, builder’s risk, products/completed operations, and excess liability which may arise out of or result from Contractor’s operations under the agreement, whether such operations be by Contractor or by its subcontractors or by anyone directly or indirectly employed by any of them, or by anyone directly for whose acts any of them may be liable, in amounts satisfactory to the City. Certificates of Insurance naming the Consolidated

City of Indianapolis and Marion County as an “additional insured” on liability coverages showing such coverage then in force shall be filed with the City prior to commencement of any work. The coverages afforded under the policies shall not be cancelled or not renewed until at least thirty (30) days after written notice has been given to the City. If any such coverage is cancelled, then Contractor shall obtain a new insurance policy of similar coverage and send proof of the replacement coverage to the City.

17. If funds for the continued fulfillment of the agreement by the City are at any time insufficient or not forthcoming through failure of any entity to appropriate funds or otherwise, then the City shall have the right to terminate the agreement without penalty by giving written notice documenting the lack of funding, in which instance the agreement shall terminate and become null and void on the last day of the fiscal period for which appropriations were received. The

City agrees that it will make its best efforts to obtain sufficient funds, including but not limited to, requesting in its budget for each fiscal period during the term hereof sufficient funds to meet its obligations hereunder in full.

EXHIBIT C

TO

CITY OF INDIANAPOLIS

REQUEST FOR PROPOSALS

2026 PEDESTRIAN NETWORK PROJECT PROGRAM

XBE PARTICIPATION REQUIREMENTS

1. It is the policy of the Consolidated City of Indianapolis (the “City”) that Minority Business

Enterprises (MBE), Women Business Enterprises (WBE), Veteran Business Enterprises

(VBE) and Disability-Owned Business Enterprises (DOBE) shall have the maximum feasible opportunity to participate in the performance of contracts. Consequently, the Owner has established the following percentage goals for City certified MBE, WBE, VBE, and DOBE participation on this Project, based on the contract price as awarded:

MBE: fifteen percent (15%);

WBE: eight percent (8%);

VBE: three percent (3%); and

DOBE: one percent (1%).

2. Initial evaluation and review of an offeror’s compliance with the requirements set forth herein in respect of MBE/WBE/VBE/DOBE participation, including review of documentation and information submitted by offerors, shall be undertaken by the

OMWBD.

3. (a) If shortlisted, offerors shall complete the Itemized Proposal and Declarations form to disclose the status of its ability to meet the MBE/WBE/VBE/DOBE goals as of the date that it makes its final and best offer. A copy of that form may be found at the end of this

Attachment.

(b) Any offeror who cannot not meet a project goal must petition OMWBD for relief from that goal by filing an application for a waiver. The application for the waiver shall show with detailed documentation all good faith efforts that were made by the offeror for the purpose of fulfilling the project goal and to assure that MBE, WBE VBE, and DOBE firms are used as sources of supplies, equipment, construction, and services. The Application for

MBE/WBE/VBE/DOBE Program Waiver form may be requested from OMWBD at 1260

City County Building, 200 East Washington Street, Indianapolis, Indiana 46204

(telephone:(317) 327-5262), or found at:

http://www.indy.gov/eGov/City/DMWBD/MBE-WBE-

VBE/Pages/FormsandResources.aspx

(c) Examples of good faith efforts for MBE/WBE/VBE/DOBE shall include, at a minimum, all of the following (resources for good faith efforts can be located under 49

CFR § 26.53c):

(i) Documentation/Delivery of any advertising that the offeror performed in search for prospective MBEs, WBEs, VBEs, and DOBE for the contract in general circulation, trade, and minority-focused media.

(ii) Documentation/Delivery of any written notifications that the offeror (A) provided to City certified MBE/WBE/VBE/DOBEs notifying them of contracting opportunities in sufficient time to allow them to participate, and

(B) to minority business assistance agencies for the purpose of locating prospective MBEs, WBEs, VBEs, and DOBEs for the contract.

Documentation must also include written notification to OMWBD for assistance in locating prospective MBEs, WBEs, VBEs, and DOBEs for the contract.

(iii) Documentation/Delivery of the offeror’s efforts to select portions of the work to be performed by MBE/WBE/VBE/DOBEs in order to increase the likelihood of achieving the stated goals, including the division of contracts into economically feasible units to facilitate participation (including work that they would self-perform otherwise).

(iv) Documentation/Delivery of direct contact and negotiations with

MBE/WBE/VBE/DOBEs and/or partnerships for specific sub-bids, including at a minimum the following information:

A. The names, addresses and telephone numbers of

MBE/WBE/VBE/DOBEs that were contacted;

B. A description of the information provided to MBE/WBE/VBE/DOBEs regarding the plans and specifications for portions of the work to be performed;

C. A statement of why prospective agreements with

MBE/WBE/VBE/DOBEs were not reached.

(v) Documentation of technical assistance provided to

MBE/WBE/VBE/DOBEs for obtaining bonding insurance or a needed line of credit for the project.

(vi) Documentation/Delivery relevant to any other efforts the Bidder has made to assist MBEs, WBEs, VBE and DOBEs in overcoming the traditional barriers of participation in the industry affected by the contract.

(vii) Documentation of efforts to research other possible areas of participation, including, but not limited to, any of the following:

A. Suppliers;

B. Shipping or transport enterprises;

C. Engineering enterprises; and

D. Any other role that may contribute to the production and delivery of the product or service specified in the contract.

(viii) Documentation of efforts for the offeror to use subcontractors and suppliers with which they have never worked.

(d) Offerors shall maintain adequate records of all relevant data with respect to the utilization and attempted utilization of MBEs, WBEs, VBEs, and DOBEs and shall provide full access to these records to the City upon its request to inspect them.

4. An offeror which is recommended for award of an agreement shall, within three (3) business days after notification by the City, provide the application for Program Waiver (if all goals as set out above will not be met), and any supporting documentation deemed necessary by OMWBD to demonstrate utilization of good faith efforts to achieve or maximize MBE/WBE/VBE/DOBE, participation goal levels, which shall serve as an additional condition to the recommendation to award being brought before the Board of

Public Works for approval.

5. The decision of the City concerning whether or not an offeror has satisfactorily demonstrated good faith efforts shall be conclusive and binding.

6. Where an offeror proposes to utilize a MBE/WBE/VBE/DOBE that has not been certified as such by OMWBD, such MBE/WBE/VBE/DOBE must become certified by OMWBD to count toward attainment of the MBE/WBE/VBE/DOBE goals for the project.

MBE/WBE/VBE/DOBEs may obtain copies of Certification Standards and the

Certification Application from OMWBD.

7. For the purposes of determining the degree of participation for MBEs, WBEs VBEs, or

DOBEs operating as participants in joint ventures, as subcontractors, or as suppliers, the following methodology shall be utilized:

(i) A joint venture offeror consisting of one or more MBE/WBE/VBE/DOBE parties will be credited with MBE/WBE/VBE/DOBE participation on the basis of percentage of the dollar amount of the work to be performed by the MBE/WBE/VBE/DOBE. For example, if such joint venture proposes to perform fifty percent (50%) of the dollar amount of the work quoted at $1,000,000 and fifty percent (50%) of the work is to be performed by the

MBE/WBE/VBE/DOBE joint venture partner, MBE/WBE/VBE/DOBE participation will be credited as thirty percent (30%) of the work or $300,000.

(ii) An offeror will receive sixty percent (60%) toward goal attainment for the use of minority suppliers who are not manufacturers, i.e., where an offeror proposes to purchase

$100,000 worth of construction materials from a minority supplier who did not manufacture the materials, $60,000 will be credited toward the offeror’s minority participation goal. However, where the minority supplier is the manufacturer of the product supplied, the offeror will receive MBE/WBE/VBE/DOBE credit of one hundred percent

(100%) of the dollar amount of the supply contract.

8. The City may, at any time before or after award, require the offeror/contractor to submit additional information to OMWBD regarding MBE, WBE, VBE, or DOBE certification and utilization. Such information may include but not be limited to: (i) copies of all executed agreements for each MBE/WBE/VBE/DOBE enterprise engaged to satisfy the participation goals, showing the name and address of the MBE/WBE/VBE/DOBE, (ii) the scope of work to be performed, (iii) the dollar value of work to be performed or furnished by each proposed MBE/WBE/VBE/DOBE subcontractor or MBE/WBE/VBE/DOBE joint venture partner, (iv) acknowledgment and acceptance of the agreement by the

MBE/WBE/VBE/DOBE, and (vi) monthly utilization payment reports with each monthly application for payment using the Subcontractor/Supplier Payment Report, Form SSPR-1.

9. Post award compliance procedures shall be met as provided in the MBE/WBE/VBE DOBE

Business Utilization Plan of the City of Indianapolis, available from the OMWBD. Failure to comply with the MBE/WBE/VBE/DOBE provisions of the contract may result in one or more of the following sanctions: cancellation, termination or suspension of any contracts, or any portion(s) thereof, including but not limited to withholding any progress payment or any other monies payable or due under the contract, and/or inclusion on the

City’s list of contractors or vendors who are non-responsible due to

MBE/WBE/VBE/DOBE violations, meaning offerors would not be eligible to do work for the City for a specified period. In the event of breach, the City may also exercise its rights under Ind. Code § 5-16-6.5-5 or pursue any other legal or administrative remedies available to the City.

MBE/WBE/VBE/DOBE PARTICIPATION GOALS PLAN FOR

CONSTRUCTION, GOODS/SUPPLIES, AND SERVICES

Submittal Due Date: Project/Contract Number:

Project/Contract Name: Bidder:

Contact Name: Bidder Address:

Bidder Phone: Bidder E-mail Address:

Bidder is is not a City-certified MBE/WBE/VBE/DOBE and will self-perform % of the total contract amount.

Does an exclusive contract or agreement exist between the bidder and any subcontractor/supplier listed?

□Yes □ No If yes, please explain):

Provide names of MBE/WBE/VBE/DOBE sub-contractors/suppliers with which bidder has not previously worked (if any):

If Bidder is awarded this contract, the MBE/WBE/VBE/DOBE City certified firms listed below will be utilized in the performance of the contract as a subcontractor/supplier.

Full Legal Name of Firm

MBE,

WBE,

VBE,

or

DOBE

Contact

Person

Phone # Description of Work

Dollar Amount

% of

Total

Contract

Amount

Bidder must submit an Application for MBE/WBE/VBE/DOBE Program Waiver if it fails to meet the required utilization goals for the contract. Failure to provide the application for waiver as a post-bid submittal will result in the disqualification and rejection of the bid/proposal.

It is the policy of the City that bidder requirements which prevent subcontractors/suppliers from bidding as subcontractors on multiple bids is not permitted. Violation of this policy will result in the disqualification and rejection of the bid/proposal.

Bidder’s Signature:

Bidder’s Name:

Date:

OMWBD 2020

EXHIBIT D

TO

CITY OF INDIANAPOLIS

REQUEST FOR PROPOSALS

CW-26-005 2026 PEDESTRIAN NETWORK PROGRAM

STANDARD FORM FOR SUBMISSION OF WRITTEN QUESTIONS

Format

Any RFI must be submitted in the form of, and include all information required by, this “Proposer Request for Information” form and emailed to Jamie.Davids-Mayhew@indy.gov as identified in the RFP. Each RFI submitted on this Form must indicate whether the RFI is a Priority A, B, or C RFI. A “Priority A” RFI indicates a critical or go/no-go issue of significant concern that may preclude the Proposer from submitting a Proposal. A “Priority B” RFI indicates a risk-sharing issue that affects value for money; and a “Priority

C” RFI indicates a minor or drafting issue.

No. Document Section # Page #

Priority

(A, B, C)

Comment or Question

*Use additional pages and attach riders and/or redlined documents, as required

All RFIs shall:

(a) be sequentially numbered;

(b) identify the document (i.e., RFP, construction plans, etc.);

(c) identify the relevant section number (as-appropriate);

(d) identify the relevant page number; and

(e) not identify the Proposer’s identity in the body of the question.