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Understanding INDOT-LPA and LPA-Consultant Contracts

This guide explains the INDOT-LPA Contract and LPA-Consultant Contract breakdowns, essential sections, and contracting methods for successful project implementation. Learn about project descriptions, responsibilities, payment methods, and more. Access helpful examples and resources to navigate contract negotiations effectively.

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Understanding INDOT-LPA and LPA-Consultant Contracts

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  1. ERC Recertification Summer 2014

  2. Federal-aid Program Contracts

  3. INDOT-LPA Contract • Stewardship & Oversight Agreement: INDOT & FHWA • FHWA & INDOT are jointly responsible for how the Federal-aid program is developed and implemented. • INDOT, acting on behalf of FHWA, is expected to exercise judgments similar to FHWA based on Federal laws, regulations and policies.

  4. INDOT-LPA Contract • INDOT-LPA Contract • This contract states agreement between both parties on: • Project description • LPA Responsibilities, rights & duties • INDOT Responsibilities, rights & duties • Project Funds • Terms & Schedule • General Provisions & compliance

  5. INDOT-LPA Contract • When does this happen? • Contract Breakdown • Sections I-VI • Attachments A-D

  6. INDOT-LPA Contract • Section I • Section II • Section III

  7. INDOT-LPA Contract • Section IV • Section V

  8. INDOT-LPA Contract • Section VI • A-T provisions outlined in contract • Some highlights to be aware of: • Access to records • Audits • Compliance • Disputes • Non-discrimination (ADA, DBE)

  9. INDOT-LPA Contract • Attachment A- Project Description • Attachment B- LPA’s Rights and Duties • Attachment C- INDOT’s Rights and Duties • Attachment D- Project Funds When can I start my project?

  10. LPA-Consultant Contract What YOU need to know! Hiring a consultant through competitive negotiation:

  11. LPA-Consultant Contract • Objectives 1. Ability to understand the various types of contracts and their elements. 2. Empower YOU to successfully negotiate a contract. • $$$ • Schedule • Appropriate for the project

  12. LPA-Consultant Contract • Items to cover: • Contracting sequence • Contract compensation methods • Contract review checklist • Consultant prequalification letter • Profit calculation worksheet • Compensation/escalation value

  13. LPA-Consultant Contract • LPA Contracting Sequence • District Local Program Director reviews and advertises RFP. • When advertising is complete, ERC requests Past Performance Data for any Letters of Interest (LOIs) received.

  14. LPA-Consultant Contract • LPA Contracting Sequence, cont’d.

  15. LPA-Consultant Contract • LPA Contracting Sequence, cont’d.

  16. LPA-Consultant Contract • Contract Compensation Methods • Lump sum • Negotiated labor rate • Cost Plus Fixed Fee (CPFF) • Unit price • Cost plus % of cost is prohibited by Indiana Code and Federal Regulations

  17. LPA-Consultant Contract • Lump Sum • Good method to use when the scope of work is well-defined and when there is confidence in level of effort required. • Not acceptable for construction inspection.

  18. LPA-Consultant Contract EXAMPLE #1: See handout: “Lump Sum: Appendix D”

  19. LPA-Consultant Contract • Negotiated Labor Rate • Acceptable method to use when the scope is not well-defined, or when the consultant is not in control of the level of effort. • Typically used for construction inspection.

  20. LPA-Consultant Contract EXAMPLE #2: See handout: “Negotiated Labor Rate: Appendix D”

  21. LPA-Consultant Contract • Cost Plus Fixed Fee • Acceptable method to use when the scope is well-defined but there is a lower degree of confidence in the level of effort required. • Consultants must have full CPA Audit or Cognizant Audit prequalification financial approval to use this method.

  22. LPA-Consultant Contract EXAMPLE #3: See handout: “Cost + Fixed Fee: Appendix D”

  23. LPA-Consultant Contract • Unit Price • Good method for use with repetitive well-defined units of work. • Typically used for geotechnical and right-of-way (ROW) services. • INDOT approved unit price rates for ROW services are available on the INDOT website.

  24. LPA-Consultant Contract EXAMPLE #4: See handout: “Unit Price”

  25. LPA-Consultant Contract • Advice about use of multiple methods • Lump sum and hourly compensation elements should not be mixed in a contract unless the methods would be applied during different defined time periods or when there is no overlap in the staff who will be performing the work elements.

  26. LPA-Consultant Contract • Consultant Contract Review Checklist • Go to: http://www.in.gov/indot/index.htm • Click: Doing Business with INDOT • Click: LPA & Grants Administration • Click: LPA Consultant Selection • Under: Forms • Select: Consultant Contract Review Checklist

  27. LPA-Consultant Contract EXAMPLE #5: See handout: “LPA-Consultant Contract Review Checklist”

  28. LPA-Consultant Contract EXAMPLE #6: See handout: “Consultant Prequalification Letter”

  29. LPA-Consultant Contract EXAMPLE #7: See handout: “Consultant Contracts Profit Calculation Worksheet”

  30. LPA-Consultant Contract • Escalation values for INDOT consultant contracts: • Go to: http://www.in.gov/indot/index.htm • Click on: Doing Business with INDOT • Highlight: Consultants/Pre-construction • Click on: Proposals & Contracts • Under: Contract Compensation Information • Select: Employment Cost Index (ECI) Rates

  31. LPA-Consultant Contract EXAMPLE #8: See handout: “Escalation Values for INDOT Consultant Contracts”

  32. LPA-Consultant Contract • Real estate fee schedules: • Go to: http://www.in.gov/indot/index.htm • Click on: Doing Business with INDOT • Highlight: Consultants/Pre-construction • Click on: Proposals & Contracts • Under Contract Compensation Information • Select: Current Real Estate Fee Schedules

  33. LPA-Consultant Contract EXAMPLE #9: See handout: “Increase in State Mileage Reimbursement Rate”

  34. Common Errors EXAMPLE #10: See handout: “Match App. D”

  35. Common Errors EXAMPLE #11: See handout: “Appendix A”

  36. Common Errors EXAMPLE #12: See handout: “Appendix B”

  37. Common Errors EXAMPLE #13: See handout: “Appendix C”

  38. Common Errors EXAMPLE #14: See handout: “Appendix D”

  39. LPA-Consultant Contract FAQs • How does the state negotiate consultant contracts? • If I don’t know anything about negotiating, who can I talk to? • If I include a work type on an RFP that ends up not being used, is that a problem? What if I don’t include one I end up needing? • What are some things I should be aware of in a consultant contract?

  40. Federal-Aid Program Contracts • KEY TAKEAWAYS: • INDOT-LPA Contract • MEETING YOUR SCHEDULE IS IMPORTANT! • Attachments A-D- specific to your project • LPA-Consultant Contract • Different types of contracts • Following the RFP process is important- audits WILL happen after your project • You have the right to negotiate • Confused? Ask for help.

  41. Local Quarterly Report (LQR)

  42. Local Quarterly Report https://itap.indot.in.gov

  43. Local Quarterly Report

  44. Local Quarterly Report

  45. Local Quarterly Report

  46. Local Quarterly Report

  47. Local Quarterly Report

  48. Local Quarterly Report

  49. Local Quarterly Report

  50. Local Quarterly Report

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