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HomeMy Public PortalAbout043-2012 - Engineering - Beam, Longest and Neff L.L.C. - ManorVersion 11-29-11 LPA - CONSULTING,CONTRACT This Contract ("this Contract") is made and cntered iilto effective as ofmo- , 24 / a' ("Effective Date") by and between the City of Richmond„ ;idiana, acting by and through its proper officials ("LOCAL PUBLIC AGENCY" or "LPA"), and Beam, Longest and Neff, L.L.C. ("the CONSULTANT"), [a corporationflimited liability company organized under the laws of the State of Indiana]. Iles. No.: 1173174 Project Description: Extension of Manor Drive from Dillon Drive to Catalpa Drive RECITALS WHEREAS, die LPA has entered into an agreement to utilize federal monies with the Indiana Department of Transportation CINDOT") 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 ] UR-NISIIED. BY THE LVA-- The information and services to be furnished by the I,��: 'are set out in Appendix "B" rvhieh is herein attached to and made an integral part of this Contract. SECT .IGN III TERM. The term of this Conitaot: shall be from the date of the last signature affixed to this Cantracf to the completion of the construction centract which :is estimated to be 200. A schedule for completion of the Sera cps and deliverables its set forth in Appendix "C" which is herein attached to and made an integral part of1bis Contract. SECTION IV CO.IVIPENSATION: The LPA shall pay tiie CONSULTANT for the Services performed under this Contract as set forth it Appcndiy, "D'which is herein attached to and niade an integral part of this Contract. The maximum artiount payable under this Contract shall not exceed SNU80.00. SEC'�IOAI V NO TIC T PROCEED All]? SCHEDU-LE,: The CONSiIL3A 1'Y' s]zaTl begin the work tbmbe per#'or►ncd ondl r*s Goiitraot ority upnti receipt of the wr'iuen nonce ta:proceed from the LPA, and shall'clel ver (lipwork to; the LPA in accordance with. the schedule contained in Aj �6ddix "C" which is .herein. -attached -o mid Made: an. integral part:of-this Contract. Contract: No. 43-2012 Version I1-29-11 SECTION VI GENERAL PROVISIONS 3. 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 l`HWA. The CONSULTANT agrees that, upon request by any agency participating in federally -assisted programs with whom the CONSULTANT has -conducted 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 ifs 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 payrneiit 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 ("i313E") SUB -CONSULTANT must first be approved and receive written authorization from the LPA and INDOT's Economic Opportunity Division Director;. 3. AudiL 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 M, part 31 and audit guidelines specified by the State and/or in accordance with audit requirements specified elsewhere in this Coritt"act, 4. Authority to, Bind Consultant. The CONSULTANT warrants that it has the necessary attthority to eirtct into; thEs Contract. The signatory for the CONSULTANT represents that he/she eras been duly authorized to execute this Contract on behalf of the CONSUL TANT and has , btaihed all necessary :or applica'hie approval to inakc this Contract filly binding -upon the CONSULTANT when his/her signature is affixed hereto. 5. Cei`tifieation for.&Amal-Aid Contracts LGbIbying Activities. A. The. CONSULTANT certifiea, by signing and submitting this Contract, to the best of its knowledge aAd belief; after diligent inquiry, and other than as dfselosed in wrrtuig to. the LPA priot #o or coziten pora u ly with the execution and delivery. of this +Contract by the CONSULTANT, the CONSULTANT.has cwnnpiied with Section 1.352, 'Title 31, U-:S.Code, arid-s MO, -ally; that: i. 1`ro federal appropriated funds have 'been paid, or `will be paid, by or on behalf :of the COJ SUL TA.laf3 to atiy sersotr for.;influencing.or attan�pt+n to ittFluence an officer or employee of ally federal agency,, a,111(tnber of CtitTgr s,: air of icier ar ertrplayee for grass, or an>employee. Of a l leitiber of Congress in -connection with the avfardir `of any;eticra`l contracts, time. making. of any. ecleral: grant, the_ malelrig of airy federal' loanx Elie entering into of any �ooperatiue agreement, and.: the extettsi¢ri; Conttr<tiatifoit, renewal, ameridmen#. ar madi?J cation of any federal contract, grant, loan, or aotsperat3ve>agreement. 2 Version 11-29-11 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 thiscertification 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. b. Chan es in Worts. 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. 'l.l q 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 ardinances, 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 enaustment of any state or federal statute, or the prorntalgafion of regula..tions 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 drat; to the best of the CONSULTANT'S knowledge and betief.after diligent inquiry;arid;other than as disclosed in writing to the LPA prior to or ,contemporaneously with die:e;peption and delivery. 0f this. Contract by the CONSULTANT: State ofindiana.4ctions. The CONSULTANT has. no current or outstanding criminal, civil, or enforcement actions initiated by thestate of Indiana pending andagrees that it will immediately notify the LPA of any wr, actti s.. During the term of such actions, CONSULTANT agrees that: the LPA may delay; wi_thhold,. or deny work tinder any suppiemetit or amendment; change order or:, other contractual device issued pursuant to this Contract. t Professional Licensing Standards; The CONSULTANT, its employees and SUBCONSULTANTS have complied With.atid'shall continue to cornplywiih all appliQ44.1 ticensi:t g standards, certification statdards, accrediting standards.and any other laws;: rules 'or. regulations governing services to be provided by rite CONSULTANT pursuant to tlrls: Contract iii: arkS,vec{f &.#agards. The CONSULTANT and its SUB -CONSULTANTS, it any, have obtazttedt_Will obtaxti at►dlar will rttatntatrt all required permits, licenses, registrations ancTenwironmettta statutes, ruTS,_._ and approvais, as Cvell as Damply with all:ttealtlt, safety, or regulations hi the perfom.uhce of work aEtivities for the Li?A. Secr..etary af5-tate t OgWrurion, if the CONSULTANT is an entity described in:IC Title it Es prpefly igistercd arrd tr�fes nout$tndirtg:te. ports wii the Indiana Seeetafy of Statc> 3 Version 11-29-11 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 tear "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 SeNkes. vi. Debarment and Suspension ofany SUR-00NSUl.?.41VTS• 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 departmert, agency or political subdivision of the'State. The CONSULTANT shall be solely resportsih'ie. for any recoupinent, penalties or costs that mighf arise from the use of a -suspended of debarred SUBCONSULTANT. The CONSULTANT shall immed'rat6ly notify`the LPA and INDOT if any SUB -CONSULTANT becornes debatted 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-perfoormed 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 ri. delay, withhold, or deny work under any strpplchlet►t or amendment, change order or other contractual device issued.:pursuant to this Contract. D. Disputes. If a dispute exists as to the CONSU.LTANT's liability or guilt in any action initiated by the LK and the LPA decides to delay, withhold, or deny work to the CONSULTANT, the CONSULTANTmay request that it be aliowod. to continue, or r�eive work, without delay. The CONSULTANT crust submit, in writing, a, request for review to the L. PAj A de.terinination by the LPA under this Seetton'7.D shall be fittai and t4h.dhig on. the parties 'arid net 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 underdC 54 7-5. S, Coctdiflon of Pa ment. The C NS:UL#'A 'I must per3orfu all dices under this Contract to the LPA's reason'40 �satcsfaction, as determined at. the disv*florr of the. LPA arid. in accordance with all applicable %`eri'er 1, state; local laws, ordi'nanoes, rules, and regulation's ' L-PA will not pay for work not performed to :Elie LPA's reasonable satrsfactioci, inconsistent with 1#us Coal got or performed in violation of federal, state,. or focal law (collactiveljr, *`deficiencies") until all deficiorwies are remedied in it timely manner. 9. Confl&ntia$ of LPA Information. A. The CONSULTANT understands and agmcs: that data; rrrate 4%, atstt ittfor ation disclosed to the CONSULT -ANT may contain conFdentral and ,protected int'orti attatl Therefore, the CiONSULTANT covenants fhadata; rnater?ial -and information,gathered, based upofi or4001osed to-ttie'CONSULTANT for t the .o putpose�.�ss-Con'fract, xmilLniot-Le':dlflsesl_tit..o3iteiCS:r diCssetitth fi;i€ird pas#ies without the LPA.'§ prior wrfften'consent. B. The parties ac owledge that the Seruiecs: to die }performed by tbp CONSULTANT for the LPA under this tontraec may regtiire fir alldw access- to datatetial's,d information containing Social Sexurity srumtbecsiil tnarriiiined: liye LPA ui its oornguter systcln ter#h rreGords, lit addition .io the covenant •rnadc shove in this section and pursuant to 10 `IAC 5-3-jg), the CONSULTANT and the LPA 4 Version 11-29-11 agree to comply with the provisions of IC 4-1-10 and .IC 4-1-11. if any Social Security number(s) islare 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. Stich 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 permittiiig 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. Non -Discrimination and DBE Re uirements. 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 the LPA 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 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 26in 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 nmay result in the termination. of 'this Contract or such other remedy, as :the LPA, as the sub recipient and INDOT, as the recipient; deem appropriate. B. During the perforrnatice- ofthis Contract, the CONSULTANT agrees as follows: The CONSUITANT shall comply with, tit, Kegulations relative to nondiscrimination in l±ederally-0sststrd programs of the Department of Transportation Title 49., Code of Federal Rcgulationt, Part-21, as they may be amended from ti"rne to time, (hereinafter referred to lit this patt.O the 'Regulations), which are herein incorporated .by reference and made apart of this Contract. ii. In the cvent`ofthe CONSUiLTANT's noncompliance with. the nondiscrimination provisions' o f this Contract, the LPA shall impose stitch sanctions. as it, IND.OT or the. tedera:Migftway A ittirtxstration may dotermtnerto be appropriate, including, but not li:t#tited to>.la) vv ti tttiiding of payments to the LTANT CONSUtinder this Contract<untii the. r✓ONSUL.I"ANT atiritpii�es, andlor tb) eancellstton; termination or suspension ofthis Contract; -in: whole or in :part. C. Tile CON'SUL:TANT slash mttke.good faith efforts to ach eve the DBE percentage goal: that may NSU be..included._as, part -.e-.fliia Gomm. .W-ith_the ap-o-rowd DBES. $ . ..,TANTS identified on its AffirmatiVe. Action. Certification submitted Wjth its Letter of Interest; or with :approved amendnieriM Any. changes to a 1781 Finn listed to1. :.tire A.l�it�#t'give Action Certification must be requested in writing aid: receiverib r ,approval by fhe LPA . atfd INDDT's. Er enonitc Opportunity Division Director Peer #his Contract is completed arid. if a QU S;UB-COONS 1LTANT Tias ,performed services thereon. the itt3tfinerse Utilizationrequires r sCONS.rriust complete, ad eit; a DisadvantagedBr0 Form requie INUbTs 3cc Opportilily Dvis on Director: The 7S Fom"jto S Version 11-29-11 certification by the CONSULTANT AND DBE SUB -CONSULTANT that the committed contract amounts have been paid and received. 12. Di, stlutes 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 12. 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 towatrd 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. Ifthe 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. 13. 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 reeeiving 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 #hs certification may result in. sanetiotts including, but not limited to, suspension of Contract payments, termination .of this Contract and/or debarment of contracting opportunities with the LPA. B. The CONSUL7A.NTcertifies and agrees that it will provide a drug -free workplace byz:; Publishing and providing to al l of its employees a statement notifying their employees that the unlaurful marlufaeture, distclbotj: n, dispensing, possessitm,or..use-of a controlled substance is prohibited in the CONSUL`i'AN 1"s workplace and specifying the -actions that will be taken against emPloyees,for violations of such prohibition; 'ii: Establishing a-drug=free awareness;progir6. M to inform its employees of (L) the dangers of drug abuse, in: the workplace, (2)'t}►e CONSULTANT's. policy of maintaining a,drug--free workplace; (3) :any available drug:cout tilling, rehabilitation, and employee assistance progtal. . and (4) the penalties that maybe unposed upon an ernpioyee%r drug abuse vf0ltiti6ns accu ing in the workplace; Notifyingalt-employees in the-statenienit:r�gltit dby subparagtaph 13.B.i above that as a condition ofCoptinned employment, the ernplWee Wilt, (°�) abide 13�! the termsof the staterrsent and.(2) nvffythe CONSC�L'C4NT of anyedal drug,sta#ute: conviction far a violation occurring in the workplace TO Wer th$rt Fve (5) days :after such conviction; ij4- N:otifyjag in westing the LPA vi+ tliftt tetx (: d)` day.,s after etvtng notiee €rain an ,aliaye,,_or;atherixnse recejvi cruel Notice o - such.:cisrtActlon; v . i#h7ia ii�ty i 3 ):d 'S after receivitlg it?ogee under. -subdivision M,8 3xt( j move of a ,., mi -.6nn-1Mnn�inT�tie'frtliow Kn s t ial. sure on Yeti pl.oyec who personnel.acfiott� agatttst tie �mplyoe, ii�i W aid artoluding ¢errttt��tton; 0�-(2) tequi G Version 11-29-11 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 13.13:1 through I3.B.v above. 14. Em to ment Eli lblli 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•CONSUL.TANT 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 SUS -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. 15. Force L40eure. 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 parry (liere1nafter referred to as a Farcc 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 reaspnat�le detail of the circumstances causing such EIV.ent);.and shall do everything reasonably possible to regutne performance. Upon receipt of such written .notice, all .obligations under this Contract -shall be imrite-dzately suspended for as long as such Force Majeure Event continues and provided that the affected. P 4Y :continues to use commercially. reasonable efforts to recommence performance. whenever and.to whatover extent possible without delay. if the period .of nonperformance exceeds thirty (30) days from the receipt of written notice of the Force Majeure Event, tile -party whose ability to perform has not :been so atected: may, > y: giving written notice, ternnnatethis--Contract. 16. Govemin :Laws. This ContracLshall'be construed K accordance wtth:.and governed by the laws of the State: of Indiana and the suit, if any, must be: brought in the 5tatc of Indiana. Tlie CONSULTANT consents to the. jbr.isdidtion of and to .venue; in any court:of compotent jucisdiatign in the State of Indiana. 17. Llgliilr - If`the. CONSULTANT or ally of its SUB -CONSUL TA fail. to. .comply. with any fderal reguicemcj. jf wh?i t x6st lts in the,.-L �A's`xepayment of. federal itrt(Is'to. DOT the CONSULTANT shall be responsible to. thetP. A, for repayment of su.:ch•costs ,to the.extenisileik:'cpst are caused by'he CONSULYXI T and/or its'SUB-CONSULTANTS. 18. (n6mrtiffeadon. The CONSUGTAVT agrees to indemntfy:the J kVA t q 16aisx and employees,. and to ho%l:each ctf'ihetri hartriless; from clairris and suits inciudiitg,courtrc35Ts, attorneys fees, and outer expenses oaus 3 by tiny ne l'r en act, error_ or onusston of, or by Ally reel Jq_ O PS or willful tniseonduct `by, the CU �►STI aridLor its S1JB.COhISUL F"NTa, if any, under-tlits.t;g0U.a �. The LPA shall noll t provide su&" inc ettsrtificattoti fill the CONSULTANT. 7 Version 11-29-11 19. Independent Contractor. Both parties hereto, in the performance of this Contract, shall act in an individual capacity and not as agents, employees, partners, joint ventures or associates of one another. The employees or agents of one party shall not be deemed or construed to be the employees or agents of the other party for any purposes whatsoever. Neither party will assume liability for any injury (including death) to any :persons, or damage to any property, arising out of the acts or omissions. of the agents or employees of file other party. The CONSULTANT shall be responsible for providing all necessary unemployment and workers compensation insurance for its employees. 20. Insurance - Liability for Damages. A. The CONSULTANT shall be responsible for the accuracy of the Services performed under this Contract and shall promptly make necessary revisions or corrections resulting from its negligence, errors or omissions without any additional compensation from the LPA. Acceptance of the Services by the LPA shall not relieve the CONSULTANT of responsibility for subsequent correction of•its negligent act, error or omission or for clarification of ambiguities. The CONSULTANT shall have no liability for the errors or deficiencies in designs, drawings, specifications or other services furnished to the CONSULTANT by the LPA on which the Consultant has reasonably relied, provided that the foregoing shall not relieve the CONSULTANT from any liability from the CONSULTANT'S failure. to fulfill its obligations under this Contract, to exercise its professional responsibilities to the LPA, or to notify the LPA of any errors or deficiencies which the CONSULTANT knew or should have known existed. B. During construction or any phase of wort- performed by others based on •Services provided by the CONSULTANT, the CONSULTANT shall confer, with the LPA when necessary for the purpose of interpreting the inforination, and/or to correct any negligent act, error or omission. The CONSULTANT shall prepare any plans or data needed to correct the negligent act, error or ornission without additional compensation, even though final payment may have been received by the CONSULTANT. The CONSULTANT shall give immediate attention to these changes for a minitnum 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 o, mission of the CONSULTANT, and for the LPA's losses or costs to .repair or remedy construction. Acceptance of the 'Services by the LPA shall not relieve the CONSULTANT ofrespoaibility for subsequent correction. D. The CONSULTANT shall be required to maintain :in full force, and effect, insurance as described below from the date of the fist authorization to proceed tinfil the LPA's acocptanre of the work product. The CONSULTANT shall -list loth ifie LPA and MOT as insureds on any policies. The CONSULTANT most obtain insurance written '�y insurance companies authorized to transact business in the. State of Indiana and l censed. by the Department of lbsuranceas either -admitted or non=admitted insurers. The LPA, its officers and esmployees 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 them, and. the obligations of indemnification in Section 17 herein sh 11 survive the exhaustion of- lirmnits of coverage and discontinuance of:coverage beyond the'term specified, .0 the Wiest extentofihe taw; F. The; C0 ULTANT shall furnish aaeriificate- of ii surance and:all endorsements to the LPA prior to. the compleneement of #his Contract. Any deduetrEsle :or °self it sercd - the, on axnvunt or other similar obligation under the 'insurance policies shal`E be the sole oftati©n of the• CflNSIiLTA�T< Irailtrre to: Provide insurance as required 'in this Oontraei Is. a Material breach of Contract etstrtling the LPA to imniediately terminate this Contracts I: Professional Udbility Insurance Tlte'CONSUI,TA9T must. obtain -arid carry professional liab7fity -itss>: m. as foilarys Fps.' the_ LPA Pregtsafification V1Tok'''i`3p..es l2 2 I:6 the C'i7MUT-'i'AN l'S'shali provide- rioi &s titan $25fl,Q00:04 professional liability. insurance per claim and �50.0W.00 age gatP-: fOr 8 .2, 9a.J; 9:2,1 .1 —1 gisge 1, performance: For Work Types 2.2 3 1, 3 2 4 1, 4.2, 5.5, 5,9, 5t.1 t, 5:1, 7.1, 8:1, b 4 Version 11-29- I 1 I1.1, 111, 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;00MOO.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 Prequalifrcation 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 $1,00o,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: I- 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. Ill. 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 S1,000,000,0Q Qgmb:ined Single Limit for Bodily Injury and Property Damage. The term "automobile" shall include P iv3te passenger autos, trucks, and similar type vehicles licensed for use on public highways. T.he.policy shall be amended to include the following extensions of coverage: 1. Contractual Liability coverage shall be included. 2. The policy shall provide thirty (30) days notice of cancellation to the LPA. 3. The CONS. ULTANT shall name -the LPA20 an:additionat insured. IV. Witercrait Liability (When Applicable) 1. When necessary to use watererafl for.tlte perfb.rmance .of the CONSULTANT's Services under the terms of this Contract, either lid the: CONSULTANT, or any SUB - CONSULTANT, the CONSULTANT or SUB,.OQNSULTANT 01104009 the watercraft shall carry watercraft liability insurance. in the amount of $1,Q00;t100 Cambgned Single Limit for Bodily Injury. and Property:l3amage; including Ptotittn & [hdeMlty virlere: aplplible. Coverage shall :apply to owne ,,,non -owned,. and hired watercraft. 2. i6the maritime laws apply t6 any work to be perfotimed by the CONSULTANT under the terns of tho agreement, the follb.w.ft cs>vet age shall be. pro,04e .- a. United States.Longsharemen!& Harbor w. oftts b, Maritime.Coverage--4an=Art ' The policy shall provide:thirty (3f%) days AQOa of rarteellatton to the LPA, 4. Ttie: CUNS:CIL PANT orLlB. O4iSi'ANZ :shall t�sm N3e LPA as an additional insured. V. Aiir6r4 t:Lfa'M1ty(.When,Appl"tcalile) a Version 11-29-11 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 -awned 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. 21. 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. 22. Notice to Parties: Any notice, request, consent or communication (collectively a "Notice' under this Agreement shall be effective only if it is in wrttingrandta) 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 cost firmed and costs of delivery being prepaid, addressed as follows: Noti ces to the LPA shall be -sent to' Mr. Greg Stiens, Director of Public Works and Engineering 50 North "Vh Street Richmond, Indiana 47374 Notices to the CONSULTANT shall be sent to: James S. Longest, President 8126 Castleton Road Indianapolis, Indiana 4625-10 or to such other addressor addresses as shall be -furnished in writing by any .patty to the offer party. Unless the sending:party has actual knowledgc4hat:a Notice was not received by the intended.recipient, a Notice shall be deemed to have been given as. of the date (i) wl eat.persextall ,.4clivered, (ii) three (3) days after the date deposited with the Uoitcd-States mail properly. addressed; or (t %) the next day when delivered during business hours -toovemight-deliveryservice properjy addressed and -prior to such delivery service's; -cut off time for nextday. delivery The parties acL-nowledge•thai notices -delivered by facsimile or by email shall not be effective. 23. Order. of..-P-r edence; ee Any inconsistency or ambiguity in this Contract shall be -resolved by. giving precedence irr the .f6tiavv ng order: � I) This Contract and attachments,. (2)1tF.P doaumerit, (3) the. CONSULTANT% response to the RFP document, and (4) attachments, prepared by the CONSULT AIN'T". All of the foregoing are4neorporated fully byrcferenee. 2C Ownership of Dacuments.and Materials. All documents, records, programs, data, film,:tape, articles, memoranda; and other mat�errais not t dedeloped or licetised by the CONSULTANT prior .to execution of -this Contract, but spe ,if[Ily d6vilaped under this Corkract shall be. considered °wgrlc far hire" arfd the CONSULTANT JLTAIVT assigns and transfers any vwnershtp rtaitn to the LPA and all such rxRa ria s will #io tiie�ropGrty-of-then TheQNSULTAh1T agrees-to.executo4nd :rAiYac sVc& asstgn'rrxents'ot"oilier dcicnmextts as`ma�-be.request*1 isy dieC A Q-Wo iliese materials, odd him gated to contra perforirianee by the troNSULT-AW: without the LPA' prior wt tten consent, . is prdltxb'lted. Diseirrg the &r.r rirttPITM of this -Contract, e COT7SIiLTA T sEiallV be responsible for<.any loss of`ar damage to arty of the,. Work Product developed. for or suipptied by 1Ni 'OT and used to develbj? :or:assist in: 'the. Sen4tsks vido. I erein while any suc�ir. Work Product is in the -possession .or control: +�# Vie: CO �l�i:•II,TA I`C Ariy Loss or damage thereto shall lie restored at the CC}I4St}L`T34N`l s expense; The 10 Version 11-29-11 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. 25. l?ayments_ All payments shall be made in arrears and in conformance with the LPA's fiscal policies and procedures- 26. Peiialtles, 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 tees, except as required by Indiana Iaw in part, IC 5-17-5, 1, C. 34-54-8, and I. C. 34-13-1. 27. Pollution Control Re uirernents. If this Contract is for $100;000 or more, the CONSULTANT: i, Stipulates that any facility to be utilized in performance under or to benefit from this Contract is not listed on the Environmental Protection Agency (EPA) List of Violating Facilities issued pursuant to the requirements of the Clean Air Act, as amended, and the Federal Water Pollution Control Act, as amended; ;i},. Agrees to comply with all of the requirements of section 114 of the Clean Air Act and section 3(18,uf the Federal Water Pollution Control Act, and all regulations and guidelines issued thereunder; and Stipulates that, as a condition of federal aid pursuant to this Contract, it shall notify iNDOT and the Federal Highway Administration of the receipt of any knowledge indicating that a facility to be utilized in.perforrnance under or to benefit -froze. this Contract:is under consideration to be listed .on the EPA Listing of Violating Facilities. 28. Severabillty. The. invalidity .of any section, subsection, clause or provision of this, Contract shall not:aifect the validity of the remaining sections, subsections; clauses or provisions of this. Contract. 29, Status;:of Clttlms. The CONSULTANT shall give prompt written notice to the LPA any claims iiiade for adai iages against the: CONSULTANT resulting from 'Services performed under this Conis. and shall: be responsible for :keeping the LPA currently advised as. to the status of such dlaitns. The COl�1SUI,TA.NT shall. send notice of claims related to work under this Contract to to the. address:shown in :Section:22 above. _311, nb tonsultant A�elitro. led ement: The CONSULTANT agrees and represents:and warrants to .. the Ll?A, t(tt the .CONSUIT NT will obtain signed Sttiirconsultasit .Aeknawledgemetit forms, iron► all SUB= Q iS>1L'TANTS provifng gery 'ees. under this .Contract or to be compensated for Sen s: through this Cttrmet. The COi�I�UI�TANT agrees to provide signed originals of the Sfib-consultant Aelmowle lgement fbrrn() Ito the- LPA for approval prior to performance of the 'Services by any SUB - CONSULTANT. 31.. Substantial Performance_ This Contract,shall be deemed -to be substantially perfomled::Qnly when.fully'>performed according to its-tertns and .condi'iiogs and any:modifcation or Amendment thereof. --2, Taxes. The LPA will not be responsible for any taxes levied on the .Co' KSUi.TANT as.a ,result, o this Contmet. ermination °for.Canvenkitee: 11 Version 11-29-11 A. The LPA may terminate, in whole or in part, whenever, for any reason, when the LPA determines that such termination is in its best interests. Termination or partial termination of Services shall be effected by delivery to the CONSULTANT of a Termination Notice at least fifteen (15) days .prior to the termination effective date, specifying the extent to which performance of Services under such termination becomes effective. The CONSULTANT shall be compensated for Services properly rendered prior to the effective date of termination. The LPA will not be liable For Services performed after the effective date of termination. B. If the LPA terminates or partially terminates this Contract for any reason regardless of whether it is for convenience or for default, then and in such event, all data, -reports, drawings, plans, sketches, sections and models, all specifications, estimates, measurements and .data pertaining to the project, prepared under the terms or in tulfillment of this Contract, shall be delivered 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 attomeys, fees and -expenses) it may sustain by reason thereof. 34. Termination for .De OIL A. With the provision of twenty (20) days written notice to the CONSULTANT, the LPA may terminate this :Contract in whole or in part if (i) the CONSULTANT fails to: 1. Correct or cure any breach of this Contract within such time, provided that if such cure is not reasonably achievable in such time, the. CONSULTANT shall have tip to ninety (90) days from such notice to effect such cure ifthe CONSULTANT promptly commences and diligently pursues such cure as soon as practicable; Services within the time specified in this Contract or 2. Deliver the supplies or perfonn the any amendment or extension; 3. MAe progress so as to endanger.performauce ofthis Contract; or 4. 'Perform any of the other provisions of this Contract to be.performed by the CONSULTAN— or (ii) if any representation or warranty of .the CONSULTANT is untrue or inaccurate in .any material respect at the time made or deemed to be made. B. If the L-PA terminates this Contract in whale or in .pact, it may accluit•e, under the teams and in the manner the LPA -dottsidcrs appropriate, supplies -or services similar to those terminated, and the ICON'SULTANT will, be liable to the. LPA for any excess costs for those supplies or services. i owever, the CONSU-LTA .T sha l.contfnue the work not terminated. C. The LPA,shall pay thezontract price for completed,supplies delivered acid Services accepted. The CONSULTANT and tl'ie LPA shall agree on the aniountaf paymertl f rp,3nuf'acfttred rttatea[fais delivered and accepted and .for =tlni protection and preservation of the Property. Failure W �grce; Kill be a dispute under the Disputes 6iatise {see "Section 14). The L`PA may wsttiho frorn 'time: agtieed upon price for -Services any su.m tli LPA determine necessary to proteet:the LPA against loss because of oatstanding liens om-alaimns-offormer fieu holders. D. The i` &s• and remedies of the LIMA in this clause are in addition to any. Other rights and remedies provided by law r 0;iity or-mnder this Conti!a0L :---------D.eiadlt y#Ere L,!'.A fihe..CONS`fILTANT-beiie�s_ihe_L�'A:i�itt.def wi-of-ts Coptract, it_ sktalI -pmv de wri ten ttotine iinriiedikeily to the LRA. descri-bing.sueb defagkt; if xhe LPA fafs to take steps to -correct or cure -any material breach orthis Contract �rithin .sixty '04) day. Otte rene Pt of such wr%ttep notice, the C{3NSU '[`At T-nay caneei and terminate this`Conti-act=and institute=tile, Vpt*riate tneasum to collect monies due up -to and including the date. of terrriiimaitan, including xastatmalile.9ttarney fees and expenses, provided 6.1aillf.such cure is not-rcasonal5 y achievable in such time, the LPA shi0. 4iaWV to one hundred twenty {3 2t}) .days fioris such notice to effect such cum if the [YPA promptly cgitrlicnes and 12 Version 11-29-11 diligently pursues such cure as soon as practicable. The CONSULTANT shall be compensated for Services properly rendered prior to the effective date of such termination. The CONSULTANT agrees that it has no right of termination for non -material breaches by the LPA. 35. Waiver of Rights No rights conferred oil 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 perftirtnance 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. Serwecs furnished tinder this Contract. 36. Work Standards/Conflicts of Interest. The CONSULTANT shall understand and utilize all relevant. INDOT standards including, but not hinited to, the most current version of t>`ie Indiana Department of Transportation Design .Mangal; where applicable, and other appropriate materials and shall perform all Services in accordance with the standards of care, skill and diligence regiiied in Appendix "A" or, if not. set: forth. therein, ordinarily eicereised by competent professionals doing work:ofa similar nature. 37. No Third -Party 13eneflcia.rim 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 0.0 str led to confer upon arty person or. entity (other than the parties hereto) any rights, benefits or remedies af'any kind or character whatsoever. 13 Version 11-29-11 Noon-Colluslon. The undersigned attests, subject to the penalties for perjury, that he/she is the CONrSULTAN`I', or that lietshe 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 in.dicectly, to the best of hi sllzer knowledge, entered into or offered to enter into any combination, coi►usion 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. 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 iature (Print or type name are title . Attests Signature .{print or type naive and tttleY,.. 4 LOCAL PUBLIC AGENCY Board of Public Works and Safety Signatu . Vicki R&binson President (Mn.tor type name and title) a Dian Lawson, Member (Print or type .name and tine) 4gn.a re Anthony Foster, II, Member �'rtnt or type name and title) Approved: APPENDIX "A" Services to be furnished by -CONSULTANT: 1. Route Survey 1.1 Perform the fieldwork as required for the route survey. 12 ' Furnish a determination of all existing right-of-way and apparent property lines and to show same on plans. 1.3 . Prepare and record the route survey plat. 2. Environmental 23 Develop and document a Categorical Exclusion (CE) as falling within the guidelines of the Council on Environmental Quality regulations implementing NEPA (40 CFR 1500-1508) and FHWA regulations (23 .CFR 771). Documentation as a CE includes perlorndng services in accordance with Section 106 of the National Historic, Preservation Act and Section 4(f) of the Department of Transportation Act. 2.2 The following items shall be considered a change in the scope of work and cause for a supplemental agreement: 2.2.1 Preparation of an Environmental Assessment/Finding. Of No Significant Impact (EA/FONSI) or an Environmental Impact Statement (EIS) 2.2.2 Phase Ic archaeological stibsurface reconnaissance 2.2.3 Phase II hazardous matodals<site investigation 2.2.4 Hazardous materials rernediation plan 2 2.5 Wetland. mitigation design 2.1.6 Erieroachmerit upon histdAt. sites, publicly owned park and recreation lands, Wildlife :and: waterfront refuges, 2.2.7 A finding of an adverse, .effect- in accordance with Section 106 of the National Historre Preservation Act 3, Public Involvement 3.1 Perform services inaccordance witbi the, INDOT public involvement process for federal- .aid projects., The servicesinclude: advertise and docuYrxent the opportunity fora public hearing. Should a formal .publrc> bearing bo rvquJr4. a supplemental agreement will -be Pap,I -oif; 3 Pages Appendix "A" 4, Design 4.1 Make preliminary investigations, design studies leading to the preparation of preliminary roadway plans, and approximate estimates of coast. 4,2 Make final plans to appropriate scale, with geometric computations to be precise for field layout, specifications and estimates of construction cost. 4.3 Furnish properly referenced horizontal and vertical control points throughout the Project. 4.4 Furnish a deternunation of all required right-of-way and to -show same on plans. 5. Retaining Wall Design 5.1 Make preliminary investigations, design studies leading to the preparation of preliminary retaining wall plans, and approximate estimates of cost. 5.2 Make final plans to appropriate scale, with .geometric computations -to be precise for field layout, specifications aad estimates of construction cost. 6. Soils Investigation and.Report 6.1 Obtain the necessary borings and substructure explorations, andthe analysis thereof, in connection with the Project. 6.2 Borings shall extend suffitiently in depth to obtain characteristic data for the proper design of the Project. 7� Right -of -Way Engineering 7A Provfde last deed of record and/or title searches: (as required) .for e, ach. parcel involved with right=of way acqu'isltfon 7.2 Furniioh right -of way parcel plats' for each parcel involved vw3th right-o:way acquisition. 7.3 Furnish rotes and bounds. :legal descriptions for acquisitions requir-cad for -the Project. 7.4 provide one set :of right rD f� way -acquisition plans,. 7, ,"ar :tra isfer domm, edts`w�eeded fbr.<the acquiton of rat of way, casements or right 'ale 2 of3 -Pages AI?lendix :"Atl. 7.6 Provide in the field a stake -out locating the new right -of --way lime for the partial takings included in the parcels. The stake -out shall be made using wooden hubs located at appropriate points indicating the right-of-way, easements or right -of -entry for the Project. 8. General 8.1 Prepare applications :and documents to assist the LPA in obtaining -permits as required from various governmental agencies. It is anticipated that one Rule 5 Permit will be required. 8.2 Coordinate with utilities and prepare utility reimbursement agreements (if necessary).. 8:3 Meet with the LPA or its representatives, when requested or necessary for consultation or conference. It is anticipated that approximately three (3) client coordination meetings Will be required. 9: The CONSULTANT shall review the contract bid package and coordinate any necessary corrections with the Technical Services Division. 1o.. Following the award of the construction Contract, the CONSULTANT will be responsible for attending the pre -construction meeting(s) (conferences). During the course of construction, the CONSULTANT shall be available at reasonable times during normal working hours to respond to reasonable inquiries concerting theaccuracy or intent of the CONSULTANT's ,plans. All such inquiries shall be made only by penons designated by LPA to interpret theplans and Conti 0 documents for the benefit of the contractors and subcontractors performi'09 the work. `The CONSULTANT shall not be. required to respond to inquiries by persons other than LPARs designated representative and shall not be required to engage in exhaust ve-or.extensive.analysis or' interpretation oftbeplans. l 1 if during the. construction phase it is determined that unforeseen or unusual conditions arise, the CONSULTANT shall revise the plans:.based on the current conditions. 12. If requested by the LPA, the CONSULTANT will. have the 00MIJANT's protect designer attend and participate ire- � I) a workshop with employees of the LPA,. INDDT, contractor, subcontractors etc. to develop a statement of goals;.and (2..) follow-up meetings: 1 3�, In fuifillment, of this Contract, the CONSULTANT shall comply with the: requirements of the appropriate regulations and .requirements of the hldiaaa Department of Transportation and FedeW Highwzy -A-dadaistratim. Page 3 of3 Pages Appendik"'A" APPENDIX "B„ Information and Services to be furnished_by LPA: The LPA shall furnish the CONSULTANT with the following: I. Assist the CONSULTANT -in obtaining property oWMr information, deeds, plans of adjacent developments, section corner information and any other pertinent information necessary to perform the Services under the Agreement. 2. Criteria for design and details for signs, signals, lighting, Highway and structures such as grades, curves, sight distances, clearances, design loading, etc. I Specifications and standard drawings applicable to the project 4: Plans of existing structures within the project limits, ifavailable 5. All written views pertinent to the location and environmental studies that are received by the LPA 6. Traffic assignments T Available data from the tivisportation. planning process 8- Utility plans available to the LPA coveting utility facilities, the location of signals and underground conduits throughout the affected areas 91. Povide acorn to enwr upon public and private lands as required for the CONSULTANT to perform work under this Contract l.p kisting ambient air gtt fity: data available from the State and Local Air Pollution Control Agency 1 L, All- legal services as may be regi red-fbr 1he dev doprnent of the Project. �;age't of 1 vages Appendix "B" APPENDIX "C" Schedul No work under this Contract shall be performed by the CONSULTANT until the CONSULTANT receives a written notice to proceed from the I -PA. 1. 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 schedule: a. Survey within 60 days after Notice to Proceed. b. Preliminary Field Check Plans within 120 days after Notice to Proceed: C. Preliminary Field Check within 30 days after approval of Preliminary Field Check Plans. d. Oeotechnical Report within 45 days after the Preliminary Field Check. e. Draft CE including approved Section 106 finding within 60 days after the Preliminary Field Check. f: Right -of -Way Plans within 60 days after the Preliminary Field Check. g. Design Hearing Plans within 90 days after the Preliminary Field Check. h. Hearing Certification within 30 days after the Public Hearing.. i. Environmental Approval within 75 days after the Public hearing. . j. Right -of -Way Appraisals within 9.0 days after Environmental Approval. k. Stage .3 Plans within 180 days after Environmental Approval. 1. Final Tracings and Right -of -Way Acquisition 270 days after Environmental Approval. The construction observation schedule will be determined by the Contractor. Observation will begin at the Pre -Construction Conference and continue until the construction is finished and final records for the project. are complete. n.: Anticipated Ready for Letting date - April 1, 2014. The above schedule assumes that there will be no condemnations on the Project. 2. The CONSULTANT will keep the tracings until a time, four months prior to. a schoduied letting. 3. Construction Changes a. Questions, clarifications, or corrections requested by LPA Construction pelsonndl regarding the iriterpretaffidn of the CONSULTIWW's 'glans shall. be atidressed by the __?GC NS LTANT-witl3 a easunable-period-of-time..fromthe-CON:S€3i.TANT -------..-___._------- .- - receipt of LPA's request. -Page. 1. �f2 Wages Appendix " C" b. Modifications to the plans during the construction phase due to unforeseen or unusual conditions shall be made within a reasonable period of time following receipt by the CONSULTANT of LPA's notice to proceed Pa' of es APPendix " C" g APPENDIX "D" Con�r�saticiri�; A. Amount of Payment 1„ The CONSULTANT shall receive as payment for the work performed under this Contract the total amount not to exceed $246,880.00, (Sections A,1, A.2, A.3, A.4, A.5, A.6, A.7, A.8; A.9, AA.10 and A.12 - $246,880.00, Section A.I I - TBD), unless a suppleme;it is executed by the parties which increases the maximum amount payable. 2. The CONSULTANT shall be paid for the work performed under this Contract on a lump sum basis in accordance with the following schedule; a. Survey $36,500.00 b. Categorical Exclusion. $40,180.00 C. Public Involvement $ 3,100.00 d. Road Design and Plans (Stage 1) $22,400.00 e. Road Design and Plans (Stage 2) $26,800.00 f. Road Design and Plans (Stage 3) $35,800.0.0 g. Road Design and Plans (Tracings) $ 4,500.00 h. Retaining Wall Design $15,600.00 The CONSULTANT shall not be: paid `for any service performed by LPA or not required to develop this project. 3. Amount .of ftymen t ( COWbnx .erv!ces) AA The CQKojT &W shall receive as paymentfor the work gerf�rrned ua4r this .contract fated to Geotechnical -5erviaes based on Ahe s&qi f is cost :Per unit multiplied by the actual units of work performed. i.: Geatechntcal boring and. sampiin� as< set out herein, will be paid for in:accordamt-t with. Att ohin ? ge 1 o S:Pages Appendix ti fit' 2. The amount of $8 -51.5.00 is an estimate of the cost which the CONSULTANT will incur in fulfilling the requirements of Item b of Appendix "A". The final amount will be adjusted according to the actual units of work performed; however, the final amount shall not exceed $9.400.00 unless and until a supplemental agreement is executed. 4. Compensate the CONSULTANT for the Services under Appendix "A", Item 7 (Right -of -Way Engineering), based on the specific cost per unit multpiied by the actual units of work performed in accordance with the following schedule. The schedule shall be renegotiated should the compleetion of the work extend beyond 24 months from the date of the execution of the Agreement. S ,Item. Cost Right -of -Way Engineering Abstracting -20 year Title Search Commercial (7 `Reports) $ 4-20.00 per report -20 year Title Search Residential (3 Reports) $ 395.00 per report Title Updates (10 Reports) $ 105..00 per report R/ "Plans (10 Parcels) Legal Descriptions (10 Parcels) Parcel Plats (10 Parcels) Transfer Documents (10 Parcels.) W -S#a]cing ;(t 0 Parcels) S 500:00 per parcel $ 500.00 per parcel $1,300.00 per parcel $ 100.00 per parcel $ 4 -0.00 per parcel Due to the nature of the :Project, an exact fee cannot be determined; howeverit is estimated that approximately tk irty :four thousand six hundred dollars : $34 00 00 will be: required to coMplete Fight of -Way ifn eer g. TheCON f iI, ' iT will contact the f PA when $OD�o of the 1~ has:been expended. A-d&erminaffon Vill be made at that time if the foes .:are s- iffic�i-ent-to complete the Prqjeet.. The CONSMIA 10 is to be :eoinpeosated monthly. l or the se ices required in acootd0 'w �n A,$ of �4pperrisl x "A", fundi g will. be -=curvWed i an amount not to exceed & ,000.00, and the P e.2 off ages Appendix"D„ CONSULTANT will receive payment for the work in accordance with Section B.3 of Appendix "D". 6. If services are required in accordance with Section A.I I of Appendix "A", funding will be encumbered at a later date, and the CONSULTANT will receive payment for the work in accordance with Section B.3 of Appendix 111)" B. Method of Payment l.; The CONSULTANT may submit a maximum of one invoice voucher per calendar month for work covered under this Contract. The invoice vouchers shall be submitted to. Greenfield District Office Indiana Department of Transportation 32 South Broadway Greenfield, Indiana 46140 The. invoice vouchers shall represent the value, to 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.2 of this Appendix; including percentage completed and prior payments. If LPA does not agree with the amount claimed by the CONSULTANT on an invoice voucher, it will send the CONSULTANT a letter by regular mail and list the differences between actual: --and claimed progress. The letter will be sent to the CONSULTANT's. address on page l of this Contract or the CONSULTANT s last known address. 2. LPA, for and in consideration of the rendering of the engineering services provided for in Appendix "A", except SeetiQns A. and A.11, agrees to pay to the. CONSULTANT for rendering such services the fees established above ib the following manner - For each pay item, and upon receipt of invoices from. the CONSULTANT and the apgro.val thereof by LPA, payments covering the work' performed sba l be -due and payable to the C(QN$MTAN'T, :such payments to b,&_-quat to an amiount arrived at by mule plying the perM tap of the specif ed work perfhri red by the there shall be dediucted all. previous, partial fee payments made to CONSULTANT. Rage of 5 Pages Appendix "Y" b. Upon approval by LPA, after submittal of the completed work, a sum of money equal to the fees heretofore set forth, less the total of the amounts of the partial payments previously paid to the CONSULT -ANT under .Section B.2.a of this Appendix "D", shall be due and payable to the CONSULTANT. 3. LPA, for and in consideration of the rendering of the engineering services provided for in Sections A.8 and A.11 of Appendix "A", agrees to pay the CONSULTANT in the following manner: a. For those services performed by the CONSULTANT, the CONSULTANT will be paid on the basis of actual hours of work performed by essential personnel exclusively on this Contract at the direct salary and wages of each employee, PLUS a provisional overhead rate acceptable to LPA's Division of Accounting and Control, PLUS profit, PLUS direct non -salary costs as approved by LPA. Profit will only be applied to direct salary and wages plus applicable overhead. Each employee's reimbursable direct -charge rate will be limited to $59:831hour. Direct non -salary costs shall be the actual out -of pocket expenses of the CONSULTANT directly attributable to this contract, such as fares, subsistence, mileage, long distance calls, equipment mritals reproductions, etc.; However, the dimet non salary costs for 'travel reimbursement skull not exceed the limitations on travel expenses set out in the current LPA policy on travel reimbursement. Profit Aall equal 15 0 perWht of the direct salary and wages PLUS overhead expenses aitr�buWe to this contract. The CONSULTANT shall adjust the provisional overhead rate on the invoice subsequent to receipt of a new overhead rate from LPA's Division of Amounting sand Control; eecept that LPA shalt adjust this rate at the time of final payment to am -#e Teprmentative�of actual payroll. burdet and general overhmd eosts as deWrWh d'hy -audit and approved by LP -A. The: ooverhead rate shall b(,-.determined by LPA's Division of Accounting :and Control in accordance with generally accepted .government auditing standards and the cost principles contained in the Federal AcquisitionAggWafions, 48 CFR subpart.31.2. b: Paf dffF $lMlt tie. made ruon#o to the CONSULTANT upon snbm sion 161 LP. A :of an: uiv'oloe. When submitting an invoice, ihe- --- indiduals who vurort<ed tin the project during the month, nttrplx of hours worked on the project, and the hourly rate, No allowanee.•shall paege *ieS Peres ntdik "D» ATTACHMENT D-1 FEE SCHEDULE Des. No. NIA Project.; Manor Drive .Extension Locations From Dillon Drive to Catalpa Drive Richmond, Indiana CTL Proposal No: - 114501071NDP .Item !item Ileseription No. . A.. jUE{>`iiXlatx'Ai�»L1)( l Mobilization and Cield Coordination a. SPT'Rig b. CPT c. Field Coordination with Utilities—, d. Field Coordination with Property Owners 10 25 iii. O.ver25 e: Mileage 2 Truck Mounted Borings with Split -Spoon Sampling a. Standard b. Night Tillie. 3 'i';utk Mounted.Borings using Drilling Fluid a. Standard b. Night Time 4 Truck 11+1ounted:COre. Drilling a. standard . b. Night Tune 5 Truck Mounted Borings a. Through Bedrock or Boulders or Concrete Paverneo i. Standard: i1. Niggh't � ime .:: ... h., Briiige Deck C6 arid: Restorat on i. Starrd;itd- ii. Night T1tr�� - 6 Cone .Penetrometer Tosting 4, S,et up i. Standard - NxghC`1`trcrc b. Srtbsur�ae.e 1'rcr�4#irn�, - ii. Night. Tim - Unit Each Each Lump Sung hump Sure Lump Sum Lump Sum Mile Foot Foot Foot Foot Foot Foot "`+" Cost 240.00 3 -5.00 280.00 ` 315.00 460.00 650.W 3.00 16.80. 20.00 17.00 20.30 34.75 41.60 Quantity 1 160 140.0 Cast $ - 280.00 480.00 2,352.0.0 - - t Foot Foot Each Each 30.10 36.40 300-00 360.00 - - ' Each Each Ftsot. 06:35 r 7704 - _ --- Page 1 of 7 be made for overtime premium wages unless authorized in advance by LPA. C. if, prior to the satisfactory completion of the services under this Contract, the total of the direct and indirect costs .incurred and the portion of the fixed fee completed by the CONSULTANT is within five percent (5%) of the maximum amount payable, all work shall cease and the status will be evaluated, The work will not resume until. an adjusted maximum amount payable has been determined and a supplement executed to cover the inoreased cost. Page 5 of5 Pages Appendix t`D" ------------- Description Unit tinit Cost Quant Itemitem No, c. Subsurface Profiling with Pore Pressure Measurement i, piezonjatric Saturation a. Standard Each 86.30: b. Night Time Each 103-00. ii. Penetration Foot 13,00 a. Standard Foot 15.60:." b. Night Time iii. Pore Water Dissipation Test a. Standard Pei, Hour 187.00 b. Night Tim Per Hour 220.001 iv. Hydraulic Conductivity and Consolidation a. Standard Each 66.00 b. Night Time Each 79.00 d. Profiling with Shearwave Velocity Measurement i. Standard FootStandard ii. Night Tiro Foot 15.75 u, Sample Each 17.00 j. Standard Each 20.80 ii. Night Time 7 Hand or Truck Soundings 10,65 a. Standard Foot b. Night Foot 12.75 8 Hand. Auger Drilling Foot 11.70 a. Standard Foot 14�00 b. Night Time 9 Skid Mounted Borings. with Slp1it4poon Sampling a. Standard Foot 25.75 b, Night TimeFoot 10 Skid Mounted Borings using -DAU49TItlid, a. Standard Foot 2630 b. Night Ti Foot 31.50 11 Skid Mounted iCOM- P411149 a. Standard F_ootT 38.3-5 bNight Time Foot 46.0.0 Skid Mounted J�orit . qngs . through Bedrock or Boulders 12 F 39.50 a. Standard .Wt Foot 47.50 b. Night Time 13 Skid Mounted Soundings 155 a��Widard_ Foot "t Ti Te b, Nig'ht Foot t 35 14 [Furnishing of Boat Atwaf Cost. Cost Page 2 07 Item .N. 0- item bescription Barge Set -Up Expenses Unit Unit Quantity C6►. s I 15 a. Navigable Water i. Barge Set -Up Each 4j$.50.G0:-: ii. Re, -,tat of support Equipment and/or Boat. Actual Gosi ill. Drill Rig Down Time Hour 130.00 b. Barge Set-up Nbn-N&i gable Water Each 4;342-00:. 16 Additional Disassernlbty and Reassembly a. Navigable Wate Each 1,,$72.00 b. Non -Navigable Water, Each 1,710,00 17 te Barge Mounted Borings with Split -Spoon Sa.00 Foot 28.95 18 Barge Mounted Foot 39.0044.00 19 Barge Mounted Boring through Bedrocks or Boulders. Foot 20 i Barge Mounted'Soundi Foot 17.1.0Foot 21 Casing Through Water 7.50 22 . Untased Sounding Through Water Foot 4M 23 Set-up for Borings and Machine Soundings . a. Borings and Machine Soundings Less than 20 ft. Deep_ Each 61-00 b. Rock goring Each 1-05.00 24 Additional 2-inch Spot: Spoon Samples .......... Each 1835 25 3-inch Split -;Spoon Samples_, Each 19.00 57-00 26 3-ineb Shelby TubeSamplesEach 57.00 I 27 Bap,-SamPl6s Each 100.00 100woo a. 300 lb, S 1*: 25 l&-Saf#j'6 Each 35.00 28 Field Vane Shear Test 4. Standard F ach 100.00 b. Night Tittle Each 120.00 �.q 4.5-inch Cised Holes Foot 14.00. 30 Installation of GeoteCWW Instruments a. lnclinome�-erCasing- Instillation i, Standard Foot14.00 ii. Night,Tuine Foot 17.00 b: Piczometer: bstaffifibxi qplo. 25 ft. below surface. Each 225,00 .below i Tfa c e- a. Piezometer installation 1366,Kr than. 25 su..,, o� Each Metal Protociivc Outer Cover For Inclinomet&and 'as ings Each 31 Oebk&Ohni,�uftEoiapo Pbr Hour 100.0-0. k. 32, Railroa&FXpe, nses A�OWAJ 4CO_St' a. Field Mmuremants i. Standard, Each �34.001 Ea& 4L50 b. PVC dotted Pipe F6pt 5.3 5:' Ptige .3-of 7 Ttem Item Description Unit Unit Cost Quantity Cost Nei 34 Special Borehole Back6lting Up to 30 feet i. SPT 1) Standard . Each 95.0.G 8 760.00 2) Night Time Each 1.14.00 i i. CPT 1) Standard Each 41.00 - 2) Night Time....... Each 49A0 . - b. More than 30 Feet i. SPT 1) Standard ,. Per Foot 5.80. = 2) Night Time Per Foot 7.00 - ii. CP'1 1) Standard, Per Foot 1.55 2) Night Time . Per Foot 1.85 - c. Pavement Restoration 1) Standard Each 52.00 - 2) Night Time Each 61.00 , - 35 Dozer Rental -. Actual Cost - ?, 36 Traffic Control a. Flag Crew Per Day 530.00 - b. Equipment Rental Actual Cost c. Flag Crew with Equipments Per Day 650 00 : - 37 Centerline SurveN g -n .. Actual CO sl[IJtotal GrCQ#I ChiilCBk%; R �; 311ri #13 . IRK GEOTECHNICGAL Y:ABQRAT >(r T .STING 3$ Steve i4nais" Each 43_50 3130.50 .:... 39 ,Hydrometer l l is ....._ Each 49.00 3 L47.00 40 MoistureContenf Test Each 5.85 30 I75:50 -. 41 "1,igtii:d 1 1Y1tf.C", Bach 30.00: 3 900:00 . 42. ' Plastic "Init arts P1as rettyIndsx.. .. Each 22.OQ 3 G6A0 mp . _ 43 a. Unconfuied Co: . resion Tes# Each 40.Ob 4 160.00 b, Remolding OeSo i 8amp"les with Chemical Admixtures in ChenaiM. tSoff ModifcationfSt9b.itjzation (3 4ampJ0,s= one unit,... ,:. :._ _.. Each LOOM 44 SpecificOfto yTesk I acii 13.00 - 45 . Unit Weigttf WWW10attols Each 46J. a.ydCo s Head Each . b failing H mach 265-.00 -' page &'of 7 tern M item Description Unit No. 48 Ttia. iat Test unconsolidated-Undrained Each a. bo-. Consolidated-Undrained MUL Each t Consolidated -Drained {CD-).� Each d. pore Pressure Medsit'rMebt with a, or b. and Use of Back Pressure for Saturation Each 40 Soil Support Testing EachI . a. California gearing Ratio Test:.. b. Subgrade Resilient. Modiitusi Each 50 Standard Moisture-Density:Kelatiqnship Test Each -51 Logs on Ignition Test Each 52 pli Test Each Each .5.3 Collapse Potential Evaluation . .. ........ W Subtotal Geff et WCa(..Va.-b# ft-to Y.: Ong 54 Cieoteohnical, Profile and R014t0d Work a. Without SoilSubgrade DraWings i. First Mile.��� Each Additional Mile_ b. with Soil Subgrade Drawings� i. First Mile iR Each Additional Soil. Subgrade Drawings 01110 Firs t �i t Milqz. iiEach Additional 55. aeotectmical. Report - a. Without Soil Subgrade lfivcstigatiOn i. First milD i. t Far Mile h Additional -o b. Wit h Soil;Sobgradd Umft i, First mile is Each Additional DVtile c Q1. Investigation pn;y) Soil n( ii Firsi- Mile- ch Additional MOO' 56 Settlement Anajysis and R� :Proposed EMtiaiibW 57 Ground K(odifiMibn Design-_--,- 1%. i Slope Stability Analysis. ' a. CPhi ort artPhi. 'd mal'! lb-, o4rf.Pofive M 310.00 470.00 650.00 1-730.00 490.00 1 450.00 125.00 1 -20e5o 1350 3 340.00 Lump Sum 1,075-00 Per Mile, 490.00 Lump'Surn 1,30 0-00-1 Per mile Luwp.'Suin;. 330100 Per Mile 710.00 Lump Sum, 1'i450.-00, Per Mile. 630-.0.0.1 Lump Sun, Par hfilz 1- 136-60 for, Ernbankmont F-ach = 4 65 W, -7 1,3750.00 --77-7-771 Each Cost 490-00 40.50 1,4%00 Page m5-o . f7 Item Description Unit Unit t Gast Quaff Item Na: 13ridge Foundation Analysis and Re minendations 50 a. Shallow Foundation Each 425.00 b. Deep Foundation L Deep Foundation Analyses Each 78OxOO ii. Wave Equation Analyses Each 300-00 c, Settlement Analysis for Bridge Pier Foundations is Bridge Pier Each .350.00 - - . M . ii. Embankment Plus Pier Each 400.00 ii . i' Eiribankiiient: Plus Pier Plus Ali bther°Loads Each 450.00� d. Foundation on Bedfock.. Each 330,00 60 Retaining Structure Analysis and Recommendations a. Conventional Retaining Structures Each 800.00 L Shallow Foundation Each 1,050,00 ii. beep Foundati iii. Settlement Analysis for Retai=gWiWU—nda�on— Each 340M b. Pile Retaining Structure Analysis and Reconunondations .1. Free St8oding Structure Each 850.00. fi. Retaining Structure with Tie -Back:. Each 1,350-00. .c. Drilled'in-pi . er Retaining Structure Analysis and Recommendations i. Free Standing Structure, Each 9150,00 ii, Retaining Structure with Tie-Back--8y Each 1,370.0.0 d. Sail Naifing'Wail Analysis Each 93000 61 Seepage Analysis Each 1,300.00. 62 ,Deep Dynamic AttaCysz Each 43, Field ipi6. for 64 .'MonitOfing Geoteclinical 65; xrov-sy 66 Dynamic 67 Stafie Load.ust.. O'S. l?"amic Pile. Load Testis. 69 C 7 APWAANC Analy.616. 70 Fiftl Construction Jnspv( lo "' ezt,/Merorl hol", T6sVpier or Foundation b. e MEN. Per Hour: Per Hour Actual OoO Each Each, Each 74 65,00 65,00 - 95000 950.00 45040 - -i-ketuat-cost Actual Cost Cost 800.00 Page 6:ofil It DtStriptiOu ] 7T-7 Unit Unit Cost ]item -i No- Stib estruetive Meths y -GEOTECHNICAL PROJECT MANAGEMENT 72 Project Management Per Mile I a. Project Coordination ,500-00 b. Project Websi Each 3,000,00; 73 Cieotechnical Review Per Mile 300.00' a. Structure It O'tt "rt. Roa&& teching G. PAVEMENT INVFNTIJPGATI Mobil izati.on,bf Coring Eq.4thdO.. Each 170.00 2 ti Mobilization mileage for Coring. EqqfPt.P.d-O Per Mile 1.75. 3 Pavement Core (Partial DePtlij Each 120.00. 4 Pavement Core (Ful I Depth) 1) Standard Each 170.00 2) Night Time Each 200.00 ; 5 - Subbase.Umpl Each 57.60 . 6 r-emcnt Concrete Pavement -Core Dbilifty Determination_ Each 30,80: 7 Cement Concrete Core Compressive Strength Teat;,-- Each 29501 1 8 Biturninousf�xtraction Each 78-00 9 Sieve Analysis of Extracted Aggregate Test Each 53-50 10 Recovery of Asphalt from Solution bY. }Anson tVlethod Each 295.0.0 11 Theoretical Maximum Specific- GMVitY,'T0st Each 67.75' -Each 31.50 13 Mr Void$ Galoulation Each 2.6.K' : 14 Core Report for Partial Depth Each 31-50 15 Gore R�c . port,for Full Depth Co Each 41.50 16 Pavement Analysis and Repoft, 72-5-00 WE Cost 41-50 T INDIANA DEPARTMENT AF TRANSPORTATION Driving lndlana's Economic GroWth 100 North Senate Avenue all E. Room N855 F: (317) 232 0676 Michael B. Cline, 70 Mitch elcomm commissioner Indianapolis Indiana 46204-2216AX Prequalification Section July 25, 2011 (317) 232-5094 Mr. James Longest Beam, Longest and Neff, LLC 8126 Castleton Road Indianapolis, IN 46250 SU: Consultant Prequalification Dear Mr. James Longest: The Consultant Prequalification Modification Package submitted on June 22, 2011 has been reviewed by this office. Your firm has been prequallfied to provide consulting services to the Indiana Department of Transportation (INDOT) in the work groups listed on the attached Worktype certification, effective July 25, 2011. 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. This approval will expire on February 28, 2012. Indirect cost and facilities capital cost of money rates of 164.65% and 0.26% respectively are approved on a PROVISIONAL basis for the purpose of fee proposal preparation. Your firm's annual contracting capacity will be $17,868,586.00. The rates and selection capacity are based on your submitted financial information for the fiscal period that ended on December 31, 2010. The firm's most recently approved provisional indirect cost rate and current audited or self -certified paid heoourly labor rates are to be used as a basis for fee justifications and negotiations. However, the Cost Accounting and Audits will determine the allowable final project costs in accord with thsindirect principles contained in 48 CFR Part 31 of the Federal Acquisition Regulations allowable cost rates, the audited or self -certified paid hourly labor rates for the periods in which the cost were incurred and the terms of the contract. You are required to submit a modification package in the event of any changes in firm ownership, firm address, form of business entity under which the firm operates, manpower significant enough to affect the firm's qualifications or capacity (or operations of laboratories, facilities, etc.), financial status (such as filing for bankruptcy), or any other change which affects an element INDOT considers when prequalifying a consultant. The Consultant must notify INDOT within 15 days of any change in the information provided in its Prequalification Package and to submit a modification package in a timely manner. Failure to submit a modification package will result in the loss of the Consultants Prequalification Status. RE$pectfulky, � r AJ wren B. Maonald, P.E. KBM Prequalification Engineer cc: file www.in.gov/dOV An Equal opportunity Employer