HomeMy Public PortalAbout033-2011 - Butler, Fairman - construction insp - Whitewater GorVersion 6-09-09
LPA-CONSULTING CONTRACT
This Contract ("this Contract") is made and entered into effective as of , 2011 ("Effective Date")
by and between the CITY OF RICHMOND, INDIANA, acting by and through its proper officials ("LOCAL
PUBLIC AGENCY" or "LPA"), and BUTLER, FAIRMAN and SEUFERT, INC. ("the CONSULTANT"), a
corporation organized under the laws of the State of Indiana.
Des. No.: 0600357
Project Description: Construction inspection services for the construction of the Whitewater Gorge Trail from
South 1 st Street to Johnson Street Along the Whitewater River and Connect to Veteran's Park in Richmond, Indiana
RECITALS
WHEREAS, the LPA has entered into an agreement to utilize federal monies with the Indiana Department of
Transportation ("1NDOT") for a transportation or transportation enhancement project ("the Project"), which Project
Coordination Contract is herein attached as Attachment 1 and incorporated as reference; and
WHEREAS, the LPA wishes to hire the CONSULTANT to provide services toward the Project completion more
fully described in Appendix "A" attached hereto ("Services");
WHEREAS, the CONSULTANT has extensive experience, knowledge and expertise relating to these Services; and
WHEREAS, the CONSULTANT has expressed a willingness to furnish the Services in connection therewith.
NOW, THEREFORE, in consideration of the following mutual covenants, the parties hereto mutually covenant and
agree as follows:
The "Recitals" above are hereby made an integral part and specifically incorporated into this Contract.
SECTION I SERVICES BY CONSULTANT. The CONSULTANT will provide the Services and
deliverables described in Appendix "A" which is herein attached to and made an integral part of this Contract.
SECTION II INFORMATION AND SERVICES TO BE FURNISHED BY THE LPA. The information
and services to be furnished by the LPA are set out in Appendix "B" which is herein attached to and made an
integral part of this Contract.
SECTION III TERM. The term of this Contract shall be from the date of the last signature affixed to this
Contract to the completion of the construction contract which is estimated to be Aug4st.20ii. A schedule for
completion of the Services and deliverables is set forth in Appendix "C" which is herein attached to and made an
integral part of this Contract.
SECTION IV COMPENSATION. The LPA shall pay the CONSULTANT for the Services performed under
this Contract as set forth in Appendix "D" which is herein attached to and made an integral part of this Contract.
The maximum amount payable under this Contract shall not exceed $59,276.00.
SECTION V NOTICE TO PROCEED AND SCHEDULE. The CONSULTANT shall begin the work to be
performed under this Contract only upon receipt of the written notice to proceed from the LPA, and shall deliver the
work to the LPA in accordance with the schedule contained in Appendix "C" which is herein attached to and made
an integral part of this Contract.
Contract No. 33-2011
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SECTION VI GENERAL PROVISIONS
1. Access to Records. The CONSULTANT and any SUB -CONSULTANTS shall maintain all books,
documents, papers, correspondence, accounting records and other evidence pertaining to the cost incurred under this
Contract, and shall make such materials available at their respective offices at all reasonable times during the period
of this Contract and for five (5) years from the date of final payment under the terms of this Contract, for inspection
or audit by the LPA, INDOT and/or the Federal Highway Administration ("FHWA") or its authorized
representative, and copies thereof shall be furnished free of charge, if requested by the LPA, INDOT, and/or FHWA.
The CONSULTANT agrees that, upon request by any agency participating in federally -assisted programs with
whom the CONSULTANT has contracted or seeks to contract, the CONSULTANT may release or make available
to the agency any working papers from an audit performed by the LPA, INDOT and/or FHWA of the
CONSULTANT and its SUB -CONSULTANTS in connection with this Contract, including any books, documents,
papers, accounting records and other documentation which support or form the basis for the audit conclusions and
judgments.
2. Assignment; Successors.
A. The CONSULTANT binds its successors and assignees to all the terms and conditions of this Contract.
The CONSULTANT shall not assign or subcontract the whole or any part of this Contract without the LPA's prior
written consent, except that the CONSULTANT may assign its right to receive payments to such third parties as the
CONSULTANT may desire without the prior written consent of the LPA, provided that the CONSULTANT gives
written notice (including evidence of such assignment) to the LPA thirty (30) days in advance of any payment so
assigned. The assignment shall cover all unpaid amounts under this Contract and shall not be made to more than
one party.
B. Any substitution of SUB -CONSULTANTS must first be approved and receive written authorization from
the LPA. Any substitution or termination of a Disadvantaged Business Enterprise ("DBE") SUB -CONSULTANT
must first be approved and receive written authorization from the LPA and INDOT's Economic Opportunity
Division Director.
3. Audit. The CONSULTANT acknowledges that it may be required to submit to an audit of funds paid
through this Contract. Any such audit shall be conducted in accordance with 48 CFR part 31 and audit guidelines
specified by the State and/or in accordance with audit requirements specified elsewhere in this Contract.
4. Authority to Bind Consultant. The CONSULTANT warrants that it has the necessary authority to enter
into this Contract. The signatory for the CONSULTANT represents that he/she has been duly authorized to execute
this Contract on behalf of the CONSULTANT and has obtained all necessary or applicable approval to make this
Contract fully binding upon the CONSULTANT when his/her signature is affixed hereto.
5. Certification for Federal -Aid Contracts Lobbyin2 Activities.
A. The CONSULTANT certifies, by signing and submitting this Contract, to the best of its knowledge and
belief after diligent inquiry, and other than as disclosed in writing to the LPA prior to or contemporaneously with the
execution and delivery of this Contract by the CONSULTANT, the CONSULTANT has complied with Section
1352, Title 31, U.S. Code, and specifically, that:
i. No federal appropriated funds have been paid, or will be paid, by or on behalf of the
CONSULTANT to any person for influencing or attempting to influence an officer or employee of any
federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member
of Congress in connection with the awarding of any federal contracts, the making of any federal grant, the
making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.
ii. If any funds other than federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any Federal agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with
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this federal Contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit
Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
B. The CONSULTANT also agrees by signing this Contract that it shall require that the language of this
certification be included in all lower tier subcontracts, which exceed $100,000, and that all such sub -recipients shall
certify and disclose accordingly. Any person who fails to sign or file this required certification shall be subject to a
civil penalty of not less than $10,000 and not more than $100,000 for each failure.
6. Changes in Work. The CONSULTANT shall not commence any additional work or change the scope of
the work until authorized in writing by the LPA. The CONSULTANT shall make no claim for additional
compensation or time in the absence of a prior written approval and amendment executed by all signatories hereto.
This Contract may be amended, supplemented or modified only by a written document executed in the same manner
as this Contract. The CONSULTANT acknowledges that no claim for additional compensation or time may be made
by implication, oral agreements, actions, inaction, or course of conduct.
7. Compliance with Laws.
A. The CONSULTANT shall comply with all applicable federal, state and local laws, rules, regulations and
ordinances, and all provisions required thereby to be included herein are hereby incorporated by reference. If the
CONSULTANT violates such rules, laws, regulations and ordinances, the CONSULTANT shall assume full
responsibility for such violations and shall bear any and all costs attributable to the original performance of any
correction of such acts. The enactment of any state or federal statute, or the promulgation of regulations thereunder,
after execution of this Contract shall be reviewed by the LPA and the CONSULTANT to determine whether formal
modifications are required to the provisions of this Contract.
B. The CONSULTANT represents to the LPA that, to the best of the CONSULTANT'S knowledge and
belief after diligent inquiry and other than as disclosed in writing to the LPA prior to or contemporaneously with the
execution and delivery of this Contract by the CONSULTANT:
State of Indiana Actions. The CONSULTANT has no current or outstanding criminal, civil, or
enforcement actions initiated by the State of Indiana pending and agrees that it will immediately
notify the LPA of any such actions. During the term of such actions, CONSULTANT agrees that
the LPA may delay, withhold, or deny work under any supplement or amendment, change order or
other contractual device issued pursuant to this Contract.
ii. Professional Licensing Standards. The CONSULTANT, its employees and
SUBCONSULTANTS have complied with and shall continue to comply with all applicable
licensing standards, certification standards, accrediting standards and any other laws, rules or
regulations governing services to be provided by the CONSULTANT pursuant to this Contract.
iii. Work Specific Standards. The CONSULTANT and its SUBCONSULTANTS, if any, have
obtained, will obtain and/or will maintain all required permits, licenses, registrations and
approvals, as well as comply with all health, safety, and environmental statutes, rules, or
regulations in the performance of work activities for the LPA.
iv. Secretary of State Registration. If the CONSULTANT is an entity described in IC Title 23, it is
properly registered and owes no outstanding reports with the Indiana Secretary of State.
V. Debarment and Suspension of CONSULTANT. Neither the CONSULTANT nor its principals are
presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from entering into this Contract by any federal agency or by any department, agency or
political subdivision of the State and will immediately notify the LPA of any such actions. The
term "principal" for purposes of this Contract means an officer, director, owner, partner, key
employee, or other person with primary management or supervisory responsibilities, or a person
who has a critical influence on or substantive control over the operations of the CONSULTANT
or who has managerial or supervisory responsibilities for the Services.
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vi. Debarment and Suspension of any SUBCONSULTANTS. The CONSULTANT'S
SUBCONSULTANTS are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from entering into this Contract by any federal agency or by any
department, agency or political subdivision of the State. The CONSULTANT shall be solely
responsible for any recoupment, penalties or costs that might arise from the use of a suspended or
debarred SUBCONSULTANT. The CONSULTANT shall immediately notify the LPA and
INDOT if any SUBCONSULTANT becomes debarred or suspended, and shall, at the LPA's
request, take all steps required by the LPA to terminate its contractual relationship with the
SUBCONSULTANT for work to be performed under this Contract.
C. Violations. In addition to any other remedies at law or in equity, upon CONSULTANT'S violation of any
of Section 7(A) through 7(B), the LPA may, at its sole discretion, do any one or more of the following:
i. terminate this Contract; or
ii. delay, withhold, or deny work under any supplement or amendment, change order or other
contractual device issued pursuant to this Contract.
D. Disputes. If a dispute exists as to the CONSULTANT's liability or guilt in any action initiated by the LPA,
and the LPA decides to delay, withhold, or deny work to the CONSULTANT, the CONSULTANT may request that
it be allowed to continue, or receive work, without delay. The CONSULTANT must submit, in writing, a request
for review to the LPA. A determination by the LPA under this Section 7.1) shall be final and binding on the parties
and not subject to administrative review. Any payments the LPA may delay, withhold, deny, or apply under this
section shall not be subject to penalty or interest under IC 5-17-5.
8. Condition of Payment. The CONSULTANT must perform all Services under this Contract to the LPA's
reasonable satisfaction, as determined at the discretion of the LPA and in accordance with all applicable federal,
state, local laws, ordinances, rules, and regulations. The LPA will not pay for work not performed to the LPA's
reasonable satisfaction, inconsistent with this Contract or performed in violation of federal, state, or local law
(collectively, "deficiencies") until all deficiencies are remedied in a timely manner.
9. Confidentiality of LPA Information.
A. The CONSULTANT understands and agrees that data, materials, and information disclosed to the
CONSULTANT may contain confidential and protected information. Therefore, the CONSULTANT covenants that
data, material, and information gathered, based upon or disclosed to the CONSULTANT for the purpose of this
Contract, will not be disclosed to others or discussed with third parties without the LPA's prior written consent.
B. The parties acknowledge that the Services to be performed by the CONSULTANT for the LPA under this
Contract may require or allow access to data, materials, and information containing Social Security numbers and
maintained by the LPA in its computer system or other records. In addition to the covenant made above in this
section and pursuant to 10 IAC 5-3-1(4), the CONSULTANT and the LPA agree to comply with the provisions of
IC 4-1-10 and IC 4-1-11. If any Social Security number(s) is/are disclosed by the CONSULTANT, the
CONSULTANT agrees to pay the cost of the notice of disclosure of a breach of the security of the system in
addition to any other claims and expenses for which it is liable under the terms of this Contract.
10. Delays and Extensions. The CONSULTANT agrees that no charges or claim for damages shall be made
by it for any minor delays from any cause whatsoever during the progress of any portion of the Services specified in
this Contract. Such delays, if any, shall be compensated for by an extension of time for such period as may be
determined by the LPA subject to the CONSULTANT's approval, it being understood, however, that permitting the
CONSULTANT to proceed to complete any services, or any part of them after the date to which the time of
completion may have been extended, shall in no way operate as a waiver on the part of the LPA of any of its rights
herein. In the event of substantial delays or extensions, or change of any kind, not caused by the CONSULTANT,
which causes a material change in scope, character or complexity of work the CONSULTANT is to perform under
this Contract, the LPA at its sole discretion shall determine any adjustments in compensation and in the schedule for
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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 Requirements.
A. Notice is hereby given to the CONSULTANT and any SUB -CONSULTANT, and both agree, that failure
to carry out the requirements set forth in 49 CFR Sec. 26.13(b) shall constitute a breach of this Contract and, after
notification and failure to promptly cure such breach, may result in termination of this Contract or such remedy as
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 26 in the award and administration of DOT -assisted contracts. Failure by the
CONSULTANT to carry out these requirements is a material breach of this Contract, which may result in
the termination of this Contract or such other remedy, as the LPA, as the sub -recipient and INDOT, as the
recipient, deem appropriate.
B. During the performance of this Contract, the CONSULTANT agrees as follows:
The CONSULTANT shall comply with the Regulations relative to nondiscrimination in Federally -
assisted programs of the Department of Transportation Title 49, Code of Federal Regulations, Part
21, as they may be amended from time to time, (hereinafter referred to in this part as the
Regulations), which are herein incorporated by reference and made a part of this Contract.
ii. In the event of the CONSULTANT's noncompliance with the nondiscrimination provisions of this
Contract, the LPA shall impose such sanctions as it, INDOT or the Federal Highway
Administration may determine to be appropriate, including, but not Iimited to: (a) withholding of
payments to the CONSULTANT under this Contract until the CONSULTANT complies, and/or
(b) canceIlation, termination or suspension of this Contract, in whole or in part.
C. The CONSULTANT shall make good faith efforts to achieve the DBE percentage goal that may be
included as part of this Contract with the approved DBE SUB -CONSULTANTS identified on its Affirmative Action
Certification submitted with its Letter of Interest, or with approved amendments. Any changes to a DBE firm listed
in the Affirmative Action Certification must be requested in writing and receive prior approval by the LPA and
INDOT's Economic Opportunity Division Director. After this Contract is completed and if a DBE SUB -
CONSULTANT has performed services thereon, the CONSULTANT must complete, and return, a Disadvantaged
Business Enterprise Utilization Affidavit ("DBE-3 Form") to INDOT's Economic Opportunity Division Director.
The DBE-3 Form requires certification by the CONSULTANT AND DBE SUB -CONSULTANT that the
committed contract amounts have been paid and received.
12. Disputes
A. Should any disputes arise with respect to this Contract, the CONSULTANT and the LPA agree to act
promptly and in good faith to resolve such disputes in accordance with this Section 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 toward resolving a dispute, the party must notify
the other party of this dissatisfaction in writing. Upon written notice, the parties have ten (10) business days, unless
the parties mutually agree in writing to extend this period, following the written notification to resolve the dispute.
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If the dispute is not resolved within ten (10) business days, a dissatisfied party may submit the dispute in writing to
initiate negotiations to resolve the dispute. The LPA may withhold payments on disputed items pending resolution
of the dispute.
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 receiving actual notice
that an employee of the CONSULTANT in the State of Indiana has been convicted of a criminal drug violation
occurring in the CONSULTANT's workplace. False certification or violation of the certification may result in
sanctions including, but not limited to, suspension of Contract payments, termination of this Contract and/or
debarment of contracting opportunities with the LPA.
B. The CONSULTANT certifies and agrees that it will provide a drug -free workplace by:
Publishing and providing to all of its employees a statement notifying their employees that the
unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is
prohibited in the CONSULTANT's workplace and specifying the actions that will be taken against
employees for violations of such prohibition;
ii. Establishing a drug -free awareness program to inform its employees of (1) the dangers of drug
abuse in the workplace; (2) the CONSULTANT's policy of maintaining a drug -free workplace;
(3) any available drug counseling, rehabilitation, and employee assistance programs; and (4) the
penalties that may be imposed upon an employee for drug abuse violations occurring in the
workplace;
iii. Notifying all employees in the statement required by subparagraph 13.B.i above that as a
condition of continued employment, the employee will (1) abide by the terms of the statement;
and (2) notify the CONSULTANT of any criminal drug statute conviction for a violation
occurring in the workplace no later than five (5) days after such conviction;
iv. Notifying in writing the LPA within ten (10) days after receiving notice from an employee under
subdivision 13.B.iii(2) above, or otherwise receiving actual notice of such conviction;
V. Within thirty (30) days after receiving notice under subdivision 13.B.iii(2) above of a conviction,
imposing the following sanctions or remedial measures on any employee who is convicted of drug
abuse violations occurring in the workplace: (1) take appropriate personnel action against the
employee, up to and including termination; or (2) require such employee to satisfactorily
participate in a drug abuse assistance or rehabilitation program approved for such purposes by a
Federal, State or local health, law enforcement, or other appropriate agency; and
vi. Making a good faith effort to maintain a drug -free workplace through the implementation of
subparagraphs 13.B.i through 13.B.v above.
14. Force Majeure. In the event that either party is unable to perform any of its obligations under this
Contract or to enjoy any of its benefits because of fire, natural disaster, acts of God, acts of war, terrorism, civil
disorders, decrees of governmental bodies, strikes, lockouts, labor or supply disruptions or similar causes beyond the
reasonable control of the affected party (hereinafter referred to as a Force Majeure Event), the party who has been so
affected shall immediately give written notice to the other party of the occurrence of the Force Majeure Event (with
a description in reasonable detail of the circumstances causing such Event) and shall do everything reasonably
possible to resume performance. Upon receipt of such written notice, all obligations under this Contract shall be
immediately suspended for as long as such Force Majeure Event continues and provided that the affected party
continues to use commercially reasonable efforts to recommence performance whenever and to whatever extent
possible without delay. If the period of nonperformance exceeds thirty (30) days from the receipt of written notice
of the Force Majeure Event, the party whose ability to perform has not been so affected may, by giving written
notice, terminate this Contract.
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15. Governing Laws. This Contract shall be construed in accordance with and governed by the laws of the
State of Indiana and the suit, if any, must be brought in the State of Indiana. The CONSULTANT consents to the
jurisdiction of and to venue in any court of competent jurisdiction in the State of Indiana.
16. Liability. If the CONSULTANT or any of its SUB -CONSULTANTS fail to comply with any federal
requirement which results in the LPA's repayment of federal funds to INDOT the CONSULTANT shall be
responsible to the LPA, for repayment of such costs to the extent such costs are caused by the CONSULTANT
and/or its SUB -CONSULTANTS.
17. Indemnification. The CONSULTANT agrees to indemnify the LPA, its officials, and employees, and to
hold each of them harmless, from claims and suits including court costs, attorney's fees, and other expenses caused
by any negligent act, error or omission of, or by any recklessness or willful misconduct by, the CONSULTANT
and/or its SUB -CONSULTANTS, if any, under this Contract. The LPA shall not provide such indemnification to
the CONSULTANT.
18. Independent Contractor. Both parties hereto, in the performance of this Contract, shall act in an
individual capacity and not as agents, employees, partners, joint ventures or associates of one another. The
employees or agents of one party shall not be deemed or construed to be the employees or agents of the other party
for any purposes whatsoever. Neither party will assume liability for any injury (including death) to any persons, or
damage to any property, arising out of the acts or omissions of the agents or employees of the other party. The
CONSULTANT shall be responsible for providing all necessary unemployment and workers' compensation
insurance for its employees.
19. Insurance - Liability for Damages.
A. The CONSULTANT shall be responsible for the accuracy of the Services performed under this Contract
and shall promptly make necessary revisions or corrections resulting from its negligence, errors or omissions
without any additional compensation from the LPA. Acceptance of the Services by the LPA shall not relieve the
CONSULTANT of responsibility for subsequent correction of its negligent act, error or omission or for clarification
of ambiguities. The CONSULTANT shall have no liability for the errors or deficiencies in designs, drawings,
specifications or other services furnished to the CONSULTANT by the LPA on which the Consultant has
reasonably relied, provided that the foregoing shall not relieve the CONSULTANT from any liability from the
CONSULTANT'S failure to fulfill its obligations under this Contract, to exercise its professional responsibilities to
the LPA, or to notify the LPA of any errors or deficiencies which the CONSULTANT knew or should have known
existed.
B. During construction or any phase of work performed by others based on Services provided by the
CONSULTANT, the CONSULTANT shall confer with the LPA when necessary for the purpose of interpreting the
information, and/or to correct any negligent act, error or omission. The CONSULTANT shall prepare any plans or
data needed to correct the negligent act, error or omission without additional compensation, even though final
payment may have been received by the CONSULTANT. The CONSULTANT shall give immediate attention to
these changes for a minimum of delay to the project.
C. The CONSULTANT shall be responsible for damages including but not limited to direct and indirect
damages incurred by the LPA as a result of any negligent act, error or omission of the CONSULTANT, and for the
LPA's losses or costs to repair or remedy construction. Acceptance of the Services by the LPA shall not relieve the
CONSULTANT of responsibility for subsequent correction.
D. The CONSULTANT shall be required to maintain in full force and effect, insurance as described below
from the date of the first authorization to proceed until the LPA's acceptance of the work product. The
CONSULTANT shall list both the LPA and INDOT as insureds on any policies. The CONSULTANT must obtain
insurance written by insurance companies authorized to transact business in the State of Indiana and licensed by the
Department of Insurance as either admitted or non -admitted insurers.
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E. The LPA, its officers and employees assume no responsibility for the adequacy of limits and coverage in
the event of any claims against the CONSULTANT, its officers, employees, sub -consultants or any agent of any of
them, and the obligations of indemnification in Section 17 herein shall survive the exhaustion of limits of coverage
and discontinuance of coverage beyond the term specified, to the fullest extent of the law.
F. The CONSULTANT shall furnish a certificate of insurance and all endorsements to the LPA prior to the
commencement of this Contract. Any deductible or self -insured retention amount or other similar obligation under
the insurance policies shall be the sole obligation of the CONSULTANT. Failure to provide insurance as required in
this Contract is a material breach of Contract entitling the LPA to immediately terminate this Contract.
I. Professional Liability Insurance
The CONSULTANT must obtain and carry professional liability insurance as follows: For the LPA Prequalification
Work Types 1.1, 12.2-12.6 the CONSULTANTS shall provide not less than $250,000.00 professional liability
insurance per claim and $250.000.00 aggregate for all claims for negligent performance. For Work Types 2.2, 3.1,
3.2, 4.1, 4.2, 5.5, 5.8, 5.11, 6.1, 7.1, 8.1, 8.2, 9.1, 9.2, 10.1 — 10.4, 11.1, 14.1 — 14.5, the CONSULTANTS shall
carry professional liability insurance in an amount not less than $1,000,000.00 per claim and $1,000,000.00
aggregate for all claims for negligent performance. The CONSULTANT shall maintain the coverage for a period
ending two (2) years after substantial completion of construction.
II. Commercial General Liability Insurance
The CONSULTANT must obtain and carry Commercial 1 General liability insurance as follows: For INDOT
Prequalification Work Types 2.1, 6.1, 7.1, 8.1, 8.2, 9.1, 9.2, 10.1 - 10.4, 11.1, 14.1 - 14.5, the CONSULTANT shall
carry $1,000,000.00 per occurrence, $2,000,000,00 general aggregate. Coverage shall be on an occurrence form, and
include contractual liability. The policy shall be amended to include the following extensions of coverage:
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 $1,000,000.00 Combined Single Limit for Bodily Injury
and Property Damage. The term "automobile" shall include private passenger autos, trucks, and similar type
vehicles licensed for use on public highways. The policy shall be amended to include the following extensions of
coverage:
Contractual Liability coverage shall be included.
2. The policy shall provide thirty (30) days notice of cancellation to the LPA.
The CONSULTANT shall name the LPA as an additional insured.
IV. Watercraft Liability (When Applicable)
1. When necessary to use watercraft for the performance of the CONSULTANT's Services
under the terms of this Contract, either by the CONSULTANT, or any SUB -CONSULTANT, the
CONSULTANT or SUB -CONSULTANT operating the watercraft shall carry watercraft liability insurance
in the amount of $1,000,000 Combined Single Limit for Bodily Injury and Property Damage, including
Protection & Indemnity where applicable. Coverage shall apply to owned, non -owned, and hired
watercraft.
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2. If the maritime laws apply to any work to be performed by the CONSULTANT under the
terms of the agreement, the following coverage shall be provided:
a. United States Longshoremen & Harbor workers
b. Maritime Coverage - Jones Act
The policy shall provide thirty (30) days notice of cancellation to the LPA.
4. The CONSULTANT or SUB -CONSULTANT shall name the LPA as an additional
insured.
V. Aircraft Liability (When Applicable)
1. When necessary to use aircraft for the performance of the CONSULTANT's Services
under the terms of this Contract, either by the CONSULTANT or SUB -CONSULTANT, the
CONSULTANT or SUB -CONSULTANT operating the aircraft shall carry aircraft liability insurance in the
amount of $5,000,000 Combined Single Limit for Bodily Injury and Property Damage, including Passenger
Liability. Coverage shall apply to owned, non -owned and hired aircraft.
2. The policy shall provide thirty (30) days notice of cancellation to the LPA.
The CONSULTANT or SUB -CONSULTANT shall name the LPA as an additional
insured.
20. 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.
21. Notice to Parties: Any notice, request, consent or communication (collectively a "Notice") under this
Agreement shall be effective only if it is in writing and (a) personally delivered; (b) sent by certified or registered
mail, return receipt requested, postage prepaid; or (c) sent by a nationally recognized overnight delivery service,
with delivery confirmed and costs of delivery being prepaid, addressed as follows:
Notices to the LPA shall be sent to:
50 N. 5c' Street
Richmond, IN 47374
Notices to the CONSULTANT shall be sent to:
5450 Westfield Boulevard, Suite 300
Indianapolis, IN 46240
or to such other address or addresses as shall be furnished in writing by any party to the other party. Unless the
sending party has actual knowledge that a Notice was not received by the intended recipient, a Notice shall be
deemed to have been given as of the date (i) when personally delivered; (ii) three (3) days after the date deposited
with the United States mail properly addressed; or (iii) the next day when delivered during business hours to
overnight delivery service, properly addressed and prior to such delivery service's cut off time for next day delivery.
The parties acknowledge that notices delivered by facsimile or by email shall not be effective.
22. Order of Precedence, Incorporation by Reference. Any inconsistency or ambiguity in this Contract
shall be resolved by giving precedence in the following order: (1) This Contract and attachments, (2) RFP
document, (3) the CONSULTANT's response to the RFP document, and (4) attachments prepared by the
CONSULTANT. All of the foregoing are incorporated fuIIy by reference.
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23. Ownership of Documents and Materials. All documents, records, programs, data, film, tape, articles,
memoranda, and other materials not developed or licensed by the CONSULTANT prior to execution of this
Contract, but specifically developed under this Contract shall be considered "work for hire" and the CONSULTANT
assigns and transfers any ownership claim to the LPA and all such materials ("Work Product) will be the property of
the LPA. The CONSULTANT agrees to execute and deliver such assignments or other documents as may be
requested by the LPA. Use of these materials, other than related to contract performance by the CONSULTANT,
without the LPA's prior written consent, is prohibited. During the performance of this Contract, the
CONSULTANT shall be responsible for any loss of or damage to any of the Work Product developed for or
supplied by INDOT and used to develop or assist in the Services provided herein while any such Work Product is in
the possession or control of the CONSULTANT. Any loss or damage thereto shall be restored at the
CONSULTANT's expense. The CONSULTANT shall provide the LPA full, immediate, and unrestricted access to
the Work Product during the term of this Contract. The CONSULTANT represents, to the best of its knowledge and
belief after diligent inquiry and other than as disclosed in writing prior to or contemporaneously with the execution
of this Contract by the CONSULTANT, that the Work Product does not infringe upon or misappropriate the
intellectual property or other rights of any third party. The CONSULTANT shall not be liable for the use of its
deliverables described in Appendix "A" on other projects without the express written consent of the
CONSULTANT or as provided in Appendix "A". The LPA acknowledges that it has no claims to any copyrights
not transferred to INDOT under this paragraph.
24. Payments. All payments shall be made in arrears and in conformance with the LPA's fiscal policies and
procedures.
25. Penalties, Interest and Attorney's Fees. The LPA will in good faith perform its required obligations
hereunder, and does not agree to pay any penalties, liquidated damages, interest, or attorney's fees, except as
required by Indiana law in part, IC 5-17-5, I. C. 34-54-8, and 1. C. 34-13-1.
26. Pollution Control Requirements. If this Contract is for $100,000 or more, the CONSULTANT:
Stipulates that any facility to be utilized in performance under or to benefit from this Contract is
not listed on the Environmental Protection Agency (EPA) List of Violating Facilities issued
pursuant to the requirements of the Clean Air Act, as amended, and the Federal Water Pollution
Control Act, as amended;
ii. Agrees to comply with all of the requirements of section 114 of the Clean Air Act and section 308
of the Federal Water Pollution Control Act, and all regulations and guidelines issued thereunder;
and
iii. Stipulates that, as a condition of federal aid pursuant to this Contract, it shall notify INDOT and
the Federal Highway Administration of the receipt of any knowledge indicating that a facility to
be utilized in performance under or to benefit from this Contract is under consideration to be listed
on the EPA Listing of Violating Facilities.
27. Severability. The invalidity of any section, subsection, clause or provision of this Contract shall not affect
the validity of the remaining sections, subsections, clauses or provisions of this Contract.
28. Status of Claims. The CONSULTANT shall give prompt written notice to the LPA any claims made for
damages against the CONSULTANT resulting from Services performed under this Contract and shall be responsible
for keeping the LPA currently advised as to the status of such claims. The CONSULTANT shall send notice of
claims related to work under this Contract to:
29. Sub -consultant Acknowledgement. The CONSULTANT agrees and represents and warrants to the LPA,
that the CONSULTANT will obtain signed Sub -consultant Acknowledgement forms, from all SUB -
CONSULTANTS providing Services under this Contract or to be compensated for Services through this Contract.
The CONSULTANT agrees to provide signed originals of the Sub -consultant Acknowledgement form(s) to the LPA
for approval prior to performance of the Services by any SUB -CONSULTANT.
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30. Substantial Performance. This Contract shall be deemed to be substantially performed only when fully
performed according to its terms and conditions and any modification or Amendment thereof.
31. Taxes. The LPA will not be responsible for any taxes levied on the CONSULTANT as a result of this
Contract.
32. Termination for Convenience.
A. The LPA may terminate, in whole or in part, whenever, for any reason, when the LPA determines that such
termination is in its best interests. Termination or partial termination of Services shall be effected by delivery to the
CONSULTANT of Termination Notice at least fifteen (15) days prior to the termination effective date, specifying
the extent to which performance of Services under such termination becomes effective. The CONSULTANT shall
be compensated for Services properly rendered prior to the effective date of termination. The LPA will not be liable
for Services performed after the effective date of termination.
B. If the LPA terminates or partially terminates this Contract for any reason regardless of whether it is for
convenience or for default, then and in such event, all data, reports, drawings, plans, sketches, sections and models,
all specifications, estimates, measurements and data pertaining to the project, prepared under the terms or in
fulfillment of this Contract, shall be delivered within ten (10) days to the LPA. In the event of the failure by the
CONSULTANT to make such delivery upon demand, the CONSULTANT shall pay to the LPA any damage
(including costs and reasonable attorneys' fees and expenses) it may sustain by reason thereof.
33. Termination for Default.
A. With the provision of twenty (20) days written notice to the CONSULTANT, the LPA may terminate this
Contract in whole or in part if
(i) the CONSULTANT fails to:
1. Correct or cure any breach of this Contract within such time, provided that if such cure is not
reasonably achievable in such time, the CONSULTANT shall have up to ninety (90) days from such notice
to effect such cure if the CONSULTANT promptly commences and diligently pursues such cure as soon as
practicable;
2. Deliver the supplies or perform the Services within the time specified in this Contract or any
amendment or extension;
3. Make progress so as to endanger performance of this Contract; or
4. Perform any of the other provisions of this Contract to be performed by the CONSULTANT; or
(ii) if any representation or warranty of the CONSULTANT is untrue or inaccurate in any material respect at the
time made or deemed to be made.
B. If the LPA terminates this Contract in whole or in part, it may acquire, under the terms and in the manner
the LPA considers appropriate, supplies or services similar to those terminated, and the CONSULTANT wiII be
liable to the LPA for any excess costs for those supplies or services. However, the CONSULTANT shall continue
the work not terminated.
C. The LPA shall pay the contract price for completed supplies delivered and Services accepted. The
CONSULTANT and the LPA shall agree on the amount of payment for manufactured materials delivered and
accepted and for the protection and preservation of the property. Failure to agree will be a dispute under the
Disputes clause (see Section 14). The LPA may withhold from the agreed upon price for Services any sum the LPA
determine necessary to protect the LPA against loss because of outstanding liens or claims of former lien holders.
D. The rights and remedies of the LPA in this clause are in addition to any other rights and remedies provided
by law or equity or under this Contract.
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E. Default by the LPA. If the CONSULTANT believes the LPA is in default of this Contract, it shall provide
written notice immediately to the LPA describing such default. If the LPA fails to take steps to correct or cure any
material breach of this Contract within sixty (60) days after receipt of such written notice, the CONSULTANT may
cancel and terminate this Contract and institute the appropriate measures to collect monies due up to and including
the date of termination, including reasonable attorney fees and expenses, provided that if such cure is not reasonably
achievable in such time, the LPA shall have up to one hundred twenty (120) days from such notice to effect such
cure if the LPA promptly commences and diligently pursues such cure as soon as practicable. The CONSULTANT
shall be compensated for Services properly rendered prior to the effective date of such termination. The
CONSULTANT agrees that it has no right of termination for non -material breaches by the LPA.
34. Waiver of Rights. No rights conferred on either party under this Contract shall be deemed waived, and no
breach of this Contract excused, unless such waiver or excuse is approved in writing and signed by the parry claimed
to have waived such right. Neither the LPA's review, approval or acceptance of, nor payment for, the Services
required under this Contract shall be construed to operate as a waiver of any rights under this Contract or of any
cause of action arising out of the performance of this Contract, and the CONSULTANT shall be and remain liable to
the LPA in accordance with applicable law for all damages to the LPA caused by the CONSULTANT's negligent
performance of any of the Services furnished under this Contract.
35. Work Standards/Conflicts of Interest.
The CONSULTANT shall understand and utilize all relevant INDOT standards including, but not limited
to, the most current version of the Indiana Department of Transportation Design Manual, where applicable, and
other appropriate materials and shall perform all Services in accordance with the standards of care, skill and
diligence required in Appendix "A" or, if not set forth therein, ordinarily exercised by competent professionals
doing work of a similar nature.
36. No Third -Party Beneficiaries.
This Agreement is solely for the benefit of the parties hereto. Other than the indemnity rights under this Contract,
nothing contained in this Agreement is intended or shall be construed to confer upon any person or entity (other than
the parties hereto) any rights, benefits or remedies of any kind or character whatsoever.
[Remainder of Page Intentionally Left Blank]
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Non -Collusion.
The undersigned attests, subject to the penalties for perjury, that he/she is the CONSULTANT, or that he/she is the
properly authorized representative, agent, member or officer of the CONSULTANT, that he/she has not, nor has any
other member, employee, representative, agent or officer of the CONSULTANT, directly or indirectly, to the best of
his/her knowledge, entered into or offered to enter into any combination, collusion or agreement to receive or pay,
and that he/she has not received or paid, any sum of money or other consideration for the execution of this Contract
other than that which appears upon the face of this Contract.
In Witness Whereof, the CONSULTANT and the State of Indiana 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
BUTLER, FAIRMAN and SEUFERT, INC
1L i,
Biadfey D. Watson, Executive V.P.
Attest:
I PJ
Gary L. Pohl, Executive V.P.
LOCAL PUBLIC AGENCY
BOARD OF PUBLIC WORKS AND SAFETY
RICH ND, INDIANA
�Z/� • &/,W�-
Vicki Robinson, President
AA�- A
6 as ny L.Fes :, Member
U0N /'.IcelloN
awsetl, Member
19nr4koN y L, Fo�ie�Z
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APPENDIX "A"
In fulfillment of this Contract, the CONSULTANT shall comply with the requirements of the
appropriate regulations and requirements of the Indiana Department of Transportation and Federal
Highway Administration.
The CONSULTANT shall be responsible for performing the following activities:
Services by CONSULTANT
A. Engineering Personnel
For the fulfillment of all services outlined in Section B below, the
CONSULTANT will provide one (1) fulltime Resident Project Representative, and Inspectors
and clerical and secretarial personnel as required for a period of time necessary to complete the
construction project and final construction report.
The qualifications and experiences of personnel provided by the CONSULTANT
are subject to approval by the Local Public Agency and the Indiana Department of
Transportation and no personnel will be assigned to the project until Local Public Agency and
Indiana Department of Transportation approval is obtained.
The fulltime Resident Project Representative will take directions from and report
to the Indiana Department of Transportation's Area Engineer on all matters concerning contract
compliance and administration.
The fulltime Resident Project Representative will coordinate project activities with the
Local Public Agency's Project Coordinator and Indiana Department of Transportation's Area
Engineer.
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B. Description of Services
1. Construction Schedule: Review the construction schedule prepared by the
Contractor for compliance with the Contract, and give to the Local Public
Agency detailed documentation concerning its acceptability.
2. Conferences: Attend pre -construction conferences as directed by the Local
Public Agency, arrange a schedule of progress meetings, and such other job
conferences as required for the timely and acceptable conduct of the job,
and submit such schedules prepared, to the Local Public Agency for
notification to those who are expected to attend. Record for the Local
Public Agency, as directed, minutes of such meetings. The CONSULTANT
shall be available for conferences as requested by the Local Public Agency,
State, and Federal Highway Administration to review working details of the
project. The Local Public Agency, State and Federal Highway
Administration may review and inspect the activities whenever desired
during the life of the Agreement.
3. Liaison: Serve as the Local Public Agency's liaison with the contractor,
working principally through the Contractor's field superintendent or such
other person in authority as designated by the Contractor. Acting in liaison
capacity, the fulltime Resident Project Representative shall be thoroughly
familiar with the plans and specifications applicable to the project to insure
that all provisions therein are complied with. Any deviation observed shall
be reported to the Local Public Agency and Indiana Department of
Transportation by the fulltime Resident Project Representative.
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4. Cooperate with the Local Public Agency in dealing with the various Federal,
State and Local Agencies having jurisdiction over the project.
5. Assist the Local Public Agency and Indiana Department of Transportation
in obtaining from the Contractor a list of his proposed suppliers and sub-
contractors.
6. Assist the Local Public Agency and Indiana Department of Transportation
in obtaining from the Contractor additional details or information when
needed at the job site for proper execution of work.
7. Equipment — Furnish all equipment necessary to sample and test materials in
accordance with Indiana Department of Transportation's procedures.
S. Samples — Obtain field samples of materials delivered to the site as required
by the State and deliver such samples to the appropriate Indiana Department
of Transportation laboratory office.
9. Shop Drawings:
a. Receive shop drawings and falsework drawings. Check for
completeness and then forward to INDOT personnel for approval.
b. Review approved shop and falsework drawings, specifications and
other submissions, record receipt of this data, maintain a file of all
drawings and submissions, and check construction for compliance in
accordance with the Contract Documents.
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C. Alert the Contractor's field superintendent when it is observed that
materials or equipment are being or about to be used or installed
before approval of shop drawings or samples, where such are required,
and advise the Local Public Agency and Indiana Department of
Transportation when he believes it is necessary to disapprove work as
failing to conform to the Contract Documents.
10. Review of Work, Inspection and Tests:
a. Conduct on -site inspections for the Local Public Agency of the work
in progress as a basis for determining that the project is proceeding in
accordance with the Contract Documents.
b. Provide on -site acceptance testing of materials in the manner and
extent prescribed by the latest edition of the Indiana State Highway
Commission Construction Manual and in accordance with current
accepted practices.
C. Accompany visiting inspectors, representing Local, State or Federal
Agencies having jurisdiction over the project, and report details of
such inspection to the Local Public Agency and Indiana Department of
Transportation.
d. Verify that required testing has been accomplished.
11. Modification: Consider and evaluate the Contractor's suggestions for
modifications in drawings and/or specifications and report them with
recommendations to the Local Public Agency and Indiana Department of
Transportation.
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12. Records:
a. Prepare and maintain at the job site orderly files of correspondence,
reports of job conferences, shop drawings and other submissions,
reproductions of original Contract Documents, including all addenda,
change orders and additional drawings subsequent to the award of the
Contract, progress reports and other project related documents.
b. Keep a diary or log book, recording hours on the job site, weather
conditions, list of visiting officials, decisions, general observations,
and specific observations with regard to test procedures. Upon request
furnish copies of such a diary or log book to the Local Public Agency.
C. Maintain for the Local Public Agency, a record of names, addresses
and telephone numbers of all sub -contractors and major material
suppliers.
d. Maintain a set of drawings on which authorized changes are noted, and
deliver to the Local Public Agency upon request, but in any event at
the completion of the project.
e. Prepare the Final Construction Record and Final Estimate as required
by the Indiana Department of Transportation and the Local Public
Agency.
13. Reports: Furnish to the Indiana Department of Transportation and the Local
Public Agency at periodic intervals, as required, progress reports of the
project, including the contractor's compliance with the approved
construction schedule.
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14. Progress Estimates: Prepare progress estimates for periodic partial
payments to the Contractor and deliver to the Local Public Agency and
Indiana Department of Transportation for review and processing. The
payments to the Contractor will be based on estimates of the value of work
performed and materials complete in place in accordance with the contract.
15. Project Responsibility: The Resident Project Representative will be
responsible for the documentation of pay quantities and estimates, and the
maintenance of appropriate records related to the construction of this
project.
16. Work Schedule and Suspension: The consultant's crew will be required to
regulate their work week to conform to the contractor's hours in accordance
with the directions of the Indiana Department of Transportation's Area
Engineer. If work on the construction project is suspended and all matters
concerning contract compliance and administration are complete, the
services of the consultant may also be suspended without cost to the project.
17. Contract Administration: The CONSULTANT will administer the contract
in accordance with Indiana Department of Transportation's procedures.
18. Conflict of Interest: The CONSULTANT acknowledges and agrees that the
CONSULTANT, a firm associated with the CONSULTANT or an
individual associated with the CONSULTANT can not accept or perform
any work (including but not limited to construction engineering, production
staking, falsework drawings, shop drawings) for the contractor, material
supplier of the contractor or for any of the contractor's subcontractors on
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this project. For purposes of this section a firm is associated with the
CONSULTANT if the firm and CONSULTANT have a common director,
common officer or a common owner. For purposes of this section an
individual is associated with the CONSULTANT if the individual is an
employee of the CONSULTANT or an employee of a firm associated with
R R-M4Is] 2 YRMHMMI
For purposes of this section the following definitions shall be used:
Director — Any member of the board of directors of a corporation.
Officer — The president, secretary, treasurer, or such other officers as may be
prescribed by the corporations bylaws.
Owner — A sole proprietor, any partner in a partnership, or any shareholder
of a corporation.
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APPENDIX "B"
Information and Services to be furnished by Local Public Agency
The Local Public Agency shall furnish the CONSULTANT with the following:
1. Local Public Agency shall designate an employee as Project Coordinator to
coordinate activities between CONSULTANT, INDOT and the Local Public
Agency.
2. Assistance to the CONSULTANT by placing at his disposal all available
information pertinent to the project.
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APPENDIX "C"
Schedule
The CONSULTANT will be prepared to begin the work under this Agreement within
five (5) days after a letter of notification to proceed is received from the Local Public
Agency. The CONSULTANT shall complete and deliver the final construction record
and final estimate to the district director within forty-five (45) calendar days after the
contractor's last day of work.
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APPENDIX "D"
Compensation:
A. Amount of Payment
1. The CONSULTANT shall receive as payment for the work performed under this
Contact the total amount not to exceed $59,276.00, unless a supplement is
executed by the parties which increases the maximum amount payable.
2. The CONSULTANT will be paid for the work described in Appendix "A" in
accordance with the following negotiated hourly billing rates per classification.
Labor Classification
Allowable Hourly Rates Per Year
2011
2012
2013
Coordinator
Regular rate
$139.33
$144.90
$150.70
Overtime rate
$162.68
$169.18
$175.95
Project Engineer II
Regular rate
$114.92
$119.52
$124.30
Overtime rate
$134.18
$13 9.54
$145.12
Project Engineer I
Regular rate
$89.92
$93.52
$97.26
Overtime rate
$104.99
$109.18
$113.5 5
Project Supervisor 11
Regular rate
$82.10
$85.38
$88.80
Overtime rate
$95.86
$99.69
$103.68
Project Supervisor I
Regular rate
$72.28
$75.17
$78.18
Overtime rate
$84.39
$87.77
$91.28
Inspector
Regular rate
$66.40
$69.06
$71.82
Overtime rate
$77.53
$80.63
$83.85
Clerical II
Regular rate
$79.11
$82.27
$85.56
Overtime rate
$92.37
$96.06
$99.90
Clerical I
Regular rate
$54.70
$56.89
$59.17
Overtime rate
$63.87
$66.42
$69.08
The classification rates are based on the calendar year for the actual hours of work
performed by essential personnel exclusively working on this Contract.
3. For those services performed by the CONSULTANT, the CONSULTANT will be
reimbursed the direct non -salary costs (the actual out-of-pocket expenses of the
CONSULTANT directly attributable to this Contract, such as fares, subsistence,
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mileage, long distance calls, equipment rentals, reproductions, etc.) as approved
by INDOT. The direct non -salary costs for travel reimbursement shall not exceed
the limitations on travel expenses set out in the current State of Indiana policy on
travel reimbursement.
4. For those services performed by other than the CONSULTANT, the
CONSULTANT will be reimbursed for the actual invoice for the services
performed by other than the CONSULTANT, provided that each such invoice
shall be subject to approval as reasonable by the Local Public Agency prior to any
reimbursement therefore.
It is the policy of the Indiana Department of Transportation that Project Representatives
and/or Inspectors be on the construction site whenever the Contractor is engaged in any
activity requiring inspection or testing concurrent with the construction or activity. In
order for the contractor to comply with the Contract Plans and Specifications and
complete the work within the time required, it is often necessary for the Contractor to
work more than an 8-hour day and more than a 5-day week. This in turn may require the
Resident Project Representative and Inspectors to work over 40 hours per week. The
CONSULTANT shall not bill for overtime for any individual until 40 hours have been
worked, on this Contract or other projects, for the week by that individual. The
CONSULTANT shall bill overtime according to the negotiated hourly billing rates per
classification in Appendix "D" Section A.2.
6. The actual amount payable shall be determined in accordance with a final audit by
INDOT's Division of Cost Accounting and Audits.
B. Method of Payment
The CONSULTANT may submit a maximum of one invoice voucher per
calendar month for work covered under this Contract.
2. The invoice shall represent the value, to the Local Public Agency, of the partially
completed work as of the date of the invoice. When submitting an invoice, the
CONSULTANT shall furnish a copy of records showing the individuals who
worked on this Contract during the month, their classification, number of hours
worked since the last invoice voucher was submitted, and the hourly rate.
3. If, prior to the satisfactory completion of the services under this Contact, the total
of the direct and indirect costs incurred and completed by the CONSULTANT is
within ten percent (10%) of the maximum amount payable, the CONSULTANT
shall notify INDOT and the status will be evaluated.
[Remainder of Page Intentionally Left Blank]
24
EXHIBIT D-1
WHITEWATER GORGE TRAIL FROM SOUTH 1ST STREET
TO JOHNSON STREET ALONG THE WHITEWATER RIVER
DES. NO.0600357
RICHMOND, INDIANA
CONSTRUCTION INSPECTION FEE BREAKDOWN
1. Basic Assumptions
Assume approximate contract construction period equals 6 months or 12 calendar weeks.
During the construction period, the Project Supervisor is assumed to be on the project full time or 46
hours per week. The Coordinating Engineer is assumed to be involved one hour per week. Clerical
involvement is assumed to be required one hour per week. Travel is assumed as approximately 120
miles per day, plus one additional round trip from the office each week at 140 miles.
Final construction record preparation is. assumed to involve the Project Supervisor, four days, the
Coordinating Engineer, one day and one day Clerical. Travel is assumed as four trips at 120 miles per
trip.
Final changes as a result of State review are assumed to involve the Project Supervisor one day, the
Coordinating Engineer, one day and one day of Clerical time. Travel is assumed as one trip at 120
miles per trip.
2. Itemized Breakdowns
A. Construction Period
Coordinating Engineer (2011)
12
weeks x
1
hours/week x
$139.33
/hour =
$
1,671.96
Project Supervisor II (2011)
12
weeks x
40
hours/week x
$ 82.10
/hour =
$
39,408.00
Project Supervisor II OT (2011)
12
weeks x
6
hours/week x
$ 95.86
/hour =
$
6,901.92
Clerical 1 (2011)
12
weeks x
1
hours/week x
$ 54.70
/hour =
$
656.40
Clerical 1 (2012)
12
weeks x
1
hours/week x
$ 56.89
/hour =
$
682.68
TOTAL
=
$
49,320.96
Travel = ( 12 x 1 x 140)
+ (
12 x 5 x
120)
= 8,880 miles
B. Final Preparation
Coordinating Engineer (2011)
Project Supervisor 11 (2011)
Clerical 1 (2011)
TOTAL
Travel = { 4 x 1 x 120 )
1 day x
8
hours x
$139.33
/hour =
$
1,114.64
4 days x
8
hours/day x
$ 82.10
/hour =
$
2,627.20
1 day x
8
hours x
$ 54.70
/hour =
$
437.60
480 miles
= $ 4,179.44
C. Final Revisions
Coordinating Engineer (2011)
Project Supervisor 11 (2011)
Clerical 1 (2011)
TOTAL
Travel = ( 1 x 1 x 120 )
1 day x 8 hours
1 day x 8 hours
1 day x 8 hours
x $139.33 /hour = $
x $ 82.10 /hour = $
x $ 54.70 /hour = $
120 miles
1,114.64
656.80
437.60
2,209.04
D. Total Base Payroll Costs A + B + C = $ 55,709.44
Travel - 9,480 miles at $0.40 = $ 3,792.00
TOTAL ESTIMATED COST = $ 59,501.44
USE _ $ 59,276.00
3. The construction cost of this project is estimated at approximately $ 408,800.00