HomeMy Public PortalAbout013-2014 - Metro - Rundell Ernstberger - LPA - Bike Path ImprovementsVersion 12-30-2013
LPA - CONSULTING CONTRACT
This Contract ("this Contract") is made and entered into effective as of , 2014 ("Effective Date")
by and between City of Richmond, Indiana, acting by and through its oper officials ("LOCAL PUBLIC
AGENCY" or "LPA"), and Rundell Ernstberger Associates, LLC ("the CONSULTANT"), a
corporation/limited liability company organized under the laws of the State of Indiana.
Des. No.: 1382810
Project Description: Pedestrian & bicycle safety improvements on East Main, 7th and 10th Streets in
downtown Richmond to include dedicated space for pedestrians, bicycles, vehicles, traffic calming, green
infrastructure, lighting, and directional signage.
RECITALS
WHEREAS, the LPA has entered into an agreement to utilize federal monies with the Indiana Department of
Transportation ("INDOT") for a transportation or transportation enhancement project ("the Project"), which
Project Coordination Contract is herein attached as Attachment I 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 ma4e an integral part of this Contract.
r
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 June 2017. 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 $ 722,680.00.
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 # 13-2014
Version 12-30-2013
SECTION VI GENERAL PROVISIONS
Access to Records. The CONSULTANT and any SUB -CONSULTANTS shall maintain all books,
documents, papers, correspondence, accounting records and other evidence pertaining to the cost
incurred under this Contract, and shall make such materials available at their respective offices at all
reasonable times during the period of this Contract and for five (5) years from the date of final
payment under the terms of this Contract, for inspection or audit by the LPA, INDOT and/or the
Federal Highway Administration ("FHWA") or its authorized representative, and copies thereof shall
be furnished free of charge, if requested by the LPA, INDOT, and/or FHWA. The CONSULTANT
agrees that, upon request by any agency participating in federally -assisted programs with whom the
CONSULTANT has contracted or seeks to contract, the CONSULTANT may release or make
available to the agency any working papers from an audit performed by the LPA, INDOT and/or
FHWA of the CONSULTANT and its SUB -CONSULTANTS in connection with this Contract,
including any books, documents, papers, accounting records and other documentation which support
or form the basis for the audit conclusions and judgments.
2. Assignment; Successors.
A. The CONSULTANT binds its successors and assignees to all the terms and conditions of this
Contract. The CONSULTANT shall not assign or subcontract the whole or any part of this
Contract without the LPA's prior written consent, except that the CONSULTANT may assign
its right to receive payments to such third parties as the CONSULTANT may desire without the
prior written consent of the LPA, provided that the CONSULTANT gives written notice
(including evidence of such assignment) to the LPA thirty (30) days in advance of any payment
so assigned. The assignment shall cover all unpaid amounts under this Contract and shall not
be made to more than one party.
B. Any substitution of SUB -CONSULTANTS must first be approved and receive written
authorization from the LPA. Any substitution or termination of a Disadvantaged Business
Enterprise ("DBE") SUB -CONSULTANT must first be approved and receive written
authorization from the LPA and INDOT's Economic Opportunity Division Director.
3. Audit. The CONSULTANT acknowledges that it may be required to submit to an audit of funds
paid through this Contract. Any such audit shall be conducted in accordance with 48 CFR part 31 and
audit guidelines specified by the State and/or in accordance with audit requirements specified
elsewhere in this Contract.
4. Authority to Bind Consultant. The CONSULTANT warrants that it has the necessary authority to
enter into this Contract. The signatory for the CONSULTANT represents that he/she has been duly
authorized to execute this Contract on behalf of the CONSULTANT and has obtained all necessary or
applicable approval to make this Contract fully binding upon the CONSULTANT when his/her
signature is affixed hereto.
5. Certification for Federal -Aid Contracts Lobbying Activities.
A. The CONSULTANT certifies, by signing and submitting this Contract, to the best of its
knowledge and belief after diligent inquiry, and other than as disclosed in writing to the LPA
prior to or contemporaneously with the execution and delivery of this Contract by the
CONSULTANT, the CONSULTANT has complied with Section 1352, Title 31, U.S. Code,
and specifically, that:
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
F)
Version 12-30-2013
entering into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any federal contract, grant, loan, or cooperative
agreement.
ii. If any funds other than federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any Federal
agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with this federal Contract, grant, loan, or cooperative
agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure
Form to Report Lobbying," in accordance with its instructions.
B. The CONSULTANT also agrees by signing this Contract that it shall require that the language
of this certification be included in all lower tier subcontracts, which exceed $100,000, and that
all such sub -recipients shall certify and disclose accordingly. Any person who fails to sign or
file this required certification shall be subject to a civil penalty of not less than $10,000 and not
more than $100,000 for each failure.
6. Changes in Work. The CONSULTANT shall not commence any additional work or change the
scope of the work until authorized in writing by the LPA. The CONSULTANT shall make no claim
for additional compensation or time in the absence of a prior written approval and amendment
executed by all signatories hereto. This Contract may be amended, supplemented or modified only by
a written document executed in the same manner as this Contract. The CONSULTANT acknowledges
that no claim for additional compensation or time may be made by implication, oral agreements,
actions, inaction, or course of conduct.
7. Compliance with Laws.
A. The CONSULTANT shall comply with all applicable federal, state and local laws, rules,
regulations and ordinances, and all provisions required thereby to be included herein are hereby
incorporated by reference. If the CONSULTANT violates such rules, laws, regulations and
ordinances, the CONSULTANT shall assume full responsibility for such violations and shall
bear any and all costs attributable to the original performance of any correction of such acts.
The enactment of any state or federal statute, or the promulgation of regulations thereunder,
after execution of this Contract shall be reviewed by the LPA and the CONSULTANT to
determine whether formal modifications are required to the provisions of this Contract.
B. The CONSULTANT represents to the LPA that, to the best of the CONSULTANT'S
knowledge and belief after diligent inquiry and other than as disclosed in writing to the LPA
prior to or contemporaneously with the execution and delivery of this Contract by the
CONSULTANT:
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.
Version 12-30-2013
iii. Work Specific Standards. The CONSULTANT and its SUB -CONSULTANTS, if
any, have obtained, will obtain and/or will maintain all required permits, licenses,
registrations and approvals, as well as comply with all health, safety, and environmental
statutes, rules, or regulations in the performance of work activities for the LPA.
iv. Secretary of State Registration. If the CONSULTANT is an entity described in IC Title
23, it is properly registered and owes no outstanding reports with the Indiana Secretary of
State.
V. Debarment and Suspension of CONSULTANT. Neither the CONSULTANT nor its
principals are presently debarred, suspended, proposed for debarment, declared ineligible,
or voluntarily excluded from entering into this Contract by any federal agency or by any
department, agency or political subdivision of the State and will immediately notify the
LPA of any such actions. The term "principal" for purposes of this Contract means an
officer, director, owner, partner, key employee, or other person with primary
management or supervisory responsibilities, or a person who has a critical influence on or
substantive control over the operations of the CONSULTANT or who has managerial or
supervisory responsibilities for the Services.
vi. Debarment and Suspension of any SUB -CONSULTANTS. The CONSULTANT's SUB -
CONSULTANTS are not presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from entering into this Contract by any
federal agency or by any department, agency or political subdivision of the State. The
CONSULTANT shall be solely responsible for any recoupment, penalties or costs that
might arise from the use of a suspended or debarred SUBCONSULTANT. The
CONSULTANT shall immediately notify the LPA and INDOT if any SUB -
CONSULTANT becomes debarred or suspended, and shall, at the LPA's request, take all
steps required by the LPA to terminate its contractual relationship with the SUB -
CONSULTANT for work to be performed under this Contract.
C. Violations. In addition to any other remedies at law or in equity, upon CONSULTANT'S
violation of any of Section 7(A) through 7(B), the LPA may, at its sole discretion, do any one or
more of the following:
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 7.13 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.
n
W
Version 12-30-2013
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-I1.
If any Social Security number(s) is/are disclosed by the CONSULTANT, the CONSULTANT
agrees to pay the cost of the notice of disclosure of a breach of the security of the system in
addition to any other claims and expenses for which it is liable under the terms of this Contract.
10. Delays and Extensions. The CONSULTANT agrees that no charges or claim for damages shall be
made by it for any minor delays from any cause whatsoever during the progress of any portion of the
Services specified in this Contract. Such delays, if any, shall be compensated for by an extension of
time for such period as may be determined by the LPA subject to the CONSULTANT's approval, it
being understood, however, that permitting the CONSULTANT to proceed to complete any services,
or any part of them after the date to which the time of completion may have been extended, shall in no
way operate as a waiver on the part of the LPA of any of its rights herein. In the event of substantial
delays or extensions, or change of any kind, . not caused by the CONSULTANT, which causes a
material change in scope, character or complexity of work the CONSULTANT is to perform under
this Contract, the LPA at its sole discretion shall determine any adjustments in compensation and in
the schedule for completion of the Services. CONSULTANT must notify the LPA in writing of a
material change in the work immediately after the CONSULTANT first recognizes the material
change.
11. DBE Requirements.
A. Notice is hereby given to the CONSULTANT and any SUB -CONSULTANT, and both agree,
that failure to carry out the requirements set forth in 49 CFR Sec. 26.13(b) shall constitute a
breach of this Contract and, after notification and failure to promptly cure such breach, may
result in termination of this Contract or such remedy as INDOT deems appropriate. The
referenced section requires the following assurance to be included in all subsequent contracts
between the CONSULTANT and any SUB -CONSULTANT:
The CONSULTANT, sub recipient or SUB -CONSULTANT shall not discriminate
on the basis of race, color, national origin, or sex in the performance of this
Contract. The CONSULTANT shall carry out applicable requirements of 49 CFR
Part 26 in the award and administration of DOT -assisted contracts. Failure by the
CONSULTANT to carry out these requirements is a material breach of this
Contract, which may result in the termination of this Contract or such other
remedy, as INDOT, as the recipient, deems appropriate.
B. The CONSULTANT shall make good faith efforts to achieve the DBE percentage goal that may
be included as part of this Contract with the approved DBE SUB -CONSULTANTS identified
on its Affirmative Action Certification submitted with its Letter of Interest, or with approved
amendments. Any changes to a DBE firm listed in the Affirmative Action Certification must be
requested in writing and receive prior approval by the LPA and INDOT's Economic
Opportunity Division Director. After this Contract is completed and if a DBE SUB -
CONSULTANT has performed services thereon, the CONSULTANT must complete, and
return, a Disadvantaged Business Enterprise Utilization Affidavit ("DBE-3 Form") to INDOT's
61
Version 12-30-2013
Economic Opportunity Division Director. The DBE-3 Form requires certification by the
CONSULTANT AND DBE SUB -CONSULTANT that the committed contract amounts have
been paid and received.
12. Non -Discrimination.
A. Pursuant to I.C. 22-9-1-10, the Civil Rights Act of 1964, and the Americans with Disabilities Act,
the CONSULTANT shall not discriminate against any employee or applicant for employment, to
be employed in the performance of work under this Contract, with respect to hire, tenure, terms,
conditions or privileges of employment or any matter directly or indirectly related to employment,
because of race, color, religion, sex, disability, national origin, ancestry or status as a veteran.
Breach of this covenant may be regarded as a material breach of this Contract. Acceptance of this
Contract also signifies compliance with applicable federal laws, regulations, and executive orders
prohibiting discrimination in the provision of services based on race, color, national origin, age,
sex, disability or status as a veteran.
B The CONSULTANT understands that the LPA is a recipient of federal funds. Pursuant to that
understanding, the CONSULTANT agrees that if the CONSULTANT employs fifty (50) or more
employees and does at least $50,000.00 worth of business with the State and is not exempt, the
CONSULTANT will comply with the affirmative action reporting requirements of 41 CFR 60-
1.7. The CONSULTANT shall comply with Section 202 of executive order 11246, as amended,
41 CFR 60-250, and 41 CFR 60-741, as amended, which are incorporated herein by specific
reference. Breach of this covenant may be regarded as a material breach of Contract.
It is the policy of fNDOT to assure full compliance with Title VI of the Civil Rights Act of
1964, the Americans with Disabilities Act and Section 504 of the Vocational Rehabilitation Act
and related statutes and regulations in all programs and activities. Title VI and related statutes
require that no person in the United States shall on the grounds of race, color or national origin
be excluded from participation in, be denied the benefits of, or be subjected to discrimination
under any program or activity receiving Federal financial assistance. (INDOT's Title VI
enforcement shall include the following additional grounds: sex, ancestry, age, income status,
religion and disability.)
C. The CONSULTANT shall not discriminate in its selection and retention of contractors,
including without limitation, those services retained for, or incidental to, construction, planning,
research, engineering, property management, and fee contracts and other commitments with
persons for services and expenses incidental to the acquisitions of right-of-way.
D. The CONSULTANT shall not modify the Project in such a manner as to require, on the basis of
race, color or national origin, the relocation of any persons. (INDOT's Title VI enforcement will
include the following additional grounds; sex, ancestry, age, income status, religion and
disability).
E. The CONSULTANT shall not modify the Project in such a manner as to deny reasonable access
to and use thereof to any persons on the basis of race, color or national origin. (INDOT's Title
VI enforcement will include the following additional grounds; sex, ancestry, age, income status,
religion and disability.)
F. The CONSULTANT shall neither allow discrimination by contractors in their selection and
retention of subcontractors, leasors and/or material suppliers, nor allow discrimination by their
subcontractors in their selection of subcontractors, leasors or material suppliers, who participate
in construction, right-of-way clearance and related projects.
0
Version 12-30-2013
G. The CONSULTANT shall take appropriate actions to correct any deficiency determined by
itself and/or the Federal Highway Administration ("FHWA") within a reasonable time period,
not to exceed ninety (90) days, in order to implement Title VI compliance in accordance with
INDOT's assurances and guidelines.
H. During the performance of this Contract, the CONSULTANT, for itself, its assignees and
successors in interest (hereinafter referred to as the "CONSULTANT") agrees as follows:
(1) Compliance with Regulations: The CONSULTANT shall comply with the Regulation
relative to nondiscrimination in Federally -assisted programs of the Department of
Transportation (hereinafter, "DOT") Title 49, Code of Federal Regulations, Part 21, as
they may be amended from time to time, (hereinafter referred to as the Regulations),
which are herein incorporated by reference and made a part of this Contract.
(2) Nondiscrimination: The CONSULTANT, with regard to the work performed by it during
the Contract, shall not discriminate on the grounds of race, color, or national origin in the
selection and retention of subcontractors, including procurements of materials and leases
of equipment. The CONSULTANT shall not participate either directly or indirectly in the
discrimination prohibited by section 21.5 of the Regulations, including employment
practices when the contract covers a program set forth in Appendix B of the Regulations.
(3) Solicitations for SUBCONSULTANTS, Including Procurements of Materials and
Equipment: In all solicitations either by competitive bidding or negotiation made by the
CONSULTANT for work to be performed under a subcontract, including procurements
of materials or leases of equipment, each potential SUBCONSULTANT or supplier shall
be notified by the CONSULTANT of the CONSULTANT'S obligations under this
Contract and the Regulations relative to nondiscrimination on the grounds of race, color,
or national origin.
(4) Information and Reports: The CONSULTANT shall provide all information and reports
required by the Regulations or directives issued pursuant thereto, and shall permit access
to its books, records, accounts, other sources of information, and its facilities as may be
determined by the LPA or INDOT to be pertinent to ascertain compliance with such
Regulations, orders and instructions. Where any information required of a
CONSULTANT is in the exclusive possession of another who fails or refuses to furnish
this information the CONSULTANT shall so certify to the LPA, or INDOT as
appropriate, and shall set forth what efforts it has made to obtain the information.
(5) Sanctions for Noncompliance: In the event of the CONSULTANT'S noncompliance with
the nondiscrimination provisions of this contract, the LPA shall impose such contract
sanctions as it or INDOT may determine to be appropriate, including, but not limited to:
(a) withholding of payments to the CONSULTANT under the Contract until the
CONSULTANT complies, and/or
(b) cancellation, termination or suspension of the Contract, in whole or in part.
(6) Incorporation of Provisions: The CONSULTANT shall include the provisions of
paragraphs (1) through (6) in every subcontract, including procurements of materials and
leases of equipment, unless exempt by the Regulations, or directives issued pursuant
thereto.
VA
Version 12-30-2013
The CONSULTANT shall take such action with respect to any SUBCONSULTANT
procurement as the LPA or INDOT may direct as a means of enforcing such provisions
including sanctions for noncompliance: Provided, however, that, in the event a
CONSULTANT becomes involved in, or is threatened with, litigation with a
SUBCONSULTANT or supplier as a result of such direction, the CONSULTANT may
request the LPA to enter into such litigation to protect the interests of the LPA, and, in
addition, the CONSULTANT may request the United States to enter into such litigation
to protect the interests of the United States.
13. Disputes.
A. Should any disputes arise with respect to this Contract, the CONSULTANT and the LPA agree
to act promptly and in good faith to resolve such disputes in accordance with this Section 13.
Time is of the essence in the resolution of disputes.
B. The CONSULTANT agrees that the existence of a dispute notwithstanding, it will continue
without delay to carry out all of its responsibilities under this Contract that are not affected by
the dispute. Should the CONSULTANT fail to continue to perform its responsibilities
regarding all non -disputed work, without delay, any additional costs (including reasonable
attorneys' fees and expenses) incurred by the LPA or the CONSULTANT as a result of such
failure to proceed shall be borne by the CONSULTANT.
C. If a party to this Contract is not satisfied with the progress toward resolving a dispute, the party
must notify the other party of this dissatisfaction in writing. Upon written notice, the parties
have ten (10) business days, unless the parties mutually agree in writing to extend this period,
following the written notification to resolve the dispute. If the dispute is not resolved within ten
(10) business days, a dissatisfied party may submit the dispute in writing to initiate negotiations
to resolve the dispute. The LPA may withhold payments on disputed items pending resolution
of the dispute.
14. Drug -Free Workplace Certification.
A. The CONSULTANT hereby covenants and agrees to make a good faith effort to provide and
maintain a drug -free workplace, and that it will give written notice to the LPA within ten (10)
days after receiving actual notice that an employee of the CONSULTANT in the State of
Indiana has been convicted of a criminal drug violation occurring in the CONSULTANT's
workplace. False certification or violation of the certification may result in sanctions including,
but not limited to, suspension of Contract payments, termination of this Contract and/or
debarment of contracting opportunities with the LPA.
B. The CONSULTANT certifies and agrees that it will provide a drug -free workplace by:
i. Publishing and providing to all of its employees a statement notifying their employees
that the unlawful manufacture, distribution, dispensing, possession or use of a controlled
substance is prohibited in the CONSULTANT's workplace and specifying the actions
that will be taken against employees for violations of such prohibition;
ii. Establishing a drug -free awareness program to inform its employees of (1) the dangers of
drug abuse in the workplace; (2) the CONSULTANT's policy of maintaining a drug -free
workplace; (3) any available drug counseling, rehabilitation, and employee assistance
programs; and (4) the penalties that may be imposed upon an employee for drug abuse
violations occurring in the workplace;
Version 12-30-2013
iii. Notifying all employees in the statement required by subparagraph 14.B.i above that as a
condition of continued employment, the employee will (1) abide by the terms of the
statement; and (2) notify the CONSULTANT of any criminal drug statute conviction for
a violation occurring in the workplace no later than five (5) days after such conviction;
iv. Notifying in writing the LPA within ten (10) days after receiving notice from an
employee under subdivision 14.B.iii(2) above, or otherwise receiving actual notice of
such conviction;
V. Within thirty (30) days after receiving notice under subdivision 14.B.iii(2) above of a
conviction, imposing the following sanctions or remedial measures on any employee who
is convicted of drug abuse violations occurring in the workplace: (1) take appropriate
personnel action against the employee, up to and including termination; or (2) require
such employee to satisfactorily participate in a drug abuse assistance or rehabilitation
program approved for such purposes by a Federal, State or local health, law enforcement,
or other appropriate agency; and
vi. Making a good faith effort to maintain a drug -free workplace through the implementation
of subparagraphs 14.B.i. through 14.B.v. above.
15. Employment Eligibility Verification. The CONSULTANT affirms under the penalties of perjury
that he/she/it does not knowingly employ an unauthorized alien.
The CONSULTANT shall enroll in and verify the work eligibility status of all his/her/its newly hired
employees through the E-Verify program as defined in IC 22-5-1.7-3. The CONSULTANT is not
required to participate should the E-Verify program cease to exist. Additionally, the CONSULTANT
is not required to participate if the CONSULTANT is self-employed and does not employ any
employees.
The CONSULTANT shall not knowingly employ or contract with an unauthorized alien. The
CONSULTANT shall not retain an employee or contract with a person that the CONSULTANT
subsequently learns is an unauthorized alien.
The CONSULTANT shall require his/her/its subcontractors, who perform work under this Contract,
to certify to the CONSULTANT that the SUB -CONSULTANT does not knowingly employ or
contract with an unauthorized alien and that the SUB -CONSULTANT has enrolled and is
participating in the E-Verify program. The CONSULTANT agrees to maintain this certification
throughout the duration of the term of a contract with a SUB -CONSULTANT.
The LPA may terminate for default if the CONSULTANT fails to cure a breach of this provision no
later than thirty (30) days after being notified by the LPA.
16. Force Maieure. 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.
Z'
Version 12-30-2013
17. 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.
18. 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.
19. 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.
20. 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.
21. 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.
10
Version 12-30-2013
D. The CONSULTANT shall be required to maintain in full force and effect, insurance as
described below from the date of the first authorization to proceed until the LPA's acceptance
of the work product. The CONSULTANT shall list both the LPA and INDOT as insureds on
any policies. The CONSULTANT must obtain insurance written by insurance companies
authorized to transact business in the State of Indiana and licensed by the Department of
Insurance as either admitted or non -admitted insurers.
E. The LPA, its officers and employees assume no responsibility for the adequacy of limits and
coverage in the event of any claims against the CONSULTANT, its officers, employees, sub -
consultants or any agent of any of them, and the obligations of indemnification in Section 19
herein shall survive the exhaustion of limits of coverage and discontinuance of coverage beyond
the term specified, to the fullest extent of the law.
F. The CONSULTANT shall furnish a certificate of insurance and all endorsements to the LPA
prior to the commencement of this Contract. Any deductible or self -insured retention amount
or other similar obligation under the insurance policies shall be the sole obligation of the
CONSULTANT. Failure to provide insurance as required in this Contract is a material breach
of Contract entitling the LPA to immediately terminate this Contract.
I. Professional Liability Insurance
The CONSULTANT must obtain and carry professional liability insurance as follows:
For INDOT Prequalification Work Types 1.1, 12.2-12.6 the CONSULTANTS shall
provide not less than $250,000.00 professional liability insurance per claim and
$250.000.00 aggregate for all claims for negligent performance. For Work Types 2.2,
3.1, 3.2, 4.1, 4.2, 5.5, 5.8, 5.11, 6.1, 7.1, 8.1, 8.2, 9.1, 9.2, 10.1-10.4, 11.1, 13.1, 14.1-
14.5, the CONSULTANTS shall carry professional liability insurance in an amount not
less than $1,000,000.00 per claim and $1,000,000.00 aggregate for all claims for
negligent performance. The CONSULTANT shall maintain the coverage for a period
ending two (2) years after substantial completion of construction.
II. Commercial General Liability Insurance
The CONSULTANT must obtain and carry Commercial / General liability insurance as
follows: For INDOT Prequalification Work Types 2.1, 6.1, 7.1, 8.1, 8.2, 9.1, 9.2, 10.1 -
10.4, 11.1, 13.1, 14.1 - 14.5, the CONSULTANT shall carry $1,000,000.00 per
occurrence, $2,000,000.00 general aggregate. Coverage shall be on an occurrence form,
and include contractual liability. The policy shall be amended to include the following
extensions of coverage:
1. Exclusions relating to the use of explosives, collapse, and underground damage
to property shall be removed.
2. The policy shall provide thirty (30) days notice of cancellation to LPA.
The CONSULTANT shall name the LPA as an additional insured.
III. Automobile Liability
The CONSULTANT shall obtain automobile liability insurance covering all owned,
leased, borrowed, rented, or non -owned autos used by employees or others on behalf of
the CONSULTANT for the conduct of the CONSULTANT's business, for an amount not
less than $1,000,000.00 Combined Single Limit for Bodily Injury and Property Damage.
The term "automobile" shall include private passenger autos, trucks, and similar type
vehicles licensed for use on public highways. The policy shall be amended to include the
following extensions of coverage:
11
Version 12-30-2013
1. Contractual Liability coverage shall be included.
2. The policy shall provide thirty (30) days notice of cancellation to the LPA.
3. The CONSULTANT shall name the LPA as an additional insured.
IV. Watercraft Liability (When Applicable)
1. When necessary to use watercraft for the performance of the CONSULTANT's
Services under the terms of this Contract, either by the CONSULTANT, or any
SUB -CONSULTANT, the CONSULTANT or SUB -CONSULTANT operating the
watercraft shall carry watercraft liability insurance in the amount of $1,000,000
Combined Single Limit for Bodily Injury and Property Damage, including
Protection & Indemnity where applicable. Coverage shall apply to owned, non -
owned, and hired watercraft.
2. If the maritime laws apply to any work to be performed by the CONSULTANT
under the terms of the agreement, the following coverage shall be provided:
a. United States Longshoremen & Harbor workers
b. Maritime Coverage - Jones Act
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)
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.
22. Merger and Modification. This Contract constitutes the entire agreement between the parties. No
understandings, agreements or representations, oral or written, not specified within this Contract will
be valid provisions of this Contact. This Contract may not be modified, supplemented or amended, in
any manner, except by written agreement signed by all necessary parties.
23. Notice to Parties: Any notice, request, consent or communication (collectively a "Notice") under
this Agreement shall be effective only if it is in writing and (a) personally delivered; (b) sent by
certified or registered mail, return receipt requested, postage prepaid; or (c) sent by a nationally
recognized overnight delivery service, with delivery confirmed and costs of delivery being prepaid,
addressed as follows:
12
Version 12-30-2013
Notices to the LPA shall be sent to:
Mr. Anthony Foster II
Executive Director
Department of Metropolitan Development
City of Richmond
50 North 5th Street
Richmond, IN 47374
Notices to the CONSULTANT shall be sent to:
Mr. Kevin Osburn, PLA, ASLA
Principal
Rundell Ernstberger Associates, LLC
618 E. Market Street
Indianapolis, IN 46202
or to such other address or addresses as shall be furnished in writing by any party to the other party.
Unless the sending party has actual knowledge that a Notice was not received by the intended
recipient, a Notice shall be deemed to have been given as of the date (i) when personally delivered; (ii)
three (3) days after the date deposited with the United States mail properly addressed; or (iii) the next
day when delivered during business hours to overnight delivery service, properly addressed and prior
to such delivery service's cut off time for next day delivery. The parties acknowledge that notices
delivered by facsimile or by email shall not be effective.
24. Order of Precedence; Incorporation by Reference. Any inconsistency or ambiguity in this
Contract shall be resolved by giving precedence in the following order: (1) This Contract and
attachments, (2) RFP document, (3) the CONSULTANT's response to the RFP document, and (4)
attachments prepared by the CONSULTANT. All of the foregoing are incorporated fully by
reference.
25. Ownership of Documents and Materials. All documents, records, programs, data, film, tape,
articles, memoranda, and other materials not developed or licensed by the CONSULTANT prior to
execution of this Contract, but specifically developed under this Contract shall be considered "work
for hire" and the CONSULTANT assigns and transfers any ownership claim to the LPA and all such
materials ("Work Product) will be the property of the LPA. The CONSULTANT agrees to execute
and deliver such assignments or other documents as may be requested by the LPA. Use of these
materials, other than related to contract performance by the CONSULTANT, without the LPA's prior
written consent, is prohibited. During the performance of this Contract, the CONSULTANT shall be
responsible for any loss of or damage to any of the Work Product developed for or supplied by
INDOT and used to develop or assist in the Services provided herein while any such Work Product is
in the possession or control of the CONSULTANT. Any loss or damage thereto shall be restored at
the CONSULTANT's expense. The CONSULTANT shall provide the LPA full, immediate, and
unrestricted access to the Work Product during the term of this Contract. The CONSULTANT
represents, to the best of its knowledge and belief after diligent inquiry and other than as disclosed in
writing prior to or contemporaneously with the execution of this Contract by the CONSULTANT, that
the Work Product does not infringe upon or misappropriate the intellectual property or other rights of
any third party. The CONSULTANT shall not be liable for the use of its deliverables described in
Appendix "A" on other projects without the express written consent of the CONSULTANT or as
provided in Appendix "A". The LPA acknowledges that it has no claims to any copyrights not
transferred to INDOT under this paragraph.
26. Payments. All payments shall be made in arrears and in conformance with the LPA's fiscal policies
and procedures.
13
Version 12-30-2013
27. Penalties, Interest and Attorney's Fees. The LPA will in good faith perform its required
obligations hereunder, and does not agree to pay any penalties, liquidated damages, interest, or
attorney's fees, except as required by Indiana law in part, IC 5-17-5, I. C. 34-54-8, and I. C. 34-13-1.
28. Pollution Control Requirements. If this Contract is for $100,000 or more, the CONSULTANT:
i. Stipulates that any facility to be utilized in performance under or to benefit from this 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.
29. 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.
30. 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:
31. 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.
32. Substantial Performance. This Contract shall be deemed to be substantially performed only when
fully performed according to its terms and conditions and any modification or Amendment thereof.
33. Taxes. The LPA will not be responsible for any taxes levied on the CONSULTANT as a result of this
Contract.
34. 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 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 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
14
Version 12-30-2013
such delivery upon demand, the CONSULTANT shall pay to the LPA any damage (including
costs and reasonable attorneys' fees and expenses) it may sustain by reason thereof.
35. Termination for Default.
A. With the provision of twenty (20) days written notice to the CONSULTANT, the LPA may
terminate this Contract in whole or in part if
(i) the CONSULTANT fails to:
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;
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
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 will 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.
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.
15
Version 12-30-2013
36. Waiver of Rights. No rights conferred on either party under this Contract shall be deemed waived,
and no breach of this Contract excused, unless such waiver or excuse is approved in writing and
signed by the party claimed to have waived such right. Neither the LPA's review, approval or
acceptance of, nor payment for, the Services required under this Contract shall be construed to operate
as a waiver of any rights under this Contract or of any cause of action arising out of the performance
of this Contract, and the CONSULTANT shall be and remain liable to the LPA in accordance with
applicable law for all damages to the LPA caused by the CONSULTANT's negligent performance of
any of the Services furnished under this Contract.
37. Work Standards/Conflicts of Interest. The CONSULTANT shall understand and utilize all
relevant INDOT standards including, but not limited to, the most current version of the Indiana
Department of Transportation Design Manual, where applicable, and other appropriate materials and
shall perform all Services in accordance with the standards of care, skill and diligence required in
Appendix "A" or, if not set forth therein, ordinarily exercised by competent professionals doing work
of a similar nature.
38. No Third -Party Beneficiaries. This Agreement is solely for the benefit of the parties hereto. Other
than the indemnity rights under this Contract, nothing contained in this Agreement is intended or shall
be construed to confer upon any person or entity (other than the parties hereto) any rights, benefits or
remedies of any kind or character whatsoever.
39. No Investment in Iran. As required by IC 5-22-16.5, the CONSULTANT certifies that the
CONSULTANT is not engaged in investment activities in Iran. Providing false certification may
result in the consequences listed in IC 5-22-16.5-14, including termination of this Contract and denial
of future state contracts, as well as an imposition of a civil penalty.
40. Assignment of Antitrust Claims. The CONSULTANT assigns to the State all right, title and
interest in and to any claims the CONSULTANT now has, or may acquire, under state or federal
antitrust laws relating to the products or services which are the subject of this Contract.
[Remainder of Page Intentionally Left Blank]
16
Version 12-30-2013
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 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.
CONSULTA T
ignature
Kevin Osburn, PLA, ASLA, Principal
(Print or type name and title)
Attest:
tgnat e
Carl Kincaid, ASLA, Principal
(Print or type name and title)
LOCAL PUBLIC AGENCY
aa_
Signature
Vicki
'6"rdlrr Robinson, President
(Print or type name and title)
Signature
Dian Lawson, Member
(Prin r type name and titl )
Signature
Anthony L. Foster, II, Member
(Print or type name and title)
17
Version 12-30-2013
APPENDIX "A"
SERVICES TO BE FURNISHED BY CONSULTANT:
In fulfillment of this Contract, the CONSULTANT shall comply with the requirements of the appropriate
regulations and requirements of the Indiana Department of Transportation and Federal Highway Administration.
The CONSULTANT shall be responsible for performing the following activities:
A. The CONSULTANT will provide Environmental Documentation as follows:
1. Environmental Document: A Categorical Exclusion Level 2 as falling within the guidelines of the
National List of Categorical Exclusions will be provided. The Categorical Exclusion will be prepared in
a manner consistent with the "Indiana Categorical Exclusion Manual" dated June 2013. The individual
items listed below will become a part of the Environmental Documentation for the project.
2. Phase I Environmental Site Assessment: The Phase I Environmental Site Assessment will include a
review of hazardous materials records obtained from the IDEM central file room in Indianapolis
Indiana, regulatory and historical records obtained from local agencies and from a multiple database
report, aerial photographs, and topographic map. These analyses will also include a visual site
reconnaissance of the project limits to identify land uses and any potential environmental concerns. A
Phase I Environmental Site Assessment Report will be prepared documenting the information reviewed,
the results of the site reconnaissance, any potential environmental concerns identified in the project
area, and any recommendations for further investigation.
3. Archaeological Literature Review and Records Check: An Archaeological Literature Review and
Records Check will be included as a part of these Environmental Services. The Archaeological
Literature Review and Records Check will be done in accordance with guidelines presented in the
Indiana Cultural Resources Manual (INDOT 2008).
Historical / Architectural Records Check and Survey: A Historic Properties Report and Survey
involving a field review of the APE will be conducted. Each property 50 years old or older will be
photographed and noted on project mapping. Streetscape photographs also will be taken. Each
structure 50 years old or older will be examined to determine its age, materials, type, style, function, and
level of integrity. Owner interviews will be conducted when possible to obtain information regarding
additions and alterations made to the buildings. The survey findings will be compiled in a report written
to the standards of the Indiana Cultural Resources Manual (INDOT 2008). Afterwards, the Section 106
Findings and Effects Documentation 800.11(e) letter will be prepared. It's assumed that an "Adverse
Effect" finding will be issued by INDOT.
5. Memorandum of Agreement (MOA): A MOA will be developed to offset the "Adverse Effect" finding
issued by INDOT. The MOA will be developed through consultation with the LPA, INDOT, FHWA,
ACHP, IDNR-SHPO, and the City of Richmond.
6. If the CONSULTANT is required to provide additional Environmental Services not listed above, the
work to provide such additional services will be considered a change in the scope of work per Section
VI, article 6.
7. The environmental services required to develop this project will be in accordance with the "Procedure
Manual for Preparing Environmental Statements", 2007 version, and revisions thereto. A copy of this
document is on file with the Indiana Department of Transportation and is incorporated by reference.
B. The CONSULTANT will provide Field Surveying services to include the following:
1. The CONSULTANT will survey the project location and provide one set of original field notes, all field
survey data collected via electronic media, and one set of master drawings. CONSULTANT will obtain
section corner, right-of-way, easement, and state plane coordinate information as necessary to satisfactorily
complete the basic field survey services described herein within the project limits. CONSULTANT will
18
Version 12-30-2013
prepare and record a Location Control Route Survey. CONSULTANT work will be in accordance with
Indiana Code (I.C. 25-21.5); Indiana Administrative Code (865 I.A.C. 1-12); and the Design Manual,
Indiana Department of Transportation, Part III, Location Surveys (Survey Manual), a copy of which is on
file with INDOT. If there is any conflict between I.C. 25-21.5, 865 I.A.C. 1-12, or the Survey Manual, the
order of precedence will be:
a. I.C. 25-21.5,
b. 865 I.A.C. 1-12, and
C. Survey Manual
2. The total survey to be completed by CONSULTANT includes 7,110 lineal feet by varying width, to include
the following areas:
a. Main Street: Beginning 50 feet west of the centerline of 1st Street, survey east 2,070 feet along the
centerline of I st Street to a point 50 feet east of the centerline of 7th Street. The width of survey will
be 45 feet on each side of centerline or to the face of building, whichever is closer. Additional survey
will be gathered along cross streets for 10 feet outside of the mainline limits, from right-of-way to
right-of-way. These include 1st Street (south), 2nd Street (north and south), 3rd Street (north and
south), 4th Street (south), 5th Street (north and south) and 6th Street (north and south).
b. 7th Street: Beginning 50 feet south of the centerline of Main Street, survey north 1,700 feet along the
centerline of 7th Street to the centerline of Fort Wayne Avenue. The width of survey will be 45 feet
on each side of centerline or to the face of building, whichever is closer. Additional survey will be
gathered along cross streets for 10 feet outside of the mainline limits, from right-of-way to right-of-
way. These include Sailor Street (east), North A Street (east), North B Street (east and west), North C
Street (east). Additional survey will also be gathered along Fort Wayne Avenue (55 feet southwest
and 10 feet northeast) and North D Street (55 feet west and 20 feet east).
loth Street: Beginning at the centerline of Park Place, survey north 2,900 feet along the centerline of
loth Street to the centerline of North E Street. The width of survey will be 50 feet on each side of
centerline or to the face of building, whichever is closer. Additional survey will be gathered along
cross streets for 10 feet outside of the mainline limits, from right-of-way to right-of-way. These
include Park Place (east and west), South A Street (east and west), Main Street (east and west), North
A Street (east and west), North B Street (east and west), North C Street (east and west), North D Street
(east and west) and North E Street (east and west).
3. CONSULTANT will obtain last deed of record, subdivision plats, and section or auditor plats for all
properties within the project limits from local and state agencies. The property information will include
parcel number, property owner's name, mailing address and property location. CONSULTANT will
provide a listing of all property information, deeds, plats, and maps.
4. CONSULTANT will send out survey notices together with questionnaires (if applicable) to all property
owners within the project area. All survey notices and questionnaires will be approved by Client prior to
distribution.
5. CONSULTANT will establish Primary Horizontal Control within the project limits such that the survey
base line(s) can be re-established during construction. A local ground coordinate system will be established
and tied to the East Zone of the Indiana State Plane Coordinate System, NAD83(2011) per the INDOT
Survey Manual.
6. CONSULTANT will locate NGS, IDNR, or INDOT benchmarks and transfer elevation to the site. Set
temporary bench marks within the project limits such that elevation datum can be re-established during
construction.
7. CONSULTANT will tie in the survey base lines to available USPLSS section corners and/or existing
property/right-of-way monumentation. All necessary section comers will be located or re-established to
adequately define property lines along the limits of the project during the Right-of-way Engineering or
Easement Acquisition phase.
19
Version 12-30-2013
8. CONSULTANT will re-establish existing roadway alignments from plans for previous projects.
9. CONSULTANT will plot right-of-way and property lines based on observed physical evidence and record
documents acquired from local government agencies.
10. CONSULTANT will coordinate with all utility companies to locate and mark their utilities in field.
CONSULTANT will notify the utilities via the call before you dig notification system (Indiana
Underground Plant Protection Service (I.U.P.P.S.)). CONSULTANT will verify that each utility has field
located their facilities during the course of the design survey. The existing facilities located, at the time of
the field survey, will be incorporated into the design survey. In addition, CONSULTANT will provide
listing of all utilities and all information available for that utility including address, and telephone number.
11. CONSULTANT will perform design survey in sufficient detail to obtain topographic data, utilities,
buildings, walls, walks, signs, vaults, and natural and man made features, as evidenced by facilities at the
ground surface and marks by others, necessary for the development of project plans, including all potentially
affected trees, 6 inches in diameter and greater, identified by size.
12. CONSULTANT will take cross sections approximately every 50 feet across the right-of-way of public
roadways and or the project limits (as described above) whichever is further out. Additional cross sections
will be taken at intersection of streets, roads, railroads, driveways, etc. Obtain elevations of all existing
structures such as drainage culverts, utilities and other structures.
13. CONSULTANT will indicate spot elevations at all finish floors, at each threshold, building edges, insets
and projections, exterior platforms, steps (top and bottom treads), corners, building entrances, break in
grade, ramps, area ways, tree grates, etc. within the project limits, and at top and bottom of curb.
14. CONSULTANT will provide a listing of all symbols, notations and legends used in the field survey.
CONSULTANT will furnish a hard copy together with all field survey information collected on electronic
media. CONSULTANT will also prepare master drawings (1-foot contours) from data collected in
topographic survey using AutoCAD Civil 3D and will submit a hard copy together with electronic format.
CONSULTANT will delineate and label the location of all buildings, structures, fences, railings, signs,
walls, walks, paved areas, curbs and other permanent structures and existing improvements.
CONSULTANT will outline all building edges, insets and projections, and below grade structures such as
vaults, basements, and areaways where applicable, as evidenced by facilities at the ground surface and
marks by others.
15. CONSULTANT will prepare and record a Location Control Route Survey Plat depicting existing
alignments, right-of-way. Property lines and owner information for adjoining properties will be shown, but
not dimensioned.
C. The CONSULTANT will provide a Preliminary Engineering Report to review and confirm the extent, limits,
scope, and costs of the project. The Preliminary Engineering Report will include the following:
1. The CONSULTANT will conduct an analysis of the proposed improvements as they relate to the
existing roadway configuration, classification, and available right-of-way. Utilizing information from
site walk-throughs, aerial photographs and the City's GIS mapping, the analysis will provide an
opportunity to confirm the project elements, identify challenges, determine alternatives, and develop a
clearer understanding of the project costs. The analysis will include consideration of the following:
a. public right-of-way
b. utilities and drainage
C. traffic lane widths and configurations
d. traffic signals
e. sidewalks
f. tree lawns and planting areas
g. existing street and sidewalk lighting levels
h. corridor beginning and ending points
20
Version 12-30-2013
2. Upon completion of the analysis, the CONSULTANT will prepare a brief report summarizing the
results, to include a narrative description of the above elements, an evaluation of alternatives, and a
preliminary construction cost opinion. This report will serve as the basis for moving forward with
design and construction documents for the project. We anticipate a total of up to two client review
meetings to complete this work.
3. The CONSULTANT will present the final scoping documents to INDOT and the LPA and receive
approval on the Preliminary Engineering Report prior to proceeding with the development of design and
construction documents.
D. The CONSULTANT will provide complete Design and Construction Documents design of the project.
Depending upon the approved Preliminary Engineering Report, this work will include pedestrian and bicycle
safety improvements, traffic calming, green infrastructure, lighting, traffic signal modifications, and directional
signage. This work will be in accordance with the accepted standards for such work and with the following
documents in effect at the time the plans or reports are submitted: American Association of State Highway and
Transportation Officials (AASHTO) "A Policy on Geometric Design of Highways and Streets," American
Association of State Highway and Transportation Officials (AASHTO) "Guide for the Development of Bicycle
Facilities, 4th Edition," National Association of City Transportation Officials (NACTO) "Urban Bikeway
Design Guide," Indiana Department of Transportation's Standard Specifications, Road and Bridge Memoranda
and Road and Bridge Design Manuals except as modified by supplemental specifications and special
provisions. This work will be completed in accordance with the following outline:
1. Stage I Design and Plans (40% complete)
a. Attend initial site visit with survey data in hand
b. Develop preliminary layout of site improvements
C. Develop preliminary grading and drainage plans
d. Develop preliminary pavement marking and signage plans
e. Develop preliminary MOT plans
f. Develop cross sections
g. Develop preliminary site details
h. Develop preliminary structure details
i. Conduct initial utility coordination
j. Prepare preliminary traffic signal modification plans
k. Prepare preliminary interconnect modification plans
1. Develop a preliminary construction cost estimate
m. Attend two (2) progress meetings with the LPA
n. Prepare and submit Stage 1 civil engineering plans to the LPA and INDOT
o. Attend preliminary Field Check
2. Stage 2 Design and Plans (55% complete)
a. Incorporate Field Check comments
b. Further develop plans and details
C. Further develop preliminary construction cost estimates
d. Attend one (1) progress meeting with the LPA to review Stage 2 Design and Plans
e. Prepare and submit Stage 2 civil engineering plans to the LPA and INDOT
3. Stage 3 Design and Plans (90% complete)
a. Finalize design, details, and plans
b. Develop special provisions for INDOT specifications
C. Prepare final construction quantities and cost estimates
d. Attend one (1) progress meeting with the LPA to review Stage 3 Design and Plans
e. Prepare and submit Stage 3 plans to the LPA and INDOT
4. Final Tracings (95% complete)
a. Prepare and submit final tracings, final special provisions, and final quantity and cost
estimates, in current INDOT-compliant electronic format, for submittal to INDOT
b. Prepare and submit permits, right of way certification, environmental approval, contract
preparation document, and all required final documents, in current INDOT-compliant
electronic format, for submittal to INDOT (98% complete)
5. Utility Coordination
a. Identify and notify all affected Utilities and coordinate INDOT-required utility "Work Plans"
b. Prepare all required utility relocation agreements
21
Version 12-30-2013
C. Follow the Indiana Design Manual requirements for completion of Utility Coordination, as defined
in 104-1.03(3) which involves 81 steps for a federal -aid project
6. Pavement Design
a. Prepare all pavement designs for the Project, anticipated to be a simple Mill and Resurface, 1.5-
inches, and approved by the INDOT Pavement Design Committee
b. Complete the Pavement Design consisting of analysis using AASHTOWare PavementME Design
Version 1.3 software. Parameters from the geotechnical report will be used in the analysis
7. Bid Assistance (100% complete)
a. Assist in reviewing INDOT's contract information book and plans, address contractor questions
and inquiries, and assist in coordination with INDOT.
The CONSULTANT will prepare all documentation, including the cost estimates, in accordance with the current
practices of INDOT and will include all types of work required for the complete construction of the work,
including all temporary work necessary in connection therewith, but will not include the cost of such items of work
for which the LPA, through its own forces will perform. The unit prices to be used will be in accordance with the
methods used by INDOT. The CONSULTANT will attend such conferences with the officials of the State and
other interested agencies as may be required in connection with the work.
E. The CONSULTANT will coordinate, apply for, and track the status of the Indiana Department of
Environmental Management (IDEM) Rule 5 (Erosion Control) Permit until received.
1. As the project will disturb greater than one acre, Rule 5 administered through the Indiana Department of
Environmental Management (IDEM) will apply to this project. Completion of this permit will be
coordinated with the Wayne County Soil and Water Conservation District.
2. The CONSULTANT will coordinate the required Stormwater Pollution Prevention (SWPP) Plan, which
is part of the IDEM requirements for the Rule 5 Permit.
3. The CONSULTANT will prepare the necessary Temporary Erosion and Sediment Control (TE&SC)
Plans, as required and per INDOT Standard Specifications, Road Memoranda, and Road Design
Manuals except as modified by Supplemental Specifications and Special Provisions. These TE&SC
Plans shall be submitted at the appropriate Stages with the other plan submittal packages to INDOT.
F. The CONSULTANT will provide a Geotechnical Investigation to include an evaluation of the subsurface
conditions and an assessment of the impact of these conditions on the proposed construction.
1. The Geotechnical Investigation will be in accordance with the Indiana Department of Transportation's
Geotechnical Manual, 2010 edition, related memorandums.
2. Prior to making the borings, the CONSULTANT will submit boring specifications and boring locations and
sketches for approval by the LPA. Borings will extend sufficiently in depth to obtain characteristic data
necessary to enable a proper design of the foundation.
3. The CONSULTANT will back -fill bore holes or cause to be backfilled in accordance with current industry
standards.
4. The CONSULTANT will coordinate the necessary traffic safety control to perform the work performed
under this Agreement with an authorized representative of the LPA.
5. In the event more extensive borings, samplings, or testing are determined to be necessary by the LPA or the
CONSULTANT while exercising reasonable engineering judgment and the cost of the work performed
under this Agreement will exceed the amount specified in Appendix "D" then a Supplemental Agreement
will be required in accordance with the General Provisions of this Agreement.
6. The CONSULTANT will review the final construction plans for geotechnical consideration.
G. The CONSULTANT will make their services available to the LPA during the construction of the work for the
interpretation of the plans where disagreement may arise and for consultation during construction in the event
unforeseen or unusual conditions arise.
H. The CONSULTANT will provide full time Construction Inspection Services in accordance with INDOT policies
and procedures as part of a separate Agreement.
ON
V
Version 12-30-2013
APPENDIX "B"
INFORMATION AND SERVICES TO BE FURNISHED BY THE LPA:
The LPA shall furnish the CONSULTANT with the following:
1. Criteria for design and details for signs, signals, lighting, highway and structures such as grades, curves,
sight distances, clearances, design loading, etc.
2. Standard Specifications and standard drawings applicable to the project
3. Plans of existing bridges within the project limits
4. All written views pertinent to the location and environmental studies that are received by INDOT
5. Traffic assignments, Traffic Signal Warrants (New Signal), Traffic Lighting Warrants (New Lighting)
6. Available data from the transportation planning process
7. Utility plans available to INDOT covering utility facilities and the location of signals and underground
conduits throughout the affected areas
9. Provide access to enter upon public and private lands as required for the CONSULTANT to perform work
under this Contract
10. Aerial Survey information
11. Existing water quality data
12. Laboratory tests for pavement investigation
13. Pavement design analysis
14. Provide full information as to CONSULTANT's requirements for the Project.
15. Assist the CONSULTANT by placing at CONSULTANT's disposal all available information pertinent to
the assignment including plans, previous reports, studies, and any other data relative thereto.
16. Examine all studies, reports, sketches, Drawings, Specifications, proposals and other documents presented
by CONSULTANT, obtain advice of an attorney, insurance counselor, and other consultants as LPA
deems appropriate for such examination and render in writing decisions pertaining thereto within a
reasonable time so as not to delay the services of CONSULTANT.
17. Give prompt written notice to the CONSULTANT whenever the LPA observes or otherwise becomes
aware of any defect in the Project.
18. Furnish all existing approvals or permits from all governmental authorities having jurisdiction over the
Project. The CONSULTANT will assist the LPA in identifying and procuring any additional permits
associated with this Project.
19. Arrange for access to and make all provisions for the CONSULTANT to enter upon public and private
property as required for the CONSULTANT to perform services under this Agreement.
20. Obtain necessary easements and right-of-way for construction of the Project, including easement and right-
of-way descriptions, property surveys and boundary surveys.
21. Furnish to the CONSULTANT, as requested by the CONSULTANT or as required by the Contract
Documents, data prepared by or services of others, including exploration and tests of subsurface conditions
at or contiguous to the site, geotechnical investigations or studies, drawings of physical conditions in or
relating to existing surface or subsurface structures at or contiguous to the site.
23
Version 12-30-2013
APPENDIX "C"
SCHEDULE:
No work under this Contract shall be performed by the CONSULTANT until the CONSULTANT receives
a written notice to proceed from the LPA.
All work by the CONSULTANT under this Contract shall be completed and delivered to the LPA for
review and approval within the approximate time periods shown in the following submission schedule:
Environmental Studies Complete
Project Scoping Complete
Topographic Survey Complete
Stage 1 Design and Plans Complete
Ready for Field Check
Stage 2 Design and Plans Complete
Stage 3 Design and Plans Complete
Final Tracings Complete
Final Package Complete
450 calendar days from Notice to Proceed (NTP)
60 calendar days from Notice to Proceed (NTP)
60 calendar days from Notice to Proceed (NTP)
120 calendar days from Notice to Proceed (NTP)
15 calendar days after Stage 1 Plan approval from LPA
75 calendar days after Field Check Meeting
120 calendar days after Stage 2 Plan approval from LPA
30 calendar days after Stage 3 Plan approval from LPA
90 calendar days after Final Tracings approval from INDOT
This schedule is based on receiving prompt review and approvals from the INDOT and other jurisdictional agencies.
24
a -k r
Version 12-30-2013
APPENDIX "D"
(See Attachment "D" to the INDOT-LPA Project Coordination Contract and need to include any Travel
reimbursement provisions).
COMPENSATION:
A. Amount of Payment
1. The CONSULTANT shall receive as payment for the work performed under this Contract the total lump
sum fee of $722,680.00 in accordance with the following Fee Schedule, unless a modification of the
Contract is approved in writing by the LPA.
The CONSULTANT will be paid for the work performed under this Contract as indicated in the following
Schedule of Fees:
a. Environmental Documentation, as indicated in Appendix A, Paragraph A $58,630.00
b. Field Surveying, as indicated in Appendix A, Paragraph B $81,300.00
C. Preliminary Engineering Report, as indicated in Appendix A, Paragraph C $15,000.00
d. Design and Construction Documents, as indicated in Appendix A, Para. D $533,500.00
e. IDEM Rule 5 Permit, as indicated in Appendix A, Paragraph E* $11,550.00
f. Geotechnical Investigation, as indicated in Appendix A, Paragraph F $16,830.00
g. Reimbursable Expenses** $5,870.00
* Fees shown do not include permit fees charged by the governing agencies, which will be charged as
reimbursable expenses.
** Expenses are not to exceed this amount without prior written approval and will be invoiced in
accordance with Attachment D-1.
3. Additional Services: Any services beyond those listed in Appendix A and in Appendix D, paragraph A.2
above will be considered Additional Services and, if required, the CONSULTANT will be paid for these
services in accordance with Article VI General Provisions, Section 6 - Changes in Work on a fixed, hourly,
or negotiated fee basis.
B. Method of Payment:
1. The CONSULTANT may submit a maximum of one invoice voucher per calendar month for work covered
under this Contract. The invoice voucher shall be submitted to the LPA. The invoice voucher shall
represent the value, to the LPA, of the partially completed work as of the date of invoice voucher. The
CONSULTANT shall attach thereto a summary of each pay item in Section A of this Appendix, percentage
completed (for Lump Sum services), hours completed (for Hourly NTE services), and prior payment in a
form acceptable to the LPA. Payment for hourly services and expenses shall be in accordance with
Attachment D-1.
2. The LPA, for and in consideration of the rendering of the services provided for in Appendix "A", agrees to
pay the CONSULTANT for rendering such services the fee established above upon completion of the work
thereunder, acceptance thereof by the LPA, and upon the CONSULTANT submitting an invoice as
described above.
3. In the event of a substantial change in the scope, character or complexity of the work on the project, the
maximum fee payable and the specified fee shall be adjusted by a Contract Supplement in accordance with
General Provisions Article VI, Section 6 (Changes in Work) as set out in this Contract.
25
11_ . T
Version 12-30-2013
APPENDIX "D-1"
Hourly Rates and Reimbursable Expenses
RUNDELL ERNSTBERGER ASSOCIATES, LLC
HOURLY RATE SCHEDULE
Classification Hourly Rate
Principal $185.00
Associate $130.00
Professional Staff (Registered Land. Arch.) $110.00
Technical Staff (Graduate Land. Arch.) $90.00
Clerical $65.00
A surcharge of fifty percent (50%) will be added to hourly rates for expert witness testimony and/or for participation
at hearings, depositions, etc.
Billing rates may be adjusted by a Contract Supplement to reflect changes in the compensation payable to the
CONSULTANT, if agreed upon by both the LPA and the Consultant.
Reimbursable Expenses
Mileage
Standard Mileage Rate
Travel, Lodging, and Meals
Cost
Telephone, Telex, Telecopy, Faxes, etc.
Cost
Postage, Handling, etc.
Cost
Copies
Black & White (8'/2 x 11)
$0.05/copy
Black & White (I I x 17)
$0.10/copy
Color In -House Printer
8%x 11 Inkjet
$1.00
8'/2 x 11 Presentation
$1.50
8'/z x 11 Photo Paper
$2.50
11 x 17 Inkjet
$2.00
11 x 17 Presentation Paper
$2.75
11 x 17 Photo Paper
$3.50
CD Copies
$5.00
Plots
Black & White In -House Plots
Bond
$1.00 SF
Vellum
$1.50 SF
Mylar
$1.75 SF
Color In -House Plots
Heavy bond
$4.00 SF
Semi -Gloss
$5.00 SF
High -Gloss
$6.00 SF
Materials
Cost + 5%
Equipment Rental
Cost + 5%
Subcontract Services
Cost + 5%
0