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HomeMy WebLinkAbout04) Agreement with Jacobi, Toombs & Lanz ~i1 Uf-~ ~ Revised 2111/98 AGREEMENT THIS AGREEMENT is made and entered into this2/ ;.r day of {)C~"< 2002, by and between the City of Jeffersonville. Indiana, acting by and through its proper officials, hereinafter referred to as the LOCAL PUBLIC AGENCY or LP A, and Jacobi. Toombs and Lanz, Inc.. Consulting Engineers, 120 Bell A venue. Clarksville. Indiana, hereinafter referred to as the CONSULTANT. WITNESSETH WHEREAS, the LP A desires to contract for Construction Engineering Services in connection with STP Pro.iect No. C740( ). the Court Avenue Extension and U.S. 31 Intersection in Jeffersonville and Clarksville. Clark County, Indiana. WHEREAS, the CONSULTANT has expressed a willingness to perform such Construction Engineering Services on behalf of the Local Public Agency or LP A; and WHEREAS, the parties have agreed that the CONSULTANT shall provide the services and r documents described herein, in relation to the following described project(s): Project: STP Pro.iect No. C740( ). the Court Avenue Extension and U.S. 31 Intersection in Teffersonville and Clarksville. Clark County, Indiana; NOW THEREFORE, in consideration of the following mutual covenants, the parties hereto mutually covenant and agree as follows: SECTION I SERVICES BY CONSULTANT The services to be provided by the CONSULTANT under this Agreement are as set out in Appendix "An, attached to this Agreement, and made an integral part hereof. SECTION II INFORMATION AND SERVICES TO BE FURNISHED BY LP A The information and services to be furnished by the LOCAL PUBLIC AGENCY are as set out in Appendix "B", attached to this Agreement, and made an integral part hereof. ~\ C ,\SyJney\wpJoc.19\9751 19751cc\LP ^,,~<<'mcnl. wpJ Page 1 of 22 Revised 2/11/98 SECTION III NOTICE TO PROCEED AND SCHEDULE The CONSULTANT shall begin the work to be performed under this Agreement upon receipt of the written notice to proceed from the LOCAL PUBLIC AGENCY, and shall deliver the work to the LOCAL PUBLIC AGENCY in accordance with the schedule contained in Appendix "C", attached to this Agreement, and made an integral part hereof. The CONSULTANT shall not begin work prior to the date of the notice to proceed. SECTION IV COMPENSATION The CONSULTANT shall receive payment for the work performed under this Agreement as set fonh in Appendix liD", attached to this Agreement, and made an integral part hereof. The cost principles contained in the Federal Acquisition Regulations, 48 CFR Part 31, shall be adhered to for work under this Agreement. SECTION V GENERAL PROVISIONS n 'f 1. Work Office The CONSULTANT shall perform the work under this Agreement at the following office(s): Jacobi, Toombs and Lanz, Inc., Consulting Engineers 120 Bell Avenue Clarksville, Indiana 47129 The CONSULTANT shall notify the LOCAL PUBLIC AGENCY of any change in its mailing address and/or the location(s) of the office(s) where the work is performed. 2. Employment During the period of this Agreement, the CONSULTANT shall not engage, on a full or part time or other basis, any LP A personnel who remain in the employ of the LOCAL PUBLIC AGENCY. ".---\. i I . ';, ! C,ISydnC)'lwl'doc.1919751 \9751 cclLP Aag<<c",.n l. "I,d Page 2 of 22 Revised 2/11/98 r\. 3. Covenant Aliainst Contin~ent Fees The CONSULTANT warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this Agreement, and that i:: has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the CONSULTANT, any fee, commission, percentage, brokerage fee, gift; or any other consideration, comingem upon or resulting from the award or making or this Agreement. For breach or violation of this warranry, the LOCAL PUBLIC AGENCY shall have the right to annul this Agreement without liability or, I in its discretion, to deduct from the Agreementprice .or consideration, or othe:-wise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. 4. Subletting and Assignment Tne CONSUL TA.i~l and its subcontractors, if any, shall not assign, sublet, subcontract., or otherwise dispose of the whole or any part of the work under this Agreement without prior written consent of the LPA r' and the Indiana Department of Transportation ("rNDOT'). Consent for such assignment shal! not relieve the CONSULTANT of any of its duties or responsibilities hereunder. 5. Owne:-sh io of Documents All documents, including tracings, drawings, repom, estimates, specifications, field notes, investigations, studies, etc. ("the documents"), as instruments of service, shall remain the property of the LP A. Neither the LOCAl PlJBLIC AGENCY, nor any person, firm or ::orporation acting on behalf of the LOC.-\L PlJBLIC AGENCY, shall use the documents, or copies of the documents, for any work or project other than the work or project for which the CONSUL TANl prepared the documents. The CONSUL T.l\..."iT shall have no liability for peiSonal injury, death, property damage or economic loss, ofwnatever kind or character, arising out of, or relating to, the use by LOCAL PlJBLIC AGE~CY or any person, firm or corporation acting on behalf of LOC.A..L PUBLIC AGENCY, of the documents. or copies of the documents, for any work or project other than the work or project for which the CONSUL TMl prepared the documents. Page 3 of22 Revised 2/11Jt18 F'\ The LOCAL PUBLIC AGENCY mdy make unlimited copies of the documents furnished by the CONSULTANT. 6. Access to Records During the Agreement period and for three (3) years from the date offinal payment under the terms of this Agreement, the CONSUL TAN! and its subcontractors shall maintain all books, documents, papers, ac~ounting records and other evidence pertaining to the cost incurred and shall make such materials available at their respective offices at all reasonable times for inspection or audit by the LOCAL PUBLIC AGENCY, fNDOT, the federal Highway Administration ("FHWA"), or other authorized representatives of the federal government, and copies thereof shall be furnished if requested. 7. .4udit \Vorkjn~ Paper;; and Conclusions The CONSULTANT agrees that, upon request by any agency participating in federaily-~sisted programs with whom the CONSUL TAl'i"T has contracted or seeks to contract, the LPA, I}iDOT, FHWA, or other authorized representatives of the federal government may release or make available to the agency any working papers from an audit perfonned by such agency of the CONSULTANT and its subcontractors in connection with this Agreement, including any books, documents, papers, accounting records and other document:ltion which support or fonn the basis for the audit conclusions and judgments. 8. ComDliance with State and Other Laws : The CONSULTANT agrees to comply with all federal, state and local laws, rules, regulations, or ordinances, that .are applicable at the time the CONSULTANTs services pursuant to this Agreement are rendered, and all provisions required thereby to be included herein are hereby incorporated by reference. 9. Responsibility of the CONSUL T4NT f"l A. Tne CONSULTANT shall be responsible for the professional quality, technical accuracy, and the coordination of all designs, dmwings, specifications and other services furnished by the CONSULTANT under this contract. The CONSULTANT shall, without additional compensation, correct or revise any errors or deficiencies in its designs. drawings, specifications, and other services if the errors or deficiencies resulted, independently of all other causes, from negligence of the CONSULT ANT. The CONSULTANT shall not be Page 4 of22 rl F. Rr:vised:!ll Ijq8 I responsi~(e for errors, omissions or deficiencies.in the dc:signs, drawings, specifications, reports or other services of the LOCAL PUBLIC AGENCY or other consultants. including. without limitation, surveyors and geotechnical engineers. who have been retained by LOCAL PUBLIC AGENCY. Tne CONSULTANT shall have no liability for errors or deficiencies in its designs, drawings. specific:ltions and other services th:lt were caused., or contributed to, by errors or deficiencies (unless such errors. omissions or deficiencies were known or should have been known by the CONSULTANT) in the designs, drawings. specifications and other services f)lrnished by the LOCAL PUBUC AGENCY. rNDOT. or other consultants retained by the LOCAL PUBLIC AGENCY. B. Neither the LOC.~ PUBUC AGENCY's review, approval or acceptance of. nor payment for, the services required under this comract shall be construed to operate as a waiver of any rights under this contract or of any cause of action arising out of the perfomlance of this contract, and the CONSULTANT shall be and remain liable to the LOCAL PUBUC AGENCY in accordance with applicable law for all damages to the LOCAL PUBUC AGENCY caused by the CONSULTANT's negligent perform:lnce of any of the services furnished under this contract. c. Toe CONSULT A1'<! shall be responsible for all damage to life and property C:J.used by errors or omissions of the CONSULTANT, its subcontr:lctors, agents, or employees in connection with the services rendered by the CONSULTANT pursU:lnt to this contr:lCt. The CONSULTANT shall indemnify, defend, and hold h:lrmless the LOCAL PUBUC AGCNCY, INDOT and the State of Indiana, their officials and employe~ from any li:lbiliry due to loss. damage. injuries, or other c:lSualties of whatever kind, which, directly and independentlv of all other causes, arise out of, or result from, the negligence of the CONSUL T.Ain, its agents or employees, in performing the services that ~ r;quired of the CONSUL T M'T by this contr:lct. D. The CONSULT ANI shall have no responsibility for supervising, directing or controlling the work of contractors or other consultants retained by the LOCAL PUBLIC AGENCY, nor shall the CONSULTANT have authority over, or responsibility for, the meaf]S, methods. techniques, sequences or procedures of construction (except those required by the contract plans, specifications, special provisions, etc. prepared by the CONSULTANT) selected by contractors. The CONSULT AN'T shall have no responsibility 'for the safety of persons on or offthejob site, and whether or not engaged in the work, for safety precautions and programs incident to the work of contractors, or for any failure of contractors or others to exercise care for the safety of any person, including employees of contractors. or to comply with laws, rules, regulations, ordinances, codes or orders applicable to contractors' performance of the 'Work. E. The rights and remedies of the LOCAL PUBLIC AGENCY provided for under this contr:lct are in addition to any other rights and remedies provided by law. The CONSULTANT shall have an affirmative duty to advise the LOCAL PUBLIC AGENCY of any known or obvious errors, omissions. or deficiencies in the designs, drawings, specifications. reports. or other services of the LOCAL PUBLIC AGENCY or consultants retained by the LOCAL PUBLIC AGENCY. Page 5 of2= Revised :!JI1/98 0.. 10. Status of Claims The CONSULTANT shall be responsible for keeping the LOCAL PUBLIC AGENCY and [NDOT currently advised as to the starus of any claims made for damages against the CONSULTANT resulting from : services perfonned under this Agreement. The CONSULTANT shall send notice of claims related to work under this Agreement to Chief Counsel, Indiana Department of Transpor.ation, 100 North Senate Avenue, Room N730, [ndianapolis, IN 46204-2249. 11. Workman's Compensation and Liabilitv Insurance The CONSULTANT shall procure and maintain insurance coverirng all operations under this Agreement, whether performed by the CONSULTANT or its subcontractor, from insurance companies licensed to do business in the State of Indiana, of the kinds and in the amounts hereinafter provided, until final payment by the LPA for the services covered in this Agreement. Tne CONSULTANT shall not be given notice to proceed until it has furnished certificates in a form satisfactory to the LPA, showing r'i compliance with this section. During the life of this Agreement, the CONSUL TA1'Il shall provide the LPA with certificates showing that the required insurance has been maintained, at the request of the LPA. Tne certlfic::ltes shall provide that the policies shall not be changed or canceled without ten (10) days prior written noti:ce to the LPA. If such notice is given, the LP A, at its sole option, may term [nate this Agreement. [n such event, the CONSULTANT shall not be entitled to any further compensation under this Agreement. The kinds and amounts of insurance required are as follows: A. Policies covering the obligations of the CONSULTANT pursuant to the provisions of the Workers' Compensation laws. Tnis Agreement shall be void and of no effe::t unless the CONSULTANT procures and maintains such policies until final acceptance of the work. B. Comprehensive OCcurrence policies for bodily injury. liability and property damage liability insurance including owners' or contractors' prote::tive coverage with a save and hold harmless endorsement for the types herein specified each with limits of$l,OOO,OOO.OO per occurrence for bodily injury or property damage with a $2,000,000.00 annual aggregate. Such policies shall have no deductibles or self-insured retentions. c. Automobile policies for bodily injury and property damage liability insurance for the types herein specified with limits of S 1 ,000,000.00 per person and S3,OOO,000.00 per accident and i Page 6 of22 r, r\ r., (\ R.:viscd 2111/98 $1,000,000.00 for property damage, including hired and non-Qwned vehicles. Such policies shall h.lVe no deductibles or self-insured retentions. 12. Pro~ress Reports The CONSULTANT shall submit a progress report to the LP A on or before the tenth (10th) day of e::lcn month, showing pro~ss to the first of the month. The report shall consist of a progress chart with the initial schedule on which shall be superimposed the current S""....:ltUS oftne work. 13. Changes in Work In the event the LPA requires a material ~hange in scope, character or complexity of the work after the work has progressed as directed by the LOCAL PUBLIC AGENCY, adjustments in compe:1sation to the CONSULTANT and in time for performance of the work as modified shall be determined by the LP A, subjec: to the CONSULTANTs approval. Tne CONSUL T.A..:~T shall not commence the additional work or the change of the scope of the work until a supplemenul contract is executed and the CONSULTANT has received written authorization from the LPA and INDOT to proceed with the work. i 14. Delav, and Extensions The CONSUL T.~l 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 Agreement. Any such delays shall be compensated for by an extension of time for such period as may be determined by the LPA, subject to the CONSULT A1'-<Ts approvaL However, it being understood, that the permitting of 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. 15. Abandonment and Terminnrion The LOCAL PUBLIC AGENCY reserves the right to terminate or suspend this Agreement upon thirty (30) days written notice. Page 7 of:?:? ('ii Revised :'JIII9& A. [f the LOCAL PUBLIC AGENCY shall abandon the services herein mentioned, the CONSULTANT shall deliver to the LOCAL PUBLIC AGENCY all data., reports. dr.:twings, specifications and estimates completed or partially completed, which shall b~come th~ property of the LPA. The earned value of the work performed shall be based upon an estimate of the ponion of the total services that have been rendered by the CONSULTANT to the date of the abandonment and which estimate shall be made by the LOCAL PUBLIC AGENCY in the exercise of its honest and reasonable judgment for services to be paid on a lump su.m basis, and it shall be based upon an audit for those services to be paid for on a cost basis or a cost plus fixed fee basis. The audit shall be perfonned by the Indiana Department of Transportation's Division of Accounringand Control in ac::ordance with gener.:tlly accepted auditing standards and the cost principles contained in the Federal Acquisition Regulations, 48 CFR Pan 31. Tne payment made to the CONSULTANT shall be paid as the final payment in full settlement for its services hereunder. B. , If,' at any time, for anv cause whatsoever, the CONSULTANT shall abandon or fail to timel...... pJrfo~ any of its d;ties hereunder, including the preparation and completion of plans and specifications within the time specified, or within such ftinher extension or extensions of time as may be agreed upon, the LOCAL PUBLIC AGENCY may give written notice that if the CONSULTANT has not complied with the requirements of this Agreement within tvv'enty (:20) calendar days from the date of such nocice, then the Agreement is deemed terminated. Upon the mailing or delivery of such notice or personal delivery thereof to the CONSULTANT, and the failure of the CONSULTANT within the twenty (20) day period to fully comply with each and all requirements of this Agreement, this Agreement shall terminate and the LOCAL PUB.LIC AGENCY may by any method it deems to be necessary designate and employ other cOf\sultants. by cont:I<lct or otherwise, to perform and complete the services herein described. When written notice is referred to herein, it shall be deemed given when deposited in the mail addressed to the CONSULTANT at its last known address. c. If the LOCAL PUBLIc AGENCY shall act under the preceding paragr.:tph, then all data. reports, drawings, plans, sketches, sections and models, all specifications, estimates, me:lSurements and data per-wining to the projec:, prepared under the terms or in fulfillment of this Agreement, shall be delivered within twenty (20) days to LOCAL PUBLIC AGENCY. If the CONSULTANT fails to make such delivery upon demand, then the CONSULTANT shall pay to LOCAL PUBLIC AGENCY any damage it may sustain by re:lSon thereof. 16. Non-Discrimination A. B. r, Pursuant to 1.c. 22-9-1-10, the CONSULTANT and its subcontractors, if any, shall not discriminate against any employee or applicant for employment, to be employed in che performance ofwork under this Agreement, 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 or ancestry. Breach of this covenant may be regarded as a material breach of this Agreement. The CONSULTANT, and any agent of the CONSUL TANT, in the perfonnance of the work under this Agreement, shall comply with 42 U .S.C. 92000e, provided the CONSULTANT has fifteen or more employees for each working day in each of twenty or more calendar I Pnge 8 of22 Revised :!II 1/98 r\ weeks in the current or preceding calendar year. 4~ U.S.C. ~~OOOe sUtes in part that it shall be unlawful for the CONSULJANT to: 1. fail or refuse to hire or to discharge any individual. or otherwise to discriminate against any individual with respect to compensmion, tenns, conditions, or privileges of employment, because of such individual's race, color, religion, sex, or national ongIn; or to limit, segregate, or classify its employees or applicants for employment in any way which would deprive or tend to deprive any individual of employment opportUnities or otherwise adversely affec~ any individual's status as an employee, because of such individual's race, color, religion, sex or national origin. The CONSULTANT shalt comply with 42 U.S.c. s2000e, the terms of which are incorporated by reference and made a part of this Agreement. Breach ofmis covenant may be regarded as a material bre::lch of the Agreement. C. Tne CONSULTANT agrees to comply with the regulations of the U.S. Department of Transportation relative to non-discrimination in federally-assisted programs of the U.S. Deparnnent ofTranspor..ation. Title ..19, Code of Federal Regulations. Part 21, effec;uates 42 O.S.C. 92000e above, and is incorporated by reference and made a part of this Agreement. Pursuant to 49 CFR Pan::' I, the CONSULTANT agrees as follows: 1. Nondiscrimination: The CONSULTAl'iT, with regard to'the work performed by it after award and prior to completion of the conL"act work., will not discriminate on the grounds of race, :color, or national origin in the selection and retention of subcontractors, induding procurement of materials and leases of equipment. The CONSULTANT will not participate either directly or indirectly in the discrimination prohibited by Section 2 1.5 of the regulations, including employment practices when the conrrac; covers a program set forth in Appendix "A" of the regulations. ..., Solicitations for Subco'ntracts. Including Procurements of Materials and Eauipment: 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 equipment, each potential subcontractor or supplier shall be notified by the CONSULTANT of the CONSULT A."l'-.iT's obligations under this Agreement and the regulations relative to non-discrimination. - - ". Information and Reports: The CONSUL T.A.NT will provide all information and reports required by the regulations, or directives issued pursuant thereto, and will permit access to its books, records, accounts, and other sources of information. and its facilities as may be determined by the LOCAL PUBLIC AGENCY or the Federal Highwav Administration to be pertinent to ascertain compliance with such regulations or di-rectiv~s. W1lere any information required of a CONSULTANT is in the exclusive possession of another who fails or refuses to furnish this I page 9 of22 r\ r 17. Successors and Assi !!nees R~vised 2/11/98 in form ation. the CONSULTANT shall "so certi fy to the LOCAL PUB LI C AGENCY, or the Federal Highway Administr:ltion as appropriate, and shalt set forth what efforts it has made to obtain the infonn::uion. 4. Sanctions for Noncompliance: In the event of the CONSULTANTs noncompliance with the nondiscrimination provisions of this Agreement, the LOCAL PUBLIC AGENCY shall impose such sanctions as it or the Federal Highway Administration may determine to be appropriate, including, but not limited to, suspension or termination or refusal to grant or to continue fede:-al financial assistance or by any other means authorized by law. 5. ! ncorporation of Provisions: The CONSULTANT wilf include the provisions of paragraphs (I) through (5) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the regulations or directives issued pursuant thereto. The CONSULT AA'T will take s4ch action with respect to any subcontract or procurement as the LOCAL PUBLIC AGENCY or the Federal Highway Administmtion may direct as a means of enforcing such provisions including sanctions for noncompliance. In the event the CONSULTANT becomes involved in. or is threatened with, [itigation with a subcontractor or supplier as a result of such directibn, the CONSULTANT may request the LOCAL PUBLIC AGENCY to enter into such litigation to protect the interests of the LOCAL PUBLIC AGENCY and, in addition, the CONSULTANT may request the United States to enter into such litigation to protect the interest50fthe United States. In so far as authorized by law, the parties bind their successors, executors, administrators and assignees to all covenants of this Agreement. Except as above set forth, neither the CONSULTANT nor the LOCAL PUBLIC AGENCY shall assign, sublet or t....ansfer its interest in this Agreement without the prior wrinen consent of the other. 18. Disadvantaged Business Enterprise PrOl!ram A. General 1. Notice is hereby given to the CONSULT A.."lIrr or subcontractor that failure to car;-: out the requirements set forth in 49 CFR Sec. 23.43(a) shall constitute a breach of contract and, after notification, may result in termination of the contmct or such remedy as the LOCAL PUBLIC AGENCY deems appropriate. /\ The referenced section requires the following policy and disadvantaged business enterprise (DBE) obligation to be included in all subsequent contracts between the CONSUL TANT and any subcontractor: i Page 1 0 of 2.2 R.:vised :!III/9g (a) It is the policy of the Indiana Department of Transporution thn.t disadvantn.ged business enterprises, as defined in 49 CFR Part 23, shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with federal funds under this Agreement. Consequently the DBE requirements of 49 CFR Part 23 apply to this Agreement. (b) The CONSULTANT agrees to ensure that disadvantn.ged business enterprises, as defined in 49 CFR Part 23, have the ma;'(imum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with federal funds provided under this Agreement. In this regard, the CONSULTANT shall take all necessary and reasonable steps. in accordance with 49 CFR Part 23, to ensure that disadvantaged business enterprises have the ma.'l::imum opportunity to compete for and perform contracts. The CONSULTANT shall not discriminate on the basis of race, color, national origin, or sex in the award and peri"ormance of federally assisted contracts. .., As part of the CONSULTANT's equal opportunity affirmative action program. it is required that the CONSULTANT shall take positive affirmative actions and put forth good faith efforts to solicit proposals or bids from and to utilize disadvanL:lged business enterprise subcontr:lctors, vendors or suppliers. r\ ! B. Definitions =-' i I. I "Disadvantaged business enterprise" means a small business concern: (a) which is at least 51 percent owned by one or more socially and economically disadvantaged individuals, or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or mor:: socially and economically disadvantaged individu:J.ls; and (b) whose manag~ment and daily business operations are controlled by one or more of the socially and economically disadvantaged individuals who own it. 2. "Small business concern" means a small business as defined pursuant to section 3 of the Small Business Act and relevant regulations promulgated pursuant thereto, except that a small business concern shall not include any concern or group of concerns conu:olled by the same socially and economically disadvantaged individual or individuals which has annual average gross receipts in excess of S:.5 million over the previous three fiscal years. 3. "Socially and economically disadvantaged individuals" means those individuals who are citizens of the United States (or lawfully admitted permanent residents) and who are women. Black Americans, Hispanic Americans, native Americans, I Page 1 t of12 Revised :!!11/98 Asian-Pacific Americ~ns. or Asian-Indian Americans and any other minorities or individuals found to be disadvantaged by the Small Business Administration pursuant to section 8(a) of the Small Business Act. 4. "Certified disadvantaged business enterprise" means the business has completed and filed with the Indiana Deparunent ofTrnnsportation a request for certification. and that the business has been reviewed and determined to comply with the guidelines established in 49 CFR Part 23. A business which is determined to be eligible will be certifi~d as a disadvantaged business enterprise (DBE). C. Subcontracts 1. If the CONSULTANT intends to subcontract a portion of the work. the CONSUL T A..NT is required to take affinnative actions to seek out and consider DBEs as potential subcontractors prior to any subcontractua[ commitmenL ., The contac:s made with potential DBE subcontractors'and the results the:-eof shall be documented and made available to the LOCAL PUBUC AGENCY and the Federal Highway Administration (FHW A) when requested. :3. A request to sublet a portion of the work to a finn that is not a DBE shall include Form DBE-2 and documentation evidencing contacts and the results thereof made with potential DBEs for the specific work to be subcontracted, in compliance with C.! and C.2. {"\, i 4. Ifa portion of the work under this Agreement is subcontracted to a DBE firm, the:1 upon completion of the project., a Disadvantaged Business Enterprise Utilization Affidavit., Form DBE-3, shall be completed by the CONSULTANT and returned to the LOCAL PUBLIC AGENCY. Tne contractor and the subcontractor/ lessor/supplier shall certify on the DBE-3 fo~ that specific amounts have been paid and received. D. Affinnative Actions The CONSULTANT shaIl, as a minimum, develop an affirmative action plan for a Disadvantaged Business Enterprise Program which includes: 1. Appoinnnent of a representative with authority to administer the CONSUL TAt-."Ts Disadvantaged Business Enterprise Program. ") Documentation of affinnative action methods and procedures intended to be used in seeking out and considering certified DBEs as subcontractors or suppliers. 3. Maintenance of a list of certified DBEs to be contacted prior to the selection of a potential subcontractor for the particular items, within the capabilities of the DB Es. This list shall include but not be limited to: (a) the name of each subcontractor or supplier and a notation as to their DB E Page 120f22 Rcvised 2/11/98 C\ i certification status; and (b) the potential type of work or servIces to be performed by each subcontractor or supplier. E. Records and Reports I. The CONSULTANT shall keep such records as are necessary to determine compliance with this contract The records kept by the CONSULT Ai"\iT shall show, as a minimum: . (a) the number of disadvantaged and non-minority subcontractors and suppliers and type and dollar value of work, materials or services being performed on or incorporated in this project; (b) the progress and eff~rts made in seeking out disadvantaged contractor organizations and individual disadvantaged contractors for work on this project; (c) dbcumentatiOI1 of all correspondence, contac~, telephone calls. etc., to obtain the services of DBEs on this Agreement. .., The CONSULTANT shall submit reports, as required by the LOCAL PUBLIC AGENCY, of those contrac~ and other business agreements executed with DBEs with respect to the records referred to in paragraph E. I . f\ 3. All such records must be maintained for a period of three ye:lrS following acceptance of final payment and shall be available for inspection by The LOCAL PUBLIC AGENCY and the Federal Highway AdminiStration. . F. Leases and Rentals The CONSULTANT shall notify the LOC...u. PUBLIC AGENCY when purchases or rental of equipment are made with disadvantaged businesses. The information submitted shall include the name of the business, the dollar amount of the transaction, and the type of purchases made or type of equipment rented. G. DBE Program Unless othe:-wise specified in this Agreement the DBE Program developed by the LOCAL PUBLIC AGENCY and approved by the Federal Highway Administration applies to this Agre:::ment. 19. S uoolemenrs This Agreement may only be amended, supplemented or modified by a written document executed in the same manner as this Agreement. r" ! Page 13 of:!2 "1 r, r, =",' R.:vised 1/11/98 20. Pollution Control Requirements If th is Agreement is for $ I 00,000 or more, the CONSULT ANT: A. stipulates that any facility to be utilized in performance under or to benefit from this Agreement is not listed on the Environmental Protection Agency (EPA) List of Viola ring Facilities issued pursuant to the requirements of the Clean Air Act, as amended, and the Federal Water Pollution Control Act, as amended; B. - 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 guidel.ines issued thereunder, and C. stipulates that, as a condition qf federal-aid pursuant to this Agreement, it shall notify the LP A and the Federal Highway Administration of the receipt of any apvice indicating that a facility to be utilized in performance under or to benefit from this Agreement is under consideration to be listed on the EPA Listing of Violating Facilities. ::!O. Governing Laws This Agreement shall be construed in accordance with and govemed by the laws of the State or Indiana and suit, if any, must be brought in the State ofIndiana. 21. Independent Contractor The parties hereto, in the performance of this Agreement, wi\[ be acting in an individual capacity and not as agents, employe::s., parmers, joint ventures or associates of one another. Tne employees or agents of one party' shall not be deemed or construed to be employees or agents of the other parry for any purpose whatsoever. ..,..., Certification for Federal-A id Contracts The CONSULTANT certifies, by signing and submitting this Agreement, to the best of its knowledge and belief, that the CONSULTANT has complied with Section 1352, Title 31, U.S. Code, and specifically, that: A. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, 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 contract, Page 14 of22 R.:vised ~llIq8 the making of any federal grant. the making of any feder:ll 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. B. I f 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. This form is available through the Indiana Depanment of Transportation. This certification is a material representation of fact upon which reliance was pla-ced when this transaction was made (or entered into. This certification is a prerequisite for making or entering into this transaction imposed 31 V.S.C. sec. 1352. The CONSULTANT also agrees by signing this Agreement that it shall require that the language of this certification be included in all lower tier subcontracts, which exceed S 1 00,000, and that all such subrecipients 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 S 10,000 and not more than S I 00,000 for e:J.ch (\ failure. rl Page 15 of:!.:! Revised 2111198 r\i ! . IN TESTIMONY WHEREOF, the parties hereto have executed this Agreement. SUL T ANT acoD Toombs and Lanz, Inc. Mayor Thomas R. Galligan, President (print or type name and title) . 01?~Ai /Z m.{jic- . v' SIgnature hn H. Toombs r. Vice President (Print or type name and title) Robert L. Waiz, fr., Member (Print or type name or title) ATTEST: <d)o ~ \.OL L' cJ--A- Signature De IlL " r(l f1..~ rLf"' (Print or type name and title) C, ISydncylwpdoc.1919751 19751 ce\LP kg",.",ent. "I,d Page 16 of 22 r i . AC~NOWLEDGMENT Revised 2/11/98 STATE OF INDIANA ), COUNTY OF CLARK )SS: Before me, the undersigned Notary Public in and for said County personally appeared or e 1. Lanz President and ohn H. Toombs r. V.P. actin on behalf of acobi Toombs & Lanz Inc. (name of signers, their official capacity and agency name) and each acknowledged the execution of the foregoing contract on this~ day ofOr:/-Q.l>>r-, 2002, and each acknowledged and stated that hel she is the party authorized by said agency to execute the foregoing contract. My Commission Expires 12129/06 Clark County of Residence ACKNOWLEDGMENT ~\ t . STA TE OF INDIANA ), COUNTY OF CLARK I I )SS: Before me, the undersigned Notary Public in and for said County personally appeared Mayor Thomas R. Galligan, President; Robert L. Miller, Member; and RobertL. Waiz, Ir., Member, acting as the duly appointed members of the Jeffersonville Board of Public Works and Safety (name of signers, their official capacity and agency name) and each acknowledged the execution of the foregoing contract on this _ day of ,2002, and each acknowledged and stated that hel she is the party authorized by said agency to execute the foregoing contract. My l;ft/on Exp;", d ~o<(p/ 001 , f1d County of Residence ~A- -r ~ Not~<<~N' L. /(lA.JCr Print or type name ~. ...., f "1 1 C :\SyJney\wl'Joc.\9\9751 \9751ce\LP A.greemenl. wpJ Page 17 of 22 ,--'\ Revised 2/ll/98 d CERTIFICATE OF CONSULTANT I hereby certify that I am the President (title) and duly authorized representative of the firm of Jacobi. Toombs and Lanz, Inc. whose address is 120 Bell Avenue. Clarksville. Indiana 47129, and that neither I nor the above firm I here represent has: (a) employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above consultant) to solicit or secure this Agreement, (b) agreed, as an express or implied condition for obtaining this Agreement, to employ or retain the services of any firm or person in connection with carrying out the Agreement, or (c) paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely forme or the above consultant) any fee, contribution, donation, or consideration or any kind for, or in connection with, procuring or carrying out the Agreement; except as herein expressly stated (if any): None (' -./ i I I further certify that no employee, officer, agent, partner, or any member of their immediate families of this firm is employed or retained either full or part-time, in any manner by the Indiana Department of Transportation, except as herein expressly(if any): None I acknowledge that this certificate is to be furnished to the Indiana Department of Transportation and/or the Federal Highway Administration - Department of Transportation, in connection with this Agreement involving participation of Federal-aid highway funds, and is subject to applicable, tate and 10/'1/ Z Lo 1- (Dale) IE Federal laws, both criminal and civil. C ,\Sydnc),\IVJ,doc.\9\9751 19751 cc\LP Aagrccmcn l. wpd , Page 18 of 22 r\ Revised 2/11 /98 CERTIFICATE OF LOCAL PUBLIC AGENCY I hereby certify that we are the duly appointed members of the Teffersonville Board of Public Works and Safety (LPA), and the above CONSULTANT or its representative has not been required, directly or indirectly as an express or implied condition in connection with obtaining or carrying out this Agreement to: (a) employ or retain, or agree to employ or retain, any firm or person, or (b) pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or consideration of any kind except as herein expressly stated (if any): None (I) (We) further certify that no employee, officer, agent, or partner, or any member of their immediate families of the CONSULTANT is employed or retained either in a full-time or part-time basis ~'... f :J in any manner by the LP A except as herein expressly stated (if any): None '~ I I acknowledge that this certificate is to be furnished to the Federal Highway Administration and the Indiana Department of Transportation, in connection with this Agreement involving participation of federal-aid highway funds, and is subject to applicable state and fe ~ (Date) r C ,ISydncyl"lxl"",,1919751 19751 celLP Aagrccmcnl. "'IxI Page 19 of 22 0! n , ~ ("\ Revised 2/11/98 i NON-COLLUSION AFFIDAVIT STATE OF INDIANA ) ) SS: ) COUNTY OF CLARK The undersigned, being duly sworn on oath, says that he/she is the contracting party, or, that he/she is the representative, agent, member, or officer of the contracting party, that he/she has not, nor has any other member, employee, representative, agent, or officer of the firm, company, corporation or partnership represented by him/her, directly or indirectly, entered into or offered to enter into any combination, collusion or con ct to receive or pay, and that he/she has not received or paid, any sum f m ney or other consider io for the execution of the annexed Agreement other that which appears e face of the Agree e t. (7e-. Ignature e I. Lanz, P .E. Printed Name President Title Jacobi, Toombs and Lanz, Inc. Company Before me, a Notary Public in and for siaid County and State, personally ~ppeared Jorge I. Lanz, F.E" President, who acknowledged the truth of the statements in the foregoing affidavit on this(J2nd day of DC:f()bllf , 2002. My Commission Expires: ~~~:::f?/ Print or type name 12/29/06 Clark County of Residence C ,\8ydney\wpdocs\9\9751 \9751ce\LP Aas,eemenL wpd Page 20 of 22 r> f'\ \.~ Revised:!lll/98 DEBARMENT CERTIFICATION This certification applies to the CONSULTANT or any person associated therewith in the capacity of owner, partner, director, officer, principal investor, project director, manager, audiror, or any position involving the administration of Federal funds. In strucrions for Certification 1. By signing and submitting this Agreemem, the prospective prim:J.ry participant is providing the certification set out below. - 2. The inability of a person to provide the certification required below will not necessariiy result in denial of participation in this covered transaction. The prospective participant shall submit an explanation or why it cannot provide the certification set out below. The certification or explanation will be conside:-ed in connection with the department or agency's determination whether to enter into this transaction. Howeve:-. f:ailure of the prospective primary participant to furnish a certification or an explanation shall disqualify such pe:-son from participation in this transaction. 3. Tne certification in this ciause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary participant knowingly rendered an erroneous ce:-rific::I.tion. in addition to oche:- remedies avaiiabie to me Federal Government, the department or agency may ter;ninate this t:ansaction for cause or default. 4. The prospective primary participant shalt provide immediate written notice to the department or agency to whom this Agreement is submitted if at any time the prospective primary participant learns that its certification was erroneous when submitted or has become erroneous bv reason of changed circurns~ces. I - - 5. Tne terms "covered tnnsaction," "debarred," "suspended," "ineligible," "lowe:- tier cove:-ed transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntariiy excluded," as used in this clause, have the meanings set out in the Definitions and Cove:-age sections ortne rules implementing Executive Order 12549. You may contact the department or agency to which this Agreement is being submitted for assistance in obtaining a copy of those regulations. 6. The prospective primary participan~ agrees by submitting this Agreement that should the proposed covered transaction be entered into, it's hall not knowingly enter into any lowe:- tie:- covered transaction with a person who is debarred, suspended, declared ine!igible, or voluntariiy excluded from participation in this covered transaction unless authorized by the department or agency eme:-ing into this transaction. 7. The prospective primm:' participant further agrees by submitting this Agreement that it wilt include the claus~ titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lowe:- Tier Covered Transaction," provided by the department or agency entering into this covered transaction without modification in all Iqwer tier covered transactions and in all solicitations for lower tier covered transactions. , 8. A participant in a covered transaction may reiy upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible or voluntarily excluded from the covered transaction unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List. 9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certific:ltion required by this clause. The knowledge and infonnation of a participant is not required to exceed that which is nonnally possessed by a prudent person in the ordinary course of business dealings. Page 21 of:!2 Revised 2/11/98 r> 10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. Certification Regarding Debarment. Suspension and other Responsibility Matters - - Primary Covered Transactions r, (1) The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this Agreement been convicted of or had a civil judgement rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicated for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three-year period preceding this Agreement had one or more public transactions (Federal, State or local) terminated for cause or default. Before me, a Notary Public in and for said County and State, personally appeared Jorge L Lanz. P.E.. President, who acknowledged the truth of the statements in the foregoing affidavit on this,~day of (Jrl.t..,/x:r- , 2002. My Commission Expires: 12/29/06 ~~vn)1f:7L S dne L. McKinne Print or type name r\ Clark County of Residence c: ISydneylwpdocsl9\9751 19751ce\LP Aagreemenl.wpd Page 22 of 22 r\ Rev. 7/1/89 APPENDIX "A" Services by CONSULTANT A. Engineering Personnel For the fulfillment of all services outlined in Section B below, the CONSULTANT will provide one (1) full time Resident Project Representative, and Inspectors and clerical and secretarial personnel as required for a period of time necessary to complete the construction project andr' 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 the Indiana r1 Department of Transportation approval is obtained. The full time Resident Project Representative will take directions from and report to the Indiana Department of Transportation's Area Engineer on all maters concerning compliance and administration. The full time Resident Project Representative will coordinate project activities with the Local Public Agency's Project Coordinator and Indiana Department of Transportation's Area Engineer. r C,\Sydn<ylwpdocs\9\9603\9603Alapp=dix ..wpd Page 1 of 7 Pages Appendix "A" o r\ r, Rev. 7/1/89 B. Description of Services 1. Construction Schedule: Review the constructlOn 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 b~ 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 full time 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 C:\Sydney\wpdoc.\9\9603\9603A\appendix a,wpd i Page 2 of 7 Pages Appendix "A" r\ ~. ~. r Rev. 7/1/89 Agency and Indiana Department of Transportation by the full time Resident Project Representative. 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 froin the Contractor a list of his proposed suppliers and subcontractors. 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 the Indiana Department of Transportation's procedures. 8. 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 Indiana Department of Transportation 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 C ,ISydneylwpdoc.I9\960319603Alappendix a. wpJ Page 3 of 7 Pages Appendix "A" Rev. 7/1/89 i I submissions, and check construction for compliance in accordance with the contract documents. c. Alert the Contractor's field superintendent when it is observed that material 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 ofthe 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. t\ C:\Sydney\wpdocs\9\9603\9603Alappendix a.wpd Page 4 of 7 Pages Appendix "A" Rev. 7/1/89 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. 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, changer orders and . additional drawings subsequent to the award of the contract, progress reports and other project related documents. r' b. Keep a diary or log book, recording hours on the job site, weather I I 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 subcontractors 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. ('\ C:\Sydney\wpdoc.\9\9603\9603A\appendix a.wpd Page 5 of 7 Pages Appendix "A" c\ Rev. 7/1/89 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. 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. Pro,iect Responsibility: The Resident Project Representative will be responsible for r: 16. the documentation of pay quantities and estimates, and the maintenance of appropriate records related to the construction of this project. i 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. C,IS"dneylwpdocsI9\960319603AI.ppendix '0 wpd Page 6 of 7 Pages Appendix "A" f\ -' (\ j '---~ ,.. Rev. 7/1/89 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 cannot accept or perform any work (including, but not limited to construction engineering, production stating, falsework drawings and shop drawings) for the Contractor, material supplier of the Contractor, or for any of the Contractor's subcontractors on 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 CONSUL T ANT if the individual is an employee of the CONSULTANT or an employee of a firm associated with the CONSULTANT. 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 by-laws. Owner - A sole proprietor, any partner in a partnership, or any shareholder of a corporatIOn. C:\Sydney\wpdoc.\9\9603\9603A\appendix a.wpd i Page 7 of 7 Pages Appendix "A" r~ ". (' APPENDIX lOB" Information and Services to be furnished by the Local Public Agency The Local Public Agency shall furnish the CONSULTANT with the following: Rev. 7/1/89 1. The Local Public Agency shall designate an employee as Project Coordinator to coordinate actIvItIes between the CONSUL T ANT, Indiana Department of Transportation and the Local Public Agency. 2. Assistance to the CONSULTANT by placing at his disposal all available information pertinent to the project. C:\Sydney\wpdoc.\9\9603\9603A \appendix h. wpJ Page 1 of 1 Page Appendix "B" r\ ',-" ~ t' ' Schedule Rev. 3/1/99 APPENDIX "e" The CONSULTANT will be prepared t 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 CONSUL T ANT 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. C:\Sydney\wpdoc.\9\9603\9603A\appen~ix o. wpd Page 1 of 1 Page Appendix "C" r\ r, Rev. 7/1/89 APPENDIX "D" Compensation A. Amount of Payment The CONSULTANT will receIve as payment for the work performed under this agreement, as follows, unless a modification of the agreement is approved in writing by the Local Public Agency and the Indiana Department of Transportation: 1. For those services performed by the CONSULTANT, the CONSULTANT will be paid on the basis of actual hours of work performed by essential personnel exclusively on this agreement at the direct salary and wages of each employee, PLUS a provisional overhead rate thereof of 125.00 percent, PLUS direct non- salary costs (the actual costs of such out-of-pocket expenses directly attributable to this agreement such as fares, subsistence, mileage, long distance calls, equipment rentals, reproductions, etc.) as approved by the Local Public Agency, PLUS a fixed fee. The .l!lovisioHdl o~elhead late shall l.le~el e:xceeJ 160.00 pelcellt. The CONSULTANT shall adjust the provisional overhead rate on the invoice subsequent to receipt of a new overhead rate from the Indiana Department of Transportation's Division of Accounting and Control. The overhead rate shall be determined by the Indiana Department of Transportation's Division of Accounting and Control in accordance with generally accepted auditing standards and the cost principles contained in the Federal Acquisition Regulations, 48 CFR Subpart 31.2. rrO~evel, the ovelhead late Eol ea\.-h of the CONSULTANT's fiscal ye,l.!5 is lilnited to 160.00 .l!elCeHt. 2. For those services performed by other than the CONSULTANT, the CONSULTANT will reimburse 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. c: \Sydney\wpdocs\9\9603\9603A\appendix d. wpd Page 1 of 3 Pages Appendi'C "D" r\ ("1 r, Rev. 7/1/89 3. 4. I The total amount of the fixed fee is $10,360.000. The total compensation for Section A(1), (2) and (3) of this Appendix "D" shall not exceed $80,502.50 unless approved in writing by the Local Public Agency, Indiana Department of Transportation and Federal Highway Administration. A breakdown of the estimated costs for the project is as follows: 5. Base Payroll Cost $ 30,698.00 Payroll Burden and General Overhead at 125.0% $ 38,372.50 Estimated Total Labor and Overhead Costs $ 69,070.50 ' Fixed Fee $ 10,360.00 . Direct Non-Salary Cost l ~. 3.-bO.-$ ~".. ---- 0,,,"'/ 0'70_ ;s.fJ I $ 80,502.50 1,072.00 ,,/, OCfl-f),,,d l. TOTAL B. Method of Payment 1. Payment shall be made monthly to the CONSULTANT upon submission to the Local Public Agency of an invoice, including an amount of the fixed fee arrived at by taking a ratio of the accumulative monthly labor cost to the total labor cost as estimated above and multiplying this ratio by the total fixed fee. From the partial payment computed each month, there shall be deducted all previous partial fee payments made to the CONSULTANT. 2. Should the scope of the work be modified or this agreement terminated for any reason, the direct costs incurred by the CONSUL T ANT will be reimbursed and a revised amount of the fixed fee to be paid shall be negotiated between the parties to this agreement to reflect the changes in the scope, extent and character of the services to be furnished by the CONSUL T ANT from those contemplated for full completion of the agreement, had the scope of work not been adjusted or the agreement terminated. c, \Sydn,y\wpdocs\9\9603\9603A\app,nd;x d.wpd Page 2 of 3 Pages Appendix "D" 8/17/04 at 09:27:36.66 Page: 1 of 2 JACOBI, TOOMBS & LANZ, INC JTL Job Ledger Report for Job Costing .... For thePeriod From Jan 1, 1967 to Aug 17, 2004 Filter Criteria includes: 1) IDs from 9751CE to 9751CE. R@portordeiis by 10. RepOrt is printed including Balance FOlWard. Job 10 Job Description GL Ace! GL Ace! Description Tn< Date Trans Description Jrnl Trans R Amount Totals f'\ 9751GE COURT AVE EXTENSION 300110 CITY OF JEFF FEES EA 4/11103 JEFFERSONVillE BoPW -JOB #9751CE - COURT AVENUE EXTENSION SJ 03-0586 -5,637.16 CONSTR.UCTION ENGINEERING (PROJECT NO. STP-6-74O(1}) 515103 JEFFERSONVillE BOPW -JOB #9751CE - COURT AVENUE EXTENSION SJ 03-0619 -2,485.89 CONSTRUCTION ENGINEERING (PROJECT NO. STP-6-740(1)) 6/11103 JEFFERSONVillE BoPW - JOB #9751CE - COURT AVENUE EXTENSION SJ 03-0674 -15.628.62 CONSTRUCTION ENGINEERING (PROJECT NO. STP-6-74O(1) 7110/03 JEFFERSONVillE BoPW -JOB #9751CE - COURT AVENUE EXTENSION SJ 03-0710 -10.000.44 CONSTRUCTION ENGINEERING IPROJECT NO. STP-6-74O(1}) 811103 JEFFERSONVillE BoPW -JOB #9751CE - COURT AVENUE EXTENSION SJ 03-0751 -5,390.87 CONSTRUCTION ENGINEERING (PROJECT NO. STP-6-74O(1)) 915103 JEFFERSONVillE BoPW -JOB #9751CE - COURT AVENUE EXTENSION SJ 03-0797 -5,605.18 CONSTRUCTION ENGINEERING (PROJECT NO. STP-6-74O(11) 1115103 JEFFERSONVillE BOPW - JOB #9751CE - COURT AVENUE EXTENSION SJ 03-0860 -1,935.93 CONSTR.UCTION ENGINEERING (PROJECT NO. STP-6-740(11l 12/8103 JEFFERSONVillE BoPW -JOB #9751CE - COURT AVENUE EXTENSION SJ 03-0902 -4.971.58 CONSTRUCTION ENGINEERING (PROJECT NO. STP-6-740(1)) -55,585.67 400100 SALARIES 2/13103 JAMES G. SilLIMAN PR.! 25752 235.90 2/13103 VICTORIA L. LAYTON PR.! 25765 132.00 'lfl.7103 JAMES G. SilLIMAN PR.! 25825 303.30 'lfl.7103 VICTORIA L. LAYTON PR.! 25838 264.00 3/13103 JAMES G. SilLIMAN PR.! 26891 252.75 3/13103 VICTORIA L. LAYTON PR.! 25904 22.00 3/27103 JORGE I. LANZ PR.! 25951 43.25 3/27103 JAMES G. SilLIMAN PR.! 25957 101.10 3/27/03 VICTORIA L. LAYTON PR.! 25970 88.00 4/10/03 JORGE I. LANZ PR.! 26034 129.75 4/10103 JAMES G. SilLIMAN PR.! 26040 67.40 4/10103 JAMES G. SilLIMAN PR.! 26040 164.32 4/10103 VICTORIA I.. LAYTON PR.! 26053 286.00 4/10103 VICTORIA L. LAYTON PR.! 26053 231.00 4/10103 JOHN M. 'cASH PR.! 26055 1n.97 4/24103 JORGE I. LANZ PRJ 26115 173.00 4/24103 JAMES G. SILLIMAN PR.! 26121 556.05 4/24103 JAMES G. SilLIMAN PRJ 26121 265.44 4/24103 VICTORIA L. LAYTON PRJ 26134 132.00 518103 JORGE I. LANZ PRJ 26192 173.00 518103 JAMESG. SilLIMAN PRJ 26198 1.246.90 518103 JAMES G. SilLIMAN PRJ 26198 632.00 518103 VICTORIA L. LAYTON PRJ 26211 176.00 618103 VICTORIA L. LAYTON PRJ 26211 132.00 5122103 JORGE I. LANZ PRJ 26276 86.50 5122103 JAMES G. SilLIMAN PRJ 26282 1.348.00 5122103 JAMES G. SilLIMAN PRJ 26282 404.48 5122103 KENNETH P. Hill PRJ 26284 100.00 5122103 KENNETH W. JOHNSON PRJ 26285 29.63 {\ 5122103 JASON A. THEIS PRJ 26293 116.00 5122103 VICTORIA l. LAYTON PRJ 26295 306.00 615103 JORGE I. LANZ PRJ 26353 345.00 615103 BRIAN T. BOOKER PRJ 26355 55.10 615103 JAMES G. SilLIMAN PRJ 26359 1,120.53 615103 JAMES G. SilLIMAN PRJ 26359 594.08 615103 THOMAS L SCHELLENBERG PRJ 26365 63.75 615103 JEFFREY A. MCMAHAN PRJ 26366 32.00 615103 lOIS A. HAM PRJ 26367 116.00 615103 VICTORIA L. LAYTON PRJ 263n 77.00 615103 VICTORIA L. LAYTON PRJ 263n 181.50 6119/03 JORGE I.LANZ pRJ 26429 86.50 6119103 JAMES G. SILLIMAN pRJ 26435 1.305.88 6119/03 JAMES G. SilLIMAN PRJ 26435 657.28 6119103 VlCTORlAL. LAYTON PRJ 26448 77.00 6119103 VICTORlAL. LAYTON PRJ 26448 16.50 713103 JOHN H. TOOMBS JR pRJ 26483 64.88 713103 SHAYNE G. HARPER pRJ 26487 31.00 713103 JAMES G. SILLIMAN pRJ 26490 1,086.83 7/3103 JAMES G. SilLIMAN pRJ 26490 758.40 7/3103 KENNETH W. JOHNSON PRJ 26493 39.50 7/3103 VICTORIA L. LAYTON PRJ 26503 286.00 7/3103 VICTORIA L. LAYTON pRJ 26503 280.50 7/17103 JORGE I. LANZ pRJ 26567 88.50 7/17103 JAMES G. SilLiMAN PRJ 26573 1.213.20 7/17103 JAMES G. SilLIMAN pRJ 26573 429.76 7/17103 VICTORIA L. LAYTON pRJ 26586 11.00 7/17/03 VICTORIA L. LAYTON pRJ 26586V -11.00 7/31103 JORGE I. LANZ PRJ 26654 86.50 7/31/03 JAMES G. SilLIMAN PRJ 26660 1,272.18 7/31/03 JAMES G. SilLIMAN pRJ 26660 530.88 7/31103 KENNETH W. JOHNSON PRJ 26663 29.63 7131103 CRAIG W. OLiNGHOUSE pRJ 26669 26.50 7131103 VICTORIA L. LAYTON pRJ 26673 110.00 7131103 DONNIE E. SKAGGS PR.! 26676 32.30 8/14/03 JORGE I. LANZ PRJ 26707 129.75 8/14/03 JAMES G. SilLIMAN PRJ 26713 1,213.20 8/14/03 JAMES G. SilLIMAN PRJ 26713 948.00 8114103 VICTORIA L. LAYTON PR.! 26726 44.00 8128103 JORGE I. LANZ PR.! 26793 86.50 8128103 JAMES G. SilLIMAN PRJ 26799 556.05 8128103 JAMES G. SilLIMAN PR.! 26799 50.56 8128103 VICTORIA L. LAYTON PRJ 26811 44.00 9111103 JAMES G. SilLIMAN PRJ 26868 252.75 9/11103 VICTORIA L. LAYTON PR.! 26880 66.00 9125103 JAMES G. SilLIMAN PR.! 26945 143.23 9125/03 JAMES G. SilLIMAN PR.! 26945 37.92 9125103 JAMES G. SilLIMAN PR.! 26945V -143.23 9/25103 JAMES G. SII.LiMAN pRJ 26945V -37.92 r 9125103 JAMES G. SilLIMAN pRJ 26969 143.23 9125/03 JAMES G. SILLIMAN PR.! 26969 37.92 1019/03 JAMES G. SilLIMAN pRJ 27042 67.40 1019/03 JAMES G. SilLIMAN pRJ 27042 139.04 10/23103 JAMES G. SilLIMAN PRJ 27099 151.65 10/23103 JAMES G. SII.L1MAN pRJ 27099 12.64 1116/03 JAMES G. SilLIMAN PR.! 27191 202.20 11/20103 JORGE I. LANZ pRJ 27238 173.00