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HomeMy WebLinkAbout07) Agreement with A&F Engineering Co. 1/ Rev. 5/1/90 A G R E E MEN T ~. J9Q1. THIS AGREEMENT is made and entered into 1--1 ~y I Z . CITY OF by and between the JEFFERSONVILLE,. acting by and through the , hereinafter referred to as the "LOCAL BOARD OF PUBLIC WORKS AND SAFETY PUBLIC AGENCY". and A&F ENGINEERING CO., INC. 5172 EAST 65th STREET INDIANAPOLIS, IN 46220 hereinafter referred to as the "CONSULTANT". WIT N E SSE T H WHEREAS, the LOCAL PUBLIC AGENCY desires to contract for ENGINEERING SERVICES REQUIRED TO PREPARE CONTRACT PLANS, SPECIAL PROVISIONS, SPECIFICATIONS AND COST ESTIMATES ALL FOR THE PROJECT HEREINAFTER DESCRIBED, AND r, WHEREAS, the CONSULTANT has expressed a willingness to PREPARE SAID CONTRACT PLANS, SPECIAL PROVISIONS FOR THE SPECIFICATIONS AND COST ESTIMATES AS DESIRED BY THE LOCAL PUBLIC AGENCY AND TO FURNISH THE ENGINEERING SERVICES IN CONNECTION THEREWITH; NOW, THEREFORE. the parties hereto agree that said CONSULTANT shall provide the services and documents, hereinbefore and hereinafter described, in relation to the following described projector projects: STP-C740( I) ',,\ DESIGN AND FURNISH CONSTRUCTION PLANS, SPECIAL P~OVISIONS, SPECIFICATIONS AND COST ESTIMATES TO RECONSTRUCT THE FOLLOWING SECTIONS OF ROADWAY INCLUDING PAVEMENT MARKINGS: COURT AVENUE FROM BROADWAY AVENUE TO MISSOURI AVENUE IN JEFFERSONVILLE f\ Page 1 of 21 pages ("", Rev. 5/1 /90 . . ., 11 ~ ~ :' NQR, THEREFORE, in consideration of the mutual covenants herein contained, 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 "A", attached to this Agreement, and made an integral part hereof. Section II Information and Services ~ be Furnished by LOCAL PUBLIC AGENCY 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. Section III Notice to Proceed and Schedule The CONSULTANT shall begin the work to be performed under this Agreement immediately upon receipt of the written notice to proceed from the LOCAL PUBLIC AGENCY, and shall deliver the work to the LOCAL PUBLIC AGENCY in r', accordance with the Schedule contained in Appendix "C", attached to this r\ 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 forth in Appendix "D", 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. Page 2 of 21 pages ,/ { Rev. 5/1/90 .. . 1 l I 1 ' t S~t ion V General Provisions "1 J. Work Office \ ~. r The CONSULTANT shall perform the work under this Agreement at the following office(s) 5172 E. 65th Street Indianapolis, IN 46220 The CONSULTANT shall notify the LOCAL PUBLIC AGENCY and the Indiana Department of Transportation 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 on full or part time or other basis any LOCAL PUBLIC AGENCY Personnel who remain in the employ of the LOCAL PUBLIC AGENCY. 3. Covenant Against Contingent Fees The CONSULTANT warrants that he 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 he 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, gifts or any other consideration, contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty the LOCAL PUBLIC AGENCY shall have the right to annul this Agreement without liability, or, In its discretion to deduct from the Agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. Page 3 of 21 pages Rev. 5/1/90 {/ f" -~ 1.r t 4.A Subletting and Assignment of Contract ~.. \ '?l No portion of the work under the Agreement shall be sublet, assigned or otherwise dispos~d of, except with the written consent of the LOCAL PUBLIC AGENCY and the Indiana Department of Transportation. Consent to sublet, assign or otherwise dispose of any portion "of the work under this Agreement shall not be construed to relieve the CONSULTANT of any responsibility for the fulfillment of this Agreement. A subcontractor shall not subcontract any portion of its work under this Agreement. S. Ownership of Dor.uments All documents, in~luding tracings. drawings, reports, estimates, specifications, field notes, investigation, studies, etc., as instruments of service, are to be the property of the LOCAL PUBLIC AGENCY. During the performance of the services, herein provided for, the CONSULTANT shall be responsible for any loss or damagp. to the documents, herein e~umerated, while ~\ they are in his possession and any such loss or damage shall be restored at his expense. Full access to the work during the progress of the work shall be available to the LOCAL PUBLIC AGENCY. 6. Access to Records The CONSULTANT and his subcontractors shall maintain all books, documents, papers, accounting records and other evidence pertaining to the cost incurred and shall make such materials available at its respective offices at all reasonable times during the period of this Agreement and for three years from the date of final payment under the terms of this Agreement, for inspection by the LOCAL PUBLIC AGENCY, Indiana Department of Transportation, Federal Highway Administration or any other authorized repre5entatives of the Federal Government and copies thereof shall be furnished if requested. f"'\ Page 4 of 21 pages :.\, f . " Rev. 5/1/90 t A f 7. Compliance with State and Other Laws The CONSULTANT specifically agrees that in performance of the services herein enumerated by him or by a subcontractor or anyone acting in behalf of either, that he or they will comply with any and all State, Federal, and Local Statutes, ordinances, and regulations and obtain all permits that are applicable to the entry into and the performance of this Agreement. 8. Responsibility for Claims and Liabilities The CONSULTANT shall be responsible for all damage to life and property due to activities of the CONSULTANT, his subcontractor, agents, or employees in connection with such services. and shall be responsible for all parts of his work both temporary and permanent. It is expressly understood that the CONSULTANT shall indemnify and hold harmless the LOCAL PUBLIC AGENCY and the State of Indiana from claims, suits, actions, damages. and costs of every name r--\ and description arising out of or resulting from the services of the CONSULTANT under this Agreement, and such indemnity shall not be limited by reason of the enumeration of any insurance coverage, hereinafter provided. 9. Status of Claims The CONSULTANT shall be responsible for keeping the LOCAL PUBLIC AGENCY currently advised as to the status of any claims made for damages against the CONSULTANT resulting from services performed under this Agreement. The CONSULTANT shall send notice of claims related to work under this Agreement to the Local Public Agency. Copies of the notices shall be sent to: Chief, Division of Internal Affairs Indiana Department of Transportation 100 North Senate Avenue, Room 1201 Indianapolis, Indiana 46204-2249 r\ Page 5 of 21 pages r\. f' . ,'"I '"-.- / . ~ ,(. '7 ,,1, Rev. 5/l/90 t ..<l 10. Workmen's Compensation and Liability Insurance The CONSULTANT shall procure and maintain. until final payment by the LOCAL PUBLIC AGENCY for the services covered by this Agreement. insurance of the kinds and in the amounts hereinafter provided in insurance companies authorized to do such business in the State of Indiana covering all operations under this Agreement whether performed by him or by his subcontractor. The CONSULTANT will not be given a notice to proceed until the CONSULTANT has furnished a certificate or certificates in a form satisfactory to the LOCAL PUBLIC AGENCY. showing that this section has been complied with. During the life of this Agreement. the CONSULTANT shall furnish the LOCAL PUBLIC AGENCY with certificates showing that the required insurance coverage is maintained. The certificate or certificates shall provide that the policies shall not be changed or canceled until ten (10) days written notice has been given to the LOCAL PUBLIC AGENCY. In the event that such written notice of change or ~i cancellation is given. the LOCAL PUBLIC AGENCY may at its option terminate this ~... , E. 'J , . Agreement and not further compensation shall in such case be made to the CONSULTANT. The kinds and amounts of insurance required are as follows: (A) Policy covering the obligations of the CONSULTANT in accordance with the provisions of the Workmen's Compensation Law. This agreement shall be void and of no effect unless the CONSULTANT procures such policy and maintains it until acceptance of the work. Page 6 of 21 pages r r'\ r\ Rev. 5/1/90 ( . , " " ' J .A (B) Comprehensive Policies of Bodily Injury Liability and Property Damage Liability Insurance. including Owners or Contractors Protective Coverage and a Save and Hold Harmless Endorsement of the types herein specified each with Bodily Injury Limits of liability of not less than $100.000.00 for each person, including death at any time resulting therefrom. and not less than $300,000.00 in anyone accident, and not less than $JOO,OOO.OO for all damages arising out of injury to or destruction of property. (C) Automobile Policies of Bodily Injury and Property Damage Liability Insurance of the types herein specified with bodily injury limits of liability of not less than $ JOO,OOO.OO for each person. including death at any time resulting therefrom, and not less than $300,000.00 in anyone accident. and not" less than $100,000.00 for all damages arising out of injury to or destruction of property. including hired and non-owned vehicles. JJ. Progress Reports The CONSULTANT shall submit a monthly Progress Report to the LOCAL PUBLIC AGENCY by the tenth of each month, showing progress 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 status of the work. 12. Changes in Work In the event the LOCAL PUBLIC AGENCY requires a major change in scope. character or complexity of the work after the work has progressed as directed by the LOCAL PUBLIC AGENCY, adjustments in compensation to the CONSULTANT and in time for performance of the work as modified, shall be determined by the LOCAL PUBLIC AGENCY in the exercise of its honest and reasonable judgment and the CONSULTANT shall not commence the additional work or the change of the scope of the work until a supplemental agreement is executed and the CONSULTANT is authorized in writing by the LOCAL PUBLIC AGENCY and the Indiana Department of Transportation, to proceed with the work. Page 7 of 2J pages j ~< .', I . " Rev. 5/1/90 J, ',- ~j 13. Delays and Extensions The CONSULTANT agrees that no charges or claim for damages shall be made by him for any delays or hindrances from any cause whatsoever during the progress of any portion of the services specified in this Agreement. Such delays or hindrances, if any, shall be compensated for by an extension of time for such period as may be determined by the LOCAL PUBLIC AGENCY in the exercise of its honest and reasonable judgment, it being understood, however, 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 LOCAL PUBLIC AGENCY of any of its rights herein. 14. Abandonment and Termination The LOCAL PUBLIC AGENCY reserves the right to terminate or su~pend this r--~ Agreement upon written notice. \." =...,;.;,-" r.\ (A) If the LOCAL PUBLIC AGENCY shall abandon the services herein mentioned, the CONSULTANT shall deliver to the LOCAL PUBLIC AGENCY all data, reports, drawings, specifications and estimates completed or partially completed and these shall become the property of the LOCAL PUBLIC AGENCY. The earned value of the work performed shall be based upon an estimate of the portions of the total services as have been rendered by the CONSULTANT to the date of the abandonment and which estimate shall be as made by the LOCAL PUBLIC AGENCY in the exercise of its honest and reasonable judgment for all services to be paid for on a lump sum basis and shall be based upon an audit for those services Page 8 of 21 pages r! (' \ f": / " . " t ~ )1 l' Rev. 5/1/90 <4 to be paid for on a cost basis or a cost plus fixed fee basis. The audit shall be performed by the Indiana Department of Transportations' 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. The payment as made to the CONSULTANT shall be paid as the final payment in full settlement for his services hereunder. (B) If, at any time, for any cause whatsoever, the CONSULTANT shall abandon or fail to timely perform any of its duties hereunder, including the preparation and completion of plans and specifications within the several times hereinbefore specified, or within such further extension or extensions of time as agreed upon, the LOCAL PUBLIC AGENCY may give written notice, that if the CONSULTANT shall not within twenty (20) calendar days from the date of such notice, have complied with the requirements of this Agreement, then the Agreement is deemed terminated. Upon the mailing or delivery of such notice or personal delivery thereof to the CONSULTANT, and the failur~,of the CONSULTANT within said described (20) day. period to fully comply with each and all requirements of this Agreement, this Agreement shall terminate and the LOCAL PUBLIC AGENCY may by any method it deems to be necessary designate and employ other consultants by agreement 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 ad~ressed to the CONSULTANT at its last known address. Page 9 of 21 pages (\ r:i r. (/. II 1 Rev. 5/1/90 J. (c) In case the LOCAL PUBLIC AGENCY shall act under the last preceding paragraph, 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 Agreement, shall be delivered within twenty (20) dayc to the LOCAL PUBLIC AGENCY. In the event of the failure by the CONSULTANT to make such delivery upon demand, then and in that event the CONSULTANT shall pay to the LOCAL PUBLIC AGENCY any damage it may sustain by reason thereof. IS. Non-Discrimination (A) Pursuant to I.C. 22-9-1-10, the CONSULTANT and his subcontractors, if any, shall not discriminate against any employee or applicant for employment, to be employed in the performance of work 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, handicap, national origin or age. Breach of this covenant may be regarded as a material breach of the Agrae*ment. (B) The CONSULTANT in the performance of the work under this Agreement shall comply with the United States Department of Transportation regulations which follow: During the performance of this Agreement, the CONSULTANT for itself, its assignees and successors in interest agrees as follows: (I) Compliance with Regulations: The CONSULTANT will comply with the Regulations of the Department of Transportation relative to nondiscrimination in federally assisted programs of the Department of Transportation, 49 CFR Part 21, as they may be amended from time to time, (hereinafter r.eferred to as the Regulations), which are herein incorporated by reference and made a part of this Agreement. Page 10 of 21 pages . l. ) r, r' Rev. 5/1/90 J (2) Nondiscrimination: The CONSULTANT, with regard to the work performed by it after award and prior to completion of the Agreement work, will not discriminate as defined by the regulations, in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The CONSULTANT "will not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the Agreement covers a program set forth in Appendix "B" of the Regulations. (3) Solicitations for Subcontractors, Including Procurements of Materials an~Equipment: In all solicitation 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 CONSULTANT'S obligations under this Agreement and the Regulations relative to non-discrimination. (4) Information and Reports: The CONSULTANT 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 Highway Administration to be pertinent to ascertain compliance with such Regulations or directives. 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 LOCAL PUBLIC AGENCY, or the Federal Highway Administration 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 Agreement, the LOCAL PUBLIC AGENCY shall impose such contract sanctions as it or the Federal Highway Administration may determine to be appropriate, including, but not limited to, (a) withholding of payments to the CONSULTANT under the Agreement until the CONSULTANT compiles, and/or (b) cancellation, termination or suspension of the Agreement, in whole or in part. (6) Incorporation of Provisions: The CONSULTANT will include the provision of paragraphs (I) through (6) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The CONSULTANT will take such action with respect to any subcontract or procurement as the LOCAL PUBLIC AGENCY or the Federal Highway Adninistration may direct as a means of Page II of 21 pages , - ( .. I, I Rev. 5/J/90 (\ ,,../ enforcing such prOVISIons including sanctions for noncompliance. Providedt howevert that, in the event the CONSULTANT becomes involved in, or is threatened witht litigation with a subcontractor or supplier as a result of such directiont 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 interests of the United States. J 6. Successors and Assignees The LOCAL PUBLIC AGENCYt insofar as authorized by lawt binds itself and its successors, and the CONSULTANT binds his successors, executors, administrators and assignees, to the other party of this Agreement and to the successors, executorst administrators and assignees of such other partYt as the case may be insofar as-authorized by lawt in respect to all covenants of this Agreement. Except as above set forth, neither the LOCAL PUBLIC AGENCY nor the CONSULTANT shall assignt sublet or transfer its or his interest in this f'Agreement without the consent of the other. ',-~ , 17. Disadvantaged Business Enterprise Program A. General J. Notice is hereby given to the CONSULTANT or subcontractor that failure to carry out the requirements set forth in 49 CFR Sec. 23.43(a) shall constitute a ~each of contract andt after notification, may result in termination of the contract or such remedy as the LOCAL PUBLIC AGENCY deems appropriate. 2. The referenced section requires the following policy and Disadvantaged Business Enterprise (DBE) obligation to be included in all subsequent agreements between the CONSULTANT and any subcontractor. a. It is the policy of the LOCAL PUBLIC AGENCY that disadvantaged business enterprisest as defined in 49 CFR Part 23, shall have the maximum opportunity to participate in the performance of contracts financed in whole or part with Federal funds under this contract. Consequently the DBE requirements of 49 CFR Part 23, apply to this contract. Page J2 of 21 pages ,.'1. I Rev. 5/1/90 ), (\ b. The CONSULTANT agrees to ensure that disadvantaged business enterprises, as defined in 49 CFR Part 23, have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with Federal funds provided under this contract. 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 maximum 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 performance of Federal assisted contracts. '. ~./ 3. 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 Disadvantaged Business Enterprise subcontractors, vendors or suppliers. B. Definitions The following definitions apply to this section. 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 5) percent of the stock of which is owned by one or more socially and economically disadvantaged individuals; and (b) whose management 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. 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, Asian-Pacific Americans, Asian-Indians Americans or women 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. "Cert i tied Di sadvantaged Business Enterpr i ses" means the business has completed and filed with the Indiana Department of Transportation a request for certification, and that the business has been reviewed and determined to Page 13 of 2/ pages Rev. 5/1/90 . \ . (", comply with the guidelines established in 49 CFR, Part 23. Businesses which are determined to be eligible will be certified as a Disadvantaged Business Enterprise (DBE). ,~/ I C. Subcontracts I. If the CONSULTANT intends to subcontract a portion ~f the work, . the CONSULTANT is required to take affirmative actions to seek out and .consider disadvantaged business enterprises as potential subcontractors prior to any subcontractual cornmi tment. 2. The contacts made with potential disadvantaged business enterprise subcontractors and the results thereof shall be documented and made available to the LOCAL PUBLIC AGENCY and the.FHWA when requested. 3. In those cases where the CONSULTANT originally did not intend to subcontract a portion of the work and later circumstances dictate subletting a portion of the contract work, the affirmative action contacts covered under paragraph C.] and C.2 of this Section shall be performed. 4. No subletting will be approved until the CONSULTANT demonstrates his compliance with paragraphs C.] and C.2 of this Section. The CONSULTANT shall demonstrate his compliance by submitting Form DBE-2 with each request to sublet. The CONSULTANT shall also submit documentation with the DBE-2 evidencing contacts and the results thereof made with potential disadvantaged business enterprise subcontractors for the specific work to be subcontracted. r} D. Affirmative Actions The CONSULTANT agrees to establish and conduct a program which will enable Disadvantaged Business Ent~rprises to be considered fairly as subcontractors and suppliers under this contract. In this connection the CONSULTANT shall: I. Designate a CONSULTANT'S liaison officer who will administer Disadvantaged Business Enterprise program. the 2. Ensure that known Disadvantaged Business Enterprises will have an equitable opportunity to compete subcontracts, so as to facilitate the participation of Disadvantaged Business Enterprises. for 3. Maintain records showing (I) procedures which have been adopted to comply with the policies set forth in this clause, including the establishmp.nt of a source list of Disadvantaged Business Enterprises, (2) awards to Disadvantaged Business Enterprises on the source list, and (3) specific efforts to identify identify and award contracts to Disadvantaged Business Enterprises. ("1 Page 14 of 21 pages Rev. 5/1/90 ", " 4. Cooperate with the LOCAL PUBLIC AGENCY in any studies and surveys of the CONSULTANT'S Disadvantaged Business Enterprise procedures and practices that the LOCAL PUBLIC AGENCY may from time to time conduct. r! 5, Submi t periodic reports of subcont ract ing to known Disadvantaged Business Enterprises with respect to the records referred to in Subparagraph (3) above, in such form and manner and at such times as the LOCAL PUBLIC AGENCY may prescribe. E. Leases and Rentals ]. The CONSULTANT shall notify the Indiana Department of Transportation when purchases or rental of equipment (other than leases for hauling) 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 purchase made or type of equipment rented. F. DBE Program Unless otherwise specified in this Agreement. the DBE Program developed by the LOCAL PUBLIC AGENCY and approved by the Federal Highway Administration applies to this agreement. r". ~ 18. Certification for Federal-Aid Contracts The Consultan~certifies, by signing and submitting this contract, to the best of his or her knowledge and belief, that he or she has complied with Section ]352. 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 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. the making of any Federal grant. the making of any Federal loan, the entering into of any cooperative agreement. and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant. loan, or cooperative agreement. (2) 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 F~deral 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, IfDisc10sure Form to Report Lobbying,lf in accordance with its instructions. This form is available through the Indiana Department of Transportation. "1 ,~/ Page 15 of 21 pages Rev. 5/1/90 .." I r This certification is'a material representation of fact upon which reliance was placed when this transaction was made or entered into. This certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, u.S. Code. The Consultant also agrees by submitting his or her contract that he shall require that the language of this certification be included in all tier subcontractors, which exceed $100,000 and that such subrecipients certify and disclose accordingly. Any person who fails to sign or file required certification shall be subject to a civil penalty of not less $10,000 and not more than $100,000 for each failure. 19. Supplements This Agreement may only be amended, supplemented or modified by a written document executed in the same manner as this Agreement. IN TESTIMONY WHEREOF, the parties hereto have executed this Agreement. CONSULTANT LOCAL PUBLIC AGENCY A&F NC. A~~ ;:JA ~cr't ry STEV, J. FEHRIBACH CLERK TREASURER Approved as to Legality and Form: d-~~ Attorney for CITY OF J~FFERSONVILLE 0, Page 16 of 21 pages or she lower shall this than .'. { ACKNOWLEDGMENT Rev. 4/4/91 (' "-~ I State of IND IANA SS: Before me, the undersigned Notary Public in and for said County personally appeared WILLIAM J. FEHRIBACH. PRESIDENT (name of signers, their official & STEVEN J. FEHRIBACH, SECRETARY OF A&F ENGINEERING CO., INC. capacity and firm name) and each acknowledged the execution of the foregoing contract on this ~ day of r;rl ~ ' 19C?1, and each acknowledged and stated " that he/she is the party authorized by the said firm to e~ecute the foregoing contract. Witness my hand and seal the said last named date. My Commission Expires 12/13/99 ~~NPU1 ~Dt\J;rr~d~ Notary Pubhc -- ~,-'''' 'J.J MARION County of Residence MICHELLE KELSHEIMER-HtiUBE~- Print or type name ACKNOWLEDGMENT State of Indiana, County of (!.c (lg,):J , 55: / 7/-1omllS . C~/.LIG/!N in and for said County, Before me, the undersigned personally appeared '"'I of and acknowledged the execution of the foregoing agreement on this mfiY day , 19 C;1 . Witness my hand and seal this said last named date. My Commission Expires 1/ ~f'- 79 (i" /j~C County of Residence ~c~- ~ary Public /? Ad /lL/l (---. Print or type name 1Iot-L-IS Page 17 of 2] pages Rev. 5/1/90 CERTIFICATE OF CONSULTANT (\ I hereby certify that I am the PRESIDENT and duly authorized representative of the firm of' A&F ENGINEERING CO., INC. whose address is 5172 EAST 65th ST., INDIANAPOLIS, IN 46220 and that neither I nor the above firm I hereby 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 contract. (b) agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with' carrying out the contract, or (c) paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above consultant) any fee, contribution, donation, or consideration of any kind for, or in connection with, procuring or carrying out the contract; except as here expressly stated (if any): fl I further certify that no employee, officer or agent or 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 LOCAL PUBLIC AGENCY; except as herein expressly stated (if any); I acknowledge that this certificate is to be furnished to the Indiana Department of Transportation and the Federal Highways Administration, in connection with this contract involving participation of Federal-aid highway funds, and is subject to applicable State and Federal Laws, both criminal and civil. 5'"/1/7/7) (Date) / / ~A WILLIAM J. FEHRIBACH, P.E. f Page 18 of 21 pages r, r'~ (\ Rev. 5/1/90 CERTIFICATE OF LOCAL PUBLIC AGENCY I hereby certify that (I am) (we are) the BOARD OF PUBLIC WORKS & S:AFETY of the CITY OF JEFFERSON\7II.L , and that the above Consultant or his representative has not been required, directly or indirectly as an express or implied condition in connection with obtaining or carrying out this contract 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 here expressly stated (if any): (I) (We) further certify that no employee, officer or agent or partner, or any member of their immediate families of the consultant is employed or retained either full or part-time, in any manner by the LPA except as here expressly stated (if any): I acknowledge that this certificate is to be furnished to Department of Transportation and FHWA, in connection involving participation of Federal Aid Highway Funds, applicable State and Federal laws, both criminal and Mf>...'t I ~, \'1'11 (Date) ~._... i Page 19 of 2] pages Rev. 5/1/90 r: (Form approved by the Attorney General) STATE OF INDIANA NON-COLLUSION AFFIDAVIT ) ) ) COUNTY OF l:1A RIO N The undersigned, being duly sworn on oath says, that he is the contracting party, or, that he is the representative, agent, member, or officer of the contracting party, that he has not, nor has any other member, representative, agent, or officer of the firm, company, corporation or partnership represented by him, directly or indirectly, entered into or offered to enter into any combination, collusion or agreement to receive or pay, and that he has not received or paid, any sum of money or other consideration for the execution of the annexed agreement other than that which appears upon the face of the agreement. ~1L/1 - - - ~ '-"- Subscribed and sworn to before me this cRcr d~Y of rn.'!-i . ~9 ~ 17 ',' "7, "~ YY;j)../2 h..! h fH.\ OY\WyxirU' tJtX okv.. '.... J Notary Publ1c / ',~'U MICHELLE KELSHEIMER-HUGHEB 0 .~ WILLIAM J. FEHRIBACH (Print or type name) My Commission Expires 12/13/99 r\ Page 20 of 21 pages ~. ' f ..\ DEBARMENT CERTIFICATION WILLIAM J. F~~RIBA~H (PRINTED OR TYPED NAME OF OFFICIAL) being duly sworn, certifies that except as noted below, the person associated therewith in the capacity of owner, partner, principal investor, project director, manager, auditor, or any the administration of federal funds: CONSULTANT or any director, officer, position involving I) is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency; 2) has not been suspended, debarred, voluntarily excluded or determined ineligible by any federal agency within the past 3 years; 3) does not have a proposed debarment pending; and 4) has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years. Exceptions are as follows: (: Exceptions will not necessarily result in denial of considered in determining the CONSTIT.TANT'S responsibility. noted, indicate to whom it applies, initiating agency, and Providing false information may result in criminal prosecution sanctions. //b/ /7;: /i... BY f4/'fsfc';;T.ni.F.f1/fA/ L (TITLE) WILLIAM J. FEHRIBACH PRINTED OR TYPED A&F ENGINEERING CO., INC. COMPANY award, but will be For any exception dates of action. or administrative PRESIDENT Before me, a Notary Public in and for said County and State, personally appeared WILLIAM J. FEHRIBACH, who swore to and acknowledged the truth of the statements in the foregoing certification on this d q day nf m rvf · 19qa~~j~n, ~f~~ti~)IJ:~Jp ~ My Connnission Expires 12/13/99 MARION (COUNTY OF RESIDENCE) MICHELLE KELSHEIMER-HUGHES (PRINTED OR TYPED) {'> Page 21 of 21 pages Rev. 2/12/90 APPENDIX "A" Services by CONSULTANT A. The CONSULTANT shall provide the field survey required for preparation of design plans in conformance with the requirements of the "Survey Manualt Location Surveyst Indiana State Highway Commission"t a copy of which is on file with the Indiana Department of Transportation and same is incorporated herein by reference and is made a part hereof. r The CONSULTANT shall make a design study, and prepare a Design The study and report shall be developed in For Preparing Design Study and "Indiana Public Involvement/P these documents incorporated herein by they are part hereof. The are on file with needed, in cooperation wi th the with Planning Agencies and Civic determine local feelings o insure proper coordination with estimate shall include separate amounts for and land acquisition c~sts. The CONSULTANT shall costs in the report. M,,.... f2.cl.l c1l fLlfj) Page I of 8 pages Appendix "A". Rev. 2/12/90 ~~' a Combined Location - Design Study Report. (\ The CONSULTANT shall make a location study. a design study, be developed in accordance with the "Procedur For Design Study and Location/Design and the "Indiana dated January 7, 1985. are on file with the they are part hereof. The needed, in cooperation Is, Planning Agencies feelings and to r\ J. of the 2. Environmental for the the Finding of No Sig- nificant 3. Should e necessary to document or vement the CONSULTANT shall provide in ac- r\ with the appropriate procedures and requirements. Page 2 of 8 pages Appendix "A" 0, Rev. 2/12/90 the CONSULTANT is required to provide an not the work to provide service of work. The project shall be in accordance For Preparing dated 1986 thereto. A copy of is on file with the of and is incorporated by reference and c ",." ,. "F 7ELJ E. The CONSULTANT shall prepare preliminary plans and preliminary estimates of cost, which shall be in ,accordance with the accepte~ standards for such work and in accordance with the following documents in effect at the time the plans or reports are submitted: American r\ Association of State Highway and Transportation Officials "A Policy on Geometric Design of Highways and Streets", 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, if any, and shall be completed to the point required to fulfill the requirements for a Combined Location - Design Public Hearing, no further work shall be done on the plans, unless and until specifically directed by the LOCAL PUBLIC AGENCY. Following approval of the preliminary plans and notification from the LOCAL PUBLIC AGENCY that Combined - Location Design Approval has been received, the CONSULTANT shall prepare contract plans, special provisions for the specifications, and final cost estimates for the r\ , construction of the ~igns, signals, road and bridge. For bridge Page 3 of 8 pages Appendix "A" Rev. 2/12/90 r r, r\ Page 4 of 8 pages Appendix "A" r, F. o . " Rev. 2/12/90 2. One (I) tracing reproduction marked "Plat #1" for Design Division 3. Five (5) sets of prints of R/W Plans 4. Three (3) sets of prints of the cross-section sheets 5. Right-of-way Plats 83 Prepare right-of-way plans as outlined in Part 9 of Volume II of the Road Design Manual for the Indiana Department of Transportation. The CONSULTANT shall perform all phases of work described in this Agreement necessary to accomplish the complete design of the project on the basis of an Interstate and/or ABC Highway to be constructed in conformity with the policies and standa~ds set forth in Volume 6, Chapter 2, Section I, Subsection I, of the Federal-Aid Highway Program Manual and any subsequent revision thereof, and in conformity with- the standards adopted by the American Association of State Highway and Transportation Officials and approved by the Secretary of Transportation. The CONSULTANT shall make or caus~ to be made a complete roadway geotechnical investigation in accordance with "Requirements for Geotechnical Investigations" dated November 1984. A copy of the document is on file with the Indiana Department of Transportation and same is inc~rporated herein by reference and is made a part hereof. For bridge structures the CONSULTANT shall make or cause to be made the necessary borings and sub-surface explorations and the analysis thereof in accordance with "General Instructions for Bridge Structure Investigations", dated June 1984, a copy of which is on file with the Indiana Department of Transportation and the document Page 5 of 8 pages Appendix "A" Rev. 2/ 12/90 is incorporated herein py reference and. is made a part hereof. Prior (\ to making the borings, the CONSULTANT shall submit boring specifications and boring locations and sketches for each structure for approval of the LOCAL PUBIC AGENCY. Borings shall extend sufficiently in depth to obtain characteristic data for the proper design of the foundation. The Consultant shall backfill bore hole or cause to be backfilled in accordance with "Aquifer Protection :: . Guidelines" dated December 9, 1987. A copy of the document is .on file with the Indiana Department of Transportation, Division . of Materials and Tests, Geotechnical section. G. The CONSULTANT shall make or cause to be. made a complete pavement investigation in accordance with "Requirements for Pavement Investigatio~" dated 26 February 1985. A copy of the document is on file with the r. Indiana Department of Transportation and it is incorporated herein by reference and is made a part hereof. '..' H. Upon completion and final Appro!al of the work by the LOCAL PUBLIC AGENCY, the CONSULTANT shall deliver to the LOCAL PUBLIC AGENCY the following, which shall become the ~operty of the LOCAL PUBLIC AGENCY: For Road Plans: Set of final approved tracings of the contract plans drawn to a suitable scale on standard 36" x 23" sheets prepared with the following process: Ink on approved ink medium for all sheets, except cross-sections for computing earthwork quantities. The cross-sections shall be on approved cross-section paper, in ink. Set (original) of all survey field notes (Transit & Level Page 6 of 8 pages Appendix "A" Rev. 2/12/90 f" Notes, section plats,. and sub-division plats for all surveys the CONSULTANT has performed on the project. The field notes are to be in approved Engineer Field Books. For Bridge Plans: Set of final approved tracings of the contract plan~ drawn to a suitable scale on standard 36" x 23" sheets prepared with the following process: Ink on approved ink medium for the Title Sheet, and Summary sheet. All other sheets, except cross- sections for computing earthwork quanities, to be pencil on approved pencil medium. The cross-sections for computing earthwork quantities shall be on approved cross-section paper, in ink. For Both Road and Bridge Plans: Set of Special Provisions for the Specifications - Copy of the construction cost estimate - Copy of all design computations, Indexed, Paged and Bound If an electronic computer is used in making his computations, toe CONSULTANT shall furnish the following basic information : I. Type of Computer 2. Name of Program a. If library program is used, furnish code. title and write-u'p , . of the program b. If program is developed by the CONSULTANT, give a detailed write-up (including the name of the method of mathematical and - structural analysis) 3. All listed output data should be titled and described r\ Page 7 of 8 pages Appendix "A" . , . Rev. 2/12/90 4 . Decimal points,in fixed point system should be properly placed. r\ The CONSULTANT shall deliver to the LOCAL PUBLIC AGENCY the following documents: Items Draft Copies For Review 5 Completed Copies lEI rnm~~"~~ T^~~~~o n 6 ~ n ______ww h____:_R -86i88 t~~y ~c~eyt Exhibits for Combined - Design Public Hearing E)eCttfBCnt4t:':'Ol& u[ NaL~VUCll L~~l v[ C3tegeri~al Exclu~~u~. , , it:.l'nirsRIReatal A33~.!.!meut 3 I ~ IV ,U Additional general data shall be issued at the mutual agreement of the CONSULTANT and the LOCAL PUBLIC AGENCY. I. In fulfillment of this Agreement the ~ONSULTANT shall comply with the requirements of the appropriate regulations and requirements of the Indiana Department of Transpor~ation and Federal Highway Administration. T'-.CONSULTANT SHALL PREPARE A TRAFFIC SIGNAL WARRANT ANALYSIS FOR THE INTER- ~_JrION OF COURT AVENUE & U.S. 31. 1. COLLECT CURRENT TRAFFIC VOLUME DATA FOR ALL ROADWAYS. 2. ESTIMATE FUTURE TRAFFIC VOLUMES FOR TSE AREA. 3. PREPARE A TRAFFIC SIGNAL WARRANT ANALYSIS FOR THE INTERSECTION OF COURT AVENUE AND U.S. 31/MISSOURI AVENUE. COMPLETED WITHIN 60 DAYS AFTER NOTICE TO PROCEED. THE CONSULTANT SHALL PREPARE AN INTERS{CTION CAPACITY ANALYSIS. 1. PREPARE AN INTERSECTION CAPACITY ANALYSIS FOR THE INTERSECTION OF COURT AVENUE AND U.S. 3l/MISSOURI AVENUE. THIS ANALYSIS WILL INCLUDE ANY PROPOSED CHANGES IN TRAFFIC PATTERNS TO INSURE THAT TRAFFIC ON U.S. 31 WILL NOTEXPERIENCE LONG DELAYS. (\ Page 8 of 8 pages Appendix "A" {\ ~ f ~\ I " Rev. 1/8/96 APPENDIX "B" Information and Services to be furnished by LOCAL PUBLIC AGENCY. The LOCAL PUBLIC AGENCY shall furnish the CONSULTANT wi th the following: 1. Transcript of any Public Hearing to be held by the LOCAL PUBLIC AGENCY. 2 . Criteria for design and details for signs, signals, highway and structures such as grades, curves, si te distances, clearance, design loading, etc. 3. Specifications and standard drawings applicable to the project. 4. All written views pertinent to the location and environmental studies that are recei ved by the LOCAL PUBLIC AGENCY. 5. Relocation and land acquisition costs. 6. Traffic assignments. 7. Utility plans availabl.e to the LOCAL PUBLIC AGENCY covering utility facili€ies governing the location of signals and underground conduits throughout the affected areas. 8. Guarantee access to enter upon public and private lands as required for the CONSULTANT to perform work under this Agreement. Page 1 of 1 page APPENDIX "BIf "': Rev. 2/12/90 APPENDIX "c" Schedule All work by the Consultant under this agreement shall be completed and delivered to the LOCAL PUBLIC AGENCY no later than 470 calendar days after the notification to proceed from the LOCAL PUBLIC AGENCY, exclusive of LOCAL PUBLIC AGENCY'S review time. For the purpose of contract control the work will be submitted by the CONSULTANT to the LOCAL PUBLIC AGENCY for review and approval within the following approximate time periods: A. Field Survey I. Field Books for Preliminary Review within ~ calendar days after receipt of notice to proceed with the field survey 2. Final within 20 calendar days after receipt from the LOCAL PUBLIC AGENCY of co~ents following the preliminary review B. DESIGN ANALYSIS I. Preliminary Draft at the time of submission of Preliminary Field Check Plans 2. Draft at the time of submission of Combined Location - Design Hearing Plans 3. Final Draft at time of request for Combined Location - Design approval C. Environmental Services n/A I. Documentation of National List of Categorical Exclusions a. Initial submittal of documentation within days of notice to proceed from the LOCAL PUBLIC AGENCY. (If early coordination is provided to CONSULTANT by the LOCAL PUBLIC AGENCY the initial submittal of documentation will be Page I of 7 pages Appendix "c" Rev. 2/12/90 o submitted within 60 days of notice to proceed from the LOCAL PUBLIC AGENCY.) b. Revised documentation within calendar days after rece~pt of comments from the LOCAL PUBLIC AGENCY on the initial submittal. c. Any necessary revisions within calendar days after receipt of Federal Highway Administration comments on the documentation. d. Furnish copies of the approved documentation within calendar days after receipt of Federal Highway Administration concurrence on the documentation. 2. Environmental Assessment N/A a. Preliminary submittal of the Environmental Assessment within days of notice to proceed by the LOCAL r\ PUBLIC AGENCY. b. Revised Environmental Assessment within . calendar days after receipt of comments from the LOCAL PUBLIC AGENCY on the preliminary submittal of the Environmental Assessment. c. Any necessary revisions within calendar days after receipt of Federal Highway Administration comments on the Environmental Assessment. d. Furnish copies of the approved Environmental Assessment within calendar days after receipt of Federal Highway Concurrence in the Environmental Assessment. e. Furnish information necessary to prepare FONSI within calendar days after receipt from the LOCAL PUBLIC AGENCY of comments of the Environmental Assessment Page 2 of 7 pages Appendix "c" (\ ~ f .. r\ Rev. 2/12/90 and/or transcript o~ the Public Hearings or summary Qf a public information meeting. 3. Full Environmental Impact Statement N/A a. Preliminary Draft EIS within calendar days after notice to proceed from the LOCAL PUBLIC AGENCY. b. Draft EIS within calendar days after receipt of comments from the LOCAL PUBLIC AGENCY on the preliminary Draft EIS. c. Revised Draft EIS within calendar days after receipt of Federal Highway Administration comments of the Draft EIS. d. Furnish required copies of the approved Draft EIS within 14 calendar days after receipt of the Federal Highway Administration's adoption of the Draft EIS for circulation. e. Furnish preliminary Final EIS within calendar days after receipt of all comments on the Draft EIS and receipt of the transcript of the public hearing. f. Revised Final EIS within calendar days ~fter receipt of either LOCAL PUBLIC AGENCY of Federal Highway Administration comments on the Final EIS. g. Furnish required copies of the Final EIS for legal sufficiency review. etc.. within calendar days of notice from the LOCAL PUBLIC AGENCY. h. Furnish required copies of the Final EIS. after Federal Highway Administration Region Approval. within calendar days of notice from the LOCAL PUBLIC AGENCY. D. Roadway Design and Right-of-Way Plans J . Preliminary Plan Details within 30 calendar days after receipt from the LOCAL PUBLIC AGENCY of notice to proceed Page 3 of 7 pages Appendix "c" ~. f . --.. ~ . I o Rev. 2/J2/90 with design 2. Grade Review within 60 calendar days after receipt from the LOCAL PUBLIC AGENCY notice to proceed with design 3~. Preliminary Field Check Plans within 120 calendar days after receipt from the LOCAL PUBLIC AGENCY of approval of the Grade Review Plans 4. Combined Location - Design Hearing Plans within 90 - calendar days after receipt from the LOCAL PUBLIC AGENCY of approval of the Preliminary Field Check Plans * 5. Drainage Design complete within calendar days after notification from the LOCAL PUBLIC AGENCY that location - design approval has been received 6. Right-of-way check prints within 60 calendar days after notification from the LOCAL PUBLIC AGENCY that location - design approval has been received * 7. Grade and Earthwork finalized within 60 calendar days after notification from the LOCAL PUBLIC AGENCY that location - design approvcrl~ has been received 8. Final Field Check Plans within 60 calendar days after notification from the LOCAL PUBLIC AGENCY that location - design approval has been received. 9. Right-of-Way Tracings within 60 calendar days after approval of Right-of-Way check prints and Final Field Check Plans 10. Final Contract Plans for Preliminary Review within 30 calendar days after approval of Final Field Check Plans. 11. Final Tracings with Cost Estimates and Special provisions within 30 calendar days after receipt from the LOCAL PUBLIC Page 4 of 7 pages Appendix "C" r--- r, r r Rev. 2/12/90 E. AGENCY of approval of prelimin~ry review of final plans. Bridge Design N/A I. .Prel iminary Plan Details within _ calendar days after receipt from the LOCAL PUBLIC AGENCY of notice to proceed wi th design 2. Grade Review and Structure Type Selection within ____ calendar days after receipt from the LOCAL PUBLIC AGENCY of notice to proceed with design 3. Structure Size and Type Plans within _ calendar days after. receipt from the LOCAL PUBLIC AGENCY of approval of Grade Review and Structure Type Selection 4. Field Check Plans within calendar days after receipt from the LOCAL PUBLIC AGENCY of approval of Structure Size and Type Plans * Plans for Combined - Location Design Hearing within calendar days after receipt from the LOCAL PUBLIC AGENCY of approval of the Field Check Plans Preliminary Plans for final apptoval within calendar days after notification from the LOCAL PUBLIC AGENCY that Combined - Location Design Hearing approval has been received Superstructure Plans within calendar days after receipt from the LOCAL PUBLIC AGENCY of approval of Preliminary Plans. Substructure Plans within ____ calendar days after receipt from the LOCAL PUBLIC AGENCY of approval of Preliminary Plans. 9. Final Contract Plans for Preliminary Review within ____ 5. 6. 7. 1\ 8. calendar days after receipt from the LOCAL PUBLIC AGENCY of approval of Preliminary Plans. Page 5 of 7 pages Appendix "c" ,-- Rev. 2/12/90 '\ 10. Final Tracings wit~ Cost Estim~tes and Special Provisions r, within ____ calendar days after receipt from the LOCAL PUBLIC AGENCY of approval of preliminary Plans. F. Bridge "Design and Right-of-Way Plans NIA I. Preliminary Plans Details within calendar days after receipt from the LOCAL PUBLIC AGENCY of notice to proceed with design. 2. Grade Review and Structure Type Selection within calendar days after receipt from the LOCAL PUBLIC AGENCY. of notice to proceed with design. J. Structure Size and Type Plans within calendar days -- after receipt from the LOCAL PUBLIC AGENCY of approval of Grade Review and Structure Type Selection. 4. Field Check Plans within calendar days after receipt f' from the LOCAL PUBLIC AGENCY of approval of the Structure Size and Type Plans. 5. Plan for Combined - Location Design Hearing and Right-of-Way check prints withi~ ____ calen~ar days after receipt from the LOCAL PUBLIC AGENCY of approval of the Field Check Plans. 6. Preliminary Plans for final approval within calendar days after notification from the LOCAL PUBLIC AGENCY that Combined - Location Design Hearing approval has been received. 7. Final Right-of-Way Tracing within ____ calendar days after receipt from the LOCAL PUBLIC AGENCY of approval of Preliminary Plans and including RIW check print approval. * 8. Superstructure Plans within calendar days after receipt {\ from the LOCAL PUBLIC AGENCY of approval of Preliminary Plans Page 6 of 7 pages Appendix "c" r\ r\ ('. \ Rev. 2/12/90 . * Substruct~re Plans -within calendar days after receipt from the LOCAL PUBLIC AGENCY of approval of Preliminary Plans 10. Final Contract Plans for Preliminary Review within ____ calendar days after receipt from the LOCAL PUBLIC AGENCY of 9. approval of Preliminary Plans II. Final Tracings with Cost Estimates and Special provisions within ____ calendar days after receipt from the LOCAL PUBLIC AGENCY of approval of preliminary review of final plans G. Soils Investigation and Reports No later than the time set out above for submission of preliminary plans for final approval. Asterisk (*) indicates submission to LOCAL PUBLIC AGENCY not NOTE: required. The schedule set out herein are for each structure. The work on a structu~e does not need to run concurrently with any other structure included in this agreement. Page 7 of 7 pages Appendix "e" r\ F", t r Rev. 4/24/90 ~ .~ APPENDIX "D" Compensation A. Amount of Payment 1. The CONSULTANT shall receive, as payment for the work performed under this Agreement, the total fee not to exceed $93.870.00, unless a modification of the Agreement is approved in writing by the LOCAL PUBLIC AGENCY and the Indiana Department of Transportation. 2. The CONSULTANT will be paid for the work performed under this Agreement, excluding the geotechnical services and pavement investigation services, on a lump sum basis in accordance with the following schedule: a. Survey $7.085.00 b. Traffic Signal Warrant Analysis 3.145.00 c. Intersection Capacity Analysis 6.200.00 d. Traffic Signal Design 2 Each 8.050.00 e. Cantilever Structure Design 6 Each @ $690.00 Each 4.140.00 f. Road Design & Plans (including R/W Plans) 64.500.00 g. Geotechnical services will be negotiated when needed. A supplemental agreement will be provided. h. Pre-Construction Conference 750.00 Page 1 of 2 pages Appendix "D" Rev. 4/24/90 . B. Method of Payment < ".'" 1. The CONSULTANT may submit a maximum of one invoice voucher per calendar month for work covered under this Agreement. The invoice voucher shall be r submitted to the LOCAL PUBLIC AGENCY. The invoice voucher shall represent the value, to the LOCAL PUBLIC AGENCY, of the partially completed work as of the date of the invoice voucher. The CONSULTANT shall attach thereto a summary of each pay item in Section A2 of this Appendix, percentage completed and prior payments. 2. The LOCAL PUBLIC AGENCY, for and in consideration of the rendering of the engineering services provided for in Section B, Section C, Section D, Section E, Section F and Section H of Appendix "A", agrees to pay to the Consultant for rendering such services the fees established above in the following manner: a. For completed work, and upon receipt of invoices from the r\ CONSULTANT and the approval thereof by the LOCAL PUBLIC AGENCY, payments covering the work performed shall be due and payable to the CONSULTANT. From the partial payment thus computed, there shall be deducted all previous partial fee payments made to the CONSULTANT. 3. The LOCAL PUBLIC AGENCY for and in consideration of the rendering of the engineering services provided for in Section A and Section G of Appendix "A", agrees to pay the CONSULT ANT for rendering such services the fee established above upon completion of the work thereJ,lnder aI1<:i acceptance thereof by the LOCAL PUBLIC AGENCY. t\ ."..J 4. 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 in accordance with item 12 (change in work) of the General Provisions set out in the Agreement. ~ ~. Page 2 of 2 pages Appendix "D"