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HomeMy WebLinkAboutContract Beam Longest, & Neff ) ;\ -I INDIANA DEl? ARTMENT OF TRANSPORTATION .." ,w.o. "r.__'.u...........'..........,.,...___. 'I PROGRAM DEVELOPMENT I1IVISION-LOCAL tRANSPORT A nON SECTION 100 North Senate Avenue IGCN, Room N601 Indianapolis, Indiana 46204-2228 (317) 232-5319 FAX: (317) 233-4929 ,~ FRANK 0 'BANNON, Governor CRISTINE M. KLIKA. Commissioner Writer's Direct Line Octoper 9, 2001 (317)232-5311 The Honorable Thomas R. Galligan, Mayor 501 E. Court Avenue Jeffersonville, Indiana 47130 RE: CITY OF JEFFERSONVILLE - BEAM, LONGEST & NEFF, INC. Project No. CM-9910(20) Dated: August 27,2001 Right-of-way Services Dear Mayor Galligan: ~ Enclosed are two (2) original executed agreements between the Lo(;a,lpy.p!tcb-gency and the above referenced Consultant providing for the furnishing of right-of-way services in connection with the subject project. One original agreement is for your file, the other should be transmitted to the Consultant. " You were given verbal authorization th.8,t you may authorize the Consultant to proceed with the work as set out in the agreement by Bruno Canzian on 10-8-01. Please send us a copy of your notice to proceed. Sinc ely yours, /? . runo F. Canzi:n. W Local Transportation Section Division of Program Development For: J. Bryan Nicol Commissioner BFC/MLB/mb Enclosures (2) * Agreement CC: Beam, Longest & Neff, Inc. *Mr. Williams *Ms. Lee *File/Mr. Dilk Printed on Recycled Paper . An Equal Opportunity Employer . http://www.state.in.us/dot! " ',~ ~ 1 Revised 2/11/98 (\, ! ....----/ i AGREEMENT TillS AGREEMENT is made and entered i~ ~ .;\7 , 201> I , by and between Jeffersonville. Indiana , acting by and through its proper officials, hereinafter referred to as the LOCAL PUBLIC AGENCY or LPA, and Beam Longest and Neff. ~.L.c. (hereinafter referred to as the "CONSULTANT"). WITNESSETH WHEREAS, the LPA desires to contract fot professional services required in the Right-of-Way Services for the construction of a new park and ride lot located at Exit 1, 1-65 in Jeffersonville, Indiana; and, WHEREAS, the CONSULTANT has expressed a willingness to provide the professional services as required; and, WHEREAS, the parties have agreed that the CONSULTANT shall provide the services and documents described herein, in relation to the following described project(s): ,r'\ ! ',--. Jeffersonville Park and Ride Construction of a new park and ride lot located at Exit 1,1-65 in Jeffersonville, Indiana, Project No. CM-9910 ~), Des. No. 0012600 NOW, THEREFORE, in consideration qf the following mutual covenants, the parties hereto mutually covenant and agre.e as follows: SECTION I SERVICES BY CONSULTANT ! The services to be provided by the CONSULT ANT 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 TO BE FURNISHED BY LPA The information and services to be fumis4ed by the LOCAL PUBLIC AGENCY are as set out in Page 1 of 22 (Ii J '1 f . Revised 2/11/98 r Appendix "B", attached to this Agreement, and made an integral part hereof. r' 0,i 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 schydule 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 COMPENSA nON The CONSULTANT shall receive payment for the work performed under this Agreement as set forth in Appendix "0", 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 1. Work Office The CONSULTANT shall perform the work under this Agreement at the following office(s): 8126 Castleton Road Indianapolis, Indiana 46250 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. Emplovrnent During the period of this Agreement, the CONSULTANT shall not engage, on a full or part time or other basis, any LPA personnel who remain in, the employ of the LOCAL PUBLIC AGENCY. Page 2 of 22 ). Revised 2111/98 {' i 3. Covenant Against Contingent 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 ithas not paid or agreed to pay any compa~y or person, other than a bona fide employee working solely for the CONSULTANT, any fee, commission, percentage, brokerage fee, gift, 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 shan 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. 4. Subletting and Assignment The CONSULTANT and its subcontra~tors, if any, shall not assign, sublet, subcontract, or otherwise r'.' \ I dispose of the whole or any part of the work under this Agreement without prior written consent of the LP A I and the Indiana Department of Transportation' ("INDOT'). Consent for such assignment shall not relieve the CONSULTANT of any of its duties or responsibilities hereunder. 5. Ownership of Documents All documents, including tracings, drawings, reports, estimates, specifications, field notes, investigations, studies, etc. (lithe documents "), as instruments of service, shall remain the property of the LP A. Neither the LOCAL PUBLIC AGENCY, nor arty person, firm or corporation acting on behalf of the LOCAL PUBLIC AGENCY, shall use the documents, or copies of the documents, for any work or project other than the work or project for which the CONSULTANT prepared the documents. The CONSULTANT shall have no liability for personal injury, death, property damage or economic loss, of whatever kind or character, arising out of, or relating to, the use by LOCAL PUBLIC AGENCY or any person, firm or corporation acting on behalf of LOCAL PUBLIC AGENCY, of the documents, or copies of the documents, for any work or project other than the work or project for which the CbNSUL T ANT prepared the documents. Page 3 of 22 h t Revised 2/11/98 f' The LOCAL PUBLIC AGENCY may 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 of final payment under the terms / of this Agreement, the CONSULTANT and its ~ubcontractors shall maintain all books, documents, papers, accounting records and other evidence pertaining to the cost incurred and shall make such materials available at their respective offices at all reasonable time~ for inspection or audit by the LOCAL PUBLIC AGENCY, INOOT, the Federal Highway Administration (('FHW A"), or other authorized representatives of the federal government, and copies thereof shall be furnis:hed if requested. 7. Audit Working Papers and Conclusiorys The CONSULTANT agrees that, upon request by any agency participating in federally-assisted ~ (1- , programs with whom the CONSULTANT has 90ntracted or seeks to contract, the LP A, INDOT, FHW A, or I other authorized representatives of the federal government may release or make available to the agency any working papers from an audit performed by such agency of the CONSULTANT and its subcontractors in connection with this Agreement, including any books, documents, papers, accounting records and other documentation which support or form the basi!s for the audit conclusions and judgments. 8. Compliance with State and Othe~ Laws The CONSULTANT agrees to comply with all federal, state and local laws, rules, regulations, or ordinances, that are applicable at the time the CONSULTANT's 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 CONSULTANT A. The CONSULTANT shall be responsible for the professional quality, technical accuracy, and the coordination of all designs, drawings, specifications and other services furnished by the CONSULTANT under this l:;ontract. 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 negligenc~ of the CONSULTANT. The CONSULTANT shall not be (""""ii Page 4 of 22 f\ r\ r\ ~ , j Revised 2/1 1/98 / responsible for errors, omissions or deficiencies in the de-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. The CONSULTANT shall have no liability for errors or deficiencies in its designs, drawings, specifications and other services that were caused, or contributed to, by errors or deficiencies (unless such errors, omissions or deficiencies were known or should have been known by the CONSUL T ANT) in the designs, drawings, specifications and other services furnished by the LOCAL PUBLIC AGENCY, INDOT, or other consultants retained by the LOCAL PUBLIC AGENCY. B. Neither the LOCAL PUBLIC AGENCY's review, approval or acceptance of, nor payment for, the services required under this contract shall be construed to operate as a waiver of any rights under this contract or of any cause of action arising out of the performance of this contract, and the CONSULTANT shall be and remain liable to the LOCAL PUBLIC AGENCY in accordance with applicable law for all damages to the LOCAL PUBLIC AGENCY caused by the CONSULTANT's negligent performance of any of the services furnished under this contract. c. The CONSULTANT shall be responsible for all damage to life and property caused by errors or omissions of the CONSULTANT, its subcontractors, agents, or employees in connection with the services rendered by the CONSULT ANT pursuant to this contract. The CONSULTANT shall indemnify, defend, and hold harmless the LOCAL PUBLIC AGENCY, INDOT and the State ofIndiana, their officials and employees, from any liability due to loss, damage, injuries, or other casualties of whatever kind, which, directly and independently of all other causes, arise out of, or result from, the negligence of the CONSULTANT, its agents or employees, in performing the services that are required of the CONSULT ANT by this contract. D. The CONSULTANT 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 means, 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 CONSULTANT shall have no responsibility for the safety of persons on or off the job 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 contract are in addition to any other rights and remedies provided by law. F. 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 of 22 ~ / ,0 Revised 2/11/98 (" 10. Status of Claims The CONSULTANT shall be responsible for keeping the LOCAL PUBLIC AGENCY and INDOT currently advised as to the status of any claims made for damages against the CONSULT ANT resulting from servic~s performed under this Agreement. The CONSUL T ANT shall send notice of claims related to work under this Agreement to Chief Counsel, Indiana Department of Transportation, 100 North Senate Avenue, Room N730, Indianapolis, IN 46204-2249. 11. Workman's Compensation and Liability Insurance The CONSULTANT shall procure and maintain insurance covering 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 LP A for the services covered in this Agreement. The CONSULTANT shall not be given notice to proceed until it has furnished certificates in a form satisfactory to the LPA, showing compliance with this section. During the life of this Agreement, the CONSULTANT shall provide the LP A with certificates showing that the required insurance has been maintained, at the request of the LP A. The certificates shall provide that the policies shall not be changed or canceled without ten (10) days prior written notice to the LPA. If such notice is given, the LPA, at its sole option, may terminate this Agreement. In 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. This Agreement shall be void and of no effect 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' protective coverage with a save and hold harmless endorsement for the types herein specified each with limits of$I,OOO,OOO.OO per occurrence for bodily injury or property damage with a $2,000,000.00 annual aggregate. Such policies shall have no deductibles or self-insured retentions. r, C. Automobile policies for bodily injury and property damage liability insurance for the types herein specified with limits of$I,OOO,OOO.OO per person and $3,000,000.00 per accident and Page 6 of22 . I . I Revised 2/11/98 (' $1,000,000.00 for property damage, including hired and non-owned vehicles. Such policies shall have no deductibles or self-insured retentions. 12. Progress Reports The CONSULTANT shall submit a progress report to the LP A on or before the tenth (10th) day 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. 13. Changes in Work In the event the LPA requires a material 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 #' CONSULT ANT and in time for perfonnance of the work as modified shall be detennined by the LP A, subject to the CONSULTANTs approval. The CONSULTANT shall not commence the additional work or the change of the scope of the work until a supplemental contract is executed and the CONSULT ANT has ,0 received written authorization from the LP A and INDOT to proceed with the work. 14. Delays and Extensions The CONSULTANT agrees that no charges or claim for damages shall be made by it for any minor delays from any cause whatsoever during the progress of any portion of the services specified in this Agreement. Any such delays shall be compensated for by an extension of time for such period as may be detennined by the LP A, subject to the CONSULTANTs 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 LP A of any of its rights herein. 15. Abandonment and Tennination The LOCAL PUBLIC AGENCY reserves the right to terminate or suspend this Agreement upon thirty (30) days written notice. r' Page 7 of 22 'I , , . (', A. / f: Revised 2/11/98 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. which shall become the property of the LP A. The earned value of the work performed shall be based upon an estimate of the portion of the total services that have been rendered by the CONSULT ANT 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 sum 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 performed 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 Part 31. The 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 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 time specified, or within such further 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 twenty (20) calendar days from the date of such notice, 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 PUBLIC AGENCY may by any method it deems to be necessary designate and employ other consultants, by contract 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 paragraph, then 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) 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 reason thereof. 16. Non-Discrimination r,: A. Pursuant to I.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 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, disability, national origin or ancestry. Breach of this covenant may be regarded as a material breach of this Agreement. B. The CONSULTANT, and any agent of the CONSULTANT, in the performance of the work under this Agreement, shall comply with 42 U.S.C. g2000e, provided the CONSULTANT has fifteen or more employees for each working day in each of twenty or more calendar Page 8 of 22 . I . I J f", Revised 2/11198 weeks in the current or preceding calendar year. 42 U.S.C. s2000e states in part that it shall be unlawful for the CONSULTANT to: 1. --- fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to compensation, terms, conditions, or privileges of employment, because of such individual's race, color, religion, sex, or national origin; or 2. 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 affect any individual's status as an employee, because of such individual's race, color, religion, sex or national origin. The CONSULTANT shall comply with 42 U.S.C. s2000e, the terms of which are incorporated by reference and made a part of this Agreement. Breach of this covenant may be regarded as a material breach of the Agreement. C. The 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. Department of Transportation. Title 49, Code of Federal Regulations, Part 21, effectuates 42 U.S.C. s2000e above, and is incorporated by reference and made a part of this Agreement. Pursuant to 49 CFR Part 21, the CONSULTANT agrees as follows: (\ (\ 1. Nondiscrimination: The CONSULTANT, with regard to the work performed by it after award and prior to completion of the contract work, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurement 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 contract covers a program set forth in Appendix "A" of the regulations. 2. Solicitations for Subcontracts. Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the CONSULTANT for work to be performed under a subcontract, including procurements of materials or 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. 3. 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 Page 9 of 22 . I . . I r\ 4. / Revised 2/11/98 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. 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 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 federal financial assistance or by any other means authorized by law. 5. Incorporation of Provisions: The CONSULTANT will include the provisions of paragraphs (1) through (5) 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 Administration 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, litigation with a subcontractor or supplier as a result of such direction, 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. d! 17. Successors and Assignees 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 transfer its interest in this Agreement without the prior written consent of the other. 18. Disadvantaged Business Enterprise Program A. General r\ 1. 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 breach of contract and, after notification, may result in termination of the contract 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 CONSULTANT and any subcontractor: Page 10 of22 r r ~.. l . / Revised 2/1 1/98 (a) It is the policy of the Indiana Department of Transportation that disadvantaged 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 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 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 maximum opportunity to compete for and perform contracts. The CONSULTANT shall not discriminate on the basis ofrace, color, national origin, or sex in the award and performance of federally assisted contracts. 2. 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 1. "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 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, except that a small business concern shall not include any concern or group of concerns controlled by the same socially and economically disadvantaged individual or individuals which has annual average gross receipts in excess of $2.5 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, Page 11 of22 . . . I Revised 2/11/98 r\ Asian-Pacific Americans, 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 Department of Transportation 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 certified as a disadvantaged business enterprise (DBE). --- C. Subcontracts 1. If the CONSULTANT intends to subcontract a portion of the work, the CONSULTANT is required to take affirmative actions to seek out and consider DBEs as potential subcontractors prior to any subcontractual commitment. 2. The contacts made with potential DBE subcontractors and the results thereof shall be documented and made available to the LOCAL PUBLIC AGENCY and the Federal Highway Administration (FHW A) when requested. 3. A request to sublet a portion of the work to a firm that is not a DBE shall include Form DBE-2 and documentation evidencing contacts and the results thereof made with potential DBEsfor the specific work to be subcontracted, in compliance with C.t and Co2. (" 4. If a portion of the work under this Agreement is subcontracted to a DBE firm, then upon completion of the project, a Disadvantaged Business Enterprise Utilization Affidavit, Fonn DBE-3, shall be completed by the CONSULTANT and returned to the LOCAL PUBLIC AGENCY. The contractor and the subcontractor/ lessor/supplier shall certify on the DBE-3 form that specific amounts have been paid and received. D. Affirmative Actions The CONSULTANT shall, as a minimum, develop an affirmative action plan for a Disadvantaged Business Enterprise Program which includes: 1. Appointment of a representative with authority to administer the CONSULT ANT s Disadvantaged Business Enterprise Program. 2. 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 DBEs. This list shall include but not be limited to: f' (a) the name of each subcontractor or supplier and a notation as to their DBE Page 12 of 22 , , , ' . Revised 2/11/98 (, certification status; and (b) the potential type of work or services to be performed by each subcontractor or supplier. E. Records and Reports / 1. The CONSULTANT shall keep such records as are necessary to determine compliance with this contract. The records kept by the CONSULTANT 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 efforts made in seeking out disadvantaged contractor organizations and individual disadvantaged contractors for work on this project; (c) documentation of all correspondence, contacts, telephone calls, etc., to obtain the services of DBEs on this Agreement. 2. The CONSULTANT shall submit reports, as required by the LOCAL PUBLIC AGENCY, of those contracts and other business agreements executed with DBEs with respect to the records referred to in paragraph E.!. f' 3. All such records must be maintained for a period of three years 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 LOCAL 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 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. 19. Supplements {\ This Agreement may only be amended, supplemented or modified by a written document executed in the same manner as this Agreement. Page 13 of22 << Revised 2/11/98 (', 20. Pollution Control Requirements If this Agreement is for $100,000 or more, the CONSULTANT: A. stipulates that any facility to be utilized in perfonnance under or to benefit from this Agreement is not listed on the Environmental Protection Agency (EPA) List of Violating Facilities issued pursuant to the requirements of the Clean Air Act, as amended, and the Federal Water Pollution Control Act, as amended; /' 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 guidelines issued thereunder; and C. stipulates that, as a condition of federal-aid pursuant to this Agreement, it shall notify the LPA and the Federal Highway Administration of the receipt of any advice indicating that a facility to be utilized in perfonnance under or to benefit from this Agreement is under consideration to be listed on the EPA Listing of Violating Facilities. 20. Governing Laws This Agreement shall be construed in accordance with and governed by the laws of the State of r: Indiana and suit, if any, must be brought in the State ofIndiana. 21. Independent Contractor The parties hereto, in the perfonnance of this Ag~eement, will be acting in an individual capacity and not as agents, employees, partners, joint ventures or associates of one another. The employees or agents of one party shall not be deemed or construed to be employees or agents of the other party for any purpose whatsoever. 22. Certification for Federal-Aid 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, r\ Page 14 of22 r, t r .r'. , . . Revised 2/11/98 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. B. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. This form is available through the Indiana Department of Transportation. / 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 31 U.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 $100,000, 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 $10,000 and not more than $100,000 for each failure. Page 15 of22 r r\ r Revised 2/11198 IN TESTIMONY WHEREOF, the parties hereto have executed this Agreement. CONSULTANT :.7~~ James B. Longest. President (Print or type name and title) ATTEST: ~ c-fZl Signature ~P\~"," C Re~ L c.. (Print or type name and title) x<i?~ t~ ~ Signature t~t:71"'- L. !"LLO( . IrE:rlttJ,;/L (Print or type name and title) , l{j)~?4~ Signature . JJ eJfItI'I ~ I9JoIrz. . 1'7 0'1 t1 OL (Print or type name and title)' Signature (Print or type name and title) ATTEST: ~S' f;ture El./J.'1 h~l..b~. C I..~/.(.. 7i?51'#J ,;~ae..... (Print or type name and title) Page 16 of22 . , r, Revised 2/11/98 ACKNOWLEDGEMENT STATE OF INDIANA ), COUNTY OF MARION ) SS: Before me, the undersigned Notary Public in and for said County personally appeared James B. Longest. President. Beam. Longest and Neff. L.L.C (name of signers, their official capacity and agency name) 4.A- J~L- and each acknowledged the execution of the foregoing contract on this ./ / day of - - :::J . 20 () I, and each acknowledged and stated that he/she is the party authorized by the said agency to execute the foregoing contract. My Commission Expires April 27. 2008 ~~ Notary Public Scott E. Reske Print or type name Madison County of Residence STATE OF P b//4,J1I ACKNOWLEDGEMENT ), COUNTY OF C /...At/L ) SS: Before me, the undersigned Notary Public in and for said County personally appeared 1;;/!YI.I R. CAJ./-It:rN, Miu, j',4GRr 1. ~IU~ f-"' l>G1IlN'f ~, 1ln,4;il'J 6 F fJltJ, ~p '.o~ I aJ I I (name of signers, their official capacity and agency n9llle) f crF~J."'II/4.L. If h-u-, WILJJG1l., C L.rrtlj{... 7RUVIJAa.. I IF THO' e ,.rl IF and each acknowledged the execution of the foregoing contract on this /Y7 day of AtJ&lIfr .20#, and each acknowledged and stated that he/she is the party authorized by the said agency to execute the foregoing contract. My Commission Expires ~A/ J0(J/Jo1 r1rJAl County of Residence ~/~ rktary Public k (: fHMf)J./ '- . ( AX-- Print or type name CIFFlCW.8IAL SIMON L KING MJfMIr~ aMIl:QUIY , . _Ca!mt~...... c~;o;:.'11=::'~~.~'~~_ ~._......,. Page 17 of 22 r t (\ ~ , ... II. Revised 2/11/98 CERTIFICATE OF CONSULTANT I hereby certify that I am the and duly authorized representative of the President firm of Beam. Longest and Neff. L.L.C. , whose address is 8126 Castleton Road. Indianapolis. Indiana 46250, and th~ 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 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 Agreement; except as herein expressly stated (if any): 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 Indiana Department of Transportation; except as herein expressly stated (if any): 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 State and Federal Laws, both criminal and civil. (Dal/~/ (~~~ Page 18 of22 Revised 2/11/98 r\ CERTIFICATE OF LOCAL PUBLIC AGENCY I hereby certify that (I am) (we are) the A#Y[)f OJ--' ~I)IIRb m~ 1t~J.JC tJj~Kf(title) of ...j6FFtJeJ b,J" IL 1. ~ I IN ]n;lAJII (LP A), and the above Consultant or its representative has . not b~.n 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): (1) CWe) 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 in any manner by the LP A except as herein expressly stated (if any): I acknowledge that this certificate is to be furnished to the Federal Highway Administration and the r"! Indiana Department of Transportation, in connection with this Agreement involving participation of federal-aid highway funds, and is subject to applicable state and federal laws, both criminal and civil. f)v(j.v.rr oIh d'1rO / x jJ~ 41 f\ Page 19 of 22 (\ Revised 2/11/98 NON-COLLUSION AFFIDAVIT STATE OF INDIANA COUNTY OF ) ) SS: ) / 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 him/her, directly or indirectly, entered into or offered to enter into any combination, collusion or contract to receive or pay, and that he/she 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. ~~? James B. Longest Printed Name f" , President Title Beam. Longest and Neff. L.L.C. Company Before me, a Notary Public in and for said County and State personally appeared James B. Longest in the foregoing affidavit on this 8 .....-t day of . who acknowledged the truth of the statements ::;:4 .20~ My Commission Expires April 27. 2008 ~~ Notary Public Madison County of Residence Scott E. Reske Print or type name Page 20 of 22 Revised 2111/98 DEBARMENT CERTIFICA nON This certification applies to the CONSULTANT or al'ly person associated therewith in the capacity of owner, partner, director, officer, principal investor, project director, manager, auditor, or any position involving the administration of federal funds. Instructions for Certification CO". 1. By signing and submitting this Agreement, the prospective primary participant is providing the certification set out below. 2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction. 3. The certification in this clause 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 certification, in addition to other remedies available to the federal government, the department or agency may terminate this transaction for cause or default. 4. The prospective primary participate shall provide immediate written notice to the department or agency to whom this Agreement is submitted if at any time the prospective primary participate learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 5. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of the 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 participant agrees by submitting this Agreement that should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction unless authorized by the department or agency entering into this transaction. 7. The prospective primary participant further agrees by submitting this Agreement that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," provided by the department or agency entering into this covered transaction without modification in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 8. A participant in a covered transaction may rely 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 certification required by this cause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. Page 21 of 22 , . Revised 2/11/98 f' -,~ 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 Responsibilitv Matters - Primary Covered Transactions 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 judgment 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 indicted 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. C', \ 2. Where the prospective primary participant is unable to certify to any of the statements in this certification such pros ective participant shall attach an explanation to this proposal. (Si ature) James B. Longest (Printed or Typed) Beam, Longest and Neff, L.L.C. (Company) President (Title) Before me a Notary Public in and for said County and State personally appeared James B. Longest , who swore to and acknowledged the truth of the statements in the foregoing Certification on this ~day of :::;:4 , 20 0 /. My Commission Expires April 27, 2008 Notary Publi~ ;::7~ Madison County of Residence Scott E. Reske Print or type name f'~ Page 22 of 22 , . (' APPENDIX "A" SERVICES BY CONSULTANT A. Riqht-of-Wav Manaqement and Supervision 1. The CONSULTANT shall be responsible for administrating, scheduling and coordinating all activities necessary to certify that the right-of-way has been acquired and the PROJECT is clear for construction letting. This responsibility shall include: a. Meetings, conferences, and communications with property owners, relocatees, attorneys, engineers, appraisers, buyers, LPA, Indiana Department of Transportation (INDOT), and Federal Highway Administration (FHW A). f'\l b. Revisions to construction plans, right-of-way plans, plats, legal descriptions and right-of-way stake-outs which may be required. 2. These Right-of-Way Services include all reasonable services as required to secure the parcels based on the approved engineering design or recommend to the LPA that a parcel be condemned. 3. The CONSULTANT (not the Buyer) shall make arrangements for delivery of payment to each property owner and/or relocatee. B. Appraisinq 1. Brian C. Reske Beam, Longest and Neff, L.L.C. 8126 Castleton Road Indianapolis, Indiana 46250 1 of 14 {>I ~.I, f' . " ! , , 2. Ji Brian C. Reske shall perform the appraisal work covered by this 'j Agreement. The Appraiser shall be a licensed Appraiser in the state of Indiana, on INDOT's approved list of Appraisers. 3. No work by the Appraiser shall be sublet, assigned or otherwise performed by anyone other than the approved Appraiser. 4. Subsection 14 of Section V shall not apply to the Appraiser. Should the quality and/or progress of the appraisals be deemed unsatisfactory, the LPA may terminate the services of the Appraiser by giving five (5) days' written notice. The earned value of the work performed shall be based upon an estimate of the portion of the services as have been rendered by the Appraiser to the date of termination. All work, completed or partially completed, shall become the property of the LPA. 5. The Appraiser shall examine the plans for this project and review in the field the various parcels herein designated. 6. The Appraiser shall give the owner of each parcel to be appraised the opportunity to accompany the Appraiser during the inspection of the parcel. 7. The appraisals shall be sufficiently documented to meet the minimum standards set out in the INDOT's Appraisal Handbook as approved by the FHWA. The Appraiser shall follow accepted principles and techniques in evaluation of real property in accordance with state laws. Any appraisal that does not meet such requirements shall be further documented or reappraised as the case may be without additional compensation to the 2 of 14 r r\! , , Appraiser. The Appraiser shall furnish the LPA with a comparable sales docket (if applicable) consisting of sufficient current sales data in the vicinity of th.e project to establish a pattern of values. Each comparable sale property shall be identified by photograph and shall be located on a local map which shall be a part of the comparable sales docket. 9. The Appraiser shall not give consideration or include in the appraisal any 8. allowance for relocation assistance benefits. 10. Where an entire property is to be acquired, the estimate of just compensation shall be the market value of the property. Where only a part of a property is to be acquired, the estimate of just compensation shall be that amount arrived at in accordance with the laws governing just compensation applicable to the LPA, INDOT and FHWA, including those laws governing compensable and noncompensable items and the treatment of general and special benefits. For either whole or partial acquisitions, the appraisal report shall show what in the appraiser's judgement is a reasonable allocation of the "before value" to the various land, buildings, and other improvements. For partial acquisitions, the appraisal report shall further show a similar allocation of the "after value." 11. In estimating just compensation for the acquisition of real property, appraisal reports shall, to the greatest extent practicable under federal and state law, disregard any decrease or increase in the fair market value of the real property prior to the date of valuation caused by the public 3 of 14 f"i improvement for which such property is acquired, or by the likelihood that the property would be acquired for such improvement, other than that due to physical deterioration within the reasonable control of the owner. 12. Documentation of estimates of value (either the before, the after, or the acquisition value) of damages, and/or of special benefits shall be by the most applicable and appropriate means available. If support for the after value by the usual methods of market or income data or indications from severance damage studies is not feasible, the appraiser shall so state and explain why it is not feasible. In such instances, the appraiser must then fully explain the reasoning for the after value estimate. 13. The appraisal shall conform with statutory and judicial determinations C".. i regarding noncompensable items. t " 14. The Appraiser's report shall contain, as a minimum, the following: (A) The purpose of the appraisal which includes a statement of value to be estimated and the rights or interests being appraised. (8) Identification of the property and its ownership, including at least a 5-year delineation of title. (C) Statement of appropriate contingent and limiting conditions, if any. (D) An adequate description of the neighborhood, the property, the portion of the property or interest therein being acquired, and the remainder(s), if any. (E) Identified photographs of the subject property including all principal ~., i above ground improvements or unusual features affecting the 4 of 14 value of the property to be acquired or damaged. (F) An identification or listing of the buildings, structures, and other improvements on the land as well as the fixtures which the Appraiser considered to be a part of the real property to be acquired. (G) The estimate of just compensation for or resulting from the (H) acquisition. In the case of a partial acquisition, where appropriate, the Appraiser shall make a reasonable allocation of the estimate of just compensation for the real property to be acquired and for damages and/or special benefits to remaining real property. The date(s) on which and/or as of which, as appropriate, the just compensation is estimated. The date of value estimate must be f\ ~" the last date of inspection. (I) The certification, signature, and date of signature of the Appraiser. (J) Other descriptive material (maps, charts, plans, photographs). (K) The project number and parcel identification. (L) That the property owner was given the opportunity to accompany the Appraiser during the inspection of the property. 15. Appraisal reports shall be typewritten, dated and signed by the individual making the appraisal prior to being submitted to a Review Appraiser. 16. Each appraisal report shall contain an Appraiser's certification. A new certificate shall be prepared where there is a change in the appraisal report which affects the estimate of just compensation or changes the 5 of 14 ,...., ! , . date of the valuation. An exception to including all requirements in each appraisal report is permitted where project data containing the same information has been developed to supplement the reports. In such instances, an appropriate reference to the information may be considered an equivalent to its inclusion in the appraisal report. 17. The Appraiser agrees to furnish the LPA with one original and one copy of each appraisal report. 18. The Appraiser agrees to update reports at the request of the LPA and/or testify in court on behalf of the LPA on any of the parcels described herein. 19. All information contained in the appraisal report and all parts thereof are to be treated as a privileged communication The Appraiser shall take all necessary steps to ensure that neither he/she nor any member of his/her staff or organization divulges any information concerning the report except to a duly authorized representative of the LPA, until authorized in writing by the LPA to reveal the communication to another designated party. C. Review Appraisal r 1. Paul Deem, Sr., an individual, shall hereinafter be referred to as the Review Appraiser. 2. Paul Deem, Sr., shall perform the review appraisal work covered by this Agreement. The Review Appraiser shall be a licensed Appraiser in the state of Indiana, on INDOT's approved list of Review Appraisers. 3. The review appraisals shall not be sublet, assigned or otherwise 6 of 14 (\! performed by anyone other than the Review Appraisers so designated. 4. The Review Appraiser shall examine the plans for this project, field inspect parcels herein designated and field inspect the comparable properties considered by the Appraiser. 5. The review appraisals shall be sufficiently documented to meet the minimum standards set out in the INDOT's Appraisal Handbook as approved by the FHW A and shall be submitted on forms provided by the LP A. The Review Appraiser shall follow accepted principles and techniques in evaluation of real property in accordance with state laws. Any review appraisal that does not meet such requirements shall be further documented without additional compensation to the Review r Appraiser. ~ 6. The Review Appraiser shall consider all pertinent value information that is available. 7. The Review Appraiser shall document all estimates of just compensation. 8. The Review Appraiser may at any time prior to settlement adjust his/her estimate of just compensation on the basis of additional value information. 9. The Review Appraiser shall examine the appraisal reports to determine that they: a. Are complete and in accordance with the INDOT's appraisal specifications. b. Follow accepted appraisal principles and techniques in the '~ valuation of real property in accordance with existing federal and 7 of 14 (\ " (\ state law. c. Contain or make reference to the information necessary to explain, substantiate, and thereby document the conclusions and estimates of value and/or just compensation contained therein. d. Include consideration of compensable items, damages, and benefits, and do not include compensation for items noncompensable under federal and state law. Contain an identification or listing of the buildings, structures and other improvements on the land as well as the fixtures which the Appraiser considered to be a part of the real property to be acquired. Contain the estimates of just compensation for or resulting from the acquisition, and where appropriate, in the case of a partial e. f. acquisition, a reasonable allocation of the estimate of just compensation for the real property acquired and for damages and/or special benefits to remaining real property. 10. Prior to finalizing his estimate of just compensation, the Review Appraiser shall request and obtain corrections or revisions of appraisal reports which do not substantially meet the requirements set forth in the INDOT's appraisal report specifications. These shall be documented and retained in the parcel file. 11. The Review Appraiser may supplement an appraisal report with (' corrections of minor mathematical errors where such errors do not affect 8 of 14 F\. ~.! , , the final value conclusion. He/she may also supplement the appraisal file where the following factual data has been omitted: a. Project and/or parcel number b. Owner's and/or tenant's names c. Parties to transaction, date of purchase and deed book reference on sale of subject property and comparables d. Statement that there were no sales of subject property in the past 5 years e. Location, zoning, or present us of subject property or comparables 12. The Review Appraiser shall initial and date his/her corrections and/or factual data supplements to an appraisal report. 13. The Review Appraiser shall place in the parcel file a signed and dated statement setting forth: a. The estimate of just compensation including, where appropriate, the allocation of compensation for the real property acquired and for damages and/or special benefits to remaining real property, and an identification or listing of the buildings, structures and other improvements on the land as well as the fixtures which he/she considered to be a part of the real property to be acquired. b. That as a part of the appraisal review, there was a field inspection of the parcel to be acquired and the comparable sales applicable thereto. If a field inspection was not made, he/sh shall state the reason(s). 9 of 14 c. That he/she has no direct or indirect present or contemplated f future personal interest in such property or in any monetary benefit from its acquisition. d. That his/her estimate has been reached independently, without collaboration or direction, and is based on appraisals and other factual data. e. His/her value estimate of items compensable under state law but not eligible for federal reimbursement, if any. 14. In estimating just compensation for the acquisition of real property, the Review Appraiser shall, to the greatest extent practicable under federal and state law, disregard any decrease or increase in the fair market value .r.. \.' . ." I of the real property prior to the date of valuation caused by the public improvement for which such property is acquired, or by the likelihood that the property would be acquired for such improvement, other than that due to physical deterioration within the reasonable control of the owner. 15. The Review Appraiser shall conform with statutory and judicial determinations regarding noncompensable items. 16. The Review Appraiser agrees to update reports at the request of the LPA and/or testify in court on behalf of the LPA on any of the parcels described herein. 17. All information contained in the Review Appraisal Report and all parts thereof are to be treated as a privileged communication. The Review Appraiser shall take all necessary steps to ensure that neither he/she nor 1 0 of 14 ~ , ' any member of his/her staff or organization divulges any information concerning the report except to a duly authorized representative of the LPA, until authorized in writing by the LPA to reveal the communication to another designated party. 18. Subsection 14 of Section V shall not apply to the Review Appraiser. Should the quality and/or progress of the review appraisals be unsatisfactory, the LPA may terminate the services of the Review Appraiser by giving five (5) days' written notice. The earned value of the work performed shall be based upon an estimate of the portion of the services as have rendered by the Review Appraiser to the date of termination All work, completed or partially completed, shall become the property of the LPA. D. Buvinq 1. Kenneth P. Fleetwood, an employee of Beam, Longest and Neff, L.L.C., shall perform the buying work covered by this Agreement. The buyer shall be a licensed real estate broker in the state of Indiana and be on INDOT's approved List of Buyers. 2. No work by the Buyer shall be sublet, assigned or otherwise performed by anyone other than the Buyer. 3. The Buyer shall make every reasonable effort to acquire expeditiously the parcels listed herein. 4. The Buyer shall make a prompt offer in writing to acquire each parcel for the full amount which has been estimated and approved as just 11 of 14 r\ compensation for the acquisition. The Uniform Land or Easement offer letter shall be given to each parcel owner or sent by certified mail with return receipt requested. 5. Upon initiation of buying, the Buyer shall provide the owner of real property to be acquired with a written statement of, and a summary of the basis for the amount which has been established as just compensation for the proposed acquisition. 6. The Buyer shall perform the services under this Agreement in compliance wit the INDOT Buyer's Procedure Manual, in addition to the following regulations: a. Make all reasonable efforts to personally contact each owner or his/her designated representative and explain the acquisition. In the event the property owner resides out of state, the owner may be contacted by certified or registered first class mail or other means appropriate to the situation. b. No later than the first contact where the offer is discussed, the Buyer shall give the owner the brochure, "How Land is Purchased for Highways" describing the land acquisition process and the owner's rights, privileges and obligations. c. The owner of improvements located on lands being acquired for right-of-way will be offered the option of retaining improvements thereon at a retention value determined by the LPA and INDOT. d. A revised offer and summary statement of just compensation shall 12 of 14 ~\ r be provided the owner if: 1. The extent of the taking is revised, or 2. The approved estimate of just compensation is revised by the Review Appraiser. e. The Buyer shall maintain adequate records to include a report for each parcel containing but not limited to: 1. The date and place of contact 2. Parties of interest contacted 3. Offer made 4. Counter-offer or reasons offer was not accepted 5. The report must be signed and dated by the Buyer, and {\ initialed by the person contacted. f. The property owner must be given a copy of the report on each contact. g. When attempts to buy are successful, a signed statement is to be prepared by the Buyer to the effect that: 1. The written offer embodies all considerations agreed to by the property owner; 2. The Buyer understands the acquired property is for use in connection with an LPA project that utilizes FHW A funding; 3. The Buyer has no direct or indirect present or contemplated future personal interest in the property or in any monetary ~. , I benefit from the acquisition of the property; and, 13 of 14 0, r r ~ 7. 4. The agreement was reached without coercion of any type. When attempts to buy are unsuccessful, the Buyer shall record his recommendation for action and submit it to the LPA. 1. The recommendation shall consider administrative settlement, including amount of settlement and reasons for a settlement. 2. Otherwise, a condemnation report shall be filled out and submitted to the LPA. All information contained in the appraisal shall be treated as confidential. The Buyer is to take all steps to ensure that he/she does not divulge any of this information to anyone other than a duly authorized representative of the LPA, unless authorized in writing by the LPA to reveal the information to another designated party. Subsection 14 of Section V shall not apply to the Buyer. Should the quality and/or progress of the buying be unsatisfactory, the LPA may terminate the services of the Buyer by giving five (5) days' written notice. The earned value of the work performed shall be based upon the percentage of work completed at the time of the termination. All records of the Buyer and work completed or partially completed, shall become the property of the LPA. h. 8. 14 of 14 r APPENDIX 'B' The LPA shall furnish the CONSULTANT with the following: A. Individual plats for each parcel. B. Legal description(s) of the right-of-way to be acquired on each parcel. C. Final right-of-way plans for the project. D. Guaranteed access to and all provisions for the CONSULTANT to enter upon public and private lands as required for the CONSULTANT to perform work under this Agreement. E. Right-of-way stake-out. F. Title documents. 1""""". G. Acquisition instruments which have been prepared or approved by the LPA's legal counsel for each parcel. H. Recorded transfer documents. I. Lease agreements prepared by or approved by the LPA's attorney. J. Legal counselor LPA designated employee to hear and make judgement on relocation appeals. K. Legal counsel for condemnation proceedings and for legal services in connection with the project. L. Copies of the location and/or design study reports. M. Copies of the environmental studies and/or approvals. N. The money for all payments due the property owner and/or the relocatee. ~.i f; .. ." 1 of 1 , 't APPENDIX "C" Schedule All work by the CONSULTANT under this Agreement shall be completed and delivered to the LPA no later than 420 calendar days after the notification to proceed from the LPA. For the purpose of contract control, the work will be submitted by the CONSULTANT to the LPA and INDOT for review and approval within the following approximate time periods: A. Appraisals and Documentation: Within 180 days after the notice to proceed with the appraisals. r, B. Review Appraisals and Documentation: Within 120 days after receipt of each appraisal from the Appraiser. C. Buying and Documentation: Within 120 days after receipt of notice to proceed with buying on each parcel. ri 1 of 1 ~ , A. r r--' ...' APPENDIX "0" Amount of Compensation 1. The CONSULTANT shall receive as payment for the work performed under this Agreement, the total fee not to exceed $ 27,220.00, unless a modification of the Agreement is approved in writing by the LPA and the INOOT. 2. The CONSULTANT will be paid for the work performed under Section A of this Agreement, a lump sum fee of $ 700.00 for Right-of-Way Management and Supervision. 3. The CONSULTANT will be paid for the work performed under the applicable Sections A, B, C, and 0 of Appendix "A" of this Agreement, except as provided for in Section 4 of this Appendix, in accordance with the following schedule: Appraisal Problem Analysis $ 500.00 $20,000.00 $ 5,000.00 $ 700.00 $ 1,020.00 $27,220.00 Appraisal Fee Review Appraisal Fee ROW Management and Supervision Buying Fee 1of2 " l:. ., r 4. In consideration of condemnation proceedings described below, the LPA agrees to pay the Right-of-Way Manager, Appraiser, Review Appraiser, Buyer, Property Manager and Relocation Specialist on a daily basis (or on a pro rata basis for less than a day) the following sums: Pre- Trial Conference Testimony in and Court as Expert Preparation Witness RJW Manaqer $500 $500 Appraiser $500 $500 Review Appraiser $500 $500 Buver $500 $500 B. Method of Payment r 1. The CONSULTANT shall submit invoices to the LPA not more often than once per month during the progress of the work, for payment on account of the work completed. 2. For work performed under Section A of Appendix "An, the LPA agrees to pay the CONSULTANT for rendering such services, the percentage of the work completed. 3. For work performed under the applicable Sections B, C and D of Appendix "An, and upon completion of the respective work and its acceptance by the LPA, the LPA agrees to pay the CONSULTANT the fees established. No partial payments shall be made on a per parcel fee. f' 20f2