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HomeMy WebLinkAboutHNTB Design Concept - Big Four BridgeAGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT is entered into between City of Jeffersonville (Owner) and HNTB Corporation (HNTB), for the following reasons: 1. Owner intends to develop a design concept for the Big Four Bridge Approach Ramp in Jeffersonville, IN (the Project); and, 2. Owner requires certain professional engineering and planning services. in connection with the Project (the Services); and, 3. HNTB is prepared to provide the Services. In consideration of the promises contained in this Agreement, Owner and HNTB agree as follows: ARTICLE 1 -EFFECTIVE DATE The effective date of this Agreement shall be the date of Owner signature below. ARTICLE 2 -GOVERNING LAW This Agreement shall be governed by the laws of the State of Indiana. ARTICLE 3 -SCOPE OF SERVICES HNTB shall provide the Services described in Attachment A, Scope of Services. ARTICLE 4 -SCHEDULE HNTB shall exercise its reasonable efforts to perform the Services described in Attachment A according to the Schedule set forth in Attachment B. ARTICLE 5 -COMPENSATION A. Owner shall pay HNTB in accordance with Attachment C, Compensation. B. Notwithstanding anything to the contrary in this Agreement or Attachment C, should the Services under this Agreement include products or services that are commercially priced by HNTB, such amounts shall be invoiced to Owner at the catalog price(s) offered by HNTB and are not subject to audit on the basis of costs incurred. C. Invoices shall be due and payable upon receipt. Owner shall give prompt written notice of any disputed amount and shall pay the remaining amount. Invoice amounts not paid within 30 days after receipt shall accrue interest at the rate of 1.5% per month (or the maximum rate permitted by law, if less), with payments applied first to accrued interest and then to unpaid principal. Owner shall pay HNTB's reasonable attorneys' fees incurred in connection with any litigation instituted to recover invoice amounts. ARTICLE 6 -OWNER'S RESPONSIBILITIES A. Owner shall be responsible for all matters described in Attachment D, Owner's Responsibilities. B. Owner hereby represents that it owns the intellectual property rights in any plans, documents or other materials provided by Owner to HNTB. If Owner does not own the intellectual property rights in such plans, documents or other materials, prior to providing same to HNTB, Owner shall obtain a license or right to use, including the right to sublicense to HNTB. Owner hereby grants HNTB the right to use the intellectual property associated with plans, documents or other materials it owns or has the right to use for the limited purpose of performing the Services. Owner represents that HNTB's use of such documents will not infringe upon any third parties' rights and Owner will indemnify and protect HNTB from any infringement claims arising from HNTB's use of any plans, documents or other materials provided to HNTB in the performance of its Services hereunder. ARTICLE 7 -STANDARD OF CARE The same degree of care, skill, and diligence shall be exercised in the performance of the Services as is ordinarily possessed and exercised by a member of the same profession, currently practicing, under similar circumstances. No other warranty, express or implied, is included in this Agreement or in any drawing, specification, report, opinion, or other instrument of service, in any form or media, produced in connection with the Services. ARTICLE 8 -INDEMNIFICATION AND LIABILITY A. Having considered the potential liabilities that may exist during the performance of the Services, the relative benefits and risks of the Project, and HNTB's fee for the Services, and in consideration of the promises contained in this Agreement, Owner and HNTB agree to allocate and limit such liabilities in accordance with this Article. B. HNTB agrees to indemnify and hold the Owner harmless from and against legal liability for all judgments, Owner-HNTB (Standard).doc 1 010109 losses, damages, and expenses to the extent such judgments, losses, damages, or expenses are caused by HNTB's negligent acts, errors, or omissions arising out of its performance of the Services. In the event judgments, losses, damages, or expenses are caused by the joint or concurrent negligence of HNTB and Owner, they shall be borne by each party in proportion to its own negligence. C. To the fullest extent permitted by law, the total aggregate liability of HNTB and its subconsultants to Owner for all judgments, losses, damages, and expenses resulting in any way from the performance of the Services shall not exceed the total compensation actually received by HNTB under this Agreement. D. To the fullest extent permitted by law, HNTB shall not be liable to Owner for any consequential damages resulting in any way from the performance of the Services. E. The terms and conditions of this Article shall survive completion of the Services, or any termination of this Agreement. ARTICLE 9 -INSURANCE A. During the performance of the Services under this Agreement, HNTB shall maintain the following insurance: (1) General Liability Insurance, with a limit of $1,000,000 per occurrence and $2,000,000 annual aggregate. (2) Automobile Liability Insurance, with a combined single limit of $1,000,000 for each person and $1,000,000 for each accident. (3) Workers' Compensation Insurance in accordance with statutory requirements and Employers' Liability Insurance, with a limit of $500,000 for each occurrence. (4) Professional Liability Insurance, with a limit of $1,000,000 per claim and annual aggregate. B. HNTB shall, upon written request, furnish Owner certificates of insurance which shall include a provision that such insurance shall not be canceled without at least thirty days' written notice to Owner. Owner shall require all Project contractors to include Owner, HNTB, and its parent company, affiliated and subsidiary entities, directors, officers and employees, as additional insureds on their General and Automobile Liability insurance policies, and to indemnify both Owner and HNTB, each to the same extent. C. HNTB and Owner waive all rights against each other and their directors, officers, partners, commissioners, officials, agents, and employees for damages covered by property insurance during and after the completion of the Services. If the Services result in a construction phase of the Project, a similar provision shall be incorporated into all construction contracts entered into by Owner and shall protect Owner and HNTB to the same extent. ARTICLE 10 -LIMITATIONS OF RESPONSIBILITY A. HNTB shall not be responsible for (1) construction means, methods, techniques, sequences, procedures, or safety precautions and programs in connection with the Project; (2) the failure of any contractor, subcontractor, vendor, or other Project participant, not under contract to HNTB, to fulfill contractual responsibilities to Owner or to comply with federal, state, or local laws, regulations, and codes; or (3) procuring permits, certificates, and licenses required for any construction unless such procurement responsibilities are specifically assigned to HNTB in Attachment A, Scope of Services. B. In the event the Owner requests HNTB to execute any certificates or other documents, the proposed language of such certificates or documents shall be submitted to HNTB for review at least 15 days prior to the requested date of execution. HNTB shall not be required to execute any certificates or documents that in any way would, in HNTB's sole judgment, (1) increase HNTB's legal or contractual obligations or risks; (2) require knowledge, services or responsibilities beyond the scope of this Agreement; or (3) result in HNTB having to certify, guarantee or warrant the existence of conditions whose existence HNTB cannot ascertain. ARTICLE 11 -OPINIONS OF COST AND SCHEDULE Because HNTB has no control over the cost of labor, materials, or equipment furnished by others, or over the resources provided by others to meet Project schedules, HNTB's opinion of probable costs and of Project schedules shall be made on the basis of experience and qualifications as a practitioner of its profession. HNTB does not guarantee that proposals, bids, or actual Project costs will not vary from HNTB's cost estimates or that actual schedules will not vary from HNTB's projected schedules. ARTICLE 12 -REUSE OF DOCUMENTS All documents, including, but not limited to, plans, drawings, and specifications prepared by HNTB as deliverables pursuant to the Scope of Services are instruments of service in respect to the Project. They are not intended or represented to be suitable for reuse by Owner or others on modifications or extensions of the Project or on any other project. Any reuse without prior written verification or adaptation by HNTB for the specific purpose intended will be at Owner's sole risk and without liability or legal exposure to HNTB. Owner shall indemnify and hold harmless HNTB and its subconsultants against all judgments, losses, damages, injuries, and expenses, including reasonable attorneys' fees, arising out of or resulting from such reuse. Any verification or adaptation of documents will entitle HNTB to additional compensation at rates to be agreed upon by Owner and HNTB. Owner-HNTB (Standard).doc 2 010109 ARTICLE 13 -OWNERSHIP OF DOCUMENTS AND INTELLECTUAL PROPERTY Except as otherwise provided herein, documents, drawings, and specifications prepared by HNTB and furnished to Owner as part of the Services shall become the property of Owner; provided, however, that HNTB shall have the unrestricted right to their use. HNTB shall retain its copyright and ownership rights in its design, drawing details, specifications, data bases, computer software, and other proprietary property. Intellectual property developed, utilized, or modified in the performance of the Services shalt remain the property of HNTB. ARTICLE 14 -TERMINATION AND SUSPENSION A. This Agreement may be terminated by either party upon written notice in the event of substantial failure by the other party to perform in accordance with the terms of this Agreement; provided, however, the nonperforming party shall have 14 calendar days from the receipt of the termination notice to cure or to submit a plan for cure acceptable to the other party. B. Owner may terminate or suspend performance of this Agreement for Owner's convenience upon written notice to HNTB. HNTB shall terminate or suspend performance of the Services on a schedule acceptable to Owner, and Owner shall pay HNTB for all the Services performed plus termination or suspension expenses. Upon restart of suspended Services, an equitable adjustment shall be made to HNTB's compensation and the Project schedule. ARTICLE 15 -DELAY IN PERFORMANCE A. Neither Owner nor HNTB shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the nonperforming party. For purposes of this Agreement, such circumstances include, but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war, riots, and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage; judicial restraint; and delay in or inability to procure permits, licenses, or authorizations from any local, state, or federal agency for any of the supplies, materials, accesses, or services required to be provided by either Owner or HNTB under this Agreement. HNTB shall be granted a reasonable extension of time for any delay in its performance caused by any such circumstances. B. Should such circumstances occur, the nonperforming party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. ARTICLE 16 -NOTICES A. Any notice required by this Agreement shall be made in writing to the address specified below: Owner: City of Jeffersonville 500 Quartermaster Court Jeffersonville, IN 47130 HNTB: HNTB Corporation 401 W. Main Street, Suite 601 Louisville, KY 40202 B. Nothing contained in this Article shall be construed to restrict the transmission of routine communications between representatives of Owner and HNTB. ARTICLE 17 -DISPUTES A. In the event of a dispute between Owner and HNTB arising out of or related to this Agreement, the aggrieved party shall notify the other party of the dispute within a reasonable time after such dispute arises. If the parties cannot thereafter resolve the dispute, each party shall nominate a senior officer of its management to meet to resolve the dispute by direct negotiation or mediation. B. Should such negotiation or mediation fail to resolve the dispute, either party may pursue resolution of the dispute by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association; provided, however, in the event the parties are unable to reach agreement to arbitrate under terms reasonably acceptable to both parties, either party may pursue resolution in any court having jurisdiction. C. During the pendency of any dispute, the parties shall continue diligently to fulfill their respective obligations hereunder. ARTICLE 18 -EQUAL EMPLOYMENT OPPORTUNITY A. HNTB hereby affirms its support of affirmative action and that it abides by the provisions of the "Equal Opportunity Clause" of Section 202 of Executive Order 11246 and other applicable laws and regulations. Owner-HNTB (Standard).doc 3 010109 B. HNTB affirms its policy to recruit and hire employees without regard to race, age, color, religion, sex, sexual preference/orientation, marital status, citizen status, national origin or ancestry, presence of a disability or status as a Veteran of the Vietnam era or any other legally protected status. It is HNTB's policy to treat employees equally with respect to compensation, advancement, promotions, transfers and all other terms and conditions of employment. C. HNTB further affirms completion of applicable governmental employer information reports including the EEO-1 and VETS-100 reports, and maintenance of a current Affirmative Action Plan as required by Federal regulations. ARTICLE 19 -WAIVER A waiver by either Owner or HNTB of any breach of this Agreement shall be in writing. Such a waiver shall not affect the waiving party's rights with respect to any other or further breach. ARTICLE 20 - SEVERABILITY The invalidity, illegality, or unenforceability of any provision of this Agreement or the occurrence of any event rendering any portion or provision of this Agreement void shall in noway affect the validity or enforceability of any other portion or provision of this Agreement. Any void provision shall be deemed severed from this Agreement, and the balance of this Agreement shall be construed and enforced as if it did not contain the particular portion or provision held to be void. The parties further agree to amend this Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. The provisions of this Article shall not prevent this entire Agreement from being void should a provision which is of the essence of this Agreement be determined void. ARTICLE 21 -INTEGRATION This Agreement, including Attachments A, B, C, and D incorporated by this reference, represents the entire and integrated agreement between Owner and HNTB. It supersedes all prior and contemporaneous communications, representations, and agreements, whether oral or written, relating to the subject matter o~ this Agreement. ARTICLE 22 -SUCCESSORS AND ASSIGNS Owner and HNTB each binds itself and its successors, executors, administrators, permitted assigns, legal representatives and, in the case of a partnership, its partners, to the other party to this Agreement and to the successors, executors, administrators, permitted assigns, legal representatives, and partners of such other party in respect to all provisions of this Agreement. ARTICLE 23 -ASSIGNMENT Neither Owner nor HNTB shall assign any rights or duties under this Agreement without the prior written consent of the other party, which consent shall not be unreasonably withheld; provided, however, HNTB may assign its rights to payment without Owner's consent. Unless otherwise stated in the written consent to an assignment, no assignment will release or discharge the assignor from any obligation under this Agreement. Nothing contained in this Article shall prevent HNTB from engaging independent consultants, associates, and subcontractors to assist in the performance of the Services. ARTICLE 24 - NO THIRD PARTY RIGHTS The Services provided for in this Agreement are for the sole use and benefit of Owner and HNTB. Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than Owner and HNTB. IN WITNESS WHEREOF, Owner and HNTB have executed this Agreement. The individuals signing this Agreement represent and warrant that they have the power and authority to enter into this Agreement and bind the parties for whom they sign. City of Jeffersonville (Owner) Signatur ~ Name ~~,~-~ ;z : C ,~t~Cl Title ~'~~,4/L Date `'~ L o HNTB Corporation (HNTB) Signature ~,riYs: ~d~_ Name Chad A. Modesitt Title Associate Vice President Date ~ 2S °9 Owner-HNTB (Standard).doc 4 010109 ATTACHMENT A SCOPE OF SERVICES BIG FOUR BRIDGE RAMP APPROACH GENERAL OVERVIEW A two-part approach is used for the Big Four Bridge Approach Ramp. Part 1 is for the Concept Development Part 2 will be for the final design and the development of construction documents. The scope of services presented in Attachment A is for Part 1, Concept Development. Part 1 of the project will focus on developing the design concept for the project, completing the environmental work, and completing the survey work for the project. Part 1 will establish the final concept for connecting the bridge to the Jeffersonville community and will begin the early work needed on environmental and survey to allow the process to begin engineering and design once the concept is complete. The concept development stage will employ the principles of Context Sensitive Solutions (CSS) to define concepts and a final alternative for the design of the Indiana approach to the Big Four Bridge and the connection of the facility to the community. Design team will assist City of Jeffersonville to define the purpose and need of the project, assess corridor constraints and opportunities, develop a preferred alternative, and creating design guidelines for development of the bridge and its approaches. Overall, the project will be broken into the following general tasks: PUBLIC FACILITATION/PARTICIPATION MECHANISMS Public engagement and participation is critical to developing concepts that have broad community support. This involvement includes effective and efficient communication between the Owner and design team, as well as a strategic approach to engaging citizens, influential community groups, and the public as a whole. For this project, the following communication and public involvement mechanisms have been proposed: ^ Bi-weekly management team meetings/conference calls HNTB will conduct bi-weekly management meetings/conference calls with the Owner and the design team throughout the CSS process. The purpose of the meetings will be to monitor progress, identify key issues that emerge on the project, and to verify the production and delivery of key project deliverables on the project. HNTB will provide meeting notes for each meeting/call. ^ Community Advisory Group (CAG) HNTB will assist the City of Jeffersonville in establishing a Community Advisory Group (CAG) to help steer the design and decision-making process for the project. Initial work will include the development of project binders, administrative standards and structure of CAG meetings. The CSS team will provide leadership of three (3) CAG meetings, including preparation of agenda, creation of handouts and displays, and meeting notes. ^ Intergovernmental Work Group (IWG) HNTB will participate in up to two (2) meetings with an intergovernmental working group consisting of representatives of the City of Jeffersonville, the City of Louisville, and key permitting and oversight agencies. The purpose of this working group will be to coordinate efforts between the two cities and to keep oversight agencies informed on the project. It is suggested that in addition to representatives from each City, this group include representatives from INDOT, the US Army Corps of Engineers, the US Coast Guard, the Jeffersonville Flood Control District, the Louisville Waterfront Development Corporation, the Parks Departments from both Louisville and Jeffersonville, the Ohio River Greenways Commission, and the Jeffersonville Public Works Department. HNTB will attend the meetings and will make a brief progress presentation at each meeting. tt is intended that one meeting will occur at the beginning of the project and one meeting will occur at the conclusion of the CSS process, allowing the City of Jeffersonville to present its final concept drawings. • Public Workshops/Open Houses HNTB will conduct up to three (3) public workshops/presentations. The first two will be in an open house format where HNTB will be available to throughout the day to meet with residents. This format will allow for residents to come in and view exhibits or take part in exercises at their convenience. Attachment A Page 1 of 8 The final public presentation will be a formal presentation of the final plan. The public workshops will include: o Focused working group discussions (up to 3). o Stakeholder and property owner interviews (up to 6) PART 1 SCOPE OF_SERVICES Task 1: Bi-weekly Management Meetings HNTB will conduct bi-weekly management meetings/conference calls with the Owner and the design team throughout the CSS process. The purpose of the meetings will be to monitor progress, identify key issues that emerge on the project, and to verify the production and delivery of key project deliverables on the project. HNTB will provide meeting notes for each meeting/call. Task 2: Existing Conditions and Data Gathering Task 2.1: Kick-off Meeting with Client At the beginning of the process, HNTB will conduct akick-off meeting with the design team, representatives from the City of Jeffersonville, and other stakeholders as invited by the City. The purpose of this meeting will be to discuss the project schedule, review the project limits, and to discuss project outcomes. At this meeting, the group will also finalize the Community Advisory Group and will establish the CAG's meeting schedule. At the conclusion of the meeting, the HNTB design team will conduct a site visit with representatives of the City of Jeffersonville and collect data necessary for completing schematic project design. Deliverables for Task 2.1: HNTB will provide six (6) copies of the meeting notes from this meeting and six (6) copies of the project schedule. Task 2.2: Intergovernmental Work Group (IWG) No. 1 HNTB will attend the first meeting with an intergovernmental working group consisting of representatives of the City of Jeffersonville and the City of Louisville. The purpose of this first working group meeting will be to coordinate efforts between the two cities. At this meeting, HNTB will collect information about the Louisville approach and will discuss mutual concerns for the project. Task 2.3: Existing Conditions Assessment HNTB will conduct an Existing Conditions Assessment of the bridge approach areas, adjoining neighborhoods, and community connections and impacts. The purpose of the assessment will be to identify critical project issues, potential impacts of the projects, and to identify critical areas for enhancement. HNTB will prepare an overall Existing Conditions Assessment rendering that will illustrate the issues identified. Task 2.4: CAG Meeting No. 1 HNTB will conduct the first meeting of the CAG. At this first meeting, HNTB will give an overview presentation and will present the key administrative aspects of the project (purpose, schedule, design process). HNTB will also present its preliminary Existing Conditions Assessment and will conduct a series of exercises with the CAG intended to develop additional community information. These exercises will include: Identify Community Issues The CAG will be guided through a series of exercises that will identify the social, economic, and environmental issues that most concern them about the proposed project and define the aspirations the community has for the corridor. The exercises will produce a raw list of what people like and dislike about the project. This exercise will also allow the CAG to provide definition and ideas about the potential solutions. These exercises will serve as a basis for developing a project vision and project goals statement. ^ Establish Community Vision and Goals HNTB will also conduct exercises geared towards identifying key vision and goals for the project. After the CAG meeting, HNTB will distill the issues and aspirations listed by the CAG at Workshop No. 1 and create a draft vision statement and a draft set of goals for project. At Workshop No. 2, the CAG will be asked to review the drafts, and verify the goals. Attachment A Page 2 of 8 Deliverables for Task 2.4: HNTB will provide ten (10) copies of the written meeting notes from the CAG meeting. Task 2.5: Public Workshop No.1: Existing Conditions and Community Issues HNTB will conduct the project's first public workshop to present existing conditions and community issues. The purpose of this first workshop will be to broaden public participation and input on the project. Envisioned as an all-day workshop, participants will be allowed to take part in the same exercises as those conducted with the CAG. In addition, HNTB will be available to conduct interviews or discuss the project one-on-one with those who come into the workshop. Deliverables for Task 2.5: HNTB will provide ten (10) copies of the written comments from the public workshop. Task 2.6: Focused Working Groups (Neighborhoods, Pedestrian and Bicycle Facilities, Business Community) HNTB will conduct up to three (3) Focused Working Group sessions during the public workshop to discuss specific concerns and issues for the project. It is envisioned that these will all occur on one day. At these sessions, HNTB will facilitate discussions on concerns, issues, and will lead a session designed to identify solutions to specific issues raised. Deliverables for Task 2.6: HNTB will provide written meeting notes of each working group session. One (1) copy of the meeting notes from each session will be provided to the City of Jeffersonville. Task 2.7: Stakeholder and Property Owner Interviews HNTB will conduct up to six (6) stakeholder and property owner interviews during the public workshop, as defined in the Public Involvement section of this proposal, with locally elected officials, civic leaders, neighborhood association representatives, and local property owners to obtain an understanding of the issues that concern the community about the design of the project. Those to be interviewed will be identified by the City of Jeffersonville. Deliverables for Task 2.7: HNTB will prepare written meeting notes from each interview. One (1) copy will be provided to the City of Jeffersonville. Task 2.8: Establish Community Vision and Goals Once all initial public input is received, HNTB will establish the community vision for the project and will identify the project's goals which will lead the design of the project. Deliverables for Task 2.8: HNTB will provide ten (10) copies of the written community vision and goals for the project. Task 3: Concept Development Task 3.1: Develop Conceptual Design Theme Utilizing the vision statement, the set of project goals, the inventory, the preliminary assessment, and the information gathered as part of Task 2 of this project, HNTB will develop an overall theme for the design enhancement. The theme will establish the identity and the direction of the conceptual treatments. Deliverables for Task 3.1: HNTB will prepare presentation materials that identify and illustrate the overall theme of the conceptual design, HNTB will provide materials in a PowerPoint format as well as static illustrations on boards. HNTB will provide up to two (2) design theme boards at 32" X 40" and will provide ten (10) 11" X 17" reduced color copies for the CAG. Task 3.2: Draft Concept Development Utilizing the vision statement and the design theme established in task 3.1 above, HNTB will develop three (3) alternative design concepts for the bridge approach, landing area, and the areas immediately adjacent to the bridge. HNTB will prepare color diagrams, plans and renderings that illustrate the design concepts and their key points. HNTB will develop general cost information for the three (3) alternative design concepts. Attachment A Page 3 of 8 Deliverables for Task 3.2: HNTB will prepare presentation materials that identify and illustrate the three (3) different concepts. HNTB will provide one (1) plan view, up to two (2) cross sections or elevation drawings, up to one (1) perspective rendering, and up to three (3) additional color detail renderings of each design concept. Illustrations will be included in a PowerPoint form. In addition, one (1) 32" X 40" board will be prepared for each concept. HNTB will provide ten (10) 11" X 17" reduced color copies of each board for the CAG. Task 3.3: CAG Meeting No. 2 and Public Workshop No. 2: Concept Alternatives HNTB will conduct the second meeting of the CAG to review the project vision, goals, and the preliminary design concepts for the project. CAG members will review the concepts and will identify their preferences for solutions and potential treatments. It is anticipated that the meeting of the CAG will occur in the morning, and then HNTB will conduct a public open house format with the general public throughout the afternoon and evening. The goal of the workshop will be to gather opinions and feedback on the concepts. Deliverables for Task 3.3: HNTB will provide ten (10) copies of the written meeting notes from the CAG meeting and comments received during the public workshop. Task 4: Concept Refinement Task 4.7: Develop Draft Conceptual Plan/Preferred Alternative Based upon the review comments and the feedback received from the CAG and the public at the public workshop, HNTB will develop a final draft preferred conceptual plan for the project. Drawings, sections, elevations, and perspective sketches will be refined for the new concept. Computer simulations will be employed, as needed, for the CAG to understand and evaluate the draft conceptual plan. In addition, the design team will develop additional sketched of specific treatments to be incorporated into the preferred concept. These treatments will include: ^ Trail and Plaza Hardscape Elements: HNTB will prepare schematic drawings, elevations, details and additional exhibits, which illustrate urban design treatments of the trail, approach, and landing plaza area. Drawings, elevation, sectional and detail views will define shapes, dimensions, and architectural character for those elements that will be constructed as part of the project. These elements may include pavement treatments, sidewalk treatments, hardscape treatments, signage, and lighting. ^ Structural Treatments: HNTB will prepare elevations, details and additional exhibits, which illustrate the treatment of structural components of the approaches, retaining walls, abutments, supports and other structure elements of the concept. ^ Shoreside Connections: HNTB will prepare drawings and details illustrating critical shoreside connections to the Ohio River Greenway and will prepare sketches that illustrate the visual impact of the concept from the Indiana shoreline. ^ Vegetation Elements: HNTB will prepare exhibits to illustrate the planting patterns, plant associations, and species palette that will be used on the project. Planting design concepts will be established. Such elements may include native plantings, formal planting areas, approach plantings, and softscape areas in the landing area plaza. ^ Community Elements: HNTB will prepare exhibits to illustrate the design treatments of special enhancements associated with the project. Plan, elevation, sectional and detail views will define the architectural character of community elements that will enhance the design. Such elements may include gateway treatments, under-bridge treatments, inclusion of public art, and other features specific to the community input. Deliverables for Task 4.1: HNTB will prepare presentation materials that identify and illustrate preferred concept and the specific treatment illustrations. Illustrations will be included in a PowerPoint format. In addition, up to two (2) 32" X 40" boards will be prepared for the preferred concept, and one (1) 32"X 40" board for each specific treatment area. HNTB will provide ten (10) 11" X 17" reduced color copies of each board for the CAG. Attachment A Page 4 of 8 Task 4.2: Develop Preferred Conceptual Plan Costs HNTB will develop an "Opinion of Probable Cost" for the Preferred Concept based on the concept and details prepared for the preferred concept. Deliverables for Task 4.2: HNTB will provide ten (10) copies of the cost estimate for the CAG. Task 4.3: CAG Meeting No. 3: Preferred Alternative HNTB will conduct a third meeting of the CAG to present the preferred alternative and the cost estimate. Deliverables for Task 4.3: HNTB will provide ten (10) copies of the written meeting notes from the CAG meeting and comments received during the public presentation. Task 4.4: Final Design Concept >~ Costs Based upon the feedback received from the CAG and the public at the public workshop, HNTB will develop the final concept plan for the project based on the accepted design concept and selected prototypical design elements. In addition, HNTB will develop final cost estimates for the preferred solution. Deliverables for Task 4.4: HNTB will provide ten (10) copies of the final cost estimate. Refined drawings will be incorporated into a PowerPoint presentation. In addition, two (2) 32" X 40" boards will be prepared for the preferred concept, and one (1) 32" X 40" board for each specific treatment area will be reprinted for use at the public meeting. HNTB will provide ten (10) 11" X 17" reduced color copies of each board for the CAG. Task 4.5: Final Public Presentation HNTB will conduct a final public presentation to present the final concept and costs for the project. Deliverables for Task 4.5: HNTB will provide ten (10) copies of the written comments received during the public presentation. Task 4.6: Intergovernmental Work Group (IWG) No. 2 HNTB will participate in a second meeting with an intergovernmental working group. The purpose of this final meeting will be to present the final design concept for the project. HNTB will make a presentation and will answer questions concerning the design and its connection to the bridge. Deliverables for Task 4.6: HNTB will provide fifteen (15) 11" X 17" reduced color copies of each concept board for the IWG meeting. Task 5: Environmental Planning Services - NEPA Documentation Once the preliminary alignment has been approved by the Owner, HNTB will initiate the environmental documentation task for this project. For the project, INDOT follows a Project Development Process (PDP) in developing all projects. The City of Jeffersonville (City) must also follow INDOT's PDP and the March 2008 Indiana Categorical Exclusion (CE) Manual and the new INDOT Local Public Agency (LPA) Process Guidance Document (March 2009) to ensure that all statutory and policy requirements are met. INDOT has four (4) levels of Categorical Exclusions (CEs) and for the purposes of this scope, a level two (2) CE has been assumed. In addition, starting March 1, 2007, the FHWA and INDOT will only accept Section 106 identification and documentation of historic resources by qualified professionals meeting the Secretary of Interior's Professional Qualification Standards as required within the Indiana Cultural Resources Manual. Task 5.1: Early Coordination Meeting 8 Gather Preliminary Information Task 5.1A: Early Coordination Meeting with City and INDOT HNTB will initiate, prepare for, and attend one (1) early coordination meeting with the City and the District Local Programs Coordinator to coordinate the development of the INDOT-LPA Contract. Task 5.1 B: Notification of Landowners HNTB will notify landowners that will likely be impacted by the proposed trail right-of-way (ROW). Prior to initiating and conducting any field studies that require physical entry onto privately owned land, HNTB will prepare and mail a Notice of Survey Letter notifying them of the City's intent and right to enter upon their property to conduct the Red Flag investigations and other investigations. Attachment A Page 5 of 8 Task 5.1 C: Conduct Red Flag Investigation and Conduct Site Visit Following INDOTs PDP process, HNTB will collect environmental data and conduct one (1) site visit to perform the required Red Flag Investigation to obtain relevant background information regarding the site and identify points of concern. Activities including collecting and or documenting: ^ current GIS data, ^ other baseline current conditions from the Indiana GIS Atlas, ^ existing and future conditions of utilities, ^ photos of existing conditions, ^ parks, ^ recreation, and ^ other land uses to build a constraints map for impact analysis. Task 5.1 D: Determine Level of Environmental Documentation Once HNTB has performed the Red Flag Investigations and site visit, HNTB will prepare one (1) meeting with the INDOT Seymour Environmental Scoping Manager (ESM) to approve the level of CE documentation necessary for the proposed trail. Task 5.2: Perform Environmental Analysis Task 5.2A: Coordination with Resource Agencies As outlined within Indiana's Procedural Manual for Preparing Environmental Documents (2007 Version), HNTB will issue an early coordination letter to solicit input from federal, state, and local agencies. The objective of Early Agency Coordination is to coordinate with federal, state and local agencies involved in the project, identify issues and concerns, and collect baseline data from the various resource agencies for the CE. This early coordination letter will outline the following: ^ Purpose of Study • Study Area Map ^ Environmental Constraints Map ^ Request for feedback from resource agency on potential impacts For this project, HNTB will prepare no more than twenty-five (25) early coordination packets to federal, local, and state agencies. Agencies that will be contacted include at a minimum (others maybe invited as appropriate): ^ Indiana Department of Natural Resources ^ State Historic Preservation Officer -Kentucky and Indiana ^ Indiana Department of Environmental Management ^ Indiana Department of Agriculture • U.S. Fish and Wildlife Service ^ U.S. Army Corps of Engineers ^ Natural Resources Conservation Service During the environmental analysis, HNTB will continue to coordinate with resource agencies through phone calls and email for details concerning issues that agencies and other recipients of the early coordination package may have during the study. Task 5.26: Environmental Field Studies and Impact Analysis HNTB will perform environmental analysis/field studies to assist in determining potential impacts to the natural and human environment by the one (1) reasonable alternative. The placement of the reasonable alternative on aerial photography and the bridge approach ramp ROW footprint will be used to identify community and environmental impacts. These will include, to the degree appropriate: ^ Social, economic, and land use; • Consistency with comprehensive plans and economic development strategies; ^ Community impacts relative to cemeteries, recreational facilities, schools, churches, nursing homes, hospitals, and major utilities (water and sewage treatment plants, utility maintenance costs); Attachment A Page 6 of 8 ^ Water resources (lakes, rivers, streams, wetlands floodplains, ground water, water wellhead protection areas, and aquifer recharge areas); ^ Wildlife habitats (threatened and endangered species); • Managed lands and forests; • Other significant environmental features; • Hazardous materials sites; ^ An Ecological Evaluation will be completed to identify impacts on terrestrial and aquatic habitats and will include discussion on any known threatened or endangered species. ^ A Cultural Resources survey will be completed to identify any known archaeological and historic sites. HNTB will provide the following: o Determination and delineation of Area of Potential Effect (APE) with participation from FHWA, INDOT and the State Historic Preservation Office (SHPO). Definition of and consultation with Consulting Parties that may have an interest. HNTB will complete and submit Section 106 Documentation and Findings to INDOT and Indiana SHPO. o Architectural History Records review, survey, and recommendation. HNTB will prepare a report of the project on above ground resources eligible for listing to State or National Register of Historic Places. o Because of new right of way and ground disturbance, a Phase la archaeological field reconnaissance will be required by SHPO. A permit to conduct the survey must be issued by Indiana Department of Natural Resources (DNR) prior to the survey. An archaeological field reconnaissance will be conducted, and a report will be submitted to the Indiana Division of Historic Preservation and Archaeology (DHPA) for review and comment. A wetland delineation and report will be prepared; HNTB will complete the Farmland Conversation Rating form (NRCS-CPA-106) as described in the USDA-NRCS instructions; Section 4(f) evaluation to determine if protected resources including publicly owned parks, recreation lands and wildlife refuges will be impacted. Deliverables for Task 5.2b: ^ Up to twenty-five (25) Resource Agency coordination packets • Draft and Final Historic Property Report ^ Archaeological Literature & Field Reconnaissance Short Report ^ No Adverse Affect Finding ^ Section 106 Public Notice AssumptionslTasks Excluded in Scope of Services: HNTB will not perform the Indiana Wetland Rapid Assessment Protocol (INWRAP) for assessing the quality of the wetland systems within the study area. This assessment provides a complete inventory of the flora (plant) pertaining to hydrology (water) and potentially to support wildlife. HNTB will not perform Stream FunctionNalue Analysis, which includes the Qualitative Habitat Evaluation Index (QHEI), or the Headwater Habitat Evaluation Index (HHEI) according to the Ohio Environmental Protection Agency's (OEPA). A Biological Assessment and Section 7 Consultation are not included within this Scope of Services. The Section 7 Consultation process is triggered by a proposed action involving a federal agency's authorization of a major construction activity and the proposed action has the potential to affect listed species or species proposed for listing. Specific T&E assessments will not be conducted by HNTB under this Scope of Services. Special species field surveys, such as mist netting for Indiana Bat, fish/mussels or other T&E field surveys are not included in this Scope of Services. Task 5.3: Prepare Categorical Exclusion Document, CE Level II: The objective of this task is to document the findings from the environmental analysis, agency review process and create the draft CE. The documentation will describe the methods used to conduct the evaluation and the sources of data used. The CONSULANT will use the Federal Highway Administration (FWHA) INDOT CE template provided in the March 2008 CE Manual. Attachment A Page 7 of 8 Task 5.3A: General Information for CE HNTB will include the following level of detail and written analysis for the CE: • General project description ^ Purpose and Need preparation ^ Preferred Alternative description ^ Trail Design/Character description ^ Estimated project costs and schedule ^ Estimated right-of-way amounts, including permanent and temporary Task 5.36: Publish and Distribute Draft ~ Final CE HNTB activities within this task include final preparation and distribution of the CE. HNTB will submit one (1) hard copy and one (1) electronic copy of the following deliverables to INDOT and City for review and comment. HNTB preparation activities will include the following: ^ Submit CE to INDOT Seymour Environmental Scoping Manager for review and comment; ^ Convene with INDOT in a "sit down" to discuss comments and revisions on CE; ^ HNTB revise CE per INDOT comments; ^ Prepare and print CE for final review and approval. Task 5.3C: Approval of CE and Advance to Public Involvement Once the CE is authorized for public involvement, HNTB will submit three (3) copies of the CE, preliminary design plans, and design summary report to the INDOT Public Hearings Sections. Upon approval, HNTB will prepare the public notice for advertisement in the local newspaper. If the proposed trail project does not require a public hearing, the CE can be submitted for approved for certification per the public involvement requirements. After the public notice comment period ends, HNTB will fill out the public involvement section of the CE and send to INDOT for final signature. HNTB will distribute up to ten (10) copies of the final CE. Deliverables for Task 5.3C: ^ Three (3) Draft CE and one (1) Final CE for approval ^ Section 106 Public Notice & Public Notice for Design Approval ^ Ten (10) Copies of signed CE to City, INDOT, and Resource Agencies AssumptionslTasks Excluded in Scope of Services: Natural resource permitting services are not included within this scope of services. These services will be included in next phase of this project. Task 6: Survey Jacobi, Toombs and Lanz Inc, asub-consultant to HNTB, will provide topographic survey data for the Jeffersonville bank of the project for the conceptual design study. The survey will include the areas immediately adjacent to the bridge, Mulberry street north of the bridge (including rights-of-way and adjacent properties) the flood wall, and the proposed landing plaza north of the wall. The survey will establish bridge elevations, trail deck elevations, and other critical elevations associated specifically with the bridge structure. Additionally, the survey will also include information for the areas east and west of the bridge along the river and the existing park and greenway trail areas. The survey data will provide the basis for the conceptual study. Deliverables for Task 6: HNTB, through our subconsultant, will provide survey base map information for development of the concepts for the project. Information will be provided in both hard copy and digital form. Attachment A Page 8 of 8 ATTACHMENT B SCHEDULE BIG FOUR BRIDGE RAMP APPROACH Upon execution of this agreement by Owner, HNTB will complete the Concept Development, Environmental, and Survey within ten (10) months as follows; Part I Task 1: Bi-weekly Management Meetings 300 days from NTP Task 2: Existing Conditions and Data Gathering 30 days from NTP Task 3: Concept Development 90 days from NTP Task 4: Concept Refinement 120 days from NTP Task 5: Environmental Planning Services - NEPA Documentation 300 days from NTP Task 6: Survey 60 days from NTP The above schedule is prepared based on the mile-stones indicated and review/response time periods by the review agencies indicated in the INDOT LPA Process Guidance Document, for local Federal-Aid Projects, March 2009. Attachment B Page 1 of 1 ATTACHMENT C COMPENSATION BIG FOUR BRIDGE RAMP APPROACH Section 1 -Basis of Compensation 1.1 For performing the Services identified within Attachment A -Scope of Services, the Owner shall pay HNTB a lump sum amount of $365,000.00 (three hundred sixty five thousand dollars). HNTB may alter the compensation distribution between individual phases, tasks or work assignments to be consistent with the Services actually rendered, within the total lump sum amount. 1.2 The lump sum includes compensation for the Services, subconsultant costs, if any, and appropriate factors for labor, overhead, profit, and Reimbursable Expenses. 1.3 Although HNTB recognizes and accepts the ordinary risks and/or benefits of a lump sum fee structure, the parties agree to negotiate adjustment of the lump sum amount if there has been, or is to be, a material change in the: (a) scope, complexity or character of the Services or the Project; (b) conditions under which the Services are required to be performed; or (c) duration of the Services, if a change in the Schedule warrants such adjustment in accordance with the terms of this Agreement. Section 2 -Additional Services 2.1 Any services rendered by HNTB beyond those described in Attachment A -Scope of Services shall be compensated as outlined in a supplemental agreement. Section 3 -Other Payment Provisions 3.1 Progress Payments: Owner shall make monthly periodic progress payments for Services. The amounts due for Additional Services will also be invoiced monthly. Invoices shall be due and payable upon receipt. 3.2 Reimbursable Expense Definition: Reimbursable expenses include, but are not limited to, transportation, subsistence, reproduction of reports, drawings, specifications, and other Project documents, courier services, materials, supplies, equipment rental and other costs specific to the Project. Attachment C Page 1 of 1 ATTACHMENT D OWNER'S RESPONSIBILITIES BIG FOUR BRIDGE RAMP APPROACH Owner shall perform and provide the following in a timely manner so as not to delay the Services of HNTB, and HNTB may rely on the accuracy and completeness of the following: 1. Authorize HNTB in writing to proceed [authorization to proceed is given by the execution of this Agreement). 2. Place at HNTB's disposal all available information pertinent to the Project including previous reports, survey data, drawings, specifications, permits obtained or pending, and any other data relative to the design or construction activities associated with the BIG FOUR Bridge and its approach in the Louisville side, Waterfront Park, part of the Project. 3. Designate in writing a person to act as Owner's representative, such person to have complete authority to transmit instructions, receive information, and interpret and define Owner's decisions with respect to HNTB's Services for the Project. 4. Render decisions and approvals as promptly as necessary to allow for the expeditious performance of HNTB's Services, specifically stated in the Attachment (B) Schedule. 5. Make Owner's facilities available to HNTB as required for performance of the Services under this Agreement, and provide labor and safety equipment required for access. 6. Give prompt written notice to HNTB whenever Owner becomes aware of any development that does or may affect the scope or timing of HNTB's Services, or any defect in the Services of HNTB or its subconsultants, or the work of construction Contractors. 7. Advise HNTB of the identity and scope of services of any independent consultants retained by Owner to provide services in regard to the Project. Unless otherwise provided in this Agreement, Owner shall bear all costs incident to compliance with the above items. Attachment D Page 1 of 1