HomeMy WebLinkAboutKrunchers Industrial Facility A G R E E M E N T
THIS AGREEMENT (the "Agreement ") is made and entered into this c21
day of
\.( , 2011 (the "Effective Date "), by and between the City of Jeffersonville, acting by
and through its proper officials ( "LOCAL PUBLIC AGENCY "), and Bernardin, Lochmueller and
Associates, Inc. ( "CONSULTANT ").
WITNESSETH
WHEREAS, the LOCAL PUBLIC AGENCY desires to contract for Professional Services, and
WHEREAS, CONSULTANT has expressed a willingness to perform said services,
NOW, THEREFORE, the parties hereto agree that CONSULTANT shall provide the services
and documents hereinafter described, in relation to the following described project: Krunchers
Industrial Facility in downtown Jeffersonville, Indiana (the "PROJECT ").
NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties
hereto mutually covenant and agree as follows:
Section I Basic Services by CONSULTANT
The basic services to be provided by CONSULTANT under this Agreement are as set forth in
Appendix "A" ( "Services ").
Section II Information and Services to be Furnished by the LOCAL PUBLIC AGENCY
The information and services to be furnished by the LOCAL PUBLIC AGENCY are as set forth
in Appendix "B ".
Section III Schedule
CONSULTANT shall begin the Services immediately and shall deliver the Services to the
LOCAL PUBLIC AGENCY in accordance with the Schedule contained in Appendix "C ". The LOCAL
PUBLIC AGENCY agrees that CONSULTANT is not responsible for damages arising directly or
indirectly from delays for causes beyond CONSULTANT'scontrol. In addition, if the delays resulting
from any such causes increase the cost or time by CONSULTANT to perform its Services in an
efficient manner, CONSULTANT shall be entitled to a reasonable adjustment in schedule and
compensation.
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Section IV Compensation
CONSULTANT shall receive payment for the Services performed under this Agreement as
set forth in Appendix "D ".
Section V General Provisions
1. Work Office
CONSULTANT shall perform the Services at its offices or at such other locations as may be
necessary or appropriate.
2. Standards of Performance
A. The standard of care for all professional services performed or furnished by
CONSULTANT under this Agreement will be the care and skill ordinarily used by
members of the respective profession practicing under similar circumstances at the
same time and in the same locality. CONSULTANT makes no warranties, express or
implied, under this Agreement or otherwise, in connection with CONSULTANT's
Services.
B. CONSULTANT shall be responsible for the technical accuracy of its Services and
documents resulting therefrom, and LOCAL PUBLIC AGENCY shall not be
responsible for discovering deficiencies therein. CONSULTANT shall correct any
deficiencies CONSULTANT discovers without additional compensation except to the
extent such action is directly attributable to deficiencies in LOCAL PUBLIC AGENCY -
furnished information.
C. CONSULTANT shall perform or furnish professional services in all phases of the
Project to which this Agreement applies. CONSULTANT shall serve as the LOCAL
PUBLIC AGENCY's prime professional for the Project. CONSULTANT may employ
such CONSULTANT consultants as CONSULTANT deems necessary to assist in the
performance or furnishing of the Services. CONSULTANT shall not be required to
employ any consultants unacceptable to CONSULTANT.
D. CONSULTANT and LOCAL PUBLIC AGENCY shall comply with applicable laws or
regulations and owner - mandated standards. This Agreement is based on these
requirements as of its Effective Date. Changes to these requirements after the
Effective Date of this Agreement may be the basis for modifications to LOCAL
PUBLIC AGENCY's responsibilities or to CONSULTANT's scope of services, times of
performance, or compensation.
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E. LOCAL PUBLIC AGENCY shall be responsible for, and CONSULTANT may rely upon,
the accuracy and completeness of all requirements, programs, instructions, reports,
data, and other information furnished by LOCAL PUBLIC AGENCY to CONSULTANT
pursuant to this Agreement. CONSULTANT may use such requirements, reports,
data, and information in performing or furnishing services under this Agreement.
F. CONSULTANT shall not be required to sign any documents, no matter by whom
requested, that would result in CONSULTANT's having to certify, guarantee or
warrant the existence of conditions whose existence CONSULTANT cannot
ascertain. LOCAL PUBLIC AGENCY agrees not to make resolution of any dispute
with CONSULTANT or payment of any amount due to CONSULTANT in any way
contingent upon CONSULTANT's signing any such certification.
G. CONSULTANT shall not be responsible for the acts or omissions of any contractor(s),
subcontractor or supplier, or any of the contractor's agents or employees or any
other persons (except CONSULTANT's own employees) at the site or otherwise
furnishing or performing any of the contractor's work; or for any decision made on
interpretations or clarifications of any contract for construction, general conditions,
supplemental conditions, change orders, and related documents (the "Contract
Documents ") given by LOCAL PUBLIC AGENCY without consultation and advice of
CONSULTANT.
3. Authorized Proiect Representatives
Contemporaneous with the execution of this agreement, CONSULTANT and LOCAL PUBLIC
AGENCY shall designate specific individuals to act as CONSULTANT's and LOCAL PUBLIC
AGENCY'S representatives with respect to the Services to be performed or furnished by
CONSULTANT and responsibilities of LOCAL PUBLIC AGENCY under this Agreement. Such
individuals shall have authority to transmit instructions, receive information, and render
decisions relative to the Project on behalf of each respective party.
4. Ownership of Documents
All documents, including tracings, drawings, reports, estimates, specifications, field notes,
investigations, studies, etc., shall be considered as instruments of service, and shall remain
the property of CONSULTANT. During the performance of the Services herein provided for,
CONSULTANT shall be responsible for any loss or damage to the documents which it
caused, herein enumerated, while they are in its possession and any such loss or damage
shall be restored at its expense. Full access to the Services during the progress of the
Services shall be available to LOCAL PUBLIC AGENCY. LOCAL PUBLIC AGENCY shall not
reuse or make any modification to the construction documents without the prior written
authorization of CONSULTANT. LOCAL PUBLIC AGENCY agrees, to the fullest extent
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permitted by law, to defend, indemnify and hold harmless CONSULTANT, its officers,
directors, employees and subconsultants (collectively, "CONSULTANT ") against any
damages, liabilities or costs, including reasonable attorneys' fees and defense costs arising
from, or allegedly arising from or in any way connected with, the unauthorized reuse or
modification of the construction documents by LOCAL PUBLIC AGENCY or any person or
entity that acquires or obtains the construction documents from or through the LOCAL
PUBLIC AGENCY without the written authorization of CONSULTANT. Under no
circumstances shall the transfer of ownership of CONSULTANT's drawings, specifications,
electronic files or other instruments of service be deemed a sale by CONSULTANT, and
CONSULTANT makes no warranties, either express or implied, of merchantability and
fitness for any particular purpose, nor shall such transfer be construed or regarded as any
waiver or other relinquishment of CONSULTANT's copyrights in any of the foregoing, full
ownership of which shall remain with CONSULTANT, absent CONSULTANT's express prior
written consent.
5. Access to Records
CONSULTANT and its subcontractors shall maintain all books, documents, papers,
accounting records and other evidence pertaining to the cost incurred and shall make such
materials available at its respective offices at all reasonable times during the period of this
Agreement and for three (3) years from the date of final payment under the terms of this
Agreement, for inspection by the LOCAL PUBLIC AGENCY and copies thereof shall be
furnished if requested.
6. Compliance with State and Other Laws
CONSULTANT specifically agrees that in performance of the Services herein enumerated by
it or by a subconsultant contractor or anyone acting in behalf of either, that it or they will
exercise reasonable skill and care in its efforts to comply with applicable State, Federal, and
Local Statutes, Ordinances and Regulations and assist the LOCAL PUBLIC AGENCY in
obtaining all permits that are applicable to the entry into and the performance of this
Agreement.
7. Allocation of Risks — Indemnification
A. To the fullest extent permitted by law, CONSULTANT shall indemnify and hold
harmless LOCAL PUBLIC AGENCY, LOCAL PUBLIC AGENCY's officers, directors,
partners, and employees from and against any and all costs, losses, and damages
(including but not limited to all reasonable fees and charges of engineers,
architects, attorneys, and other professionals, and all court or arbitration or other
dispute resolution costs) caused solely by the negligent acts or omissions of
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CONSULTANT or CONSULTANT's officers, directors, partners, employees, and its
consultants in the performance and furnishing of CONSULTANT's services under this
Agreement.
B. To the fullest extent permitted by law, LOCAL PUBLIC AGENCY shall indemnify and
hold harmless CONSULTANT, CONSULTANT's officers, directors, partners,
employees and CONSULTANT's consultants from and against any and all costs,
losses, and damages (including but not limited to all fees and charges of engineers,
architects, attorneys, and other professionals, and all court or arbitration or other
dispute resolution costs) caused solely by the negligent acts or omissions of LOCAL
PUBLIC AGENCY or LOCAL PUBLIC AGENCY's officers, directors, partners,
employees, and LOCAL PUBLIC AGENCY's consultants with respect to this
Agreement or the Project.
C. To the fullest extent permitted by law, CONSULTANT's total liability to LOCAL
PUBLIC AGENCY and anyone claiming by, through, or under LOCAL PUBLICAGENCY
for any cost, loss, or damages caused in part bythe negligence of CONSULTANT and
in part by the negligence of LOCAL PUBLIC AGENCY or any other negligent entity or
individual, shall not exceed the percentage share that CONSULTANT's negligence
bears to the total negligence of LOCAL PUBUC AGENCY, CONSULTANT, and all other
negligent entities and individuals.
D. In addition to the indemnity provided under Paragraph 7 (B) above, and to the
fullest extent permitted by law, LOCAL PUBLIC AGENCY shall indemnify and hold
harmless CONSULTANT and its officers, directors, partners, employees, and
CONSULTANT's consultants from and against all costs, losses, and damages
(including but not limited to all fees and charges of engineers, architects, attorneys,
and other professionals, and all court or arbitration or other dispute resolution
costs) caused by, arising out of or resulting from the presence at the site of
asbestos, polychlorinated biphenyls, petroleum, hazardous waste (42 USC Sec.
6903) or radioactive materials (42 USC Sec. 2011) in such quantities or
circumstances that may represent a substantial danger to persons or property
exposed thereto in connection with the Work (the "Hazardous Environmental
Condition "), provided that (i) any such cost, loss, or damage is attributable to bodily
injury, sickness, disease, or death, or to injury to or destruction of tangible property
(other than completed Work), including the Toss of use resulting therefrom, and (ii)
nothing in this Paragraph 7(D) shall obligate LOCAL PUBLIC AGENCY to indemnify
any individual or entity from and against the consequences of that individual's or
entity's own negligence or willful misconduct.
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8. Waiver
LOCAL PUBLIC AGENCY and CONSULTANT further agree to waive, on behalf of their assigns,
employees, agents, and successors -in- interest, any and all consequential damages arising
out of their responsibilities hereunder.
9. Status of Claims
CONSULTANT shall be responsible for keeping the LOCAL PUBLIC AGENCY currently advised
as to the status of any claims made for damages against CONSULTANT which are known
resulting from services performed under this Agreement. CONSULTANT shall send notice
of claims related to Services under this Agreement to LOCAL PUBLIC AGENCY within thirty
(30) days.
10. Dispute Resolution - Jurisdiction and Venue
If disputes arise between LOCAL PUBLIC AGENCY and CONSULTANT during the course of
the Project, or following completion of the Project, which are not resolved within three (3)
weeks after a demand for direct negotiation, the parties agree that all disputes between
them arising out or relating to this Agreement or the Project shall be submitted to non-
binding mediation, unless the parties mutually agree otherwise, with mediation conducted
in Evansville, Indiana. If the parties do not agree on a mediator within ten (10) days after
demand for mediation, either party may request the American Arbitration Association to
appoint a mediator who shall be an attorney having substantial experience in construction
law issues. If the mediator is unable to facilitate a settlement of disputes within forty -five
(45) days of his /her appointment, the mediator shall issue a written statement to the
parties to that effect and the aggrieved party may then seek relief through litigation. Any
such litigation shall be resolved without the assistance of a jury, and each party hereby
waives trial by jury in any claim whether in contract or tort, at law or in equity, arising out
of or in any way related to this Agreement. If the parties are not able to settle the dispute
through mediation, then It is understood that both parties hereto agree and consent to the
exercise of jurisdiction over any matter or dispute arising in connection with this
Agreement in a state court sitting in Vanderburgh County, Indiana.
11. Worker's Compensation and Liability Insurance
CONSULTANT shall procure and maintain, until final payment by LOCAL PUBLIC AGENCY for
the Services covered by this Agreement, insurance of the kinds and in the amounts
hereinafter provided in insurance companies authorized to do such business in the State of
Indiana covering all operations under this Agreement whether performed by it or by its
subcontractor. CONSULTANT shall furnish a certificate or certificates in a form satisfactory
to LOCAL PUBLIC AGENCY, showing that this section has been complied with. During the
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term of this Agreement, CONSULTANT shall furnish LOCAL PUBUC AGENCY with certificates
showing that the required insurance coverage is maintained. The certificate or certificates
shall provide that the policies shall not be changed or canceled until ten (10) days written
notice has been given to the LOCAL PUBLIC AGENCY. In the event that such written notice
of change or cancellation is given, LOCAL PUBLIC AGENCY may, at its option, terminate this
Agreement and no further compensation shall, in such case, be made to CONSULTANT.
The kinds and amounts of insurance required are as follows:
A. Policy covering the obligations of CONSULTANT in accordance with the provisions of
the Worker's Compensation law. This Agreement shall be void and of no effect
unless CONSULTANT procures such policy and maintains it until acceptance of the
Services.
B. Commercial General Liability Insurance (naming the LOCAL PUBLIC AGENCY as an
additional insured) with limits of liability to be not Tess than $1,000,000 per
occurrence, including bodily injury and property damage, and not less than
$2,000,000 aggregate.
C. Commercial Automobile Liability Insurance, including hired or non -owned vehicles
with limits of liability of not less than $1,000,000 for each accident.
D. Professional Liability Insurance in the amount of at least $1,000,000 per claim and
aggregate.
12. Changes in the Services
In the event the LOCAL PUBLIC AGENCY requires change in the Services, after the Services
have progressed as directed by the LOCAL PUBLIC AGENCY, adjustments in compensation
to CONSULTANT, and in time for performance of the Services as modified, shall be
determined by the LOCAL PUBLIC AGENCY in consultation with CONSULTANT and
CONSULTANT shall not commence the change of scope of the Services until a supplemental
agreement is executed and CONSULTANT is authorized in writing by the LOCAL PUBLIC
AGENCY.
13. Termination
The obligation to provide further services under this Agreement may be terminated by
either party upon thirty (30) days written notice from receipt in the event of substantial
failure by the other party to perform in accordance with the terms hereof through no fault
of the terminating party. If the services of this Agreement are terminated, CONSULTANT
shall deliver to the LOCAL PUBLIC AGENCY all data, reports, drawings, specifications and
estimates completed or partially completed and these shall become the property of the
LOCAL PUBUC AGENCY. The earned value of the Services performed shall be based upon
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an estimate of the portions of the total services as have been rendered by CONSULTANT to
the date of termination and which estimate shall be as made by the LOCAL PUBLIC AGENCY
in consultation with CONSULTANT for all Services to be paid for on a lump sum basis.
14. Non - Discrimination
Pursuant to I.C. 22- 9 -1 -10, CONSULTANT and its subcontractors, if any, shall not
discriminate against any employee or applicant for employment, to be employed in
performance of the services under this Agreement, with respect to hire, tenure, terms,
conditions or privileges of employment or any matter directly or indirectly related to
employment, because of race, color, religion, sex, handicap, national origin or ancestry.
Breach of this covenant may be regarded as a material breach of the Agreement.
15. Successors and Assignees
The LOCAL PUBLIC AGENCY, insofar as authorized by law, binds itself and its successors,
and CONSULTANT binds its successors, executors, administrators and assignees, to the
other party of this Agreement and to the successors, executors, administrators and
assignees of such other party, as the case may be insofar as authorized by law, in respect to
all covenants of this Agreement. Neither party may assign its rights or obligations under
this Agreement without the written consent of the other party.
16. Entire Agreement — Supplements
This Agreement, together with the Appendices attached hereto, constitutes the entire
agreement between the parties. This Agreement may only be amended, supplemented or
modified by a written document executed in the same manner as this Agreement.
17. Duration of Agreement
If the basic Services covered in this Agreement have not been completed in accordance
with the Schedule set forth in Appendix "C" of this Agreement, through no fault of
CONSULTANT, extension of CONSULTANT's services beyond that time shall be revised,
through mutual agreement, to include compensation for inflationary adjustments.
18. Hazardous Environmental Condition
A. LOCAL PUBLIC AGENCY represents to CONSULTANT that to the best of its
knowledge a Hazardous Environmental Condition does not exist.
B. LOCAL PUBLIC AGENCY has disclosed to the best of its knowledge to CONSULTANT
the existence of all asbestos, PCB's, petroleum, hazardous waste, or radioactive
material located at or near the Site, including type, quantity and location.
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C. If a Hazardous Environmental Condition is encountered or alleged, CONSULTANT
shall have the obligation to notify LOCAL PUBLIC AGENCY and, to the extent of
applicable laws and regulations, appropriate governmental officials.
D. If CONSULTANT's scope of services does not include any services related to a
Hazardous Environmental Condition and in the event CONSULTANT or any other
party encounters a Hazardous Environmental Condition, CONSULTANT may, at its
option and without liability for consequential or any other damages, suspend
performance of Services on the portion of the Project affected thereby until LOCAL
PUBLIC AGENCY: (1) retains appropriate specialist consultant(s) or contractor(s) to
identify and, as appropriate, abate, remediate, or remove the Hazardous
Environmental Condition, and (ii) warrants that the Site is in full compliance with
applicable laws and regulations.
E. LOCAL PUBLIC AGENCY acknowledges that CONSULTANT is performing professional
services for LOCAL PUBLIC AGENCY and that CONSULTANT is not and shall not be
required to become an "arranger", "operator", "generator", or "transporter" of
hazardous substances, as defined in the comprehensive Environmental Response,
Compensation, and Liability Act of 1990 (CERCLA), which are or may be
encountered at or near the Site in connection with CONSULTANT's activities under
this Agreement.
F. If CONSULTANT's services under this Agreement cannot be performed because of a
Hazardous Environmental Condition, the existence of the condition shall justify
CONSULTANT's terminating this Agreement for cause on thirty (30) days notice.
19. Notices
All written notices required by this Agreement shall be sent to the parties at the following
addresses by certified mail, return receipt requested:
If to CONSULTANT: Bernardin, Lochmueller and Associates, Inc.
3502 Woodview Trace, Suite 150
Indianapolis, Indiana 46268 -3182
If to LOCAL PUBLIC AGENCY: City of Jeffersonville
500 Quartermaster Court, Suite 300
Jeffersonville, Indiana 47130
20. Governing Law
Where permitted by law, this Agreement shall be interpreted and enforced according to
the laws of the State of Indiana, without resort to its conflict of laws rules.
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The undersigned attests, subject by the penalties for perjury, that it is the contract party,
or that it is the representative, agent, member or officer of CONSULTANT, that it has not,
nor has any other member, employee, representative, agent or officer of the firm,
company, corporation or partnership represented by it, directly or indirectly, to the best of
its knowledge, entered into or offered to enter into any combination, collusion of
agreement to receive or pay, and that it has not received or paid, any sum of money or
other consideration for the execution of this Agreement other than that which appears
upon the face of the Agreement.
IN WITNESS WHEREOF, the parties have hereunto executed this Agreement the day and
year first above written.
BERNARDIN, LOCHMUELLER AND ASSOCIATES, INC. CITY OF JEFFERSONVILLE, INDIANA
By B /- /C
Patrick T. Tamm, Managing Director homas Galligan, al
ATTEST: ATTEST: /
By By le /// 4
Carl D. Camacho
Director of Transportation Planning //
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Date Date
APPRO &V 0 E ALITY AND RM
Signs re /
aerre 7-021-11
(Name and Title) f (Date)
CITY OF JEFFERSONVILLE Page 10 of 11 210-0106-0HY
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ACKNOWLEDGMENT
STATE OF INDIANA
) SS:
COUNTY OF VANDERBURGH
Before me, the undersigned Notary Public in and for said County personally appeared
Patrick T. Tamm and Carl D. Camacho and each acknowledged the execution of the foregoing
agreement on this day of 2011.
Witness my hand and seal the said last named date.
My Commission Expires:
Q� ,5,:1.7z „20/D Signature of Notary Public
County of Residence: / .. . ..� a iiini
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Print or type name
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ACKNOWLEDGMENT
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STATE OF ® .�1r�V,GQ/t Q
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) SS:
COUNTY OF )
Before me, the undersigned Notary Public in and for said County personally appeared
Thomas Galligan, Mayor and acknowledged the execution of the foregoing agreement on this
,2 d ay of V/ , 2011.
Witness my hand and seal the said last named date.
My Commission Expires: Signature of Notary Public
A- a2 -/1 , /14_, 4. - -
C un of Residence: ,WA,4 S UL F L44 & e4,)0
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APPENDIX "A"
PROJECT DESCRIPTION AND SCOPE OF SERVICES
1.0 PROJECT DESCRIPTION
The Krunchers industrial facility is located north of downtown Jeffersonville and east of 1 -65.
Currently, semi -truck traffic access the facility from the southeast off Pennsylvania Street. In order
to enter the property, trucks must make two right angle turns in close proximity. Because of the
sharp turning movements, the wheel paths of the trucks are encroaching into lawns and damaging
them.
The City of Jeffersonville is proposing to construct a new industrial driveway off Spring Street to
replace the Pennsylvania Street entrance. The new drive will be opposite the Fairview
Avenue /Spring Street intersection. A northbound right turn lane will be added to Spring Street. The
industrial driveway will accommodate a left turn lane and through /right lane.
2.0 SCOPE OF SERVICES
CONSULTANT shall provide the following preliminary engineering services for the new industrial
entrance for Krunchers at Spring Street:
2.1 Traffic Signal Design
2.1.1 Traffic Signal Field Check Plans (35% Complete): CONSULTANT shall prepare, in
accordance with INDOTstandards and guidelines for roadway projects, a set of traffic
signal Field Check Plans, quantities, an opinion of probable construction costs and
special provisions for the intersection of Spring Street and the new Krunchers
Entrance assuming that all traffic signal equipment, conduit, wiring, controllers, signal
heads, etc., will be new.
2.1.2 Traffic Signal Final Plans (100% Complete): CONSULTANTshall prepare, in accordance
with INDOT standards and guidelines for roadway projects, a set of traffic signal Final
Plans (100% Complete), quantities, an opinion of probable construction cost and
special provisions for the intersection of Spring Street and the new Krunchers
Entrance assuming that all traffic signal equipment, conduit, wiring, controllers, signal
heads, etc., will be new.
3.0 SERVICES NOT PROVIDED BY CONSULTANT
The services not provided by the CONSULTANT under this agreement include, but are not limited to,
the following:
3.1 Topographic Survey Data Collection
3.2 Road Design Plans
3.3 Utility Coordination
3.4 Traffic Counts
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3.5 Construction Inspection /Observation
3.6 Geotechnical Investigation
3.7 Hazardous Materials Investigation
3.11 Permitting Services associated with USACE Section 404 Permit
3.12 Permitting Services associated with IDEM 401 Water Quality Certification
3.13 Rule 5 Inspections and Reporting
3.14 Permitting Services associates with local permits
3.15 Public Involvement Activities
3.16 Stormwater Detention and /or Retention Design
3.17 Sanitary Sewer Design
3.18 Traffic Signal Timing Services or Interconnect System Design
3.19 Street Lighting Design
3.20 Retaining Wall Design
3.21 Subsurface Utility Engineering (SUE)
3.22 Right -of -Way Engineering and Acquisition Services
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CITY OF JEFFERSONVILLE Page 2 of 2 APPENDIX "A"
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APPENDIX "B"
INFORMATION AND SERVICES TO BE FURNISHED BY LOCAL PUBLIC AGENCY
The LOCAL PUBLIC AGENCY shall furnish the CONSULTANT with the following:
A. A designated employee as Project Coordinator to coordinate activities between CONSULTANT,
Contractor and the LOCAL PUBLIC AGENCY.
B. Digital files of the topographic survey and road design
C. Information related to utility relocations
D. Assistance in obtaining property owner information, deeds, plans of adjacent developments ,section
corner information, and any other pertinent information necessary to perform work under this
Agreement.
E. Criteria for design and details for signs, signals, highways and structures such as grades, curves, sight
distances, clearances, design loadings, etc.
F. Specifications and standard drawings applicable to the project
G. Plans of existing structures and roads within the project limits, if available
H. All written reviews pertinent to the project that are received by the LOCAL PUBLIC AGENCY
Right -of -Way Engineering and Acquisition Services
J. Actual relocation and land acquisition costs
X. Traffic assignments
L. Available data from the transportation planning process
M. Utility plans available to the LPA covering utility facilities, the location of signals and underground
conduits throughout the affected areas
N. Guarantee access to enter upon public and private lands as required for the CONSULTANT under this
Agreement.
0. All legal services as may be required for development of the project
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CITY OF JEFFERSONVILLE Page 1 of 1 APPENDIX "B"
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APPENDIX "C"
SCHEDULE
No work under this Contract shall be performed by the CONSULTANT until the CONSULTANT receives a
written notice to proceed from the LOCAL PUBLIC AGENCY.
All work by the CONSULTANT performed under Section 2.1 of Appendix "A" of this Agreement shall be
completed and delivered to the LOCAL PUBLIC AGENCY for review and approval, if required, within the
following time periods, but no later than 90 calendar days; exclusive of review time by the LOCAL PUBLIC
AGENCY.
For the purpose of contract control, the work under Section 2.1 of Appendix "A of this Agreement shall be
submitted by the CONSULTANT to the LOCAL PUBLIC AGENCY for review and approval within the following
approximate time periods:
TASK PROJECT SCHEDULE
(Calendar Days)
Field Check Plans (35% Complete) 45 days after receiving Field Survey and
Provision of Preliminary Roadway Plans
Final Plans (10096) 45 days after LOCAL PUBLIC AGENCY Approval of Field Check Plans
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APPENDIX "D"
COMPENSATION
A. Amount of Payment
1. The CONSULTANT shall receive as payment for the services performed under this
Agreement the total fee not to exceed Fifteen Thousand Six Hundred Dollars ($15,600.00)
unless a modification of the Agreement is approved in writing by the LOCAL PUBLIC
AGENCY.
2. The CONSULTANT shall be paid for the services performed under Section 2.1 of Appendix
"A" of this Agreement based on the lump sum basis per following schedule:
a. Traffic Signal Design $15,600.00
B. Method of Payment:
1. The CONSULTANT may submit a maximum of one invoice voucher per calendar month for
work covered under this Agreement. The invoice voucher shall be submitted to the LOCAL
PUBUC AGENCY. The invoice voucher shall represent the value, to the LOCAL PUBLIC
AGENCY, of the partially completed work as of the date of the invoice voucher. The
CONSULTANT shall attach thereto a summary of each pay item, percentage completed of
lump sum items and prior payments in a form acceptable to the LOCAL PUBLIC AGENCY.
2. The LOCAL PUBUC AGENCY, for and in consideration of the rendering of the engineering
services provided for in Appendix "A ", agrees to pay the CONSULTANT for rendering such
services the fee established above in the following manner:
a. For completed work, and upon receipt of invoices from the CONSULTANT and the
approval thereof by the LOCAL PUBLIC AGENCY, payments covering the work
performed shall be due and payable to the CONSULTANT. From the partial
payment thus computed, there shall be deducted all previous partial fee payments
made to the CONSULTANT.
3. In the event of a substantial change in the scope, character or complexityof the workon the
project, the maximum fee payable and the specified fee shall be adjusted in accordance
with Section 12, Changes in the Services, of the General Provisions, set out in this
Agreement.
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CITY OF JEFFERSONVILLF Page 1 of 1 APPENDIX "D"
210-01060HY