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HomeMy WebLinkAboutreconstruction for 10th street Version 4 -4 -2013 . LPA - CONSULTING CONTRACT This Contract ( "this Contract ") is made and entered into effective as of OC4. 30, 2013 ( "Effective Date ") by and between City of Jeffersonville, acting by and through its proper officials ( "LOCAL PUBLIC AGENCY" or "LPA "), and United Consulting ( "the CONSULTANT "), a corporation organized under the laws of the State of Indiana. Des. No.: 0810280 Project Description: Right -of -way services for the reconstruction of 10th Street from 146 feet northeast of Penn Street to 433 feet northeast of Reeds Lane. In the City of Jeffersonville RECITALS WHEREAS, the LPA has entered into an agreement to utilize federal monies with the Indiana Department of Transportation ( "INDOT ") for a transportation or transportation enhancement project ( "the Project "), which Project Coordination Contract is herein attached as Attachment 1 and incorporated as reference; and WHEREAS, the LPA wishes to hire the CONSULTANT to provide services toward the Project completion more fully described in Appendix "A" attached hereto ( "Services "); WHEREAS, the CONSULTANT has extensive experience, knowledge and expertise relating to these Services; and WHEREAS, the CONSULTANT has expressed a willingness to furnish the Services in connection therewith. NOW, THEREFORE, in consideration of the following mutual covenants, the parties hereto mutually covenant and agree as follows: The "Recitals" above are hereby made an integral part and specifically incorporated into this Contract. SECTION I SERVICES BY CONSULTANT. The CONSULTANT will provide the Services and deliverables described in Appendix "A" which is herein attached to and made an integral part of this Contract. SECTION II INFORMATION AND SERVICES TO BE FURNISHED BY THE LPA. The information and services to be furnished by the LPA are set out in Appendix "B" which is herein attached to and made an integral part of this Contract. SECTION III TERM. The term of this Contract shall be from the date of the last signature affixed to this Contract to the completion of the construction contract which is estimated to be FY 2017. A schedule for completion of the Services and deliverables is set forth in Appendix "C" which is herein attached to and made an integral part of this Contract. SECTION IV COMPENSATION. The LPA shall pay the CONSULTANT for the Services performed under this Contract as set forth in Appendix "D" which is herein attached to and made an integral part of this Contract. The maximum amount payable under this Contract shall not exceed $ 1,005,764.00. SECTION V NOTICE TO PROCEED AND SCHEDULE. The CONSULTANT shall begin the work to be performed under this Contract only upon receipt of the written notice to proceed from the LPA, and shall deliver the work to the LPA in accordance with the schedule contained in Appendix "C" which is herein attached to and made an integral part of this Contract. 1 Version 4 -4 -2013 SECTION VI GENERAL PROVISIONS 1. Access to Records. The CONSULTANT and any SUB - CONSULTANTS shall maintain all books, documents, papers, correspondence, accounting records and other evidence pertaining to the cost incurred under this Contract, and shall make such materials available at their respective offices at all reasonable times during the period of this Contract and for five (5) years from the date of final payment under the terms of this Contract, for inspection or audit by the LPA, INDOT and/or the Federal Highway Administration ( "FHWA ") or its authorized representative, and copies thereof shall be furnished free of charge, if requested by the LPA, INDOT, and/or FHWA. The CONSULTANT agrees that, upon request by any agency participating in federally - assisted programs with whom the CONSULTANT has contracted or seeks to contract, the CONSULTANT may release or make available to the agency any working papers from an audit performed by the LPA, INDOT and/or FHWA of the CONSULTANT and its SUB - CONSULTANTS in connection with this Contract, including any books, documents, papers, accounting records and other documentation which support or form the basis for the audit conclusions and judgments. 2. Assignment; Successors. A. The CONSULTANT binds its successors and assignees to all the terms and conditions of this Contract. The CONSULTANT shall not assign or subcontract the whole or any part of this Contract without the LPA's prior written consent, except that the CONSULTANT may assign its right to receive payments to such third parties as the CONSULTANT may desire without the prior written consent of the LPA, provided that the CONSULTANT gives written notice (including evidence of such assignment) to the LPA thirty (30) days in advance of any payment so assigned. The assignment shall cover all unpaid amounts under this Contract and shall not be made to more than one party. B. Any substitution of SUB - CONSULTANTS must first be approved and receive written authorization from the LPA. Any substitution or termination of a Disadvantaged Business Enterprise ( "DBE ") SUB - CONSULTANT must first be approved and receive written authorization from the LPA and INDOT's Economic Opportunity Division Director. 3. Audit. The CONSULTANT acknowledges that it may be required to submit to an audit of funds paid through this Contract. Any such audit shall be conducted in accordance with 48 CFR part 31 and audit guidelines specified by the State and/or in accordance with audit requirements specified elsewhere in this Contract. 4. Authority to Bind Consultant. The CONSULTANT warrants that it has the necessary authority to enter into this Contract. The signatory for the CONSULTANT represents that he /she has been duly authorized to execute this Contract on behalf of the CONSULTANT and has obtained all necessary or applicable approval to make this Contract fully binding upon the CONSULTANT when his /her signature is affixed hereto. 5. Certification for Federal -Aid Contracts Lobbying Activities. A. The CONSULTANT certifies, by signing and submitting this Contract, to the best of its knowledge and belief after diligent inquiry, and other than as disclosed in writing to the LPA prior to or contemporaneously with the execution and delivery of this Contract by the CONSULTANT, the CONSULTANT has complied with Section 1352, Title 31, U.S. Code, and specifically, that: i. No federal appropriated funds have been paid, or will be paid, by or on behalf of the CONSULTANT 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 contracts, the making of any federal grant, the making of any federal loan, the 2 . Version 4 -4 -2013 . entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. ii. 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. B. The CONSULTANT also agrees by signing this Contract 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 sub - recipients 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. 6. Changes in Work. The CONSULTANT shall not commence any additional work or change the scope of the work until authorized in writing by the LPA. The CONSULTANT shall make no claim for additional compensation or time in the absence of a prior written approval and amendment executed by all signatories hereto. This Contract may be amended, supplemented or modified only by a written document executed in the same manner as this Contract. The CONSULTANT acknowledges that no claim for additional compensation or time may be made by implication, oral agreements, actions, inaction, or course of conduct. 7. Compliance with Laws. A. The CONSULTANT shall comply with all applicable federal, state and local laws, rules, regulations and ordinances, and all provisions required thereby to be included herein are hereby incorporated by reference. If the CONSULTANT violates such rules, laws, regulations and ordinances, the CONSULTANT shall assume full responsibility for such violations and shall bear any and all costs attributable to the original performance of any correction of such acts. The enactment of any state or federal statute, or the promulgation of regulations thereunder, after execution of this Contract shall be reviewed by the LPA and the CONSULTANT to determine whether formal modifications are required to the provisions of this Contract. B. The CONSULTANT represents to the LPA that, to the best of the CONSULTANT'S knowledge and belief after diligent inquiry and other than as disclosed in writing to the LPA prior to or contemporaneously with the execution and delivery of this Contract by the CONSULTANT: i State of Indiana Actions. The CONSULTANT has no current or outstanding criminal, civil, or enforcement actions initiated by the State of Indiana pending and agrees that it will immediately notify the LPA of any such actions. During the term of such actions, CONSULTANT agrees that the LPA may delay, withhold, or deny work under any supplement or amendment, change order or other contractual device issued pursuant to this Contract. ii. Professional Licensing Standards. The CONSULTANT, its employees and SUBCONSULTANTS have complied with and shall continue to comply with all applicable licensing standards, certification standards, accrediting standards and any other laws, rules or regulations governing services to be provided by the CONSULTANT pursuant to this Contract. 3 Version 4 -4 -2013 , iii. Work Specific Standards. The CONSULTANT and its SUB - CONSULTANTS, if any, have obtained, will obtain and/or will maintain all required permits, licenses, registrations and approvals, as well as comply with all health, safety, and environmental statutes, rules, or regulations in the performance of work activities for the LPA. iv. Secretary of State Registration. If the CONSULTANT is an entity described in IC Title 23, it is properly registered and owes no outstanding reports with the Indiana Secretary of State. v. Debarment and Suspension of CONSULTANT. Neither the CONSULTANT nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from entering into this Contract by any federal agency or by any department, agency or political subdivision of the State and will immediately notify the LPA of any such actions. The term "principal" for purposes of this Contract means an officer, director, owner, partner, key employee, or other person with primary management or supervisory responsibilities, or a person who has a critical influence on or substantive control over the operations of the CONSULTANT or who has managerial or supervisory responsibilities for the Services. vi. Debarment and Suspension of any SUB - CONSULTANTS. The CONSULTANT's SUB - CONSULTANTS are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from entering into this Contract by any federal agency or by any department, agency or political subdivision of the State. The CONSULTANT shall be solely responsible for any recoupment, penalties or costs that might arise from the use of a suspended or debarred SUBCONSULTANT. The CONSULTANT shall immediately notify the LPA and INDOT if any SUB - CONSULTANT becomes debarred or suspended, and shall, at the LPA's request, take all steps required by the LPA to terminate its contractual relationship with the SUB - CONSULTANT for work to be performed under this Contract. C. Violations. In addition to any other remedies at law or in equity, upon CONSULTANT' S violation of any of Section 7(A) through 7(B), the LPA may, at its sole discretion, do any one or more of the following: i. terminate this Contract; or ii. delay, withhold, or deny work under any supplement or amendment, change order or other contractual device issued pursuant to this Contract. D. Disputes. If a dispute exists as to the CONSULTANT's liability or guilt in any action initiated by the LPA, and the LPA decides to delay, withhold, or deny work to the CONSULTANT, the CONSULTANT may request that it be allowed to continue, or receive work, without delay. The CONSULTANT must submit, in writing, a request for review to the LPA. A determination by the LPA under this Section 7.D shall be final and binding on the parties and not subject to administrative review. Any payments the LPA may delay, withhold, deny, or apply under this section shall not be subject to penalty or interest under IC 5 -17 -5. 8. Condition of Payment. The CONSULTANT must perform all Services under this Contract to the LPA's reasonable satisfaction, as determined at the discretion of the LPA and in accordance with all applicable federal, state, local laws, ordinances, rules, and regulations. The LPA will not pay for work not performed to the LPA's reasonable satisfaction, inconsistent with this Contract or performed in violation of federal, state, or local law (collectively, "deficiencies ") until all deficiencies are remedied in a timely manner. 4 Version 4-4 -2013 9. Confidentiality of LPA Information. A. The CONSULTANT understands and agrees that data, materials, and information disclosed to the CONSULTANT may contain confidential and protected information. Therefore, the CONSULTANT covenants that data, material, and information gathered, based upon or disclosed to the CONSULTANT for the purpose of this Contract, will not be disclosed to others or discussed with third parties without the LPA's prior written consent. B. The parties acknowledge that the Services to be performed by the CONSULTANT for the LPA under this Contract may require or allow access to data, materials, and information containing Social Security numbers and maintained by the LPA in its computer system or other records. In addition to the covenant made above in this section and pursuant to 10 IAC 5- 3 -1(4), the CONSULTANT and the LPA agree to comply with the provisions of IC 4 -1 -10 and IC 4 -1 -11. If any Social Security number(s) is /are disclosed by the CONSULTANT, the CONSULTANT agrees to pay the cost of the notice of disclosure of a breach of the security of the system in addition to any other claims and expenses for which it is liable under the terms of this Contract. 10. 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 Contract. Such delays, if any, shall be compensated for by an extension of time for such period as may be determined by the LPA subject to the CONSULTANT's approval, it being understood, however, that permitting the CONSULTANT to proceed to complete any services, or any part of them after the date to which the time of completion may have been extended, shall in no way operate as a waiver on the part of the LPA of any of its rights herein. In the event of substantial delays or extensions, or change of any kind, not caused by the CONSULTANT, which causes a material change in scope, character or complexity of work the CONSULTANT is to perform under this Contract, the LPA at its sole discretion shall determine any adjustments in compensation and in the schedule for completion of the Services. CONSULTANT must notify the LPA in writing of a material change in the work immediately after the CONSULTANT first recognizes the material change. 11. DBE Requirements. A. Notice is hereby given to the CONSULTANT and any SUB - CONSULTANT, and both agree, that failure to carry out the requirements set forth in 49 CFR Sec. 26.13(b) shall constitute a breach of this Contract and, after notification and failure to promptly cure such breach, may result in termination of this Contract or such remedy as INDOT deems appropriate. The referenced section requires the following assurance to be included in all subsequent contracts between the CONSULTANT and any SUB - CONSULTANT: The CONSULTANT, sub recipient or SUB - CONSULTANT shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Contract. The CONSULTANT shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT - assisted contracts. Failure by the CONSULTANT to carry out these requirements is a material breach of this Contract, which may result in the termination of this Contract or such other remedy, as INDOT, as the recipient, deems appropriate. B. The CONSULTANT shall make good faith efforts to achieve the DBE percentage goal that may be included as part of this Contract with the approved DBE SUB - CONSULTANTS identified on its Affirmative Action Certification submitted with its Letter of Interest, or with approved amendments. Any changes to a DBE firm listed in the Affirmative Action Certification must be requested in writing and receive prior approval by the LPA and INDOT's Economic Opportunity Division Director. After this Contract is completed and if a DBE SUB - CONSULTANT has performed services thereon, the CONSULTANT must complete, and return, a Disadvantaged Business Enterprise Utilization Affidavit ( "DBE -3 Form ") to INDOT's 5 Version 4 -4 -2013 Economic Opportunity Division Director. The DBE -3 Form requires certification by the CONSULTANT AND DBE SUB - CONSULTANT that the committed contract amounts have been paid and received. 12. Non - Discrimination. A. Pursuant to I.C. 22- 9 -1 -10, the Civil Rights Act of 1964, and the Americans with Disabilities Act, the CONSULTANT shall not discriminate against any employee or applicant for employment, to be employed in the performance of work under this Contract, 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, ancestry or status as a veteran. Breach of this covenant may be regarded as a material breach of this Contract. Acceptance of this Contract also signifies compliance with applicable federal laws, regulations, and executive orders prohibiting discrimination in the provision of services based on race, color, national origin, age, sex, disability or status as a veteran. B The CONSULTANT understands that the LPA is a recipient of federal funds. Pursuant to that understanding, the CONSULTANT agrees that if the CONSULTANT employs fifty (50) or more employees and does at least $50,000.00 worth of business with the State and is not exempt, the CONSULTANT will comply with the affirmative action reporting requirements of 41 CFR 60- 1.7. The CONSULTANT shall comply with Section 202 of executive order 11246, as amended, 41 CFR 60 -250, and 41 CFR 60 -741, as amended, which are incorporated herein by specific reference. Breach of this covenant may be regarded as a material breach of Contract. It is the policy of INDOT to assure full compliance with Title VI of the Civil Rights Act of 1964, the Americans with Disabilities Act and Section 504 of the Vocational Rehabilitation Act and related statutes and regulations in all programs and activities. Title VI and related statutes require that no person in the United States shall on the grounds of race, color or national origin be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. (INDOT's Title VI enforcement shall include the following additional grounds: sex, ancestry, age, income status, religion and disability.) C. The CONSULTANT shall not discriminate in its selection and retention of contractors, including without limitation, those services retained for, or incidental to, construction, planning, research, engineering, property management, and fee contracts and other commitments with persons for services and expenses incidental to the acquisitions of right -of -way. D. The CONSULTANT shall not modify the Project in such a manner as to require, on the basis of race, color or national origin, the relocation of any persons. (INDOT's Title VI enforcement will include the following additional grounds; sex, ancestry, age, income status, religion and disability) . E. The CONSULTANT shall not modify the Project in such a manner as to deny reasonable access to and use thereof to any persons on the basis of race, color or national origin. (INDOT's Title VI enforcement will include the following additional grounds; sex, ancestry, age, income status, religion and disability.) F. The CONSULTANT shall neither allow discrimination by contractors in their selection and retention of subcontractors, leasors and/or material suppliers, nor allow discrimination by their subcontractors in their selection of subcontractors, leasors or material suppliers, who participate in construction, right -of -way clearance and related projects. 6 Version 4 -4 -2013 G. The CONSULTANT shall take appropriate actions to correct any deficiency determined by itself and/or the Federal Highway Administration ( "FHWA ") within a reasonable time period, not to exceed ninety (90) days, in order to implement Title VI compliance in accordance with INDOT's assurances and guidelines. H. During the performance of this Contract, the CONSULTANT, for itself, its assignees and successors in interest (hereinafter referred to as the "CONSULTANT ") agrees as follows: (1) Compliance with Regulations: The CONSULTANT shall comply with the Regulation relative to nondiscrimination in Federally - assisted programs of the Department of Transportation (hereinafter, "DOT ") Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this Contract. (2) Nondiscrimination: The CONSULTANT, with regard to the work performed by it during the Contract, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The CONSULTANT shall 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 B of the Regulations. (3) Solicitations for SUBCONSULTANTS, 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 leases of equipment, each potential SUBCONSULTANT or supplier shall be notified by the CONSULTANT of the CONSULTANT'S obligations under this Contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. (4) Information and Reports: The CONSULTANT shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the LPA or INDOT to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a CONSULTANT is in the exclusive possession of another who fails or refuses to furnish this information the CONSULTANT shall so certify to the LPA, or INDOT as appropriate, and shall set forth what efforts it has made to obtain the information. (5) Sanctions for Noncompliance: In the event of the CONSULTANT'S noncompliance with the nondiscrimination provisions of this contract, the LPA shall impose such contract sanctions as it or INDOT may determine to be appropriate, including, but not limited to: (a) withholding of payments to the CONSULTANT under the Contract until the CONSULTANT complies, and/or (b) cancellation, termination or suspension of the Contract, in whole or in part. (6) Incorporation of Provisions: The CONSULTANT shall include the provisions of paragraphs (1) through (6) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. 7 Version 4 -4 -2013 The CONSULTANT shall take such action with respect to any SUBCONSULTANT procurement as the LPA or INDOT may direct as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that, in the event a CONSULTANT becomes involved in, or is threatened with, litigation with a SUBCONSULTANT or supplier as a result of such direction, the CONSULTANT may request the LPA to enter into such litigation to protect the interests of the LPA, and, in addition, the CONSULTANT may request the United States to enter into such litigation to protect the interests of the United States. 13. Disputes. A. Should any disputes arise with respect to this Contract, the CONSULTANT and the LPA agree to act promptly and in good faith to resolve such disputes in accordance with this Section 12. Time is of the essence in the resolution of disputes. B. The CONSULTANT agrees that the existence of a dispute notwithstanding, it will continue without delay to carry out all of its responsibilities under this Contract that are not affected by the dispute. Should the CONSULTANT fail to continue to perform its responsibilities regarding all non - disputed work, without delay, any additional costs (including reasonable attorneys' fees and expenses) incurred by the LPA or the CONSULTANT as a result of such failure to proceed shall be borne by the CONSULTANT. C. If a party to this Contract is not satisfied with the progress toward resolving a dispute, the party must notify the other party of this dissatisfaction in writing. Upon written notice, the parties have ten (10) business days, unless the parties mutually agree in writing to extend this period, following the written notification to resolve the dispute. If the dispute is not resolved within ten (10) business days, a dissatisfied party may submit the dispute in writing to initiate negotiations to resolve the dispute. The LPA may withhold payments on disputed items pending resolution of the dispute. 14. Drug -Free Workplace Certification. A. The CONSULTANT hereby covenants and agrees to make a good faith effort to provide and maintain a drug -free workplace, and that it will give written notice to the LPA within ten (10) days after receiving actual notice that an employee of the CONSULTANT in the State of Indiana has been convicted of a criminal drug violation occurring in the CONSULTANT's workplace. False certification or violation of the certification may result in sanctions including, but not limited to, suspension of Contract payments, termination of this Contract and/or debarment of contracting opportunities with the LPA. B. The CONSULTANT certifies and agrees that it will provide a drug -free workplace by: i. Publishing and providing to all of its employees a statement notifying their employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the CONSULTANT's workplace and specifying the actions that will be taken against employees for violations of such prohibition; u. Establishing a drug -free awareness program to inform its employees of (1) the dangers of drug abuse in the workplace; (2) the CONSULTANT's policy of maintaining a drug -free workplace; (3) any ,available drug counseling, rehabilitation, and employee assistance programs; and (4) the penalties that may be imposed upon an employee for drug abuse violations occurring in the workplace; 8 Vers ion 4 -4 -2013 iii. Notifying all employees in the statement required by subparagraph 13.B.i above that as a condition of continued employment, the employee will (1) abide by the terms of the statement; and (2) notify the CONSULTANT of any criminal drug statute conviction for a violation occurring in the workplace no later than five (5) days after such conviction; iv. Notifying in writing the LPA within ten (10) days after receiving notice from an employee under subdivision 13.B.iii(2) above, or otherwise receiving actual notice of such conviction; v. Within thirty (30) days after receiving notice under subdivision 13.B.iii(2) above of a conviction, imposing the following sanctions or remedial measures on any employee who is convicted of drug abuse violations occurring in the workplace: (1) take appropriate personnel action against the employee, up to and including termination; or (2) require such employee to satisfactorily participate in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State or local health, law enforcement, or other appropriate agency; and vi. Making a good faith effort to maintain a drug -free workplace through the implementation of subparagraphs 13.B.i. through 13 . B. v. above. 15. Employment Eligibility Verification. The CONSULTANT affirms under the penalties of perjury that he /she /it does not knowingly employ an unauthorized alien. The CONSULTANT shall enroll in and verify the work eligibility status of all his/her /its newly hired employees through the E- Verify program as defined in IC 22- 5- 1.7 -3. The CONSULTANT is not required to participate should the E- Verify program cease to exist. Additionally, the CONSULTANT is not required to participate if the CONSULTANT is self - employed and does not employ any employees. The CONSULTANT shall not knowingly employ or contract with an unauthorized alien. The CONSULTANT shall not retain an employee or contract with a person that the CONSULTANT subsequently learns is an unauthorized alien. The CONSULTANT shall require his/her /its subcontractors, who perform work under this Contract, to certify to the CONSULTANT that the SUB - CONSULTANT does not knowingly employ or contract with an unauthorized alien and that the SUB - CONSULTANT has enrolled and is participating in the E- Verify program. The CONSULTANT agrees to maintain this certification throughout the duration of the term of a contract with a SUB - CONSULTANT. The LPA may terminate for default if the CONSULTANT fails to cure a breach of this provision no later than thirty (30) days after being notified by the LPA. 16. Force Majeure. In the event that either party is unable to perform any of its obligations under this Contract or to enjoy any of its benefits because of fire, natural disaster, acts of God, acts of war, terrorism, civil disorders, decrees of governmental bodies, strikes, lockouts, labor or supply disruptions or similar causes beyond the reasonable control of the affected party (hereinafter referred to as a Force Majeure Event), the party who has been so affected shall immediately give written notice to the other party of the occurrence of the Force Majeure Event (with a description in reasonable detail of the circumstances causing such Event) and shall do everything reasonably possible to resume performance. Upon receipt of such written notice, all obligations under this Contract shall be immediately suspended for as long as such Force Majeure Event continues and provided that the affected party continues to use commercially reasonable efforts to recommence performance whenever and to whatever extent possible without delay. If the period of nonperformance exceeds thirty (30) days from the receipt of written notice of the Force Majeure Event, the party whose ability to perform has not been so affected may, by giving written notice, terminate this Contract. 9 Version 4 -4 -2013 17. Governing Laws. This Contract shall be construed in accordance with and governed by the laws of the State of Indiana and the suit, if any, must be brought in the State of Indiana. The CONSULTANT consents to the jurisdiction of and to venue in any court of competent jurisdiction in the State of Indiana. 18. Liability. If the CONSULTANT or any of its SUB - CONSULTANTS fail to comply with any federal requirement which results in the LPA's repayment of federal funds to INDOT the CONSULTANT shall be responsible to the LPA, for repayment of such costs to the extent such costs are caused by the CONSULTANT and/or its SUB - CONSULTANTS. 19. Indemnification. The CONSULTANT agrees to indemnify the LPA, its officials, and employees, and to hold each of them harmless, from claims and suits including court costs, attorney's fees, and other expenses caused by any negligent act, error or omission of, or by any recklessness or willful misconduct by, the CONSULTANT and/or its SUB - CONSULTANTS, if any, under this Contract. The LPA shall not provide such indemnification to the CONSULTANT. 20. Independent Contractor. Both parties hereto, in the performance of this Contract, shall act 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 the employees or agents of the other party for any purposes whatsoever. Neither party will assume liability for any injury (including death) to any persons, or damage to any property, arising out of the acts or omissions of the agents or employees of the other party. The CONSULTANT shall be responsible for providing all necessary unemployment and workers' compensation insurance for its employees. 21. Insurance - Liability for Damages. A. The CONSULTANT shall be responsible for the accuracy of the Services performed under this Contract and shall promptly make necessary revisions or corrections resulting from its negligence, errors or omissions without any additional compensation from the LPA. Acceptance of the Services by the LPA shall not relieve the CONSULTANT of responsibility for subsequent correction of its negligent act, error or omission or for clarification of ambiguities. The CONSULTANT shall have no liability for the errors or deficiencies in designs, drawings, specifications or other services furnished to the CONSULTANT by the LPA on which the Consultant has reasonably relied, provided that the foregoing shall not relieve the CONSULTANT from any liability from the CONSULTANT'S failure to fulfill its obligations under this Contract, to exercise its professional responsibilities to the LPA, or to notify the LPA of any errors or deficiencies which the CONSULTANT knew or should have known existed. B. During construction or any phase of work performed by others based on Services provided by the CONSULTANT, the CONSULTANT shall confer with the LPA when necessary for the purpose of interpreting the information, and/or to correct any negligent act, error or omission. The CONSULTANT shall prepare any plans or data needed to correct the negligent act, error or omission without additional compensation, even though final payment may have been received by the CONSULTANT. The CONSULTANT shall give immediate attention to these changes for a minimum of delay to the project. C. The CONSULTANT shall be responsible for damages including but not limited to direct and indirect damages incurred by the LPA as a result of any negligent act, error or omission of the CONSULTANT, and for the LPA's losses or costs to repair or remedy construction. Acceptance of the Services by the LPA shall not relieve the CONSULTANT of responsibility for subsequent correction. 10 Vers ion 4- 4-2013 D. The CONSULTANT shall be required to maintain in full force and effect, insurance as described below from the date of the first authorization to proceed until the LPA's acceptance of the work product. The CONSULTANT shall list both the LPA and INDOT as insureds on any policies. The CONSULTANT must obtain insurance written by insurance companies authorized to transact business in the State of Indiana and licensed by the Department of Insurance as either admitted or non - admitted insurers. E. The LPA, its officers and employees assume no responsibility for the adequacy of limits and coverage in the event of any claims against the CONSULTANT, its officers, employees, sub - consultants or any agent of any of them, and the obligations of indemnification in Section 17 herein shall survive the exhaustion of limits of coverage and discontinuance of coverage beyond the term specified, to the fullest extent of the law. F. The CONSULTANT shall furnish a certificate of insurance and all endorsements to the LPA prior to the commencement of this Contract. Any deductible or self - insured retention amount or other similar obligation under the insurance policies shall be the sole obligation of the CONSULTANT. Failure to provide insurance as required in this Contract is a material breach of Contract entitling the LPA to immediately terminate this Contract. I. Professional Liability Insurance The CONSULTANT must obtain and carry professional liability insurance as follows: For the LPA Prequalification Work Types 1.1, 12.2 -12.6 the CONSULTANTS shall provide not less than $250,000.00 professional liability insurance per claim and $250.000.00 aggregate for all claims for negligent performance. For Work Types 2.2, 3 . 1 , 3 . 2 , 4 . 1 , 4 . 2 , 5 . 5 , 5 . 8 , 5 . 1 1 , 6 . 1 , 7 . 1 , 8 . 1 , 8 . 2 , 9 . 1 , 9 . 2 , 1 0 . 1 - 1 0 . 4 , 11.1, 13.1, 14.1 — 14.5, the CONSULTANTS shall carry professional liability insurance in an amount not less than $1,000,000.00 per claim and $1,000,000.00 aggregate for all claims for negligent performance. The CONSULTANT shall maintain the coverage for a period ending two (2) years after substantial completion of construction. II. Commercial General Liability Insurance The CONSULTANT must obtain and carry Commercial / General liability insurance as follows: For INDOT Prequalification Work Types 2.1, 6.1, 7.1, 8.1, 8.2, 9.1, 9.2, 10.1 - 10.4, 11.1, 13.1, 14.1 - 14.5, the CONSULTANT shall carry $1,000,000.00 per occurrence, $2,000,000.00 general aggregate. Coverage shall be on an occurrence form, and include contractual liability. The policy shall be amended to include the following extensions of coverage: 1. Exclusions relating to the use of explosives, collapse, and underground damage to property shall be removed. 2. The policy shall provide thirty (30) days notice of cancellation to LPA. 3. The CONSULTANT shall name the LPA as an additional insured. III. Automobile Liability The CONSULTANT shall obtain automobile liability insurance covering all owned, leased, borrowed, rented, or non -owned autos used by employees or others on behalf of the CONSULTANT for the conduct of the CONSULTANT's business, for an amount not less than $1,000,000.00 Combined Single Limit for Bodily Injury and Property Damage. The term "automobile" shall include private passenger autos, trucks, and similar type vehicles licensed for use on public highways. The policy shall be amended to include the following extensions of coverage: 11 Version 4 -4 -2013 1. Contractual Liability coverage shall be included. 2. The policy shall provide thirty (30) days notice of cancellation to the LPA. 3. The CONSULTANT shall name the LPA as an additional insured. IV. Watercraft Liability (When Applicable) 1. When necessary to use watercraft for the performance of the CONSULTANT's Services under the terms of this Contract, either by the CONSULTANT, or any SUB - CONSULTANT, the CONSULTANT or SUB - CONSULTANT operating the watercraft shall carry watercraft liability insurance in the amount of $1,000,000 Combined Single Limit for Bodily Injury and Property Damage, including Protection & Indemnity where applicable. Coverage shall apply to owned, non - owned, and hired watercraft. 2. If the maritime laws apply to any work to be performed by the CONSULTANT under the terms of the agreement, the following coverage shall be provided: a. United States Longshoremen & Harbor workers b. Maritime Coverage - Jones Act 3. The policy shall provide thirty (30) days notice of cancellation to the LPA. 4. The CONSULTANT or SUB - CONSULTANT shall name the LPA as an additional insured. V. Aircraft Liability (When Applicable) 1. When necessary to use aircraft for the performance of the CONSULTANT's Services under the terms of this Contract, either by the CONSULTANT or SUB - CONSULTANT, the CONSULTANT or SUB - CONSULTANT operating the aircraft shall carry aircraft liability insurance in the amount of $5,000,000 Combined Single Limit for Bodily Injury and Property Damage, including Passenger Liability. Coverage shall apply to owned, non -owned and hired aircraft. 2. The policy shall provide thirty (30) days notice of cancellation to the LPA. 3. The CONSULTANT or SUB - CONSULTANT shall name the LPA as an additional insured. 22. Merger and Modification. This Contract constitutes the entire agreement between the parties. No understandings, agreements or representations, oral or written, not specified within this Contract will be valid provisions of this Contact. This Contract may not be modified, supplemented or amended, in any manner, except by written agreement signed by all necessary parties. 23. Notice to Parties: Any notice, request, consent or communication (collectively a "Notice ") under this Agreement shall be effective only if it is in writing and (a) personally delivered; (b) sent by certified or registered mail, return receipt requested, postage prepaid; or (c) sent by a nationally recognized overnight delivery service, with delivery confirmed and costs of delivery being prepaid, addressed as follows: 12 Version 4 -4 -2013 Notices to the LPA shall be sent to: Attn: Andy Crouch, PE, PLS, City Engineer 500 Quartermaster Court, Suite 257 Jeffersonville, IN 47130 Notices to the CONSULTANT shall be sent to: Attn: Dave Richter, PE, PLS, President 1625 North Post Road Indianapolis, IN 46219 or to such other address or addresses as shall be furnished in writing by any party to the other party. Unless the sending party has actual knowledge that a Notice was not received by the intended recipient, a Notice shall be deemed to have been given as of the date (i) when personally delivered; (ii) three (3) days after the date deposited with the United States mail properly addressed; or (iii) the next day when delivered during business hours to overnight delivery service, properly addressed and prior to such delivery service's cut off time for next day delivery. The parties acknowledge that notices delivered by facsimile or by email shall not be effective. 24. Order of Precedence; Incorporation by Reference. Any inconsistency or ambiguity in this Contract shall be resolved by giving precedence in the following order: (1) This Contract and attachments, (2) RFP document, (3) the CONSULTANT's response to the RFP document, and (4) attachments prepared by the CONSULTANT. All of the foregoing are incorporated fully by reference. 25. Ownership of Documents and Materials. All documents, records, programs, data, film, tape, articles, memoranda, and other materials not developed or licensed by the CONSULTANT prior to execution of this Contract, but specifically developed under this Contract shall be considered "work for hire" and the CONSULTANT assigns and transfers any ownership claim to the LPA and all such materials ( "Work Product) will be the property of the LPA. The CONSULTANT agrees to execute and deliver such assignments or other documents as may be requested by the LPA. Use of these materials, other than related to contract performance by the CONSULTANT, without the LPA's prior written consent, is prohibited. During the performance of this Contract, the CONSULTANT shall be responsible for any loss of or damage to any of the Work Product developed for or supplied by INDOT and used to develop or assist in the Services provided herein while any such Work Product is in the possession or control of the CONSULTANT. Any loss or damage thereto shall be restored at the CONSULTANT's expense. The CONSULTANT shall provide the LPA full, immediate, and unrestricted access to the Work Product during the term of this Contract. The CONSULTANT represents, to the best of its knowledge and belief after diligent inquiry and other than as disclosed in writing prior to or contemporaneously with the execution of this Contract by the CONSULTANT, that the Work Product does not infringe upon or misappropriate the intellectual property or other rights of any third party. The CONSULTANT shall not be liable for the use of its deliverables described in Appendix "A" on other projects without the express written consent of the CONSULTANT or as provided in Appendix "A ". The LPA acknowledges that it has no claims to any copyrights not transferred to INDOT under this paragraph. 26. Payments. All payments shall be made in arrears and in conformance with the LPA's fiscal policies and procedures. 27. Penalties, Interest and Attorney's Fees. The LPA will in good faith perform its required obligations hereunder, and does not agree to pay any penalties, liquidated damages, interest, or attorney's fees, except as required by Indiana law in part, IC 5 -17 -5, I. C. 34 -54 -8, and I. C. 34 -13 -1. 13 Version 4 -4 -2013 28. Pollution Control Requirements. If this Contract is for $100,000 or more, the CONSULTANT: i. Stipulates that any facility to be utilized in performance under or to benefit from this Contract 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; ii. 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 iii. Stipulates that, as a condition of federal aid pursuant to this Contract, it shall notify INDOT and the Federal Highway Administration of the receipt of any knowledge indicating that a facility to be utilized in performance under or to benefit from this Contract is under consideration to be listed on the EPA Listing of Violating Facilities. 29. Severability. The invalidity of any section, subsection, clause or provision of this Contract shall not affect the validity of the remaining sections, subsections, clauses or provisions of this Contract. 30. Status of Claims. The CONSULTANT shall give prompt written notice to the LPA any claims made for damages against the CONSULTANT resulting from Services performed under this Contract and shall be responsible for keeping the LPA currently advised as to the status of such claims. The CONSULTANT shall send notice of claims related to work under this Contract to: 31. Sub - consultant Acknowledgement. The CONSULTANT agrees and represents and warrants to the LPA, that the CONSULTANT will obtain signed Sub - consultant Acknowledgement forms, from all SUB - CONSULTANTS providing Services under this Contract or to be compensated for Services through this Contract. The CONSULTANT agrees to provide signed originals of the Sub - consultant Acknowledgement form(s) to the LPA for approval prior to performance of the Services by any SUB - CONSULTANT. 32. Substantial Performance. This Contract shall be deemed to be substantially performed only when fully performed according to its terms and conditions and any modification or Amendment thereof. 33. Taxes. The LPA will not be responsible for any taxes levied on the CONSULTANT as a result of this Contract. 34. Termination for Convenience. A. The LPA may terminate, in whole or in part, whenever, for any reason, when the LPA determines that such termination is in its best interests. Termination or partial termination of Services shall be effected by delivery to the CONSULTANT of a Termination Notice at least fifteen (15) days prior to the termination effective date, specifying the extent to which performance of Services under such termination becomes effective. The CONSULTANT shall be compensated for Services properly rendered prior to the effective date of termination. The LPA will not be liable for Services performed after the effective date of termination. B. If the LPA terminates or partially terminates this Contract for any reason regardless of whether it is for convenience or for default, then and in such event, all data, reports, drawings, plans, sketches, sections and models, all specifications, estimates, measurements and data pertaining to the project, prepared under the terms or in fulfillment of this Contract, shall be delivered within ten (10) days to the LPA. In the event of the failure by the CONSULTANT to make such delivery upon demand, the CONSULTANT shall pay to the LPA any damage (including costs and reasonable attorneys' fees and expenses) it may sustain by reason thereof. 14 Version 4 -4 -2013 35. Termination for Default. A. With the provision of twenty (20) days written notice to the CONSULTANT, the LPA may terminate this Contract in whole or in part if (i) the CONSULTANT fails to: 1. Correct or cure any breach of this Contract within such time, provided that if such cure is not reasonably achievable in such time, the CONSULTANT shall have up to ninety (90) days from such notice to effect such cure if the CONSULTANT promptly commences and diligently pursues such cure as soon as practicable; 2. Deliver the supplies or perform the Services within the time specified in this Contract or any amendment or extension; 3. Make progress so as to endanger performance of this Contract; or 4. Perform any of the other provisions of this Contract to be performed by the CONSULTANT; or (ii) if any representation or warranty of the CONSULTANT is untrue or inaccurate in any material respect at the time made or deemed to be made. B. If the LPA terminates this Contract in whole or in part, it may acquire, under the terms and in the manner the LPA considers appropriate, supplies or services similar to those terminated, and the CONSULTANT will be liable to the LPA for any excess costs for those supplies or services. However, the CONSULTANT shall continue the work not terminated. C. The LPA shall pay the contract price for completed supplies delivered and Services accepted. The CONSULTANT and the LPA shall agree on the amount of payment for manufactured materials delivered and accepted and for the protection and preservation of the property. Failure to agree will be a dispute under the Disputes clause (see Section 14). The LPA may withhold from the agreed upon price for Services any sum the LPA determine necessary to protect the LPA against loss because of outstanding liens or claims of former lien holders. D. The rights and remedies of the LPA in this clause are in addition to any other rights and remedies provided by law or equity or under this Contract. E. Default by the LPA. If the CONSULTANT believes the LPA is in default of this Contract, it shall provide written notice immediately to the LPA describing such default. If the LPA fails to take steps to correct or cure any material breach of this Contract within sixty (60) days after receipt of such written notice, the CONSULTANT may cancel and terminate this Contract and institute the appropriate measures to collect monies due up to and including the date of termination, including reasonable attorney fees and expenses, provided that if such cure is not reasonably achievable in such time, the LPA shall have up to one hundred twenty (120) days from such notice to effect such cure if the LPA promptly commences and diligently pursues such cure as soon as practicable. The CONSULTANT shall be compensated for Services properly rendered prior to the effective date of such termination. The CONSULTANT agrees that it has no right of termination for non - material breaches by the LPA. 15 Version 4 -4 -2013 36. Waiver of Rights. No rights conferred on either party under this Contract shall be deemed waived, and no breach of this Contract excused, unless such waiver or excuse is approved in writing and signed by the party claimed to have waived such right. Neither the LPA'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 LPA in accordance with applicable law for all damages to the LPA caused by the CONSULTANT's negligent performance of any of the Services furnished under this Contract. 37. Work Standards /Conflicts of Interest. The CONSULTANT shall understand and utilize all relevant INDOT standards including, but not limited to, the most current version of the Indiana Department of Transportation Design Manual, where applicable, and other appropriate materials and shall perform all Services in accordance with the standards of care, skill and diligence required in Appendix "A" or, if not set forth therein, ordinarily exercised by competent professionals doing work of a similar nature. 38. No Third -Party Beneficiaries. This Agreement is solely for the benefit of the parties hereto. Other than the indemnity rights under this Contract, nothing contained in this Agreement is intended or shall be construed to confer upon any person or entity (other than the parties hereto) any rights, benefits or remedies of any kind or character whatsoever. 39. No Investment in Iran. As required by IC 5 -22 -16.5, the CONSULTANT certifies that the CONSULTANT is not engaged in investment activities in Iran. Providing false certification may result in the consequences listed in IC 5 -22- 16.5 -14, including termination of this Contract and denial of future state contracts, as well as an imposition of a civil penalty. 40. Assignment of Antitrust Claims. The CONSULTANT assigns to the State all right, title and interest in and to any claims the CONSULTANT now has, or may acquire, under state or federal antitrust laws relating to the products or services which are the subject of this Contract. [Remainder of Page Intentionally Left Blank] 16 Version 4 -4 -2013 Non - Collusion. The undersigned attests, subject to the penalties for perjury, that he /she is the CONSULTANT, or that he /she is the properly authorized representative, agent, member or officer of the CONSULTANT, that he /she has not, nor has any other member, employee, representative, agent or officer of the CONSULTANT, directly or indirectly, to the best of his/her knowledge, entered into or offered to enter into any combination, collusion or agreement to receive or pay, and that he /she has not received or paid, any sum of money or other consideration for the execution of this Contract other than that which appears upon the face of this Contract. In Witness Whereof, the CONSULTANT and the LPA have, through duly authorized representatives, entered into this Contract. The parties having read and understand the forgoing terms of this Contract do by their respective signatures dated below hereby agree to the terms thereof. CONSULTANT LOCAL PUBLIC AGENCY .41dv , ignature P Dave Richter, President R. Monty Snelling, Chairman, Redevelopment Commission (Print or type name and title) (Print or type name and title) Signature (Print or type name and title) Attest: � ��..:.�, Signature Signature Steven W. Jones, Vice President (Print or type name and title) (Print or type name and title) 17 t j r ffi?1i APPENDIX A Consulting— Services by the CONSULTANT A. APPRAISING 1. The CONSULTANT shall provide Indiana Department of Transportation (INDOT) approved appraisers to complete the appraisal work. The CONSULTANT shall submit the name of the individual who will perform the appraisals to the LOCAL PUBLIC AGENCY for approval prior to the work being started. 2. Should the quality and /or progress of the appraisals be deemed unsatisfactory, the LOCAL PUBLIC AGENCY 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 LOCAL PUBLIC AGENCY. 3. The Appraiser shall examine the plans for this project and review in the field the various parcels herein designated. 4. The Appraiser shall give the owner of each parcel to be appraised the opportunity to accompany the Appraiser during the inspection of the parcel. 5. The appraisals shall be sufficiently documented to meet the minimum standards set out in the Indiana Department of Transportation's Appraisal Handbook as approved by the Federal Highway Administration. The Appraiser shall follow accepted principles and techniques in evaluation of real property in accordance with state laws. Any appraisal that does not meet requirements shall be further documented or reappraised as the case may be without additional compensation to the Appraiser. 6. The Appraiser shall furnish the LOCAL PUBLIC AGENCY with a comparable sales Appendix A - September 2013 Page 1 of 12 docket consisting of sufficient current sales data in the vicinity of the Project to establish a pattern of values. Each comparable property shall be identified by photograph and shall be located on county or township maps which shall be a part of the comparable sales docket. 7. The Appraiser shall not give consideration to nor include in the appraisal any allowance for relocation assistance benefits. 8. Where an entire property is to be acquired, the estimate of just compensation shall be the fair market value of the property. Where only 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 acquiring agency, including those laws governing compensable and non- compensable 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 judgment is a reasonable allocation of the 'benefit value' to the various land, building, and other improvement components. For partial acquisitions, the appraisal report shall further show a similar allocation of the 'after value'. 9. In estimating just compensation for the acquisition of real property, appraisal reports shall to the greatest extent practicable under 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 improvement for which such property would be acquired for such improvement, other than that due to physical deterioration within the reasonable control of the owner. 10. 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. Appendix A - September 2013 Page 2 of 12 11. The Appraiser's report shall conform to statutory and judicial determinations regarding non- compensable items. a. The purpose of the appraisal which includes a statement of value to be estimated and the rights or interests being appraised. b. 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. e. Identified photographs of the subject property including all principal above ground improvements or unusual features affecting the 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 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. h. The date(s) on which and /or as of which, as appropriate, the just compensation is estimated. The effective date of value estimate must be the last day of inspection. i. The certification, signature, and date of signature of the Appraiser. j. Other descriptive material (maps, charts, plans, photographs). Appendix A - September 2073 Page 3 of 12 k. The federal aid project number and parcel identification. I. That the property owner was given the opportunity to accompany the Appraiser during the inspection of the property. 12. Appraisal reports shall be prepared in ink or typewritten, dated and signed by the individual making the appraisal prior to being submitted to a review appraiser. 13. 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 date of 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 as equivalent to its inclusion in the appraisal report. 14. The Appraiser agrees to furnish three original copies (one in green) of the appraisal report. 15. The Appraiser agrees to updating reports for one year after the initial completion of the report and /or testifying in court on behalf of the LOCAL PUBLIC AGENCY on any of the parcels described herein. 16. 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 divulged any information concerning the report except to a duly authorized representative of the LOCAL PUBLIC AGENCY, the Indiana Department of Transportation or to officials of the Federal Highway Administration, until authorized in writing by the LOCAL PUBLIC AGENCY to reveal the communication to another designated party. Appendix A - September 2013 Page 4 of 12 B. REVIEW APPRAISALS 1. The CONSULTANT shall provide Indiana Department of Transportation (INDOT) approved appraisers to complete the review appraisal work. The CONSULTANT shall submit the name of the individual who will perform the review appraisals to the LOCAL PUBLIC AGENCY for approval prior to the work being started. 2. 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. 3. The review appraisals shall be sufficiently documented to meet the minimum standards set out in the Indiana Department of Transportation's Appraisal Handbook as approved by the Federal Highway Administration and shall be submitted on forms approved by the LOCAL PUBLIC AGENCY and the Indiana Department of Transportation. 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 Appraiser. 4. The Review Appraiser shall consider all pertinent value information that is available. 5. The Review Appraiser shall document all estimates of just compensation. 6. The Review Appraiser may at any time prior to settlement adjust his estimate of just compensation on the basis of additional value information. 7. The Review Appraiser shall examine the appraisal reports to determine that they: a. Are complete in accordance with the Indiana Department of Transportation's appraisal requirements. b. Follow accepted appraisal principles and techniques in the valuation of real property in accordance with existing State Law. Appendix A - September 2013 Page 5 of 12 c. Contain or make reference to the information necessary to explain, substantiate, and thereby document the conclusion 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 non - compensable under State Law. e. Contain identification or listing of the buildings, structures, and other improvements on the land as well as the fixtures which the appraiser considered to be part of the real property to be acquired. f. Contain the estimate of just compensation of /or resulting from the acquisition, and where appropriate, in the case of a partial acquisition, either in the report or in a separate statement, a reasonable allocation of the estimate of just compensation for the real property acquired and for damages to remaining real property. 8. 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 Indiana Department of Transportation's Appraisal Handbook and LOCAL PUBLIC AGENCY procedures. These shall be documented and retained in the parcel file. 9. The Review Appraiser may supplement an appraisal report with corrections of minor mathematical errors where such errors do not affect 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. Appendix A - September 2013 Page 6 of 12 d. Statement that there were no sales of subject property in the past 5 years. e. Location, zoning, or present use of subject property of comparables. 10. The Review Appraiser shall initial and date his /her corrections and /or factual data supplements to an appraisal report. 11. The Review Appraiser shall place in the parcel file a signed and dated Certificate of Review Appraiser and Conclusion of Fair Market Value form (LPA -REV 27): a. The estimate of just compensation including, where appropriate, the allocation of compensation for the real property acquired, for damages and /or special benefits to remaining real property, 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; if such allocation or listing differs from that of the appraisal(s). b. That as a part of the appraisal review there was or was not field inspection of the parcel to be acquired and the comparable sales applicable thereto. If a field inspection was not made, he /she shall state the reason(s). c. That he /she has no direct or indirect, present or contemplated 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. f. Prepare a Statement of the Basis for Just compensation for the Local Public Agency's signature. 12. In estimating just compensation for the acquisition of real property, the Review Appraiser shall, to the greatest extent practicable under State Law, disregard any Appendix A - September 2013 Page 7 of 12 increase or decrease in the fair market value of the real property prior to the date of valuation caused by the public improvement for which such property is being 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. 13. The Review Appraiser shall conform to statutory and judicial determinations regarding non - compensable items. 14. The Review Appraiser agrees to updating reports for one year after the initial completion of the report and /or testifying in court on behalf of the LOCAL PUBLIC AGENCY on any of the parcels described herein. 15. 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 any member of his /her staff or organization divulged an information concerning the report except to a duly authorized representative of the LOCAL PUBLIC AGENCY, the Indiana Department of Transportation or to officials of the Federal Highway Administration, until authorized in writing by the LOCAL PUBLIC AGENCY to reveal the communication to another designated party. 16. Should the quality and /or progress of the review appraisals be unsatisfactory, the LOCAL PUBLIC AGENCY 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 has been rendered by the Review appraiser to the date of termination. All work, competed or partially completed, shall become the property of the LOCAL PUBLIC AGENCY. C. MANAGEMENT AND SUPERVISION 1. The CONSULTANT shall be responsible for administering, scheduling, and coordinating the activities necessary to certify that the right of way has been Appendix A - September 2013 Page 8 of 12 acquired and the project is clear for construction. This responsibility shall include: a. Meetings, conferences, and coordination with property owners, relocatees, attorneys, engineers, appraisers, buyers, the LOCAL PUBLIC AGENCY, and INDOT, including official certification of property as required by INDOT to receive federal funds. b. The CONSULTANT shall make arrangements for delivery of payment to each property owner and /or relocatee. D, BUYING 1. The CONSULTANT shall provide a Right -of -Way Buyer to present the LOCAL PUBLIC AGENCY'S offer for the required land from each property owner. The Buyer shall be a licensed real estate broker in the state of Indiana and 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 parcels listed herein. 4. The Buyer shall make a prompt offer to acquire each parcel for the full amount which has been established and approved as just compensation for the acquisition. The Uniform Land or Easement offer letter shall be given each parcel owner or sent by certified mail with return receipt requested. 5. Upon initiation of buying, the Buyer shall provide owner of real property to be acquired with written statement of and a summary of the basis for, the amount which has been established by the Local Public Agency as just compensation for the proposed acquisition. 6. The Buyer shall perform the services under this Agreement in compliance with the Appendix A - September 2013 Page 9 of 12 Indiana Department of Transportation's Buyers Procedure Manual in addition to the following regulations: a. Make all reasonable efforts to personally contact each owner or his designated representative, explain the acquisition, and offer in writing the approved estimate of just compensation. When all efforts to make a personal contact have failed or 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 "Acquisition — Acquiring Real Property for Federal and Federal -Aid Programs and Projects" 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 should be offered the option of retaining those improvements at a retention value determined by the CONSULTANT and approved by the LOCAL PUBLIC AGENCY and the Indiana Department of Transportation. d. A revised offer and summary statement of just compensation shall 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 Appendix A - September 2073 Page 10 of 12 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 may 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 a federal aid project; 3. The buyer has no direct or indirect present or contemplated future personal interest in the property or in any monetary benefit from the acquisition of the property; and 4. The agreement was reached without coercion of any type. h. When attempts to buy are unsuccessful the Buyer shall record his /her recommendation for action and submit it to the LOCAL PUBLIC AGENCY. 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. 7. 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 LOCAL PUBLIC AGENCY, Indiana Department of Transportation of FHWA unless authorized in writing by the Appendix A - September 2013 Page 11 of 12 LOCAL PUBLIC AGENCY to reveal the information to another designated party. 8. Should the quality and /or progress of the buying be unsatisfactory, the LOCAL PUBLIC AGENCY 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 LOCAL PUBLIC AGENCY. E. RELOCATION; 1. The CONSULTANT shall provide a Relocation Specialist to provide relocation assistance services to property owners and /or tenants displaced as a result of the project. 2. The Relocation Specialist shall provide all necessary relocation and advisory services and compute payment for each parcel to be relocated. The provision of such services shall be in accordance with current Indiana Department of Transportation regulations. 3. The Relocation Specialist shall provide Relocation Assistance for each person, family, business, farm operator or non - profit organization being displaced by the project. 4. The Relocation Specialist shall assure that the public will be adequately informed of the relocation payments and services available. The booklet "Relocation — Your Rights and Benefits as a Displaced Person under the Federal Relocation Assistance Program" will be given to each relocatee at the earliest possible contact. Appendix A - September 2013 Page 12 of 12 t&LJNITED APPENDIX B —Consulting— Services by the LOCAL PUBLIC AGENCY The LOCAL PUBLIC AGENCY shall furnish the CONSULTANT with the following: A. Guarantee access to enter upon public and private lands as required for CONSULTANT to perform work under this Agreement. B. Individual plats for each parcel. C. Legal description(s) of the right of way to be acquired on each parcel. D. Final right of way plans for the project. E. Right of way stake out. F. Title documents. G. Acquisition instruments which have been prepared or approved by the LOCAL PUBLIC AGENCY's legal counsel for each parcel. H. Lease agreements prepared by or approved by the LOCAL PUBLIC AGENCY's attorney. I. Legal counsel or LOCAL PUBLIC AGENCY designated employee to hear and make judgment on relocation appeals. J. Legal counsel for condemnation proceedings and for legal services in connection with the project. K. Copies of environmental studies and /or approvals. L. Making payments due property owners and /or the relocatee. M. Making payments due lending institutions for Partial Mortgage Releases. N. Coordinate with officials to waive document recordation fees. Appendix 8 - September2073 Page 1 of 1 eislAtili APPENDIX C : - Cons lting _ Schedu /e All work by the CONSULTANT under this Agreement shall be completed and delivered to the LOCAL PUBLIC AGENCY for review and approval within the following time periods: A. APPRAISING Completed within 150 calendar days after issuance of Notice to Proceed. B. REVIEW APPRAISALS Completed within 30 calendar days after completion of Appraising. C. MA NA GEMENT AND SUPERVISION To be completed throughout duration of project. D. BUYING' Completed within 270 calendar days after LOCAL PUBLIC AGENCY approval of Appraisal Just Compensation to the property owner. E. RELOCATION Completed within 270 calendar days after LOCAL PUBLIC AGENCY approval of Appraisal Just Compensation to the property owner. Appendix C - September 2013 Page 1 of 1 APPENDIX D - -Consultin Compensation A. AMOUNT OF PAYMENT 1. The CONSULTANT shall receive as payment for the work performed under this Agreement the total fee not to exceed $1,005,764.00 unless a modification of the Agreement is approved in writing by the LOCAL PUBLIC AGENCY. 2. The CONSULTANT will be paid for the work performed under this Agreement in accordance with the following estimates: a. Appraising $ 456,225.00 115 Parcels (fees based on INDOT fee schedule dated 1/1/08 with no markup); see Appendix D pages 3 -7. b. Review Appraisals $ 202,939.00 100 Parcels (fees based on INDOT fee schedule dated 1/1/08 with no markup); see Appendix D pages 3 -7. c. Management and Supervision $ 149,500.00 115 Parcels; see Appendix D pages 3 -7. d. Buying $ 181,350.00 115 Parcels (fees based on INDOT fee schedule dated 1/1/08 with no markup); see Appendix D pages 3 -7. e. Relocation $ 15,750.00 5 Parcels (fees based on INDOT fee schedule dated 1/1/08 with no markup); see Appendix D pages 3 -7. Appendix D - September 2013 Page 1 of 7 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 PUBLIC AGENCY. The invoice voucher shall represent the value, to the LOCAL PUBLIC AGENCY, of the partially completed work as of the date of the invoice voucher. The CONSULTANT shall attach thereto a summary of each pay item in Section A.2. of this Appendix, percentage completed and prior payments. 2. The LOCAL PUBLIC AGENCY for and in consideration of the rendering of the engineering services provided for in Appendix "A ", agrees to pay the CONSULTANT for rendering such services the fee established above upon completion of the work thereunder and acceptance thereof by the LOCAL PUBLIC AGENCY. 3. In the event of a substantial change in the scope, character or complexity of the work on the project, the maximum fee payable and the specified fee shall be adjusted in accordance with item 6, (Changes in Work) of the General Provisions, set out in this Agreement. Appendix D - September 2073 Page 2 of 7 10th Street Reconstruction City of Jeffersonville UNITED : - - _ _ Consulting Land Acquisition Services Fee Estimate Parcel Owner Appraisal Review Management Buying Relocation Parcel # Fee Appraisal Fee Fee Assistance Total 1 10th Street $5,175 $2,329 $1,300 $2,175 $0 $10,979 Properties, LLC 3 Development, LLC $4,500 $2,025 $1,300 $2,575 $0 $10,400 Sumner, Aaron R. 4 & William, as Joint $8,400 $3,780 $1,300 $1,525 $0 $15,005 Tenants 5 Kuntz, Lawrence $1,525 $686 $1,300 $2,275 $0 $5,786 W. Jr. and Carl M. 6 Britney, Richard J. $2,675 $1,204 $1,300 $1,475 $0 $6,654 & Hollie M. 7 Fisher, Roger $1,525 $686 $1,300 $1,475 $0 $4,986 8 Henley, Edward & $5,800 $2,610 $1,300 $1,775 $0 $11,485 Dianna GP 9 LLC $2,775 $2,775 $1,249 $1,300 $1,625 $0 $6,949 Pinnacle Properties 10 Develop. Group, $4,550 $2,048 $1,300 $1,675 $0 $9,573 LLC 11 Future Interest Co. $2,775 $1,24 $1,300 $1,525 $0 $6,849 Inc. Housel Ural & 12 Kelso, Fowler Jack $2,900 $1,305 $1,300 $1,525 $3,150 $10,180 W & Barbara R 13 Brothers, Thomas $3,175 $1,429 $1,300 $1,575 $0 $7,479 L. Jr. 14 Charles Casey $3,175 $1,429 $1,300 $1,575 $0 $7,479 15 Baird, Richard R., $9,800 $4,410 $1,300 $1,525 $3,150 $20,185 Trustee 16 Caldwell, Rex A. $5,550 $2,498 $1,300 $1,675 $0 $11,023 17 Schuler, $2,975 $1,339 $1,300 $1,475 $0 $7,089 Christopher N. 18 John L. Hawkins, $3,175 $1,429 $1,300 $1,475 $0 $7,379 19 LLC $1,725 Properties, $1,725 $776 $1,300 $1,525 $0 $5,326 20 Lovings- Watts, $3,175 $1,429 $1,300 $1,475 $0 $7,379 Brian 21 Reed, Mike $2,975 $1,339 $1,300 $1,575 $0 $7,189 22 Schmidt, Grace M. $2,775 $1,249 $1,300 $1,675 $0 $6,999 23 Sunnyside $3,175 $1,429 $1,300 $1,625 $0 $7,529 Residential, LLC 25 Dunn, James M. & $3,175 $1,429 $1,300 $1,575 $0 $7,479 Appendix D - September 2073 Page 3 of 7 10th Street Reconstruction City of Jeffersonville t UNIT ,,,,,,„,,,,, _consultin Land Acquisition Services Fee Estimate Parcel Owner Appraisal Review Management Buying Relocation Parcel # Fee Appraisal Fee Fee Assistance Total Susan J. Howard, Jonas A. 26 & Miller, Janet, $350 $0 $1,300 $1,375 $0 $3,025 heirs 27 Behnke, Nita L. $2,775 $1,249 $1,300 $1,475 $0 $6,799 28 Rippy, Robert S. $8,525 $3,836 $1,300 $1,575 $0 $15,236 29 Carter, James S. $2,775 $1,249 $1,300 $1,575 $0 $6,899 30 Rankin, Stephanie $2,975 $1,339 $1,300 $1,375 $0 $6,989 31 Corcoran, William $2,775 $1,249 $1,300 $1,475 $0 $6,799 32 Harris, Sharon E. $2,975 $1,339 $1,300 $1,575 $0 $7,189 33 Vandervender, $2,975 $1,339 $1,300 $1,625 $0 $7,239 Jackie Robin Reece, Johnny L., 34 Sr. & Shirley, $2,975 $1,339 $1,300 $1,525 $0 $7,139 Trustees 35 United States of $6,275 $2,824 $1,300 $1,525 $0 $11,924 America 36 Fetter, William J., & $5,750 $2,588 $1,300 $1,525 $0 $11,163 Hilton, Phyllis A. 37 Wylde, Jeuti B. $3,775 $1,699 $1,300 $1,475 $0 $8,249 38 White, Samuel A. & $2,775 $1,249 $1,300 $1,475 $3,150 $9,949 Eleanor R. 39 Perkins, Victor & $2,775 $1,249 $1,300 $1,475 $3,150 $9,949 Lila 40 Rodgers, Marilyn $2,975 $1,339 $1,300 $1,475 $3,150 $10,239 41 R Properties, $8,275 $3,724 $1,300 $1,725 $0 $15,024 42 Nethery, Garrie W. $8,525 $3,836 $1,300 $1,475 $0 $15,136 & Sherrel L. 43 JAG PRO, LLC $1,725 $776 $1,300 $1,625 $0 $5,426 44 Grooms, Paul L. & $1,725 $776 $1,300 $1,575 $0 $5,376 Susie B. 45 Sue harp Sherrian $8,575 $3,859 $1,300 $1,475 $0 $15,209 46 Hoosier B. & E. $9,150 $4,118 $1,300 $1,625 $0 $16,193 Leasing, LLC Gateway Plaza 47 Shopping Center, $11,050 $4,973 $1,300 $1,625 $0 $18,948 LLC 48 Pearson Equity $11,650 $5,243 $1,300 $2,125 $0 $20,318 Jeffersonville IN, Appendix D - September 2073 Page 4 of 7 10th Street Reconstruction City of Jeffersonville UNITED Land Acquisition Services Fee Estimate Consulting Parcel Owner Appraisal Review Management Buying Relocation Parcel # Fee APFeesal Fee Fee Assistance Total LLC 49 Schleicher Holding, $8,650 $3,893 $1,300 $1,825 LLC $0 $15,668 Conner, Daniel G. & Margaret L., h &w 50 (1/2 int) & Prentice, $2,475 $1,114 $1,300 $1,625 $0 $6,514 Wilson E. Doris M, h &w (1/2 int.) Neumeister, 51 George & Jean M., $11,650 $5,243 $1,300 $1,625 $0 $19,818 Trustees Youngstown 52 Partners, L.P. $6,825 $3,071 $1,300 $1,375 $0 $12,571 (Taco Bell) 53 Mead, Robert N., $8,650 $3,893 $1,300 $1,525 $0 $15,368 CPA, Trustee 54 Ferguson Tracy D. $6,950 $3,128 $1,300 $1,575 & Bradley T. $0 $12 953 Hartlage, Charles 55 D. & Phyllis A. $2,875 $1,294 $1,300 $1,475 $0 $6,944 Hartlage 56 Moore, Michael $8,775 $3,949 $1,300 $1,475 $0 $15,499 57 Terraco $1,525 $686 $1,300 $1,725 $0 $5,236 58 GTB, LLC $2,450 $1,103 $1,300 $1,925 $0 $6,778 59 Sanders, Michael $5,775 $2,599 $1,300 $1,375 L. $0 $11,049 60 Swifty Oil Co., Inc. $2,675 $1,204 $1,300 $1,525 $0 $6,704 61 IBC Sales Corp. $2,350 $1,058 $1,300 $1,925 $0 $6,633 62 Kestler, Arthur W. $2,475 $1,114 $1,300 $1,475 $0 $6,364 63 Mull, James L., Jr. $1,725 $776 $1,300 $1,675 $0 $5,476 64 Shafer Corp. $2,150 $968 $1,300 $1,625 $0 $6,043 65 PCM Enterprises, $8,275 $3,724 $1,300 $1,625 $0 $14,924 Inc. Jefferson -Vila 66 Motel Corp. $2,150 $968 $1,300 $2,025 $0 $6,443 67 Peters, Robert J. $2,350 $1,058 $1,300 $1,475 $0 $6,183 69 Sunnyside Realty, $10,300 $4,635 $1,300 $1,875 Inc. $0 $18,110 Kapfammer, 70 Francis R. & Nancy $1,950 $878 $1,300 $1,475 $0 $5,603 M. Appendix D - September 2073 Page 5 of 7 10th Street Reconstruction City of Jeffersonville UNITED Consulting- La nd Acquisition Services Fee Estimate Parcel Owner Appraisal ea Management Buying Relocation Parcel # Fee PFreeis al Fee Fee Assistance Total 71 H &G Management, $2,275 $1,024 $1,300 $1,925 LLP $0 $6,524 72 You -A- Carry - Out -A- $1,650 $743 Inc. $1,300 $1,525 $0 $5,218 MAC's 73 Convenience $2,075 $934 $1,300 $1,625 $0 $5,934 Stores, LLC 75 Fister Properties, $8,900 $4,005 $1,300 $1,625 Inc. $0 $15,830 76 Fetter Properties, $13,350 $6,008 $1,300 LLC $1,825 $0 $22,483 White Castle Profit 77 Sharing Plan & $2,350 $1,058 $1,300 $1,625 $0 $6,333 Trust 78 Papa John's USA, $2,550 $1,148 $1,300 $1,625 Inc. $0 $6,623 79 HAMAC $8,400 $3,780 $1,300 $1,525 Enterprises, Inc. $0 $15 005 80 Fetter Properties, $6,150 $2,768 $1,300 $1,525 LLC $0 $11 743 81 Strong $8,400 $3,780 $1,300 $1,825 Investments, LLC $0 $15,305 82 SHIV Hotels, Inc. $1,525 $686 $1,300 $1,725 $0 $5,236 83 Moore, Charles $2,075 $934 $1,300 $1,375 $0 $5,684 84 Fetter Properties, $2,150 $968 LLC $1,300 $1,625 $0 $6,043 85 Vissing John R. & $8,525 $3,836 $1,300 $1,475 Yvonne M. $0 $15,136 86 Stapp, Emily J. $2,750 $1,238 $1,300 $1,375 $0 $6,663 87 Clark CSB Corp. $8,525 $3,836 $1,300 $1,525 $0 $15,186 88 Gus M. Vissing $5,875 $2,644 $1,300 $1,375 $0 $11,194 89 RX Jeffersonville $2,075 $934 $1,300 $1,625 Investors, LLC $0 $5,934 90 AMCO, Inc. $1,525 $686 $1,300 $1,625 $0 $5,136 91 Campbell Properties, LLC $2,275 $1,024 $1,300 $1,725 $0 $6,324 92 Kerstro, Inc. $350 $0 $1,300 $1,525 $0 $3,175 93 Roy, Robert David $350 $0 $1,300 $1,375 $0 $3,025 94 Fetter Properties, $5,750 $2,588 $1,300 $1,525 LLC $0 $11 163 95 JPL, Inc. $1,525 $686 $1,300 $1,725 $0 $5,236 96 Bank Rentals, LLC $350 $0 $1,300 $1,725 $0 $3,375 97 Marshall Planning $1,525 $686 $1,300 $1,625 $0 $5,136 Appendix D - September 2073 Page 6 of 7 10th Street Reconstruction City of Jeffersonville LiN TED _ - - Consultin Land Acquisition Services Fee Estimate Parcel Owner Appraisal Review Management Buying Relocation Parcel Appraisal g # Fee Fee Fee Fee Assistance Total Mill, Inc. Louiville Timber & 98 Wooden Products $2,000 $900 $1,300 $1,525 $0 $5,725 Co. 103 Jr. Mosier, James R., $2,900 $1,305 $1,300 $1,775 $0 $7,280 104 Kahafer, John K. $2,900 $1,305 $1,300 $1,375 $0 $6,880 105 Moberly $350 $0 $1,300 $1,300 Investments #2 $0 $2 950 106 Scott Funeral $8,275 $3,724 $1,300 $2,025 $0 Home, Inc. $15,324 107 Hammond Living $350 $0 $1,300 $1,300 Trust $0 $2 950 108 Ritchie, James & $350 $0 $1,300 $1,150 $0 $2,800 Mary 110 House of Fire $2,350 $1,058 $1,300 $1,725 Enterprises, LLC $0 $6,433 111 Schmidt, Thomas $2,775 $1,249 $1,300 $1,375 W. & Catherine I. $0 $6,699 112 Manley Robert $2,775 $1,249 $1,300 $1,375 Wayne $0 $6,699 113 Hamlett, Anthony $8,025 $3,611 $1,300 $1 475 $0 D. & Leisa K. $ $14 411 114 Scoles, Robert, Jr. $350 $0 $1,300 $1,150 $0 $2,800 115 Brown, Burrel C. $350 $0 $1,300 $1,150 $0 $2,800 116 Life Spring, Inc. $1,325 $596 $1,300 $1,725 $0 $4,946 117 Schmidt, Mary $1,525 $686 $1,300 $1,475 Beth $0 $4,986 118 Varley, Kathleen $350 $0 $1,300 $1,575 $0 $3,225 119 Riley, John E. $350 $0 $1,300 $1,475 $0 $3,125 120 Watson, James C. $350 $0 $1,300 $1,150 $0 $2,800 122 Hill, Brandon M. & $350 $0 $1 300 $1,150 April R. $0 $2,800 123 Unknown Owner $350 $0 $1,300 $1,375 (between 33 & 35) $0 $3,025 124 Unknown Owner $350 $0 $1,300 $1,375 $0 $3,025 (between 34 & 36) 125 Westmoreland Real $9,725 $4,376 $1,300 $1,375 Estate, LLC $0 $16,776 TOTALS $456,225 $202,939 $149,500 $181,350 $15,750 $1,005,764 Appendix D - September 2013 Page 7 of 7 jLJNITED APPENDIX E Consulting— Insurance a D A CERTIFICATE OF LIABILITY INSURANCE DATE (5 DrYYYY) I 9!10/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the poHcy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement s . PRODUCER N Angie Cook Walker & Associates , WV. 6 . 1 . (317) 353 -8000 v ,AIG.Not (31T)351 - 7149 7364 E. Washington Street A A ASS: INSURER(S) AFFORDING COVERAGE HMCo Indianapolis IN 46219 INSURERA ;Indiana Insurance Co. 22659 INSURED INSURER II: United Consulting INSURER C: 1625 N. Post Road INSURER D: INSURER E : Indianapolis IN 46219 -1995 _ INSURER F: COVERAGES CERTIFICATE NUMBER:Master 2012 -13 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. ! EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR IAISOUSUOR LTR TYPE OF INSURANCE t. vt r. ' • LICY WM ' POL oit I € ., . . 1 1 11 fJLP !...,.1!al.alSi� , iilL,lil L.EtdtTB GENERAL LIABILITY I EACH __ OCCURRENCE S 1 , 000, 000 r i i R cCOMMERCIAL ERCIAL GENERAL LIABILITY (l ., a ..• -_ ,.....: 5 100,000 A .' cukaMS.MADE n OCCUR . •1 , 1/1/2012 ■ 1/1/2013 $ 5,000 IIII PERSONAL a ACV INJURY S 1,000,000 GENERAL AGGREGATE s 2.000,000 GEN'L AGGREGGAA�TE L�,1tr APPLES PER. PRODUCTS • COMPIOP AGG 5 2,000,000 iI POUCYI 1 1Loc. s AUTOMOBLE LIABLITY COMBINED st)NOLI LWa 1 000 000 A U ANY AUTO 80DILY INJURY (For person) 1 III uios O S : • 4866689 1/1/2012 • 1/1/2013 BODILY IMJURY (Par ax4C ) S Ell HIRED AUTOS AUTOS X NC AMA% O PROPERTY • IT t • ;: s . S Uni+au,®dmotrist corn s - r d $ 1,000,000 UMBRELLA LW8 K OCCUR EACH OCCURRENCE $ 5,000,000 A - EXCESS UM CI.AthIS MADE AGGREGATE s 5,000,000 QED X RETENTIONS 10,0 1)8810204 1/1/2012 .1/1/2013 1 A WORKERS COMPENSATION x vac STATU- 07H- AND EMPLOYERS' LIABILITY Y N ANY PROPRIETOR/PARTNER/EXECUTIVE ( i N J A ( E L. EACH ACCENT 5 1,000,000 C leedat O ryint EREXCLUOEDT 1 1 C8889004 • 1/1/2012 • 1/1/2013 IrY NHI e L DISEASE - EA EMPLOYE: S 1,000,000 M.52 Ca se unde IPTION OF OPERATIONS bestow EL DISEASE - POLICY LIMIT 3 1 000 000 DESCRIPTION OF OPERATIONS I LOCATIONS/ VEHICLES (Attach ACORD 141, Additional Rsnarks Schedule, N more space Is required) City of Jeffersonville Redevelopement Commission is named ae additional insured as required by written contract CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. NOTICE WILL BE DELIVERED IN ACCORD E • TH THE POLICY PROVISIONS. City of Jeffersonville Redevelopement Com Attn: Andy Crouch, P.E. City Engineer r 5 (.7 00 Quartermaster Court AMU* r d REPRES: Tame Jeffersonville, IN 47130 ie Cv • ACORD 26 (2010/06) '...- O` 988 -2010 ACORD CORPORATION. All rights reserved. INS025t oloos)ol The ACORD name and logo are registered 7 s of ACORD Appendix E - September 2013 Page 1 of 2 ACORD., CERTIFICATE OF LIABILITY INSURANCE DATE(MMimmyyYi PRCDLCER 1 9/10/2013 • THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION PROFESSIONAL DESIGN INS MGMT CORP ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE PO Box 501130 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Indianapolis, IN 46250 (117)570 INSURERS AFFORDING COVERAGE NAIC # — INSURED United Consulting NS—A=4" RLI InsuranQQGQmpan 1625 N. Post Road INSURER B: Indianapolis, IN 46219 -1995 INSURER{ INSURER D. 1 INSURLIL E COVERAGES TNE POLICIES OF INSURANCE LtSTEDBELOWHAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FCR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT 691TH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSLRANCE AFFORDED BY THE PO.:CIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAMS LIMP /SRO 'YPE OF INSURANCE POLICYNJRIBER PCLIC'YEI;FE AVI PCkCY I EXP�EAT TIATE •'MITArBDfYYI DATE {r.YACOPYI I LIMITS nFNFRAL I LAM iTY 1 EACH OCCURRENCE S COMMERCIAL GENERAL LIA,SEAT u«au.tIC I V Kc;i PREMISES (Ea occurence S C(.AIP.IS El OCCUR ') MED EXP (Any oneperson) $ PERSONAL & ACV INJURY S GLNr_:.RAL AGGREGATE S GEN'L AGGREGATE LIMIT APPLIES PER FRCCi.CTS • COVP AGG $ POLICY 111 !17 • LCC AJTOTACBlLE UAL}IU`Y ~' COM BINFD 5't'JGtc UI.II' _ ANY AUTO ;Ea acc en) S AIL OWNED AUTOS SCHECULED ALTOS BODILY tN LAY (Per person) H RED AUTOS NCN .OWNED AUTOS BODILY INJURY (Per accident) a — PROPERTY DAMACE s (Per accident) GARAGE LIASsLrY AUTO ONLY • EAACCIDENT $ 1 ANYA.J'O OTHER THAN EA ACC S AUTO ONLY. A;G $ EXCESS, JMBRELLA . ABILI'Y EACH OCCURRENCE S __I OCCUR 1- LAIMS MADE AGGREGATE S DEDUCTIBLE 5 RETENTION S S WORKERS COMPENSATOR ANO r ti.0 STAN } S E 1 O' EMPLOYERS' LIABILITY t TORY I.;MIT ANY PNUF'WEMR/ ARINEWt.Xkc:,ItN�F L..EACIfACC1OENT S Oil ic.ERemEmBER EXCLUCYMY fyps.desatDeunae► E.L. DISEASE - EA EMPLOYEE $ _-- SPECIAL PROVISIONS peke OTHER E.L. DISEASE. POLICY LIMIT 5 A Pzotasaicmal Liability RDP0009044 12/22/2012 12/22/2013 52,30G,000 limit each claim and S2' QQQ , 00 in the aggregate ❑FSCRIPTION or q'ERATFOtrS (LOCATIONS /VEHICLES 1ExCLUSICNS ADDED SYENDORSEMENT 1 SFECLILFROVIStOAS CERTIFICATE HOLDER CANCELLATION 5HU.. OD A `JY CF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXP°RATION City of Jeffersonville RedVelpf3IIt @nt Commission )ATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MALL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TC THE LEFT. BUT FAILURE TO DO SC) SHALL 500 Quartermaster Court Jeffersonville, IN 47130 III ?sE NJ OBLtGAnor, OR L ABILITY OF ANY KIND UPON THE INSLRER, ITS AGENT'S OR Engineer : Andy Crouch, P.E. Cit REPRESENTATIVES M City g ineer ALIT.= 4OR12ED REPRESFNTA ACORD25 (2001/08) ACORD CORPORATION 1988 Page 2 of 2 Appendix E - September 2013