Loading...
HomeMy WebLinkAboutVETERANS PARKSWAY- PHASE 2 RIGHT OF WAY ENGINEERING AND ACQUISITION (ob No. 16091 VETERANS PARKWAY- PHASE 2 RIGHT-OF-WAY ENGINEERING AND ACQUISITION SERVICES JEFFERSONVILLE REDEVELOPMENT COMMISSION JEFFERSONVILLE,INDIANA PROFESSIONAL ENGINEERING SERVICES AGREEMENT This is an agreement made as of this 31st day of AugM ,2016, between the City of Jeffersonville, Indiana, acting through its duly appointed Redevelopment Commission (OWNER) and Jacobi, Toombs, and Lanz, Inc. (CONSULTANT), a firm of Professional Engineers, Surveyors and GIS Specialists. OWNER hereby retains CONSULTANT to perform services as described in Attachment A. CONSULTANT agrees to perform the services in consideration of the compensation described in Attachment B and in accordance with the Professional Engineering Services described in Attachment A and in accordance with the terms described in Attachment D. This Agreement consists of this document together with Atte hment A — Project Description and Proposed Engineering Services, Attachment B — Fee ScheG ile, Attachment C — Hourly Billing Rates, Attachment D — Terms and Conditions, and Attachment E — Provisions Regarding Employment of Unauthorized Aliens. This agreement between the OWNER and CONSULTANT Supersedes all prior written and oral understandings. This agreement may only be amended, supplemented,modified or canceled by a duly executed written instrument. In executing this Agreement, the undersigned also acknowledge their authority to bind the parties to all terms and conditions. In witness whereof, the parties hereto have made and executed this Agreement as of the day and year first written. OWNER: CONSULTANT.- Jeffersonville ONSULTANT.Jeffersonville Redevelopment Commission Jacobi,Toombs and Lanz, Inc. Jeffersonville,Indiana Consulting Engineers 500 Quartermaster Court 1829 E. Sp ' et,Suite 201 Jeffersonville, Indiana 47130 New Albay, Indian 47150 4 By: By: 11ont S . , I tesid t `jjp4e I. I nz,P.E., P2-1 n .� %X'itness. Witness: 17, herkley,Attornet Thomas L.,chellenberg,P Transportation Manager Page 1 of 17 Y`pn+lct'Szi1Ml�! �Wuran.V.wWrwa{Plw.:? {tlu":kyun.a+ui 5ccrs�oG.;nQ:.c+ti11M19{lt.tnskmai Fiiyrtccmy4m�r ynenwnf.J.,: `1 Job No. 16094 ATTACHMENT A PROJECT DESCRIPTION AND PROPOSED ENGINEERING SERVICES 1. PROJECT DESCRIPTION The Project consists of widening and resurfacuig of approximately 0.71 miles of Veterans Parkway from approximately 450' east of Woehrle Road to Holmans Lane, and widening and resurfacing of approximately 1.2 miles of Holmans Lane from approximately 225' north of 10"' Street to Veterans Parkway. Veterans Parkway will be widened to five lanes and Holmans Lane will be widened to three lanes. Items to be provided include the following: A. Two-way left turn Lines B. Bike lanes C. Concrete curb and gutter at the outside pavement edges D. Resurface the streets E. Concrete sidewalks on both sides F. Street lighting G. upgrade the storm sewer systems H. Realign Charlestown Pike to the south I. Additional lanes on Holmans bane at the Veterans Parkway and Peachblossom Drive intersections J. Modernize the existing traffic signal at Veterans Parkway and Holmans Lane K. Install one new traffic signal at Peachblossom Drive The total estimated construction cost of the Project, not including engineering and inspection fees, but including 10%contingency is S6.2 million. 2. SCOPE OF ENGINEERING SERVICES The CONSULTANT shall provide the OWNER with the followuig Right-of-Way Engineering and Acquisition Services: A. Update the Location Control Route Survey Plat B. Update the Final Right-of-Way Plans C. Additional Plats D. Additional Legal Descriptions E. Right-of-Way Management and Supervision 1. The CONSULTANT shall be responsible for administering, scheduling, and coordinating all activities necessary to certify that right-of-way has been acquired and that the Project is clear for construction bidding_ The responsibility, shall include: a. Meeting, conferences, and communications with property owners, relocatees, attorneys,engineers,appraisers,buyers,and OWNER. Page 2 of 17 S,r..Fn;ketwt4r1.MJ44'caa:nu.p.rkwa?IM,ru1 8t)1C`:\ae�s�aMumustf-nRuc�ce4wlUi pnfrwrti,J/w 'ex�g 5rr.w.�.��p.an�€tr.,M.; Job No. 16094 b. Revisions to construction plans, right-of-way plans, plats, legal descriptions and right-of way stake-outs which may be required. 2. 'These right-of-way services include all reasonable services as required to secure all parcels based on the approved engineering design or to recommend to the OWNER that condemnation proceedings be filed. 3. The CONSULTANT (not the Buyer) shall make arrangements for deliivery of payment to each properry owner and/or relocates. 4. If Market Estimate (Waiver Valuation) reports are required, the OWNER shall be responsible to approve the report prior to acquisition of the parcel. 5. The CONSUL ANT shall submit each parcel file to the OWNER upon completion of the described services. F. First Appraisals I. Governmental Appraisal Services, Inc 405 East Court.Avenue,Suite 8,Jeffersonville, IN 47130 A corporation incorporated in. Indiana shall be hereinafter referred to as the.appraiser. 2. -Lames K. Diggs shall perform the appraisal work covered by this .Agreement. The Appraiser shall be a licensed appraiser in the State of Indiana. 3. No work by the Appraiser shall be sublet, assigned or otherwise performed by anyone other than the Appraiser. 4. Should the quality and/or progress of the appraisals be deemed unsatisfactory, the CONSULTANT may terminate the services of the Appraiser by giving five (S) 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 OWNER. 5. The appraiser shall examine the plans for the .Project and review in the field the various parcels herein designated. Vii. Unless authurized by the OWNER, the Appraiser shall give the owner of each parcel to be appraised the opportunity to accompany the Appraiser during the inspection of the parcel except when a Waiver Valuation is being prepared. 7. The Appraiser shall follow accepted principles and techniques in evaluation of real property in accordance with applicable laws, regulations and standards, including the Uniform Standards of Professional Appraisal Practice (USPAP). Any appraisal that does not meet such requirements shall be further documented or reappraised as the case may be without additional compensation to the ,appraiser. Page 3 of 17 `.P10"NANW4 \burr.aw RtkwlPh—2 RU1C"�ca�w+�me.Sea+warlC+nkaaf114111.{L'r.ef+»,nn�diCn�nvrm}�Aeniezt i7,gcer�xst:A,. Job No. 16094 8. The Appraiser shall furnish the OWNER with three copies of comparable sales docket consisting of sufficient current sales data in the vicinity of the project(s) to establish a pattern of values. Each comparable sale 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. 9. The Appraiser shall not give consideration to nor include in the appraisal any allowance for relocation assistance benefits. 10. 'Where an entire property is to be acquired, the estimate of just compensation shall be the market value of the property. Where only a part of a property is to be acquired, the estimate of just compensation. shall be that amount arrived at in accordance with the laws governing just compensation applicable to the State of Indiana,including those laws governing compensable and noncompensable items and the treatments 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 "before value" to the various land, buildings, and other improvements. For partial acquisitions, the appraisal report shall further show a similar allocation of the"after value". It. In estimating just compensation for the acquisition of real property, appraisal reports shall, to the greatest extent practicable under Federal and State law, disregard any decrease or increase in the fair market value of the real property prior to the date of valuation u:aused by the public improvetneuts, other than that due to physical deterioration within the reasonable control of the owner. 12. Documentation of the 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 of the after value estimate. 13. The Appraiser's report shall conform to statutory and judicial determinations regarding noncompensable items. The Appraiser's report shall contain, as a minimum, the following- a. ollowinga. 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 of the neighborhood, the property, the portion of the property or interest herein being acquired, and the remainder(s),if any. 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. Page 4 of 17 �:•pm�ect�'.iNrai \'r+ev.rx..Vatitw.r}14r;�sr2 ROW cnvx.M.,t:,x�►u:�?,IMFNI'rr.MN..m.s1Nn,yo�emt4?rvws.,',prctivnenr. „ Job No. 16M4 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 date of value estimate must be the last date of inspection. i. The certification, signature,and date of signature of the appraiser. 1. Other descriptive material(maps, charts,plans,photographs). k. The federal aid project number and parcel identification, If applicable, that the property owner was given the opportunity to accompany the Appraiser during the inspection of the property. 14. Appraisal reports shall be typewritten, dated and signed by the individual asking the appraisal prior to being submitted to a review appraiser,if applicable. 15. 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 the evaluation. An exception in including all requirements in each appraisal report is permitted where project(s) 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 cquivalent to its inclusion in the appraisal report. 16. The Appraiser shall furnish the CONSULTANT with one original copy of each appraisal report. 17. The Appraiser shall update reports at the request of the OWNER for one year after the initial completion of the report and/or testify in court on behalf of the OWNER on any of the parcels described herein. The fee for such services shall be determuxed ac the time the services are requested. 1.8. All information contained in the appraisal report and all parts thereof are to be treated as privileged communication. The Appraiser shall take all necessary steps to ensure that neither he/she not any member of his/her staff or organization divulges any information concerning the report except to a duly authorized representative of the OWNER, until authorized in writing by the OWNER to reveal the communication to another designated parts. Page 5 of 17 :pnfcer.l fUnW=4ca.an Park-q M—.1,kit ' I W04 V,4mfmal l•,nP,frnrnfry,nerrrrs+..tyrcul+rtrtrJ.,. Job No. 16094 G. Second Appraisals !. Associated Appraisal Group Inc. 1423 E. Spring Street, New Albany,IN 47150 A corporation incorporated in Indiana shall be hereinafter referred to as the Second Appraiser. 2. 'ferry Watson shall perform the second appraisal work covered by this Agreement. The Second Appraiser shall be a licensed appraiser in the State of Indiana. 3. No work by the Second appraiser shall be sublet, assigned or otherwise performed by anyone other than the Appraiser. 4. Should the quality and/or progress of the second appraisals be deemed unsatisfactory, the CONSULTANT may tertzunate 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 OWNER. 5. The Second Appraiser shall perform all work in the same manners as required of the Appraiser as stated in Section B, Items 5 thru IS of this ATTACHMENT A. H. Buying 1. Patterson Agency.LLC 102 TMiede Drive,New Albany, IN 47150 A limited liability corporation shall be hereinafter referred to as the Buyer. 2. David B. Patterson and Christopher D. Patterson shall perform the buying (negotiation) work on this Project. The Buyer shall be a licensed real estate broker in the State of Indiana or an attorney licensed to practice law in Indiana and shall have passed any exam given by the Indiana Department of Transportation Division of Land Acquisition. 3. No work by the Buyer shall be sublet, assigned or otherwise performed by anyone other than the Buyer. 4. The Buyer shall Snake every reasonable effort to acquire expeditiously the parcels listed herein. 5. The buyer shall make a prompt offer in writing to acquire each parcel for the fitll amount which has been established and approved as just compensation for the acquisition. The Uniform Property or Easement offer letter shall be given to each parcel owner or sent by certified mail with return receipt requested. 6. Upon initiation of buying, the buyer shall provide the owner of real property to be acquired with written statement of, and a summary of the basis for, the amount which has been established as just compensation for the proposed acquisition. Page G of 17 ti•;1 +NX'�vllf�vrA..l.urat'N6wi,Ph-2 A()V6,%..appsm.at�r.r.ry4--.1.00144 11-frrw..ki:n3yrernn��r+r�.'cv. 5prn•�tema.Y: Jab No. 16094 7. The Buyer shall perform the services under this .'agreement in compliance with the INDCYl'Buyers Procedure Manual in addition to the following regulations: a. Make all reasonable efforts to personally contact each owner or his/her designated representative and explain the acquisition. 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. The owner of improvements located on lands being acquired for right-of-way shall be offered the option of retaining those improvements thereon at the retention value determined by the Appraiser and approved by the OWNER. c. A revised offer and summary statement of just compensation shall be provided the owner if: i. The extent of the taking is revised, or ii. The approved estimate of just compensation is revised by the Review Appraiser. NOTE: If a previous offer has been made to the owner, the revised offer is an example of an OWNER directed second or subsequent offet. d. The BuV er shall maintain adequate records to include a Buyer's Report for each parcel containing but not limited to: i. The date and place of contact; ii. Parties of interest contacted; iii. Date offer made; iv. Counter-offer or reasons offer was not accepted; v. The report must be signed and dated by the Buyer and initialed by the person contacted. e. The property owner may be given a copy of the report on each contact. f. When attempts to buy are successful, a signed statement shall be prepared by the Buyer to the effect that: L The written offer embodies all considerations agreed to by the property owner; ii. The Buyer understands the acquired property is for use in connection with a federal aid project; Page 7of17 .;y>nxeo.;.IUY�I-\°xmue.Pukwnr iM.rer?,.Rt1h"3ypexam 5exr cvtr_,e+ailcts;,lti11W i�r.,r'n�rrH+.tl I,nKmcrmir�evr is,4na+nunrrin job No. 16094 iii. 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 iv. 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 OWNER. i. The recommendation shall consider adminisrrative settlement, including amount of settlement and reasons for a settlement. ii. Otherwise, a condemnation report shall be filled out and submitted to the OWNER. 8. All information contained in the appraisal shall be treated as confidential. The Buyer shall take all steps to ensure that he/she does not divulge any of the information to anyone other than a duly authorized representative of the OWNER, unless authorized in writing by the OWNER to reveal the information to another designated party. 9. When relocation is involved, the Buyer shall submit to the relocation agent a daily notice form that the offer has been made. 10. Should the quality and/or progress of the buying be deemed unsatisfactory, the CONSULTANT 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 an estimate of the portion of the services as have been rendered by the Buyer to the date of termination. All records of the Buyer and work, completed or,partially completed, shall become the property of the OWNER. I. Relocation Services 1. The CONSULTANT shall provide the applicable relocation services in accordance with the Uniform Relocation and Real Properties Acquisition Policies Act of 1970 (42 U.S.C. 4601 et. Seq.) and amendments thereto in accordance with the provisions of 49 CFR Part 24, Indiana Code 8-23-17 (Relocation Assistance)and amendments thereto,or other applicable state laws. 2. The individual performing the Relocation Assistance shall be referred to as the "Relocation Specialist". 3. The Relocation Specialist shall provide Relocation Assistance for each person, family, business, farm operator or non-profit organization being displaces by the project. 4. The Relocation Specialist shall provide all necessary relocation and advisory services and- compute ndcompute payment for each parcel to be relocated The provision of such services shall be in accordance with current Indiana Department of 'Transportation and Federal Highway Administration regulations. Page 8 of 17 �:llrn'+Imi 4lMlvd•1cKt�uti V.+rkwag iNl..w WON liyinr�n.m tnn-ra3l,ivtrtn.�r\IMIVA Pnrtrwn�ma3 l^:nppurrevl5; rn'xcs.1presmrnt.rbK Job No. 16094 5. The Relocation Specialist shall assure that the relocate's will be adequately informed of the relocation payment 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 relocate at the earliest possible contact. 3. PROJECT SCHEDULE Services shall commence upon execution of this Agreement and shall be completed within 180 calendar days. [Remainder of Page Intenuuually Left Blank] Page 9of17 >.1(tmkrr.i4tai•eJ.%o r, ,P. kw)M,rrs 2 ROW lsgmsmun ierexasxr,�.escrssxt ldMt hnrF«s�iwml k.nWro+cetnrtt�Txa Ipµaannu.:a job No. 16094 ATTACHMENT B FEE SCHEDULE The CONSULTANT shall receive as payment for the RIGHT-OF-WAY ENGINEERING AND ACQUISITION SERVICES performed under this agreement a lump sum amount based on the following fees: 1. Amount of Compensation SECTION SERVICES FEE 1. Update Location Control Route Survev Plat $15y0(}() B. Update%ght-of-Way Plans $ 6,000 ( . Additional Right-of-Way Parcel Plats—_L@$900= $ 1,800 l). Additional Legal Descriptions—4 @ $700 = $ 2,800 Right-of-Way Management and Supervision— }" 79 parcels $71,900$900= I' First Appraisals: Waiver Valuations(WV) — 23 @$ 500 $11,500 Value Findings(VF)— 13 @$1,200= $15,600 Short Forms(SF)— 3 @$3,000= $ 9,000 Long Forms(LF)— 34(a $2,000= $68,000 Long Forms(LF)-- 6 @$3,000= 18 000 Subtotal = S122,100 ' Second Appraisals: Short Forms(SF)— 3 @$3,000= $ 9,000 Long Forms(LF)-- 2 @$2,000= $4,Q00 Long Fonns(LF)— 6 @$3,000= $18.000 Subtotal = $31,000 }I. Bu!,-i2g and Recording— 79 parcels @ $1,300 = $102,700 TOTAL = $352,500 1. Relocation Services, if required, will be paid on a time and materials basis based on the hourly rates shown in Attachment C. 'I'he cost of these services is not included in the totalcompensation below. The total compensation for all of the above services shall not exceed three hundred fifty-two thousand five hundred dollars (S352,500,00). In consideration for condemnation proceedings described below, the OWNER agrees to pay the Right-of-Way Manager, Appraiser, Buyer, and Relocation Specialist on a daily basis (or on a pro rate basis for less than a day), the following sums: Page 10 of 17 1P�'+R1iti'1 W°M 1'v�rvrs Parlrr-a,piri•c1-RU14'.lequsru ur Sarvu xv,4.unvu+aIWlVd lrn,tcsv<mailnlw+ciyplK!i,-rrc1^.'rarCcrosrlSae Job No. 16094 Pre-Trial Conference Testimony in court as and Preparation expert witness Right-of-Way Manager $850/day $850/day First Appraiser $700/day $700/dav Second Appraiser $700/day $700/day Buyer $700/day $700/dav Property:Manager N/A N/A Relocation Specialist $700/day $700/day 2. Method of Payment The CONSULTANT may submit monthly invoices for payment for work completed to date. For work performed under Sections A and B of ATTACfM1ENT`°A", the OWNER agrees to pay the CONSULTANT for rendering such services the percentage of the work completed. For work performed under Sections C, D, E, F, G and H of ATTACHMENT "A", and upon completion of the respective work and its acceptance by the OWNER, the OWNER agrees to pay the CONSULTANT the fees established. No partial payments shall be made on a per parcel fee. [Remainder of Page Intentionally Left Blank[ Page 11 of 17 ^+'iyu•�xrlllMryi Icuru+,fi.rk+vrVfi.+e3fttill'.-kyunMrctierwKu.�f.:rmbanxrefGHU11M,yrsat.xralhn7tn+rcrnt�w:rrtc,. Mriwrrrsrr.J+ . Jab No. 16094 ATTACHMENT C JACOBI, TOOMBS AND LANZ, INC. 2016 HOURLY BILLING RATES STANDARD HOURLY BILLING CODE CLASSIFICATION RATE* PR2 PRINCIPAL - PRESIDENT $165 PRI PRINCIPAL - VICE PRESIDENT $160 PM3 PROJECT MANAGER 111 $140 PM2 PROJECT MANAGER 11 $130 PMI PROJECT MANAGER 1 $120 ---------- ----...._----------------------------- ---- . _ .-. ------------------- ----- ---- E5 ENGINEER V (PE) $145 E4 ENGINEER IV (PE) $120 E3 ENGINEER III (PE) $115 E2 ENGINEER 11 (PE) $105 E1 ENGINEER I (PE) $100 DE DESIGN ENGINEER $95 LA LANDSCAPE AR_CHITE_CT ET4 ENGINEERING TECH IV (EIT)-------------------------------------------------- 80 ------ ET3 ENGINEERING TECH III (EIT) $75 ET2 ENGINEERING TECH 11 $65 ETl ENGINEERING TECH I AGER - --- 'a GM GIS MAN - .. $130 GT2 GIS TECHNICIAN II $75 GTI GIS TECHNICIAN 1 $70 CT3 CAD TECH III (DESIGNER) $75 CT2 CAD TECH ll $70 ___CTI CAD TECH 1 _-- - - - -- ---.._.__.. 65 SM SURVEY MANAGER $135 LS2 LAND SURVEYOR It (LS) $90 LSI LAND SURVEYOR I (LS) $75 SC SURVEY CHIEF $70 ST2 SURVEY TECHNICIAN it $b5 STI SURVEY TECHNICIAN 1 $55 FC2 2-MAN SURVEY CREW $135 FC3 3-MAN SURVEY CREW ------ --------------------------------- --------- ------ ----------- -190 RCM RESIDENT CONSTRUCTION MANAGER $90 RP RESIDENT CONSTRUCTION REPRESENTATIVE $75 RI RESIDENT INSPECTOR $70 CACONSTRUCTIONIPROJECT ADMINISTRATOR $75 ---- -- ----- - ------ -- ----------------- -------------------------------------------- - --- -.._..- - - _. ADM ADMINISTRATIVE ASSISTANT $95 CL CLERICAL $55 LAS LAND ACQUISITION SPECIALIST $75 ...-- ---- -- ----- ......-- ------------------------------------------ ._ Page 12 o€17 S:,p ,j"•.161194-\'enrm+i'.u4w:u'Phar 2-Rtit�":kyuixtnsat irrt7r,,n;lCratatrn`:1&Ml.i 1'n�(m�a.m.tl t tpnunnrF Srmcrs vnrnc,i- h)h No. 1609-1 PRIII PLAN REVIEWER 111 $80 PRII PLAN REVIEWER 11 (ICC CERTIFIED) $75 PRI PLAN REVIEW 1 $75 ---------------------------------------------------------------- ------ ------- GPS CIPS $50 RTS ROBOTIC TOTAL STATION EQUIPMENT $50 EXP MILEAGE. PER MILE $0.44 Overtime will be charged at 1.2.5 times the standard billing rate. *1 Serving as an expert witness in legal proceedings will be charged at 2 times the standard billing rate. These rates may be adjusted on an annual bas-is as required by economic factors at the discretion ofiacobi. Toombs and Lanz, Inc Page 13 of 17 job No. 16094 Attachment D Terms and Conditions Services Jacobi, Toombs and Lanz, Inc. (JTL) will • Standard Rates is defined as individual time multiplied perform services for the Client with these Terms and by standard billing rates for that individual. Conditions. JTL has developed the Project scope of . Subcontracted services are defined as Project-related service, schedule, and compensation based on available services provided by other parties to JTL. information and various assumptions. The Client • Reimbursable expenses are defined as actual acknowledges that adjustments to the schedule and expenses incurred in connection with the Project. compensation may be necessary based cn the actual J circumstances encountered by JTL in performing their Payment Terms JTL shall submit monthly invoices for services. services performed and Client shall pay the full invoice Authorized Representatives The officer assigned to the amount within 45 days of the invoice date. Invoices will Project by JTL is the only authorized representative to be considered correct if not questioned in writing within make decisions or commitments on behalf of JTL The 10 days of the invoice date. J 1 L may be entitled to a 2% Client shall designate a representative with similar per month administrative charge in the event of payment authority. delay. Client payment to JTL is not contingent on Project Requirements The Client shall confirm the arrangement of project financing. Invoice payment objectives, requirements, constraints, and criteria for the delayed beyond 60 days shall give JTL the right to stopwork until payments are current. Non-payment beyond Project at its inception. If the Client has established 70 days shall be just cause for termination by JTL. design standards, they shall be furnished to JTL at Project inception. JTL will review the Client design Additional Services The Client and JTL acknowledge standards and may recommend alternate standards that additional services may be necessary for the Project considering the standard of care provision. to address issies that may not be known at Project Site Access The Client shall obtain all necessary initiation or that may be required to address circumstances that were not foreseen. Other than an approvals for JTL to access the Project site(s). emergency, JTL shall notify the Client through its Period of Service JTL shall perform the services for the designated agent, prior to incurring additional expenses Project in a timely manner consistent with sound or performing additional work, of the need for additional professional practice. JTL will strive to perform its services or work that JTL reasonably believes may be services according to the Project schedule set forth in necessary. The Client shall then review the nature of the Attachment B. The services of each task shall be additional services, and the payment for such additional considered complete when deliverables for the task have services. The parties shall separately agree on the need been presented to and accepted by the Client. for additional services and payment for such additional Compensation In consideration of the services services. performed by JTL, the Client shall pay JTL in the manner independent Consultant JTL shall serve as an set forth in Attachment C. The parties acknowledge that independent consultant for services provided under this terms of compensation are based on an orderly and agreement. JTL shall retain control over the means and continuous progress of the Project. If delays on the methods used in performing their services and may retain project take place,JTL shall notify the Client's designated subconsultants to perform certain services as determined agent of the nature and cause of the delay and any by JTL. additional costs this may create both in the Project cost Standard of Care Services provided by JTL will be itself and the compensation due to JTL. The client shall performed with the care and skill ordinarily exercised by r then review _he nature and cause of the delay and members of the same profession practicing under similar additional costs,and the parties shall separately agree to circumstances. JTL will not be liable for the cost of any any extensions of time or additional compensation to omission that adds value to the Project. JTL. Compliance with Laws JTL shall perform its services Payment Definitions The following definitions shall consistent with sound professional practice and endeavor apply to methods of payment: to incorporate aws, regulations, codes, and standards • Salary cost is defined as the individuals base salary applicable at the time the work is performed, in the event plus customary and statutory benefits. Statutory that standards of practice or legal requirements change benefits shall be as prescribed by law and customary during the Project, JTL shall promptly notify the Client benefits shall be as established by JTL employment through its des gnated agent of such changes and any policy. additional costs that this may create both in the Project • Cost plus is defined as the individuals base salary plus cost itself and the compensation due to JTL. The Client actual overhead plus professional fees. Overhead shall shall then review the nature and cause of the changes include customary and statutory benefits, and additional costs, and the parties shall separately administrative expenses, and non-project operating agree to any changes in the Project or additional costs. compensation to JTL. • Lump sum is defined as a fixed price amount for the Permits and Approvals JTL will assist the Client in scope of services described, preparing applications and supporting documents for the Page 14 of 17 �tprN�ts'.ImNt5r!rrnni F'.,rhw:y ply+F? µfit\'1,..nnttuhStnu+rrrl_.mntitu.`.IAK1J Yn1fn»m.{I:n�lnatu.�{;.4nrcx-a 1�Kcnmrnr.�r,.. Joh No. 16094 Client to secure permits and approvals from agencies property improvements and the Client waives the right to having jurisdiction over the Project. The Client agrees to any legal defense to the contrary, pay all application and review fees. Consequential Damages Neither the Client nor JTL Ownership of Documents Documents prepared by JTL shall be liable to the other for any consequential for the Project are Instruments of service and shall damages regardless of the nature or fault. remain the property of JTL. Record documents of service Environmental Matters The Client warrants they have shall be based on the printed copy. JTL will furnish disclosed all potentially hazardous materials that may be documents e ectronically, however, the Client releases encountered on the Project. In the even- unknown JTL from any liability that may result from documents hazardous materials are encountered, JTL shall be used in this form.JTL shall not be held liable for reuse of entitled to additional compensation for appropriate documents for any purpose other than those intended actions to protect the health and safety of its personnel, under the Prolect, and for additional services required to comply with Insurance JTL will maintain the following insurance and applicable law" JTL and the Client acknowledge that coverage limits during the period of service. The Client unforeseen environmental matters may arise during the will be named as an additional insured on the course of the Project. The Client shall notify JTL of any Commercial General Liability and Automobile Liability potential environmental matters of which the Client may policies. be aware, and JTL shall immediately notify the Client Worker'sCompensation $500,000 per Accident arjl�jrough its designated agent of any environmental $500,000 Policy Limit matters of which JTL becomes aware. The parties shall Commercial General $1,000,000 per occurrenutually agree to a course of action, which shall include (bodily Ina inc°udin death termination of the Project. In the case of an emergency, Liability, 1 y I �` g JTL will take appropriate action and immediately contact &property damage) the Client's designated agent. In the event of an $2.000,000 aggregate emergency,JTL will be compensated for actual costs and Automobile Liability $1.000,000 combined single for its services based on the billing rates established in limit for bodily injury arille agreement. property damage Cost Opinions JTL shall prepare cost opinions for the Professional Liability $1,000,000 each claim and Project based on historical information that represents in the aggregate the judgment of a qualified professional. The Client and The Client shall make arrangements for Builder's Risk, JTL acknowledge that actual costs may vari from the Protective Liability, Pollution Prevention, and other cost opinions prepared and that JTL offers no guarantee specific insurance coverage warranted for the Project in related to the Project cost. amounts appropriate to the Project value and risks. JTL Independent Counsel The Client agrees to obtain shall be a named insured on those policies where JTL independent legal and financial counsel for the Project may be at risk. The Client shall obtain the counsel of considering JTL does not furnish these services. others in setting insurance limits for construction Contingency Fund The Client acknowledges the contracts. potential for changes in the work during construction and Waiver of Subrogation JTL shall endeavor to obtain a the Client agrees to include a contingency fund in the waiver of subrogation against the Client, if -equested in Project budget appropriate to the potential risks and writing by the Client, provided that JTL will not increase uncertainties associated with the Project. JTL may offer its exposure to risk and the Client will pay the cost advice concerning the value of the contingency fund; associated with any premium increase or special fees, however, JTL s.call not be liable for additional costs that Indemnification JTL shall indemnify the Client from any the Client may incur beyond the contingency fund they reasonable damages caused solely by the negligent act, select unless such additional cost results from a error, or omission of JTL in the performance of services negligent act, error, or omission related to services under the Project. If such damage results in part by the performed by JTL, negligence of another party, JTL shall be liable only to Contractor Selection JTL may make recommendations the extent of their proportional negligence. concerning awafd of construction contracts and products. Third Party Claims The Client will compensate JTL for The Client acknowledges that the final selection of services performed in defense of any third party claim construction contractors and products is their sole unless the claim resulted from the negligent act, error or responsibility. omission of JTL. Shop Drawing Review If included in the scope of Legal Expense In the event legal action becomes service, JTL shall review shop drawing submittals from necessary to enforce the provisions of this agreement, the contractor solely for their conformance with the therevailin design intent of and performance criteria specified for the p g party shall be entitled to recover the costs project. JTL shall not be liable for the performance of or of legal action against the opposing party, including, but consequential damages of any equipment furnished by not limited to,court costs, attorney fees,and related legal the contractor under the Project. expenses. Lien Rights JTL may file a lien against the Clients Construction Review If included in the scope of service, property in the event that the Client does not make JTL shall observe the progress and content of the work to payment within the time prescribed in this agreement. determine if .he work is proceeding in general The Client agrees that services by JTL are considered accordance with the Contract Documents. This construction review is intended to observe. document, Page 15 of 17 y.tprsrMCf'a'-ItMYi A`rr4N P.trC:t4xy.1'iwelRC�Vt`_�e�uetin..n xnxtziGunfra¢rs 11LNi Rt<Fcrw,nal Finpncerm,�.',etrµr�'yq'tymenr.d••+ Job No. 16094 and report information concerning the construction on the Project .upon seven (7) days written notice in the process. Observation of work at the Project site shall not event of substantial failure by the other party to fulfill its make JTL responsible for the work performed by another obligations of the terms hereunder. JTL shall submit an party, the means, methods, techniques, sequences, or invoice for services performed up to the effective date of procedures selected by another party, nor the safety termination anc the Client shall pay JTL all outstanding precautions or programs of another party. invoices within fourteen (14) days. The Client may Rejection of Work JTL may recommend that the Client withhold an amount for services that may be in dispute reject work by construction contractors that does not provided that the Client furnishes a written notice of the conform to the requirements of the Project, basis for their dispute and that the amount withheld Safety JTL shall be responsible solely for the safety represents a reasonable value. precautions or programs of its employees and no other Governing Law The terms of agreement shall be party. governed by the laws of the state where the services are Information from Other Parties The Client and JTL performed provided that nothing contained herein shall acknowledge that JTL will rely on information furnished be interpreted in such a manner as to render it by other parries in performing its services under the unenforceable under the laws of the state in which the Project. JTL shall not be liable for any damages that may Project resides. be incurred by the Client in the use of third party Assignment Neither party shall assign its rights, information. interests or obligations under the Project without the Construction Record Drawings If included in the scope express written consent of the other party. of service, JTL will deliver drawings to the Client Waiver of Rights The failure of either party to enforce incorporating information furnished by construction any provision of these terms and conditions shall not contractors. In that construction record drawings are constitute a waiver of such provision nor diminish the based on information provided by others,JTL cannot and right of either party to the remedies of such provision, does not warrant their accuracy. Warranty JTL warrants that they will deliver products Force Majeure Neither party will hold the other under the Project within the standard of care. JTL responsible for damages or delay caused by acts of God, Provides no other expressed or implied warranty. acts of war, strikes, accidents, or other events beyond Severability Any provision of these terms later held to the other's control. violate any law shall be deemed void and all remaining Dispute Resolution The Client and JTL agree that they provisions shall continue in force. In such event, the shall diligently pursue resolution of all disagreements Client and JTL will work in good faith to replace an invalid within 45 days of either party's written notice using a provision with one that is valid with as close to the mutually acceptable form of mediated dispute resolution original meaning as possible. prior to exercising their rights under law. JTL shall Survival All provisions of these terms that allocate continue to perform services for the Project and the responsibility or liability between the Client and JTL shall Client shall pay for such services during the dispute survive the completion or termination of services for the resolution process unless the Client issues a written Project. notice to suspend work. No Personal Liability The client further agrees that, to Suspension of Work The Client may suspend services the fullest extent permitted by law, no owner, performed by JTL with cause upon fourteen (14) days shareholder; officer, director, partner, principal or written notice. JTL shall submit an invoice for services employee of JTL shall have personal liability under this performed up to the effective date of the work suspension indemnification provision, under any provision of the and the Client shall pay JTL all outstanding invoices Agreement, or for any matter in connection with the within fourteen(14)days. If the work suspension exceeds Professional Services provided by JTL in connection with thirty (30) days from the effective work suspension date, the project. JTL shall be entitled to renegotiate the Project schedule and the compensation terms for the Project. Termination The Client or JTL may terminate services Page 16of17 1,4144-%,mutdPukwevPh—-2..ROW,�k�p�Nro�mz..�nrsnY�[Cr,am�r't{\160411.acsEu AL'rypornny ic�x-rc kt�tvea*q.d:,, lob No. 16094 ATTACHMENT E PROVISIONS REGARDING EMPLOYMENT OF UNAUTHORIZED ALIENS As required by IC 22-5-1.7,the Contractor affirms under the penalties of perjury that: A. Itdoes not knowingly employ an unauthorized alien. B. The Contractor shall enroll in and verify the work eligibility status of all its newly hired employees through the E-Verify program as defined in 1C 22-5-1.7-3. 'The Contractor is not required to participate should the E-Verify program cease to exist. C. The Contractor shall not knowingly employ or contract with an unauthorized alien. The Contractor shall not retain an employee or contract with a person that the Contractor subsequently learns is an unauthorized alien. D. The Contractor shall require its subcontractors who perform work under this Contract to certify to the Contractor that the subcontractor does not knowingly employ or contract with an unauthorized alien and that the subcontractor has enrolled and is participating in the E- Verify program. The Contractor agrees to maintain this certification throughout the duration of the term of a contract with a subcontractor. E. The Owner may terminate for default if the Contractor fails to cure a breach of this prop-ision no later than thirty (30) days after being notified by the Owner. I, on behalf of myself or the person being awarded this contract, hereby certify that I have read Indiana Code 5-22-16.5 in its entirety, as enacted and amended and further certif r that neither I nor the person being awarded this contract m engaged in investment activities in Iran as defined in Indiana Code 5-22-16.5 as enacted n-' ended. 5I ED ri� 22 PRINTED NAME �is� -tet" TITLE Page 17 of 17 "..�pe„�cnr11UU'7N.Crieem4 P�rkw.+y fNi...c•2-k(7CP,ktrvin�«.xr xrni�lt:.n+rwculiWlV1 Pnefiw+xwJ N�igncne¢i��a+t�tx 1C�retinrnnkn .. QO O o O o 0 o O o O p o 0 0 0 a O a O o O O 0 O o O O O O o E ON as �o as v, � cK � rn v N 'Tv v_ rt rn et; � v ON 't �, � .o o` � ON C^ 0, N z f (� N N M N d� oc N M N oo yq 0c� v oc N v -I � as N vNs M M N M N N N a e 64S 6R 60) 6A fA 6A 6R 69 60% " 64, 601; 6A los 69 6R bH 6013 6n 6A 6011 6019 CA 6+9 oq EA 6AR N 6 OC z W N �, � W °o+ a0, 00CON 0rn ' 000a0oo, 00, rno0+ ao, rnrn0rnrno0, rn m 69 69 6R? 60) 601f 69 6/4 69 6011 6A 6A EA 6R fA os 6/9 69 69 iA vs 6R! 69 6011 6n 6F3 (A 6A Q u w w 0 0 0 0 0 0 0 0 0 C> 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Eib 6R 6R 69 6A 604 6R? 69 6A 6A 64 6A 6i! 6A 69 6A 69 EA 6fi 6R 6R 6R 69 6R 69 6R BA 6R OCO? o CQ O O 0 dw o a o o -= W a is v 64 W v� n� o 0 o O o 0 0 0 0 0 0 0 0 0 0 0 0 W o 0 O 0 O0 d 0 O GO O 0 0 0 g 0 0 0 0 0 O 0 0 0 0 0 0 0 rQ (y N 0 0 O 0 N 0 O O O O 0 0 0 0 0 O CV N O C-40 0 0 F' Gs. Ery 609 6R N M 6R 6/3 M M N N M yq N N N M 6x11 N 9 W, G 4 CA b4 6R 69 6R b9 6. 6R 69 61 6R 69 69 b4 69 EA 6R (A >> ;> w > w > w w ww > cz. u. ww > rs. 3 > > > > 3aa3 > 3a a ` av� 3aaa ..aa U W 0 0 0 0 O O O 0 0 0 0 6 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 M W W) h vs 4n Wn +n v) 6n kn vi Rn W) 4^ vi 6n kn v, W) 6n h 6n in 6n tn vi 4 k W) kn vy — W w N CJ N N CN N N N N N N N N N N N N N N N NN N N N N N N N N p 64 69 6A 6R 6R 6R 6A 6n 69 69 69 604 6R 6/3 6R 64% 69 69 6A 6/9 6A (A 69 60q (A 6A (A 6A 6R 6H Cn 41-1. .. z a a chi a 5 o v > t Cd W C u! cd v R 'co � Z W a °ten p y o .o v] , V ° ° ISS rn `n 56 .yG ZE- xX C °; U ar " oS evod p o a. _ S v ° ' Gi u .o ap ti C w I-- w tA Z W Q ,.Zv(n U c v Z b o. a y amu ' c W JQ � U4 �, c^�i y, ;�' n C y �j,`� vW.R n ° C✓ ° o U au, ami = m v Q m �; � a� �'" U U ° > v ?' cn 0 f a m � `nV yam Zo 3 °23 w uz 3m a -� .W.a � � .`�lc�nvts" `" a� ox t: L v� u U X23 3 3 > 023 a ai ism > Q to � aS w cti �' ,� wU y � � v y > "� ° Z a oo ,� oo l7 w fW 2 y v v w v7 c >, N nc°i o u , > U W U cn u m a _ (} U W u N M It In �C+ 06 CT O N N N N N N N N M 7Ur.� cn a 40 O a In to kn tn kn voi tn 4n %n voi +c� o �o v tn WO o O o o" Vo a a O 40 +o tQ i o o N " 6q 6N19 q 6N9 666 b04 6'4 T 69 6T 6M�9 419 6R 64 09 669 64 � T 6eq 4190 &q 0 r6N9 r bN4 4A V) 6�R3 oe N O O 6e in f/3 6R 4H 6R 4609 604 69 EA 409 69 64 69.613 69 69 6q 419 6A 4A 69 fA 64 ff3 6q 4f3 41} 69 413 Z ; U Z ao 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 `� a o a o 0 o o 0 0 0 0 0 0 0 0 0 0 0 o 0 0 0 0 0 0 613 64 69 6A 69 6f3 64 6R 69 64 69 6R b4 69 613 69 FA b4 6R fiR 64 69 b9 69 69 6�: 69 6R 69 64 z O O G C? O O :Li GL 69 tom 60; Q -7 w © o 0 a o a o o o op 0o o o o 0 c 0 C) C) po 0 0 ppp 0 0 0 Q w N 0 0 0 N 0 0 O C7 C� N N o CV 0 O C5 0 0 0 0 C� p 0 0 C� © 0 8 O HV) 6q f l 66 N N N N N M yq N t`1 r+i tV N M boq N 69 b04b�q � � (A r4 b4 b9 419 bq b4 6R 6F' E/i 414 69 69 414 69 b9 69 94 64 -._.. Uo 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O o 0 0 0 0 0 0 0 o Cl) to tou� 4ntn4n4nv,:v-1 %nv1v1tov� v, totoWry4nv, tototototototov, W) to N N N N N N N N>N N N N N N N N N N N N N N N N N CV N N N N p f w w 69 609 69 414 61) 6R eq b4 69 fH 69 69 69 69 69 63 60-1-61} 69 6R 69 6q 69 69 b9 6q 619 VI ° E ITI Ci 3 C F„ a N U 40 W ZW > cil u El z T a > s s CL COZv� E �e oG�i ` i �i3 C3 o .< ar;ti � c;d� -B = � i .& > ' 0 � © U W �' v � � ° �jC7 � xr3 ?' in �23 a r > p" tF"" a4 y co v9 a C of •b y °� °� °� �y °� on O w z y 44 U ^ -> > V E- z A a. U �2 Ix -s 4 to w Cd Im Z oG vn .=3 Q va WC tow 4 Q u w V8 8 U ° «-• N M !}' 4n C- OC O+ O ^+ N M 't to t-�o t 00 O+ d .-• N M V 4n0 r, OC e1" kn in kn W) to to to to to to K. n U C) OOC) C) C) V) tn kn W) V) V) wl On kn kn W) V� fln %n W) W� C=) 0 0 kn tn 0 0 c 0 4 (:;� l 0 d d d d d d tt of 'ct 'tt W 't NT -I- V- M CIA GNq ("20q 60) V,) be 6.1 69 bos ER 40R 611i 6q 69 60S riq 6A 69 00 bg z C) C) C) C) O § 808888 ? § 8 § 0088 OF C= = — < 64 vs 69 6,4 6f3 69 64 4,4 v, 6e fin fro eq 6A 404 604 I.S In 69 EA co z -14 z Ge va < "0 u CD 0 0 0 C> C) 0 C) Q0 0 C) 0 ' Cli 601) ull 60q 0 0 0 C> 0 C) C> C, C, C, 0C) rrl (= 0 0 0 0 0 C) 0 0 0 C) 0 CD 0 © C) C) C) = C� C� C� =� C� C� C� C� C� 1=1 Cl 0 cw�) C-4 N C-4 r4 C-4 Cl C- C-i rq 60q 644 6R V) 604 644 6961 10' 6" lo,* 69 b" 6R "I 6R? 109 -Wj 69 CIO U W 0 40 0 C) C) 0 0 C) 0 0 W) 4n to W) h " V-) V*) W) kn W> W) +n W) V) V1 %n W) C14 " t14 CIA . . . N N N N N N N N N " r4 " � V. 66 66 604 64 6A 66 64 b6 6A 66 66 64 fq bq 66 66 (A 66 64 fin C Old C14 tb z csZ -j 10 U L40 < 0 0 C-, dd ro U U c 46 C:8 o 0 7, 0 Q;d Q C4 °dTQ •3y gL) Ali L7 A '1, 0 2 12 0 75 to S 9 .8 -5 7; .Irccl 04 u 0 0 0 U 0 N m 4-1 S r- coo 01 o t tn .o r- oo oN o m T .45, oc