Loading...
HomeMy WebLinkAboutRQAW Corporation/Eng/9,900/INDOT-LPA Consulting Contract Supplemental – Carmel Drive and Old Meridian StreetLPA -- CONSULTING CONTRACT 6A4' SUPPLEMENTAL NO.1 This supplemental contract is made and entered into this 24th day of April, 2017, by and between the City of Carmel, Indiana, hereinafter referred to as the "LPA", and RQAW Corporation, hereinafter referred to as the "CONSULTANT". RECITALS WHEREAS, the LPA on February 3, 2016 entered into a contract, providing for the necessary services required in connection with; Des. No.: 1500444 Project Description: Intersection Improvement at Old Meridian Street and Carmel Drive WHEREAS, in order to reduce land acquisition impacts on properties including possible relocations in the northwest and southeast quadrants of the intersection, the project limits are to be extended to incorporate a storm sewer system; and WHEREAS, in order to provide for completion of these services it is necessary to amend and supplement the original Contract. NOW, THEREFORE, it is agreed by and between the parties as follows: SECTION I SERVICES BY CONSULTANT. Appendix "A" is amended to read as follows: Task 7 Traffic Analysis Task 7 Traffic Analysis The CONSULTANT shall prepare and submit a Roundabout Analysis for the intersection of Cannel Dr. and Old Meridian St., Signal Timing Recommendations for Carmel Dr. and Pennsylvania St., and Signal Equipment/Detection/Phasing recommendations for Carmel Dr. and Pennsylvania St. to the LPA. Amended Appendix "A" is attached SECTION II INFORMATION AND SERVICES TO BE FURNISHED BY THE LPA. Page 1 of 3 No Change to Appendix `B". SECTION III TERM. No Change to Appendix "C". SECTION IV COMPENSATION. The CONSULTANT shall receive as payment for the work performed under this Agreement the total not to exceed fee shall change from $ 176,400.00 to $ 186,340.00 representing an increase of $ 9,900.00. Amended Appendix "D" is attached. Except as herein modified, changed and supplemented, all terms of the original engineering agreement, dated February 3, 2016; shall continue in full force and effect. Page 2 of 3 IN WITNESS WHEREOF, the.parties hereto have executed this Supplemental Agreement No. 1. RQAW CORPORATION Cluistine S. Pauley, City Clerk Treasurer CITY OF CARMEL w ignature James Brainard, Presiding Officer Lori S, Watson, Member Page 3 of 3 Ann Burke, Member APPENDIX"A" SERVICES TO BE FURNISHED BY CONSULTANT: In fulfillment of this Contract, the CONSULTANT shall comply with the requirements of the appropriate regulations and requirements of the Indiana Department of Transportation and Federal Highway Administration. The CONSULTANT shall be responsible for performing the following activities: Task i Environmental Services Task 2 Topographic Survey Data Collection Task 3 Geotechnical Services Task 4 Road Design and Plan Development (including Signing, Lighting and Pavement Markings Plans) Task 5 Right of Way Plan Development • R/W Engineering • Title Research • R/W Staking Task 6 Utility Coordination Services Task 7 Traffic Analysis Task I Environmental Services The CONSULTANT shall perform Environmental Services as defined in the scope of work and any addenda to that report when directed. The work may be reviewed by one or some combination of the following: the District, Office of Environmental Services and FHWA. The work will be accomplished following the relevant Federal Highway Administration regulations and guidance documents as well as all other pertinent and applicable federal and state requirements. All work shall comply with the National Environmental Policy Act (NEPA) and NEPA related regulations and guidelines. The consultant shall follow the Federal Highway Administration (FHWA)/INDOT Streamlining Process and comply with INDOT's Procedural Manual for Preparing Environmental Studies and Categorical Exclusion Manual. The CONSULTANT will develop the environmental analyses by coordinating with personnel responsible for the development of the project scope as well as the INDOT project manager. If requested by the LPA/1NDOT project manager, the CONSULTANT will attend the initial field meeting to identify potentially sensitive environmental considerations as well as other field meetings that are necessary to conclude their work. i The CONSULTANT will be responsible for all activities required to successfully complete the environmental documentation required by the NEPA and other pertinent and applicable laws and regulations. If the scope of a project changes following approval of the environmental document, the CONSULTANT may be asked to assess whether the document is still valid, and prepare additional environmental documentation if needed. The CONSULTANT will be responsible for notifying landowners and obtaining access as per State Page 1 of 13 Appendix "A" laws. The CONSULTANT will provide specialized studies required to complete the environmental document. This may include, but is not limited to, archaeological investigations, wetland delineations, stream quality analysis, endangered species studies, Section 106 documentation, hazardous materials investigations, environmental justice investigations, and cumulative impact studies. INDOT will schedule, conduct, all public information meetings/hearings. The CONSULTANT will be responsible for attending and participating in the presentation of information and production of displays/materials needed for INDOT's public information meetings/hearings. The CONSULTANT will be responsible for scheduling Section 106 consulting party meetings, coordination meetings, and resource agency meetings as needed. The CONSULTANT will coordinate with the District and/or Central Office staff to ensure compliance with INDOT's public involvement policy. The CONSULTANT will act as LPA/INDOT's representative at any public information meetings and public hearings. Deliverables -- The completed environmental document and/or other studies along with the appropriate number of copies will be transmitted to the LPA/INDOT project manager for distribution. The CONSULTANT will provide copies of correspondence related to the project if specifically requested to do so by LPA/1NDOT. Task 2 _Topographic Survey Data Collection The CONSULTANT shall survey the project location. The CONSULTANT shall obtain deeds of record, subdivision plats, and section or auditor plats for all properties within the project limits. The CONSULTANT's work shall be in accordance with I.C. 25-21.5; 865 I.A.C. 1-12; and the Indiana Design Manual, Part 3. If there is any conflict between T.C. 25-21.5, 865 T.A.C. 1-12, or the Indiana Design Manual, Part 3, the order of precedence shall be: 1. I.C. 25-21.5 2. 865 I.A.C. 1-12 3. Indiana Design Manual, Part 3 The signature, seal and registration number of the land surveyor registered in the State of Indiana, who was in responsible charge of the survey shall be affixed to the notes submitted to INDOT. Deliverables — The CONSULTANT shall provide LPA/INDOT with one set of original field notes (transit & level notes) and electronic copy for the data accumulation survey. Deeds of record, subdivision plats, and section or auditor plats for all properties within the project limits shall be submitted to LPA/INDOT. The field notes are to be in approved engineer field books. Task 3 Geotechnical SerYices The CONSULTANT shall make the necessary roadway geotechnical surveys, landslide investigations, and other special investigations and foundation exploration borings for projects at locations within the State of Indiana as directed by Indiana Department of Transportation (INDOT). Prior to entering upon private property for performing the work, the CONSULTANT shall follow the "Instruction for Entering Upon Private Property", as established by Legislative Acts of 1963. A copy of these instructions is on file with INDOT and is incorporated by reference. The work shall be performed in accordance with the requirements set out in the current Geotechnical Page 2 of 13 Appendix "A" Manual. The CONSULTANT may be required to do all work or only a portion thereof, as determined by the INDOT Office of Geotechnical Engineering. The CONSULTANT shall obtain and preserve samples of the subsoil as required, perform the necessary laboratory tests, perform the required geotechnical engineering analyses and prepare and furnish the necessary reports covering the information obtained. If the CONSULTANT is requested to perform the laboratory test on the soil samples and rock cores, these samples shall be delivered to its laboratory no later than at the end of each work week. If the samples are to be tested by INDOT they shall be delivered to the Division of Production Management, Office of Geotechnical Engineering, 120 S. Shortridge Road, Indianapolis, Indiana, no later than the following Monday of each work week. Each soil sample and rock core shall be clearly marked as to project number, contract number, structure number, road number, station, offset, boring number, sample number, core number, blow count depth, etc. INDOT shall determine who will do the laboratory testing and engineering during the drilling operations. During the drilling operations, whenever a shale material is encountered, the CONSULTANT shall notify INDOT in order to obtain further instructions for sampling procedures. Sampling procedures may include rock core sampling. Shale samples obtained from all core samples shall be tightly wrapped in cellophane or approved material immediately after removal from the core sampler to prevent moisture loss. The core samples shall be labeled in the following manner: 1. Project number 2. Contract number 3. Road number 4. Station, offset & elevation 5. Depth 6. Date 7. Sample marking 8. Sampled by 9. Length core run and length core recovery 10. Other and delivered to the Division of Production Management, Office of Geotechnical Engineering no later than the following Monday at the end of each week's work. Upon completion of the laboratory testing all soil samples and rock cores shall become the property of INDOT and shall be disposed of as directed by INDOT. Borings shall be made to the depth specified through whatever type of material is encountered, including boulders, fill and other types of obstructions. No measurements or payment will be made for borings abandoned or lost before reaching the specified depth except as provided below for "false starts". No boring shall be abandoned without first obtaining the approval from INDOT. If a boring cannot be completed due to encountering underground utilities or structures, the existence and location of which were not previously known, the boring will be considered a "false start" for which payment will be made. The depth of the false start will be measured and paid for at the unit price per foot established by this contract for the appropriate type drilling. Sounding items in this contract when used for determining the depth and limits of questionable weak subsurface soils shall only be used when the questionable weak subsurface soils are buried. Other type borings shall be used in order to more accurately determine their extent, after approval has been given by INDOT. The ground water level shall be measured upon completion of the drilling, at 24 hours after completion of Page 3 of 13 Appendix "A" the drilling, and at any later convenient times. After measuring the ground water level at completion of the borings, the boring holes shall be suitably covered, so that there will be no hazard to people, animals, or equipment. After 24 hours or later, when the ground water level has been measured and all other observations, records, and information have been obtained, the holes shall be filled in accordance with INDOT's current "Aquifer Protection Guidelines". The CONSULTANT shall prepare preliminary plans, an economic analysis with proposed economic solutions and preliminary estimates of cost, which shall be in accordance with the accepted standards for such work and in accordance with the following documents in effect at the time the plans or reports are submitted: American Association of State Highway and Transportation Officials' "A Policy on Geometric Design of Highways and Streets'; American Railway Engineering Association's "Manual for Railway Engineering'; Indiana Department of Transportation's Standard Specifications; Manual on Uniform Traffic Control Devices; Road, Bridge and Traffic memoranda and INDOT Design Manuals, except as modified by supplemental specifications and special provisions. Such preliminary plans and economical analysis shall be completed to the point required to fulfill the requirements for a Design Public Hearing, and no further work shall be done on the plans, unless and until specifically directed by INDOT. Following approval of the hearing plans, approval of the Environmental Document, and completion of the Public Hearing requirements, the CONSULTANT shall complete the final design and prepare contract plans, special provisions for the specifications and final cost estimates for the construction of the project. The cost estimate and unit prices for construction shall be prepared according to INDOT's current practices and shall include all items of work required for the complete construction of the work, including temporary work. The CONSULTANT shall provide project coordination necessary to develop final plans, including but not limited to: 1. Coordinating with and assisting the appropriate INDOT District and/or Transportation Management Tearn to develop a Traffic Control Plan, including any special elements identified in the Engineering Assessment report. 2. Coordinating with and supplying necessary plans and design information to INDOT'S railroad unit concerning bridge structures over or under railroads; at -grade highway- railway crossings within the limits of the project; surface, underground or overhead encroachment of railroad rights-of-way and preemption of traffic signals. 3. Coordinating and preparing necessary local agreements for sewers, sidewalks, maintenance of traffic, etc. 4. Coordinating the design with the design of adjacent projects to ensure construction compatibility and continuity. 5. If applicable, direct coordination with INDOT's real estate personnel to respond to questions, meet with property owners, when requested to do so, and submit right -of- way revisions to the real estate personnel in a timely manner. The CONSULTANT shall arrange and attend such conferences with officials of LPA/INDOT and other interested agencies, as required. The CONSULTANT shall prepare presentation materials for hearings and/or meetings and shall prepare and distribute minutes. Meetings shall include, but shall not be limited to: 1. Field Checks — The CONSULTANT shall arrange and attend the preliminary field check Page 4 of 13 Appendix "A" and final field check, if necessary. The CONSULTANT shall prepare the field check notification letter and distribute it along with plans. 2. Railroad Meeting — On projects that involve bridge structures over or under a railroad, the CONSULTANT shall arrange and attend a meeting with INDOT's Railroad Unit prior to the Stage 1 submittal, 3. Fish and Wildlife Meeting — On projects involving bridge structures over waterways and/or wetland replacement, the CONSULTANT shall submit the draft Fish & Wildlife Review form to the project manager prior to the preliminary field check. If requested, a meeting will be held with the District Environmental Scoping Section and/or INDOT's Office of Environmental Services. The final form shall be distributed by the CONSULTANT. The CONSULTANT shall prepare and submit pavement design requests to INDOT with necessary supporting information. On projects involving roadways running parallel to streams, the CONSULTANT shall make a study of the possible flood hazards that may be encountered on the project in accordance with 23 CFR 650, Subpart A, entitled "Location and Hydraulic Design of Encroachment of Flood Plains". The CONSULTANT shall perform hydraulic calculations in accordance with Chapter 4 of the Indiana Design Manual. Calculations for structures greater than 36" in diameter shall be submitted to INDOT's Hydraulics Unit for review. The CONSULTANT shall perform pH testing a minimum of two times throughout the life of the project design at existing pipe structure locations. When the difference between the first two readings is greater than 0.5, a third test will be required. The result of one of the pH tests may be available in the Geotechnical Report. The value of the pH shall be determined to the nearest 0,5 point. The lower pH value will determine the types of pipe allowed. It is preferable to perforin the pH testing at three different times of the year. On projects with existing underdrains that are not being replaced, the CONSULTANT shall locate existing underdrain outlets by field investigation, show the outlets on the plans, and design whatever corrective measures are necessary to provide a properly functioning underdrain system. The CONSULTANT shall perform all phases of work described in this Contract necessary to complete the design of the project in conformity with the policies and standards set forth in 23 CFR 625, and in conformity with the standards adopted by the American Association of State Highway and Transportation Officials and approved by the Secretary of Transportation. The CONSULTANT shall identify the permits required and supply completed permit application forms with documentation necessary to obtain the permits. The CONSULTANT shall prepare the construction plans so that the plans are in compliance with the required permits. The CONSULTANT shall track the status of permits and permit expiration dates to ensure that valid permits will be available for the current project construction schedule. The responsible registered professional engineer shall affix his/her seal to all plans, specifications and reports. The CONSULTANT shall review the contract bid package and coordinate necessary corrections with the Contracts Administration Division. Deliverables - The CONSULTANT shall submit all deliverables to INDOT in accordance with the Indiana Design Manual and Appendix C - Schedule. Page 5 of 13 Appendix "A" xask,5 Right of Way Plan Dev 1. Right of Way Engineering The CONSULTANT shall be responsible for activities necessary to certify that the right-of-way has been acquired and the project is clear for construction letting. The CONSULTANT shall prepare final right-of-way plans, title research, legal descriptions, route survey plats or right-of-way parcel plats, acquisition instruments and other materials to be used in the acquisition of right-of-way in accordance with the Right -of -Way Engineering Procedure Manual, hereinafter called the MANUAL and 865 I.A.C. 1-12. The CONSULTANT shall compare and study the title information and survey data furnished with it. The CONSULTANT shall write the legal description of every right-of-way parcel in conformity with the MANUAL. All documents, plats and plans prepared by the CONSULTANT are to be checked by the CONSULTANT prior to submittal to INDOT. All documents and plats requiring a seal under this Contract may not be reviewed by INDOT for content. If the plans, aerial mosaics, title information and surveys are furnished to the CONSULTANT, there is no expressed or implied guarantee that conditions so indicated are entirely representative of those actually existing, or that unforeseen developments will not occur. The CONSULTANT is required to examine carefully all such data and satisfy itself as to the actual conditions. In case of any obvious discrepancy between the information furnished by INDOT and the actual conditions of the locality, or in case of errors or omissions in said information supplied by INDOT, the CONSULTANT shall make such corrections or additions on the plans, plats, strips, maps, or mosaics as necessary for the proper carrying out of its services. The CONSULTANT is assumed to have made itself familiar with the plans, aerial mosaics, and surveys, and it shall not plead that INDOT or the CONSULTANT, if any, who prepared those materials should assume responsibility for adding the information thereto as required by this Contract and by the MANUAL. It shall be the CONSULTANT'S duty to immediately inform INDOT, in writing, of any such defect, error or omission which cannot be resolved without additional title search or field survey, or which cannot be made without altering the design extent or character of the right- of -way limits as shown by INDOT before proceeding on this portion of the work. The CONSULTANT may, with prior written approval of INDOT, undertake additional title research in order to resolve errors or omissions in provided abstracting, as may be deemed necessary by INDOT for the purpose of completing the work included in this Contract. The CONSULTANT may, with the prior written approval of INDOT, undertake field surveys for the purpose of checking title of plan data and/or for the acquisition of vital locative and boundary information which is not contained in existing records, as may be considered necessary to complete the work included in this Contract. The CONSULTANT may, when requested in writing from INDOT, undertake additional field work, such as right-of-way staking or general layout, as specifically instructed by INDOT. Each right-of-way (parcel) plat and each sheet of legal description and access control clause issued by the CONSULTANT shall be dated and shall bear the signature and seal of the Registered Land Surveyor (Indiana) by whom the same is prepared, or under whose personal supervision the same is prepared by his/ her regularly employed subordinates, and for which he/she takes full responsibility. The CONSULTANT shall bear the responsibility of recording the plats which it prepares. Taking possession and use by INDOT of completed portions of the work, at any time, shall not be deemed as acceptance of the work so taken or used. The CONSULTANT shall provide to INDOT, on appropriate electronic media, a copy of prepared legal Page 6 of 13 Appendix "A" descriptions, any computer generated land plats and all calculated coordinate points that relate to the work. The CONSULTANT agrees to attend such conferences with the officials of INDOT and other interested agencies, as may be required, in connection with the work. The CONSULTANT will make its services available to INDOT during the land appraising and acquisition for the interpretation of its work where disagreement may arise. The CONSULTANT will be available during appraising and acquisition in the event unforeseen or unusual conditions arise. The CONSULTANT shall review the construction plans to verify that the right-of-way lines shown match those shown on the final right-of-way plans prior to submitting final construction plans. Deliverables -The CONSULTANT shall famish the Right -of -Way Plans in accordance with Chapter 85 of the Indiana Design Manual. The CONSULTANT will submit each parcel file to INDOT upon completion of the described services. 2. Title Research Services A. PREPARATION OF TITLE AND ENCUMBRANCE REPORTS — PERMANENT RIGHT-OF-WAY COVER SHEET a. The TITLE AND ENCUMBRANCE REPORT cover sheet shall follow the format shown below. b. The cover sheet of each Title and Encumbrance Report shall be identified with the Project Number, County, Political Township, RW Code Number, Parcel Number, Road Number, Des. Number and the name of the presumptive fee owner as shown on the right-of-way plans. C. A brief legal description shall be provided, including the quarter section or subdivision Iot number, section number, township and range numbers (including direction), the acreage (unless in subdivision), and the assessed values of the land and improvements. d. The record owner(s), as of the certification date, shall be identified exactly as shown in the instrument vesting title in them. The address of the record owner(s) and complete recording information shall also be provided. e. Active mortgages shall be shown on the cover sheet. If multiple mortgages are active, a note may be used to direct the reader's attention to the chain of title. f. Judgments, easements and tax information shall be identified by the applicable entry numbers from the chain of title. The status of the taxes shall be noted on the cover sheet. g. The cover sheet shall include the certification statement shown below. The consultant performing the search shall sign and date the cover sheet. Page 7 of 13 Appendix "A" TITLE AND ENCUMBRANCE REPORT Indiana Department of Transportation Division of Production and Planning Real Estate Section RW Code: Parcel: County: Pol. Twp.: Project: Road: Des. No. Name on Plans: Assessed Values Description or Addition Sec. Twp. Rge. Acreage Land Improve. Ivey Number LAST OWNER OF RECORD Name: Address: Title Acquired By: MORTGAGE RECORD Mortgage Record: Page: Amount: Dated: Mortgagor: Mortgagee: Judgments: Easements: Taxes: Taxes are current. CERTIFICATE I certify that I have searched the records of the above named county for the required period of time and that all recorded transactions which affect the ownership of the caption real estate during that period are set forth in the attached chain of title. I further certify that the information summarized above represents the current status of the fee ownership and encumbrances against the caption real estate., DATED: SIGNED: CONSULTANT Page 8 of 13 Appendix "A" 2. CAPTION a. Page 2 shall begin with the identification of the property covered by the Title and Encumbrance Report, hereinafter referred to as the caption. The caption shall be identified by the instrument number of the instrument conveying title to the current fee owner. Any sell - offs shall be identified in the same manner. See Section A.4 for more information pertaining to the caption. 3. CONTIGUOUS PROPERTY a. A statement regarding contiguous property shall follow the caption identification. See Section A.5 for more information pertaining to contiguous property. 4. CHAIN OF TITLE a. The chain of title shall be presented as entries which address all conveyances and encumbrances that affect the caption property. The entries shall be listed chronologically, by date, from the oldest to the newest. b. The chain of title shall begin with the first conveyance of the caption property which falls at least twenty years prior to the day of the search and provides an adequate legal description. Each instrument which conveys or encumbers the caption, or a portion thereof, shall be listed as an entry in the chain of title. A copy of each instrument shall be attached to the Title and Encumbrance Report and labeled as to its respective entry number and the recorded book and page (or instrument) number. C. Each entry in the chain of title which conveys the caption, or a portion thereof, shall include the following information: grantor, grantee, type of conveyance or legal action, and complete recording information. d. Any sell -offs from the caption shall be identified as such and accepted. A copy of the conveyance from the owner of the caption shall be attached. In additions, any instruments referred to in the caption description, or required to define the caption description, shall be copied and attached. e. If the real estate described in the caption is part of a subdivision, one legible copy of the subdivision plat shall be furnished, including the complete metes and bounds description, dedication, all approvals and certificates, etc. One legible copy of the subdivision plats for any other subdivisions named in the instruments which convey the caption, or a portion thereof, shall also be furnished. f. In the event that the last conveying instrument contains an incomplete or faulty legal description, the Consultant shall make a note to that effect. g. When it is necessary to use the legal descriptions from two or more conveying instruments to formulate the caption, each legal description shall be given a tract number for reference purposes. h. All easements shall be fully described as to grantor, grantee, and complete recording information. A copy of the instrument shall be attached. Blanket easements which affect the entire caption may be described with a statement to that effect. i. Leases, liens, mortgages, assignments of rent, etc, shall be identified and described by the same method used for easements. In addition, any subsequent assignments shall be shown. j. The tax statement shall be the last entry and include the following information: the name under which the real estate is assessed, the political township, the "Key" number (with each tract identified, if applicable), the amount and current status of the taxes. k. Any defects in the chain of title shall be accompanied by the title researcher's note explaining the defect. 5. CONTIGUOUS PROPERTY a. A search for contiguous property is required for the Department's Engineering and Condemnation procedures. b. Contiguous property is property that is owned by the same entity as the caption and 1) has Page 9 of 13 Appendix "A" RFP: "unity for use" with the caption property, 2) is conveyed in the caption instrument or instruments, or 3) is adjacent to the caption property. c. Any property conveyed in the caption conveyance must be accounted for. It is either contiguous property (requiring a statement to that effect); has been sold off (requiring a copy of the instrument of conveyance); or is beyond a one mile radius of the caption property (requiring a statement to that effect). d. Any property that is known to have "unity of use" with the caption property shall be shown as contiguous property. e. Any property that is indicated on the plans supplied by the Department as being owned by the same entity as owns the caption property should be accounted for as contiguous. A statement indicating that contiguous property instruments are attached will suffice. f. A statement indicating that no contiguous property was found is required when none of the above conditions have been met. g. No liability shall be incurred by the Consultant regarding contiguous property. 6. AUDITOR/ASSESSOR PLATS a. The Consultant shall provide one copy of the Auditor's or Assessor's plat(s), which covers the project area, and one copy of any applicable subdivision plat(s). 7. GENERAL a. Each Title and Encumbrance Report and the attachments thereto shall be submitted in DUPLICATE. b. If there are any questions concerning the information required, or any problems that need to be discussed, please feel free to contact the appropriate District Real Estate Manager. C. The Consultant agrees to testify in court in behalf of the State on any title work prepared under this contract should he/she be required to do so by the Department. In consideration for actions taken by the consultant, the department will agree in writing to fees for testimony prior to the date the consultant must testify. d. The Consultant agrees to follow accepted principles and techniques as shown and any necessary interpretation of these furnished by the Department. Any parcel that does not meet such requirements shall be further documented without additional compensation to the Consultant. B. PREPARATION OF TITLE AND ENCUMBRANCE REPORTS — TEMPORARY RIGHT-OF-WAY 1. COVER SHEET a. The cover sheet shall follow the format as found in Attachment "1", with the words "TEMPORARY R/W" added to the title. b. The cover sheet of each Temporary R/W Title and Encumbrance Report shall be identified with the Project Number, County, Political Township, RW Code Number, Parcel Number, Road Number, and Des. Number and the name of presumptive fee owner as shown on the right-of- way plans. C. A brief legal description shall be provided, including the quarter section or subdivision lot number, section number, township and range numbers (including direction), the acreage (unless in subdivision) and the assessed values of the Iand and improvements. d. The record owner(s), as of the certification date, shall be identified exactly as shown in the instrument vesting title in them. The address of the record owner(s) and complete recording information shall also be provided. e. No mortgage search is required for temporary R/W. f. No judgment or easement searches are required for temporary R/W. g. The status of the taxes shall be noted on the cover sheet. h. The cover sheet shall include a certification statement which indicated that the search was abbreviated for temporary R/W purposes only. The consultant performing the search shall sign and date the cover sheet. Page 10 of 13 Appendix "A" rI' 2. CAPTION a. Page 2 shall begin with the identification of the property covered by the Title and Encumbrance Report, hereinafter referred to as the caption. The caption shall be identified with instrument number of the instrument conveying title to the current fee owner. Any sell - offs shall be identified in the same manner. See Section A.4 for more information pertaining to the caption. CONTIGUOUS PROPERTY a. A statement regarding contiguous property shall follow the caption identification. See Section A.5 for more information pertaining to contiguous property. 4. TAXES a, The "key" number and current status of the taxes shall be noted. Any delinquent taxes shall be identified. GENERAL a. The Consultant shall furnish a copy of the deed(s) which conveyed the caption to the current fee owner and any sell -offs. b. Each Title and Encumbrances Report and the attachments thereto shall be submitted in DUPLICATE. C. SUPPLEMENTAL TITLE AND ENCUMBRANCE REPORTS (UPDATES) 1. When requested, the Consultant shall provide title work from the date of the original Title and Encumbrance Report to the present date. The Consultant shall provide the following, in duplicate: a. A cover sheet which identifies any changes and the associated recording documents. In addition, the Consultant shall note the current status of the taxes. b. Copies of any documents recorded since the date of the original Title and Encumbrance Report which affect the caption property. The CONSULTANT shall perform utility coordination in accordance with the following: 1. The "New Paradigm" for utility coordination, as presented during Utility Coordinator Certification Training, including but not limited to: a. "Everyone knows where everyone goes" and b. "No surprises to our teammates". 2. 145 IAC 13 Utility Facility Relocations On Construction Contracts. 3. Indiana Design Manual (IDM) Chapter 104 Utility Coordination. The CONSULTANT shall have an INDOT certified Utility Coordinator as part of the project team. The CONSULTANT shall have an INDOT certified Utility Coordinator perform the following utility coordination tasks covered in IDM Chapter 104.: 1, Present project reports necessary for project delivery such as status reports and risk reports. 2. Recommend work plans for approval including, narrative portion, relocation drawing, cost estimates and proof of property interests. 3. Recommend work plan addendums for approval. 4. Lead or facilitate meetings involving utility specific activities such as `kick-off' meetings, conflict resolution meetings and reimbursement eligibility meetings. 5. Facilitate the discussion of cost estimates, reimbursement, reimbursable status or agreements with utility companies and INDOT. 6. Review and recommend approval of utility consultants and utility contractors. 7. Review and sign all required letters to utility companies. Page I 1 of 13 Appendix "A" ON S. Prepare and sign all required contract letting documents. 9. Conduct post letting coordination services. At the start of a project, the CONSULTANT shall develop and thereafter maintain a schedule of activities to deliver the project. The schedule shall include pre -letting and post -letting utility coordination activities, including but not limited to the following items. 1. Obtain from the INDOT Project Manager. a. The target date for the roadway to be open to traffic b. The target date for utility relocations to be complete. 2. Send out the initial notice. 3. Meet face to face with utility companies to determine: a. What are the utility right of way needs, b. What is the basis for reimbursement for the utility facilities, if any, c. What is the estimate of cost to relocate the utility facilities, d. What is the utility schedule to relocate, if such is necessary e. Where would the utility companies relocate their facilities, if such is necessary, f. How can the highway project be designed to avoid the utilities g. Do the utility companies have elevations for their facilities and is Subsurface- Utility Engineering (SUE) needed. 4. Send out the request for verification. S. Send out the request for conflict analysis. 6. Send out the request for work plans. 7. Delivery of the utility certificate and utility special provision to the INDOT Oversight Agent and INDOT Project Manager for approval, and. 8. Date each utility will be out of conflict with the highway project. All utility coordination services are under the direction of an INDOT Oversight Agent who coordinates with the INDOT Project Manager. The CONSULTANT shall design the project to avoid the relocation of utility facilities when feasible and to minimize the financial impact to the project and to the utilities. Prior to stage 2 plans, the CONSULTANT shall report in writing to the INDOT Project Manager and the INDOT Oversight Agent which utilities may be relocated and the reason they may be relocated. The CONSULTANT shall conduct office reviews, field reviews, investigations, meetings and communications as needed for utility coordination services. The CONSULTANT shall prepare notices, letters, drawings and agreements for utility coordination services. The CONSULTANT shall provide Iegal notice before entering private property. The CONSULTANT shall perform constructability reviews of the project and utility relocation work in accordance with the Constructability Manual, http://www.in,gov/indot/2697.bti-n The CONSULTANT shall prepare agreements for reimbursable utility relocation work and utility relocation work that will be performed by the INDOT highway construction contractor. The CONSULTANT shall determine if utility field check(s), utility coordination meeting(s), and utility conflict resolutions meeting(s) are needed, then schedule and conduct such when needed. Page 12 of 13 Appendix "A" Version 12-30-2013 When requested by INDOT, the CONSULTANT shall use subsurface utility engineering locating and designating information when investigating utility conflicts. The CONSULTANT shall review plan sheets, cross sections, relocation work plans and schedules to verify that identified utility facility conflicts are resolved. Before Stage 2 design is complete, the CONSULTANT shall have a face to face meeting with utility companies to discuss the following: 1. What are the utility right of way needs, 2. What is the basis for reimbursement for the utility facilities, if any, 3. What is the estimate of cost to relocate the utility facilities, 4. What is the utility schedule to relocate if such is necessary 5. Where would the utility company relocate their facilities if such is necessary, 6. How can the highway project be designed to avoid their facilities 7. Do the utility companies have elevations for their facilities and is SUE needed. Before Stage 3 design is complete, the CONSULTANT shall deliver to the INDOT Oversight Agent a revised estimate of the reimbursable utility relocation costs. Before the Ready for Contracts date, the CONSULTANT shall deliver to the INDOT Oversight Agent a work plan for each utility within the area of the project. A work plan includes narrative, drawing, cost estimate and easement documents as applicable. The work plans shall be delivered whether or not utility facility relocations are required. The CONSULTANT shall upload the following items for all utilities within the area of the project via the INDOT ERMS Web Portal not later than 90 days prior to the contract letting: 1. Utility relocation work plan 2. Utility coordination certificate 3. Utility special provision The CONSULTANT shall act as a liaison between utility companies and INDOT, answering questions, interpreting plans, coordinating activities, and other actions as needed. Task 7 Traffic Analysis The CONSULTANT shall prepare and submit a Roundabout Analysis for the intersection of Carmel Dr. and Old Meridian St., Signal Timing Recommendations for Carmel Dr. and Pennsylvania St., and Signal Equipment/Detection/Phasing recommendations for Carmel Dr. and Pennsylvania St. to the LPA. Page 13 of 13 Appendix "A" APPENDIX "D„ Compensation Version 12-30-2013 A. Amount of Payment 1. The CONSULTANT shall receive as payment for the work performed under this Agreement the total fee not to exceed $186.340.00, unless a modification of the Agreement is approved in writing by the LOCAL PUBLIC AGENCY and the Indiana Department of Transportation. 2. The CONSULTANT will be paid for the work performed under this Agreement on a lump sum basis in accordance with the following fees; Task 1 Environmental Documents $ 25,511.00 Task 2 Topographic Survey Data Collection $ 22,985.00 Task 3 Geotechnical Engineering and Pavement Design $ 11,336.00 Task 4 Roadway Design and Plan Development $ 107,908.00 Roadway Design - $82,558.00 Roundabout Layout and Calculations - $17,850.00 Lighting Design -$7,500.00 Task 5 Right -of -Way Plan Development (assuming 2 parcels) $ 8,700.00 1. Right -of -Engineering -- 2 X $2,750 = $5,500.00 2. T & E Reports — 2 X $500 = $1,000.00 3. Update T & E Reports — 2 X $150 = $300.00 4. Right -of Way Staking — 2 X $750 = $1,500.00 5. Appraisal Problem Analysis — 2 X $200 = $400.00 Task 6 Utility Coordination (As part of roadway Design) Task 7 Traffic Anaylysis $ 9,900.00 Total : $ 186,340.00 The CONSULTANTshall not be paid for any service performed by the LOCAL PUBLIC AGENCY or not required to develop this project. 3. For those services performed by other than the CONSULTANT, the CONSULTANT will be reimbursed for the actual invoice for the services performed by other than the CONSULTANT, provided that each invoice shall be subject to approval as reasonable by INDOT prior to any reimbursement therefore. B. Method of Payment 1. The CONSULTANT may submit a maximum of one invoice voucher per calendar month for Page 1 of 2 Appendix "D" Version 12-30-2013 work covered under this Agreement. The invoice vouchers shall be submitted to: Mr. Jeremy Kashman, City En ig neer City of Carmel Carmel City Hall One Civic Square Carmel, IN 46032 The invoice vouchers shall represent the value, to the City of Carmel, of the partially complete work as of the date of the invoice voucher. The CONSULTANT shall attach thereto a summary of each task in Section A.2 of this Appendix, including percentage completed and prior payments. 2. The City of Carmel, for and in consideration of the rendering of the services provided for in Appendix "A', agrees to pay to the CONSULTANT for rendering such services the fees established above in the following manner: a. For each task, and upon receipt of invoices from the CONSULTANT and the approval thereof by the City of Carmel, payments covering the work performed shall be due and payable to the CONSULTANT, such payments to be equal to an amount arrived at by multiplying the percentage of the specified work by the fee heretofore set forth. From the partial payment thus computed, there shall be deducted all previous partial fee payments made to the CONSULTANT. b. Upon approval by the City of Cannel, after submittal of the completed work, a sum of money equal to the fees heretofore set forth, less the total of the amounts of the partial payments previously paid to the CONSULTANT under section B.2.a of the Appendix "D", shall be due and payable to the CONSULTANT. C. The CONSULTANT shall only bill for work completed on the above tasks. If any task is eliminated then no additional billing will be allowed. If a portion of work is completed for a task then the CONSULTANT shall bill for that work completed. 3. If the City of Carmel does not agree with the amount claimed by the CONSULTANT on an invoice voucher, it will send the CONSULTANT a letter by regular mail and list the differences between actual and claimed progress. The letter will be sent to the CONSULTANT's address on page 13 of this Agreement or the CONSULTANT's last known address. Page 2 o£2 Appendix "D" v City �� (��}�'j�'}�� INDIANA RETAIL TAX. EXEMPT CERTIFICATE NO.003120155 002 0 Page 1 of 7 PURCHASE ORDER NUMBER. \, /J111 Jl. . . . ............ FEDERAL EXCISE TAX EXEMPT .33944 ONE CIVIC SQUARE _ 35-6000972 THIS NUMBER MUST APPEAR ORINVOICES, A1P CARMEL, INDIANA 46032-2584 i VOUCHER, DELIVERY MEMO, PACKING SLIPS, _ FORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL - 1997 1 SHIPPING LABELS AND ANY CORRESPONDENCE PURCHASE ORDER DATE DATE REQUIRED REQUISITION.NO. VENDOR NO. M DESCRIPTION 5117/2016 00350023 Project 15-18; INDOT-LPA Consulting Contract - Reimbursed by the State RQAW CORPORATION City Engineering's Office VENDOR 4755 KINGSWAY DR #400 SHIP 1 Civic Square TO Carmel,_IN 46032- ' INDIANAPOLIS, IN 46205--1547 Kate Lustig I. P� URCHASE ID. BLANKET CONTRACT PAYMENT TERMS w FREIGHT 4956 r QUANTITY UNIT OF MEASURE DESCRIPTION UNIT PRICE EXTENSION Department: 2200 Account: 94-650.04 Fund., 0 COIT Bond Fund 1. Each Des 1500444 - Carmel Drive and Old. Meridian Intersection Improvements - PE Send Invoice To: Skip Tennancour 8425. W ickl6W. W ay Brownsbu IN 46112 2016 CQITBond .PLEASE INVOICE IN DUPLICATE 'DEPARTMENT' I ACCOUNT SHIPPING INSTRUCTIONS 'SHIP PREPAID. 'C.O.D. SHIPMENT CANNOT BE ACCEPTED. 'PURCHASE ORDER NUMBER MUST APPEAR ON ALL SHIPPING LABEL 'THIS ORDER ISSUED, IN COMPLIANCE WITH CHAPTER.99 ACTS 1945 ANDACTS AME NDATORYTHEREOF'ANDSUPPLEMENT THERETO. ORDERED BY TITLE CONTROL NO. 3'3944 'CLERK -TREASURER $176,440.00 $176,440.00 Sub Total $176.4410.00 I vi cr-e 0-2.6- eyci s -H. -s P. C PROJECT PROJECTACCOUNT ( AMOUNT PAYMENT.$176,440.00 Ari VOUCHER CANNOT BE APPROVED FOR. PAY MENT UNLESS THE P.O.. NUMBER IS MADE A PART OF THE VOUCHE R AND EVERY INVOICE AND ;VOUCHER HAS THE PROPER SWORN AFFIDAVIT ATTACHED. "I HEREBY CERTIFY THAT THERE IS AN UNOBUGATED BALANCE IN THIS APPROPRIATION SUFFICIENT TO PAY FORTHE ABOVE ORDER c