RQAW Corporation/Eng/176,440/Intersection Improvement at Old Meridian Street and Carmel DriveVersion 12-30-2013
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This Contract ("this Contract") is made and entered into effective as of kL3 , 201-k ("Effective Date") by
and between City of Carmel, acting by and through its proper officials ("LOCAL PUBLIC AGENCY" or
"LPA"), and ROAW Corporation ("the CONSULTANT") [a corporation/limited liability company
organized under the laws of the State of Indiana .
Des. No.: 1500444
Project Description: Intersection Improvement at Old Meridian Street and Carmel Drive
RECITALS
WHEREAS, the LPA has entered into an agreement to utilize federal monies with the Indiana Department of
Transportation ("INDOT") for a transportation or transportation enhancement project ("the Project"), which
Project Coordination Contract is herein attached as Attachment 1 and incorporated as reference; and
WHEREAS, the LPA wishes to hire the CONSULTANT to provide services toward the Project completion
more fully described in Appendix "A" attached hereto ("Services");
WHEREAS, the CONSULTANT has extensive experience, knowledge and expertise relating to these
Services; and
WHEREAS, the CONSULTANT has expressed a willingness to furnish the Services in connection
therewith.
NOW, THEREFORE, in consideration of the following mutual covenants, the parties hereto mutually
covenant and agree as follows:
The "Recitals" above are hereby made an integral part and specifically incorporated into this Contract.
SECTION I SERVICES BY CONSULTANT. The CONSULTANT will provide the Services and
deliverables described in Appendix "A" which is herein attached to and made an integral part of this
Contract.
SECTION H INFORMATION AND SERVICES TO BE FURNISHED BY THE LPA. The
information and services to be furnished by the LPA are set out in Appendix "B" which is herein attached to
and made an integral part of this Contract.
SECTION IH TERM. The term of this Contract shall be from the date of the last signature affixed to
this Contract to the completion of the construction contract which is estimated to be December 31, 2018. A
schedule for completion of the Services and deliverables is set forth in Appendix "C" which is herein
attached to and made an integral part of this Contract.
SECTION IV COMPENSATION. The LPA shall pay the CONSULTANT for the Services performed
under this Contract as set forth in Appendix "D" which is herein attached to and made an integral part of this
Contract. The maximum amount payable under this Contract shall not exceed $176,440.
SECTION V NOTICE TO PROCEED AND SCHEDULE. The CONSULTANT shall begin the
work to be performed under this Contract only upon receipt of the written notice to proceed from the LPA,
and shall deliver the work to the LPA in accordance with the schedule contained in Appendix "C" which is
hereinattached to and made an integral part of this Contract.
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Department of Law
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SECTION VI GENERAL PROVISIONS
1. Access to Records. The CONSULTANT and any SUB -CONSULTANTS shall maintain all books,
documents, papers, correspondence, accounting records and other evidence pertaining to the cost
incurred under this Contract, and shall make such materials available at their respective offices at all
reasonable times during the period of this Contract and for five (5) years from the date of final
payment under the terms of this Contract, for inspection or audit by the LPA, MOT and/or the
Federal Highway Administration ("FHWA") or its authorized representative, and copies thereof
shall be furnished free of charge, if requested by the LPA, INDOT, and/or FHWA. The
CONSULTANT agrees that, upon request by any agency participating in federally -assisted
programs with whom the CONSULTANT has contracted or seeks to contract, the CONSULTANT
may release or make available to the agency any working papers from an audit performed by the
LPA, INDOT and/or FHWA of the CONSULTANT and its SUB -CONSULTANTS in connection
with this Contract, including any books, documents, papers, accounting records and other
documentation which support or form the basis for the audit conclusions and judgments.
2. Assignment; Successors.
A. The CONSULTANT binds its successors and assignees to all the terms and conditions of this
Contract. The CONSULTANT shall not assign or.subcontract the whole or any part of this
Contract without the LPA's prior written consent, except that the CONSULTANT may assign
its right to receive payments to such third parties as the CONSULTANT may desire without
the prior written consent of the LPA, provided that the CONSULTANT gives written notice
(including evidence of such assignment) to the LPA thirty (30) days in advance of any
payment so assigned. The assignment shall cover all unpaid amounts under this Contract and
shall not be made to more than one party.
B. Any substitution of SUB -CONSULTANTS must first be approved and receive written
authorization from the LPA. Any substitution or termination of a Disadvantaged Business
Enterprise ("DBE") SUB -CONSULTANT must first be approved and receive written
authorization from the LPA and INDOT's Economic Opportunity Division Director.
3. Audit. The CONSULTANT acknowledges that it may be required to submit to an audit of funds
paid through this Contract. Any such audit shall be conducted in accordance with 48 CFR part 31
and audit guidelines specified by the State and/or in accordance with audit requirements specified
elsewhere in this Contract.
4. Authority to Bind Consultant. The CONSULTANT warrants that it has the necessary authority
to enter into this Contract. The signatory for the CONSULTANT represents that he/she has been
duly authorized to execute this Contract on behalf of the CONSULTANT and has obtained all
necessary or applicable approval to make this Contract fully binding upon the CONSULTANT
when his/her signature is affixed hereto.
5. Certification for Federal -Aid Contracts Lobbying Activities.
A. The CONSULTANT certifies, by signing and submitting this Contract, to the best of its
knowledge and belief after diligent inquiry, and other than as disclosed in writing to the LPA
prior to or contemporaneously with the execution and delivery of this Contract by the
CONSULTANT, the CONSULTANT has complied with Section 1352, Title 31, U.S. Code,
and specifically, that:
i. No federal appropriated funds have been paid, or will be paid, by or on behalf of the
CONSULTANT to any person for influencing or attempting to influence an officer or
employee of any federal agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with the awarding of
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any federal contracts, the making of any federal grant, the making of any federal loan,
the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any federal contract, grant, loan, or
cooperative agreement.
ii. If any funds other than federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any Federal
agency, a Member of Congress, an officer or employee of Congress, or an employee of
a Member of Congress in connection with this federal Contract, grant, loan, or
cooperative agreement, the undersigned shall complete and submit Standard
Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
B. The CONSULTANT also agrees by signing this Contract that it shall require that the
language of this certification be included in all lower tier subcontracts, which exceed
$100,000, and that all such sub -recipients shall certify and disclose accordingly. Any person
who fails to sign or file this required certification shall be subject to a civil penalty of not less
than $10,000 and not more than $100,000 for each failure.
6. Changes in Work The CONSULTANT shall not commence any additional work or change the
scope of the work until authorized in writing by the LPA. The CONSULTANT shall make no claim
for additional compensation or time in the absence of a prior written approval, and amendment
executed by all signatories hereto. This Contract may be amended, supplemented or modified only
by a written document executed in the same manner as this Contract. The CONSULTANT
acknowledges that no claim for additional compensation or time may be made by implication, oral
agreements, actions, inaction, or course of conduct.
7. Compliance with Laws.
A. The CONSULTANT shall comply with all applicable federal, state and local laws, rules,
regulations and ordinances, and all provisions required thereby to be included herein are
hereby incorporated by reference. If the CONSULTANT violates such rules, laws,
regulations and ordinances, the CONSULTANT shall assume full responsibility for such
violations and shall bear any and all costs attributable to the original performance of any
correction of such acts. The enactment of any state or federal statute, or the promulgation of
regulations thereunder, after execution of this Contract shall be reviewed by the LPA and the
CONSULTANT to determine whether formal modifications are required to the provisions of
this Contract.
B. The CONSULTANT represents to the LPA that, to the best of the CONSULTANT'S
knowledge and belief after diligent inquiry and other than as disclosed in writing to the LPA
prior to or contemporaneously with the execution and delivery of this Contract by the
CONSULTANT:
State of Indiana Actions. The CONSULTANT has no current or outstanding criminal,
civil, or enforcement actions initiated by the State of Indiana pending and agrees that it
will immediately notify the LPA of any such actions. During the term of such actions,
CONSULTANT agrees that the LPA may delay, withhold, or deny work under any
supplement or amendment, change order or other contractual device issued pursuant to
this Contract.
ii. Professional Licensing Standards. The CONSULTANT, its employees and
SUBCONSULTANTS have complied with and shall continue to comply with all
applicable licensing standards, certification standards, accrediting standards and any
other laws, rules or regulations governing services to be provided by the
CONSULTANT pursuant to this Contract.
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iii. Work Specific Standards. The CONSULTANT and its SUB -CONSULTANTS, if
any, have obtained, will obtain and/or will maintain all required permits, licenses,
registrations and approvals, as well as comply with all health, safety, and
environmental statutes, rules, or regulations in the performance of work activities for
the LPA.
iv. Secretary of State Registration. If the CONSULTANT is an entity described in IC
Title 23, it is properly registered and owes no outstanding reports with the Indiana
Secretary of State.
V. Debarment and Suspension of CONSULTANT. Neither the CONSULTANT nor its
principals are presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from entering into this Contract by any federal
agency or by any department, agency or political subdivision of the State and will
immediately notify the LPA of any such actions. The term "principal" for purposes of
this Contract means an officer, director, owner, partner, key employee, or other person
with primary management or supervisory responsibilities, or a person who has a critical
influence on or substantive control over the operations of the CONSULTANT or who
has managerial or supervisory responsibilities for the Services.
vi. Debarment and Suspension of any SUB -CONSULTANTS. The CONSULTANT's
SUB -CONSULTANTS are not presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from entering into this Contract by any
federal agency or by any department, agency or political subdivision of the State. The
CONSULTANT shall be solely responsible for any recoupment, penalties or costs that
might arise from the use of a suspended or debarred SUBCONSULTANT. The
CONSULTANT shall immediately notify the LPA and INDOT if any SUB -
CONSULTANT becomes debarred or suspended, and shall, at the LPA's request, take
all steps required by the LPA to terminate its contractual relationship with the SUB -
CONSULTANT for work to be performed under this Contract.
C. Violations. In addition to any other remedies at law or in equity, upon CONSULTANT'S
violation of any of Section 7(A) through 7(B), the LPA may, at its sole discretion, do any one
or more of the following:
i. terminate this Contract; or
ii. delay, withhold, or deny work under any supplement or amendment, change order or
other contractual device issued pursuant to this Contract.
D. Disputes. If a dispute exists as to the CONSULTANT's liability or guilt in any action
initiated by the LPA, and the LPA decides to delay, withhold, or deny work to the
CONSULTANT, the CONSULTANT may request that it be allowed to continue, or receive
work, without delay. The CONSULTANT must submit, in writing, a request for review to the
LPA. A determination by the LPA under this Section 7.1) shall be final and binding on the
parties and not subject to administrative review. Any payments the LPA may delay, withhold,
deny, or apply under this section shall not be subject to penalty or interest under IC 5-17-5.
8. Condition of Payment. The CONSULTANT must perform all Services under this Contract to the
LPA's reasonable satisfaction, as determined at the discretion of the LPA and in accordance with all
applicable federal, state, local laws, ordinances, rules, and regulations. The LPA will not pay for
work not performed to the LPA's reasonable satisfaction, inconsistent with this Contract or
performed in violation of federal, state, or local law (collectively, "deficiencies") until all
deficiencies are remedied in a timely manner.
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9. Confidentiality of LPA Information.
A. The CONSULTANT understands and agrees that data, materials, and information disclosed to
the CONSULTANT may contain confidential and protected information. Therefore, the
CONSULTANT covenants that data, material, and information gathered, based upon or
disclosed to the CONSULTANT for the purpose of this Contract, will not be disclosed to
others or discussed with third parties without the LPA's prior written consent.
B. The parties acknowledge that the Services to be performed by the CONSULTANT for the
LPA under this Contract may require or allow access to data, materials, and information
containing Social Security numbers and maintained by the LPA in its computer system or
other records. In addition to the covenant made above in this section and pursuant to 10 IAC
5-3-1(4), the CONSULTANT and the LPA agree to comply with the provisions of IC 4-1-10
and IC 4-1-11. If any Social Security number(s) is/are disclosed by the CONSULTANT, the
CONSULTANT agrees to pay the cost of the notice of disclosure of a breach of the security
of the system in addition to any other claims and expenses for which it is liable under the
terms of this Contract.
10. Delays and Extensions. The CONSULTANT agrees that no charges or claim for damages shall be
made by it for any minor delays from any cause whatsoever during the progress of any portion of the
Services specified in this Contract. Such delays, if any, shall be compensated for by an extension of
time for such period as may be determined by the LPA subject to the CONSULTANT's approval, it
being understood, however, that permitting the CONSULTANT to proceed to complete any
services, or any part of them after the date to which the time of completion may have been extended,
shall in no way operate as a waiver on the part of the LPA of any of its rights herein. In the event of
substantial delays or extensions, or change of any kind, not caused by the CONSULTANT, which
causes a material change in scope, character or complexity of work the CONSULTANT is to
perform under this Contract, the LPA at its sole discretion shall determine any adjustments in
compensation and in the schedule for completion of the Services. CONSULTANT must notify the
LPA in writing of a material change in the work immediately after the CONSULTANT first
recognizes the material change.
11. DBE Requirements.
A. Notice is hereby given to the CONSULTANT and any SUB -CONSULTANT, and both agree,
that failure to carry out the requirements set forth in 49 CFR Sec. 26.13(b) shall constitute a
breach of this Contract and, after notification and failure to promptly cure such breach, may
result in termination of this Contract or such remedy as INDOT deems appropriate. The
referenced section requires the following assurance to be included in all subsequent contracts
between the CONSULTANT and any SUB -CONSULTANT:
The CONSULTANT, sub recipient or SUB -CONSULTANT shall not
discriminate on the basis of race, color, national origin, or sex in the performance
of this Contract. The CONSULTANT shall carry out applicable requirements of
49 CFR Part 26 in the award and administration of DOT -assisted contracts.
Failure by the CONSULTANT to carry out these requirements is a material
breach of this Contract, which may result in the termination of this Contract or
such other remedy, as INDOT, as the recipient, deems appropriate.
B. The CONSULTANT shall make good faith efforts to achieve the DBE percentage goal that
may be included as part of this Contract with the approved DBE SUB -CONSULTANTS
identified on its Affirmative Action Certification submitted with its Letter of Interest, or with
approved amendments. Any changes to a DBE firm listed in the Affirmative Action
Certification must be requested in writing and receive prior approval by the LPA and
INDOT's Economic Opportunity Division Director. After this Contract is completed and if a
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DBE SUB -CONSULTANT has performed services thereon, the CONSULTANT must
complete, and return, a Disadvantaged Business Enterprise Utilization Affidavit ("DBE -3
Form") to INDOT's Economic Opportunity Division Director. The DBE -3 Form requires
certification by the CONSULTANT AND DBE SUB -CONSULTANT that the committed
contract amounts have been paid and received.
12. Non -Discrimination.
A. Pursuant to I.C. 22-9-1-10, the Civil Rights Act of 1964, and the Americans with Disabilities
Act, the CONSULTANT shall not discriminate against any employee or applicant for
employment, to be employed in the performance of work under this Contract, with respect to
hire, tenure, terms, conditions or privileges of employment or any matter directly or indirectly
related to employment, because of race, color, religion, sex, disability, national origin, ancestry
or status as a veteran. Breach of this covenant may be regarded as a material breach of this
Contract. Acceptance of this Contract also signifies compliance with applicable federal laws,
regulations, and executive orders prohibiting discrimination in the provision of services based
on race, color, national origin, age, sex, disability or status as a veteran.
B The CONSULTANT understands that the LPA is a recipient of federal funds. Pursuant to that
understanding, the CONSULTANT agrees that if the CONSULTANT employs fifty (50) or
more employees and does at least $50,000.00 worth of business with the State and is not
exempt, the CONSULTANT will comply with the affirmative action reporting requirements of
41 CFR 60-1.7. The CONSULTANT shall comply with Section 202 of executive order 11246,
as amended, 41 CFR 60-250, and 41 CFR 60-741, as amended, which are incorporated herein
by specific reference. Breach of this covenant may be regarded as a material breach of Contract.
It is the policy of INDOT to assure full compliance with Title VI of the Civil Rights Act of
1964, the Americans with Disabilities Act and Section 504 of the Vocational Rehabilitation
Act and related statutes and regulations in all programs and activities. Title VI and related
statutes require that no person in the United States shall on the grounds of race, color or
national origin be excluded from participation in, be denied the benefits of, or be subjected to
discrimination under any program or activity receiving Federal financial assistance.
(INDOT's Title VI enforcement shall include the following additional grounds: sex, ancestry,
age, income status, religion and disability.)
C. The CONSULTANT shall not discriminate in its selection and retention of contractors,
including without limitation, those services retained for, or incidental to, construction,
planning, research, engineering, property management, and fee contracts and other
commitments with persons for services and expenses incidental to the acquisitions of right-of-
way.
D. The CONSULTANT shall not modify the Project in such a manner as to require, on the basis
of race, color or national origin, the relocation of any persons. (INDOT's Title VI enforcement
will include the following additional grounds; sex, ancestry, age, income status, religion and
disability).
E. The CONSULTANT shall not modify the Project in such a manner as to deny reasonable
access to and use thereof to any persons on the basis of race, color or national origin.
(INDOT's Title VI enforcement will include the following additional grounds; sex, ancestry,
age, income status, religion and disability.)
F. The CONSULTANT shall neither allow discrimination by contractors in their selection and
retention of subcontractors, leasors and/or material suppliers, nor allow discrimination by
their subcontractors in their selection of subcontractors, leasors or material suppliers, who
participate in construction, right-of-way clearance and related projects.
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G. The CONSULTANT shall take appropriate actions to correct any deficiency determined by
itself and/or the Federal Highway Administration ("FHWA") within a reasonable time period,
not to exceed ninety (90) days, in order to implement Title VI compliance in accordance with
1NDOT's assurances and guidelines.
H. During the performance of this Contract, the CONSULTANT, for itself, its assignees and
successors in interest (hereinafter referred to as the "CONSULTANT") agrees as follows:
(1) Compliance with Regulations: The CONSULTANT shall comply with the Regulation
relative to nondiscrimination in Federally -assisted programs of the Department of
Transportation (hereinafter, "DOT") Title 49, Code of Federal Regulations, Part 21, as
they may be amended from time to time, (hereinafter referred to as the Regulations),
which are herein incorporated by reference and made a part of this Contract.
(2) Nondiscrimination: The CONSULTANT, with regard to the work performed by it
during the Contract, shall not discriminate on the grounds of race, color, or national
origin in the selection and retention of subcontractors, including procurements of
materials and leases of equipment. The CONSULTANT shall not participate either
directly -or indirectly in the discrimination prohibited by section 21.5 of the
Regulations, including employment practices when the contract covers a program set
forth in Appendix B of the Regulations.
(3) Solicitations for SUBCONSULTANTS, Including Procurements of Materials and
Equipment: In all solicitations either by competitive bidding or negotiation made by the
CONSULTANT for work to be performed under a subcontract, including procurements
of materials or leases of equipment, each potential SUBCONSULTANT or supplier
shall be notified by the CONSULTANT of the CONSULTANT'S obligations under
this Contract and the Regulations relative to nondiscrimination on the grounds of race,
color, or national origin.
(4) Information and Reports: The CONSULTANT shall provide all information and reports
required by the Regulations or directives issued pursuant thereto, and shall permit
access to its books, records, accounts, other sources of information, and its facilities as
may be determined by the LPA or INDOT to be pertinent to ascertain compliance with
such Regulations, orders and instructions. Where any information required of a
CONSULTANT is in the exclusive possession of another who fails or refuses to furnish
this information the CONSULTANT shall so certify to the LPA, or INDOT as
appropriate, and shall set forth what efforts it has made to obtain the information.
(5) Sanctions for Noncompliance: In the event of the CONSULTANT'S noncompliance
with the nondiscrimination provisions of this contract, the LPA shall impose such
contract sanctions as it or INDOT may determine to be appropriate, including, but not
limited to:
(a) withholding of payments to the CONSULTANT under the Contract until the
CONSULTANT complies, and/or
(b) cancellation, termination or suspension of the Contract, in whole or in part.
(6) Incorporation of Provisions: The CONSULTANT shall include the provisions of
paragraphs (1) through (6) in every subcontract, including procurements of materials
and leases of equipment,, unless exempt by the Regulations, or directives issued
pursuant thereto.
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The CONSULTANT shall take such action with respect to any SUBCONSULTANT
procurement as the LPA or INDOT may direct as a means of enforcing such provisions
including sanctions for noncompliance: Provided, however, that, in the event a
CONSULTANT becomes involved in, or is threatened with, litigation with a
SUBCONSULTANT or supplier as a result of such direction, the CONSULTANT may
request the LPA to enter into such litigation to protect the interests of the LPA, and, in
addition, the CONSULTANT may request the United States to enter into such litigation
to protect the interests of the United States.
13. Disputes.
A. Should any disputes arise with respect to this Contract, the CONSULTANT and the LPA
agree to act promptly and in good faith to resolve such disputes in accordance with this
Section 13. Time is of the essence in the resolution of disputes.
B. The CONSULTANT agrees that the existence of a dispute notwithstanding, it will continue
without delay to cant' out all of its responsibilities under this Contract that are not affected by
the dispute. Should the CONSULTANT fail to continue to perform its responsibilities
regarding all non -disputed work, without delay, any additional costs (including reasonable
attorneys' fees and expenses) incurred by the LPA or the CONSULTANT as a result of such
failure to proceed shall be borne by the CONSULTANT.
C. If a party to this Contract is not satisfied with the progress toward resolving a dispute, the
party must notify the other party of this dissatisfaction in writing. Upon written notice, the
parties have ten (10) business days, unless the parties mutually agree in writing to extend this
period, following the written notification to resolve the dispute. If the dispute is not resolved
within ten (10) business days, a dissatisfied party may submit the dispute in writing to initiate
negotiations to resolve the dispute. The LPA may withhold payments on disputed items
pending resolution of the dispute.
14. Drug -Free Workplace Certification.
A. The CONSULTANT hereby covenants and agrees to make a good faith effort to provide and
maintain a drug-free workplace, and that it will give written notice to the LPA within ten (10)
days after receiving actual notice that an employee of the CONSULTANT in the State of
Indiana has been convicted of a criminal drug violation occurring in the CONSULTANT's
workplace. False certification or violation of the certification may result in sanctions
including, but not limited to, suspension of Contract payments, termination of this Contract
and/or debarment of contracting opportunities with the LPA.
B. The CONSULTANT certifies and agrees that it will provide a drug-free workplace by:
Publishing and providing to all of its employees a statement notifying their employees
that the unlawful manufacture, distribution, dispensing, possession or use of a
controlled substance is prohibited in the CONSULTANT's workplace and specifying
the actions that will be taken against employees for violations of such prohibition;
ii. Establishing a drug-free awareness program to inform its employees of (1) the dangers
of drug abuse in the workplace; (2) the CONSULTANT's policy of maintaining a drug-
free workplace; (3) any available drug counseling, rehabilitation, and employee
assistance programs; and (4) the penalties that may be imposed upon an employee for
drug abuse violations occurring in the workplace;
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iii. Notifying all employees in the statement required by subparagraph 14.B.i above that as
a condition of continued employment, the employee will (1) abide by the terms of the
statement; and (2) notify the CONSULTANT of any criminal drug statute conviction
for a violation occurring in the workplace no later than five (5) days after such
conviction;
iv. Notifying in writing the LPA within ten (10) days after receiving notice from an
employee under subdivision 14.B.iii(2) above, or otherwise receiving actual notice of
such conviction;
V. Within thirty (30) days after receiving notice under subdivision 14.B.iii(2) above of a
conviction, imposing the following sanctions or remedial measures on any employee
who is convicted of drug abuse violations occurring in the workplace: (1) take
appropriate personnel action against the employee, up to and including termination; or
(2) require such employee to satisfactorily participate in a drug abuse assistance or
rehabilitation program approved for such purposes by a Federal, State or local health,
law enforcement, or other appropriate agency; and
vi. Making a good faith effort to maintain a drug-free workplace through the
implementation of subparagraphs 14.13.i. through 14.B.v. above.
15. Employment Eligibility Verification. The CONSULTANT affirms under the penalties of
perjury that he/she/it does not knowingly employ an unauthorized alien.
The CONSULTANT shall enroll in and verify the work eligibility status of all his/her/its newly
hired employees through the E -Verify program as defined in IC 22-5-1.7-3. The CONSULTANT is
not required to participate should the E -Verify program cease to exist. Additionally, the
CONSULTANT is not required to participate if the CONSULTANT is self-employed and does not
employ any employees.
The CONSULTANT shall not knowingly employ or contract with an unauthorized alien. The
CONSULTANT shall not retain an employee or contract with a person that the CONSULTANT
subsequently learns is an unauthorized alien.
The CONSULTANT shall require his/her/its subcontractors, who perform work under this Contract,
to certify to the CONSULTANT that the SUB -CONSULTANT does not knowingly employ or
contract with an unauthorized alien and that the SUB -CONSULTANT has enrolled and is
participating in the E -Verify program. The CONSULTANT agrees to maintain this certification
throughout the duration of the term of a contract with a SUB -CONSULTANT.
The LPA may terminate for default if the CONSULTANT fails to cure a breach of this provision no
later than thirty (30) days after being notified by the LPA.
16. Force Maieure. In the event that either party is unable to perform any of its obligations under this
Contract or to enjoy any of its benefits because of fire, natural disaster, acts of God, acts of war,
terrorism, civil disorders, decrees of governmental bodies, strikes, lockouts, labor or supply
disruptions or similar causes beyond the reasonable control of the affected party (hereinafter referred
to as a Force Majeure Event), the party who has been so affected shall immediately give written
notice to the other party of the occurrence of the Force Majeure Event (with a description in
reasonable detail of the circumstances causing such Event) and shall do everything reasonably
possible to resume performance. Upon receipt of such written notice, all obligations under this
Contract shall be immediately suspended for as long as such Force Majeure Event continues and
provided that the affected party continues to use commercially reasonable efforts to recommence
performance whenever and to whatever extent possible without delay. If the period of
nonperformance exceeds thirty (30) days from the receipt of written notice of the Force Majeure
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Event, the party whose ability to perform has not been so affected may, by giving written notice,
terminate this Contract.
17. Governing Laws. This Contract shall be construed in accordance with and governed by the laws of
the State of Indiana and the suit, if any, must be brought in the State of Indiana. The
CONSULTANT consents to the jurisdiction of and to venue in any court of competent jurisdiction
in the State of Indiana.
18. Liability. If the CONSULTANT or any of its SUB -CONSULTANTS fail to comply with any
federal requirement which results in the LPA's repayment of federal funds to INDOT the
CONSULTANT shall be responsible to the LPA, for repayment of such costs to the extent such
costs are caused by the CONSULTANT and/or its SUB -CONSULTANTS.
19. Indemnification. The CONSULTANT agrees to indemnify the LPA, its officials, and employees,
and to hold each of them harmless, from claims and suits including court costs, attorney's fees, and
other expenses caused by any negligent act, error or omission of, or by any recklessness or willful
misconduct by, the CONSULTANT and/or its SUB -CONSULTANTS, if any, under this Contract.
The LPA shall not provide such indemnification to the CONSULTANT.
20. Independent Contractor. Both parties hereto, in the performance of this Contract, shall act in an
individual capacity and not as agents, employees, partners, joint ventures or associates of one
another. The employees or agents of one party shall not be deemed or construed to be the employees
or agents of the other party for any purposes whatsoever. Neither party will assume liability for any
injury (including death) .to any persons, or damage to any property, arising out of the acts or
omissions of the agents or employees of the other party. The CONSULTANT shall be responsible
for providing all necessary unemployment and workers' compensation insurance for its employees.
21. Insurance - Liability for Damages.
A. The CONSULTANT shall be responsible for the accuracy of the Services performed under
this Contract and shall promptly make necessary revisions or corrections resulting from its
negligence, errors or omissions without any additional compensation from the LPA.
Acceptance of the Services by the LPA shall not relieve the CONSULTANT of responsibility
for subsequent correction of its negligent act, error or omission or for clarification of
ambiguities. The CONSULTANT shall have no liability for the errors or deficiencies in
designs, drawings, specifications or other services Punished to the CONSULTANT by the
LPA on which the Consultant has reasonably relied, provided that the foregoing shall not
relieve the CONSULTANT from any liability from the CONSULTANT'S failure to fulfill its
obligations under this Contract, to exercise its professional responsibilities to the LPA, or to
notify the LPA of any errors or deficiencies which the CONSULTANT knew or should have
known existed.
B. During construction or any phase of work performed by others based on Services provided by
the CONSULTANT, the CONSULTANT shall confer with the LPA when necessary for the
purpose of interpreting the information, and/or to correct any negligent act, error or omission.
The CONSULTANT shall prepare any plans or data needed to correct the negligent act, error
or omission without additional compensation, even though final payment may have been
received by the CONSULTANT. The CONSULTANT shall give immediate attention to
these changes for a minimum of delay to the project.
C. The CONSULTANT shall be responsible for damages including but not limited to direct and
indirect damages incurred by the LPA as a result of any negligent act, error or omission of the
CONSULTANT, and for the LPA's losses or costs to repair or remedy construction.
Acceptance of the Services by the LPA shall not relieve the CONSULTANT of responsibility
for subsequent correction.
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D. The CONSULTANT shall be required to maintain in full force and effect, insurance as
described below from the date of the first authorization to proceed until the LPA's acceptance
of the work product. The CONSULTANT shall list both the LPA and INDOT as insureds on
any policies. The CONSULTANT must obtain insurance written by insurance companies
authorized to transact business in the State of Indiana and licensed by the Department of
Insurance as either admitted or non -admitted insurers.
E. The LPA, its officers and employees assume no responsibility for the adequacy of limits and
coverage in the event of any claims against the CONSULTANT, its officers, employees, sub -
consultants or any agent of any of them, and the obligations of indemnification in Section 19
herein shall survive the exhaustion of limits of coverage and discontinuance of coverage
beyond the term specified, to the fullest extent of the law.
F. The CONSULTANT shall furnish a certificate of insurance and all endorsements to the LPA
prior to the commencement of this Contract. Any deductible or self-insured retention amount
or other similar obligation under the insurance policies shall be the sole obligation of the
CONSULTANT. Failure to provide insurance as required in this Contract is a material breach
of Contract entitling the LPA to immediately terminate this Contract.
I. Professional Liability Insurance
The CONSULTANT must obtain and carry professional liability insurance as follows:
For INDOT Prequalification Work Types 1.1, 12.2-12.6 the CONSULTANTS shall
provide not less than $250,000.00 professional liability insurance per claim and
$250.000.00 aggregate for all claims for negligent performance. For Work Types 2.2,
3.1, 3.2, 4.1, 4.2, 5.5, 5.8, 5.11, 6.1, 7.1, 8.1, 8.2, 9.1, 9.2, 10.1-10.4, 11.1, 13.1, 14.1
— 14.5, the CONSULTANTS shall carry professional liability insurance in an amount
not less than $1,000,000.00 per claim and $1,000,000.00 aggregate for all claims for
negligent performance. The CONSULTANT shall maintain the coverage for a period
ending two (2) years after substantial completion of construction.
II. Commercial General Liability Insurance
The CONSULTANT must obtain and carry Commercial / General liability insurance as
follows: For INDOT Prequalification Work Types 2.1, 6.1, 7.1, 8.1, 8.2, 9.1, 9.2, 10.1
- 10.4, 11.1, 13.1, 14.1 - 14.5, the CONSULTANT shall carry $1,000,000.00 per
occurrence, $2,000,000.00 general aggregate. Coverage shall be on an occurrence form,
and include contractual liability. The policy shall be amended to include the following
extensions of coverage:
Exclusions relating to the use of explosives, collapse, and underground damage
to property shall be removed.
The policy shall provide thirty (30) days notice of cancellation to LPA.
The CONSULTANT shall name the LPA as an additional insured.
III. Automobile Liability
The CONSULTANT shall obtain automobile liability insurance covering all owned,
leased, borrowed, rented, or non -owned autos used by employees or others on behalf of
the CONSULTANT for the conduct of the CONSULTANT's business, for an amount
not less than $1,000,000.00 Combined Single Limit for Bodily Injury and Property
Damage. The term "automobile" shall include private passenger autos, trucks, and
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similar type vehicles licensed for use on public highways. The policy shall be amended
to include the following extensions of coverage:
1. Contractual Liability coverage shall be included.
2. The policy shall provide thirty (30) days notice of cancellation to the LPA.
3. The CONSULTANT shall name the LPA as an additional insured.
IV. Watercraft Liability (When Applicable)
When necessary to use watercraft for the performance of the CONSULTANT's
Services under the terms of this Contract, either by the CONSULTANT, or any
SUB -CONSULTANT, the CONSULTANT or SUB -CONSULTANT operating
the watercraft shall carry watercraft liability insurance in the amount of
$1,000,000 Combined Single Limit for Bodily Injury and Property Damage,
including Protection & Indemnity where applicable. Coverage shall apply to
owned, non -owned, and hired watercraft.
2. If the maritime laws apply to any work to be performed by the CONSULTANT
under the terms of the agreement, the following coverage shall be provided:
a. United States Longshoremen & Harbor workers
b. Maritime Coverage - Jones Act
The policy shall provide thirty (30) days notice of cancellation to the LPA.
4. The CONSULTANT or SUB -CONSULTANT shall name the LPA as an
additional insured.
V. Aircraft Liability (When Applicable)
When necessary to use aircraft for the performance of the CONSULTANT's
Services under the terms of this Contract, either by the CONSULTANT or SUB -
CONSULTANT, the CONSULTANT or SUB -CONSULTANT operating the
aircraft shall carry aircraft liability insurance in the amount of $5,000,000
Combined Single Limit for Bodily Injury and Property Damage, including
Passenger Liability. Coverage shall apply to owned, non -owned and hired
aircraft.
The policy shall provide thirty (3 0) days notice of cancellation to the LPA.
3. The CONSULTANT or SUB -CONSULTANT shall name the LPA as an
additional insured.
22. Merger and Modification. This Contract constitutes the entire agreement between the parties. No
understandings, agreements or representations, oral or written, not specified within this Contract will
be valid provisions of this Contact. This Contract may not be modified, supplemented or amended,
in any manner, except by written agreement signed by all necessary parties.
23. Notice to Parties: Any notice, request, consent or communication (collectively a "Notice") under
this Agreement shall be effective only if it is in writing and (a) personally delivered; (b) sent by
certified or registered mail, return receipt requested, postage prepaid; or (c) sent by a nationally
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recognized overnight delivery service, with delivery confirmed and costs of delivery being prepaid,
addressed as follows: Notices to the LPA shall be sent to:
Mr. Jeremy Kashman, City Engineer
City of Carmel
Carmel City Hall
One Civic Square
Carmel, IN 46032
Notices to the CONSULTANT shall be sent to:
Kevin Jasinski, Project Manager
RQAW Corporation
10401 N. Meridian Street, Suite 401
Indianapolis, IN 46290
or to such other address or addresses as shall be furnished in writing by any party to the other party.
Unless the sending party has actual knowledge that a Notice was not received by the intended
recipient, a Notice shall be deemed to have been given as of the date (i) when personally delivered;
(ii) three (3) days after the date deposited with the United States mail properly addressed; or (iii) the
next day when delivered during business hours to overnight delivery service, properly addressed and
prior to such delivery service's cut off time for next day delivery. The parties acknowledge that
notices delivered by facsimile or by email shall not be effective.
24. Order of Precedence; Incorporation by Reference. Any inconsistency or ambiguity in this
Contract shall be resolved by giving precedence in the following order: (1) This Contract and
attachments, (2) RFP document, (3) the CONSULTANT's response to the RFP document, and (4)
attachments prepared by the CONSULTANT. All of the foregoing are incorporated fully by
reference.
25. Ownership of Documents and Materials. All documents, records, programs, data, film, tape,
articles, memoranda, and other materials not developed or licensed by the CONSULTANT prior to
execution of this Contract, but specifically developed under this Contract shall be considered "work
for hire" and the CONSULTANT assigns and transfers any ownership claim to the LPA and all such
materials ("Work Product) will be the property of the LPA. The CONSULTANT agrees to execute
and deliver such assignments or other documents as may be requested by the LPA. Use of these
materials, other than related to contract performance by the CONSULTANT, without the LPA's
prior written consent, is prohibited. During the performance of this Contract, the CONSULTANT
shall be responsible for any loss of or damage to any of the Work Product developed for or supplied
by INDOT and used to develop or assist in the Services provided herein while any such Work
Product is in the possession or control of the CONSULTANT. Any loss or damage thereto shall be
restored at the CONSULTANT's expense. The CONSULTANT shall provide the LPA full,
immediate, and unrestricted access to the Work Product during the term of this Contract. The
CONSULTANT represents, to the best of its knowledge and belief after diligent inquiry and other
than as disclosed in writing prior to or contemporaneously with the execution of this Contract by the
CONSULTANT, that the Work Product does not infringe upon or misappropriate the intellectual
property or other rights of any third party. The CONSULTANT shall not be liable for the use of its
deliverables described in Appendix "A" on other projects without the express written consent of the
CONSULTANT or as provided in Appendix "A". The LPA acknowledges that it has no claims to
any copyrights not transferred to INDOT under this paragraph.
26. Payments. All payments shall be made in arrears and in conformance with the LPA's fiscal policies
and procedures.
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27. Penalties, Interest and Attorney's Fees. The LPA will in good faith perform its required
obligations hereunder, and does not agree to pay any penalties, liquidated damages, interest, or
attorney's fees, except as required by Indiana law in part, IC 5-17-5, I. C. 34-54-8, and I. C. 34-13-1.
28. Pollution Control Requirements. If this Contract is for $100,000 or more, the CONSULTANT:
i. Stipulates that any facility to be utilized in performance under or to benefit from this
Contract is not listed on the Environmental Protection Agency (EPA) List of Violating
Facilities issued pursuant to the requirements of the Clean Air Act, as amended, and the
Federal Water Pollution Control Act, as amended;
ii. Agrees to comply with all of the requirements of section 114 of the Clean Air Act and
section 308 of the Federal Water Pollution Control Act, and all regulations and guidelines
issued thereunder; and
iii. Stipulates that, as a condition of federal aid pursuant to this Contract, it shall notify INDOT
and the Federal Highway Administration of the receipt of any knowledge indicating that a
facility to be utilized in performance under or to benefit from this Contract is under
consideration to be listed on the EPA Listing of Violating Facilities.
29. Severability. The invalidity of any section, subsection, clause or provision of this Contract shall not
affect the validity of the remaining sections, subsections, clauses or provisions of this Contract.
30. Status of Claims. The CONSULTANT shall give prompt written notice to the LPA any claims
made for damages against the CONSULTANT resulting from Services performed under this
Contract and shall be responsible for keeping the LPA currently advised as to the status of such
claims. The CONSULTANT shall send notice of claims related to work under this Contract to:
31. Sub -consultant Acknowledgement. The CONSULTANT agrees and represents and warrants to
the LPA, that the CONSULTANT will obtain signed Sub -consultant Acknowledgement forms, from
all SUB -CONSULTANTS providing Services under this Contract or to be compensated for Services
through this Contract. The CONSULTANT agrees to provide signed originals of the Sub -consultant
Acknowledgement form(s) to the LPA for approval prior to performance of the Services by any
SUB -CONSULTANT.
32. Substantial Performance. This Contract shall be deemed to be substantially performed only when
fully performed according to its terms and conditions and any modification or Amendment thereof.
33. Taxes. The LPA will not be responsible for any taxes levied on the CONSULTANT as a result of
this Contract.
34. Termination for Convenience.
A. The LPA may terminate, in whole or in part, whenever, for any reason, when the LPA
determines that such termination is in its best interests. Termination or partial termination of
Services shall be effected by delivery to the CONSULTANT of a Termination Notice at least
fifteen (15) days prior to the termination effective date, specifying the extent to which
performance of Services under such termination becomes effective. The CONSULTANT
shall be compensated for Services properly rendered prior to the effective date of termination.
The LPA will not be liable for Services performed after the effective date of termination.
B. If the LPA terminates or partially terminates this Contract for any reason regardless of
whether it is for convenience or for default, then and in such event, all data, reports, drawings,
plans, sketches, sections and models, all specifications, estimates, measurements and data
pertaining to the project, prepared under the terms or in fulfillment of this Contract, shall be
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delivered within ten (10) days to the LPA. In the event of the failure by the CONSULTANT
to make such delivery upon demand, the CONSULTANT shall pay to the LPA any damage
(including costs and reasonable attorneys' fees and expenses) it may sustain by reason
thereof.
35. Termination for Default.
A. With the provision of twenty (20) days written notice to the CONSULTANT, the LPA may
terminate this Contract in whole or in part if
(i) the CONSULTANT fails to:
Correct or cure any breach of this Contract within such time, provided that if
such cure is not reasonably achievable in such time, the CONSULTANT shall
have up to ninety (90) days from such notice to effect such cure if the
CONSULTANT promptly commences and diligently pursues such cure as soon
as practicable;
2. Deliver the supplies or perform the Services within the time specified in this
Contract or any amendment or extension;
3. Make progress so as to endanger performance of this Contract; or
4. Perform any of the other provisions of this Contract to be performed by the
CONSULTANT; or
(ii) if any representation or warranty of the CONSULTANT is untrue or inaccurate in any
material respect at the time made or deemed to be made.
B. If the LPA terminates this Contract in whole or in part, it may acquire, under the terms and in
the manner the LPA considers appropriate, supplies or services similar to those terminated,
and the CONSULTANT will be liable to the LPA for any excess costs for those supplies or
services. However, the CONSULTANT shall continue the work not terminated.
C. The LPA shall pay the contract price for completed supplies delivered and Services accepted.
The CONSULTANT and the LPA shall agree on the amount of payment for manufactured
materials delivered and accepted and for the protection and preservation of the property.
Failure to agree will be a dispute under the Disputes clause (see Section 14). The LPA may
withhold from the agreed upon price for Services any sum the LPA determine necessary to
protect the LPA against loss because of outstanding liens or claims of former lien holders.
D. The rights and remedies of the LPA in this clause are in addition to any other rights and
remedies provided by law or equity or under this Contract.
E. Default by the LPA. If the CONSULTANT believes the LPA is in default of this Contract, it
shall provide written notice immediately to the LPA describing such default. If the LPA fails
to take steps to correct or cure any material breach of this Contract within sixty (60) days after
receipt of such written notice, the CONSULTANT may cancel and terminate this Contract
and institute the appropriate measures to collect monies due up to and including the date of
termination, including reasonable attorney fees and expenses, provided that if such cure is not
reasonably achievable in such time, the LPA shall have up to one hundred twenty (120) days
from such notice to effect such cure if the LPA promptly commences and diligently pursues
such cure as soon as practicable. The CONSULTANT shall be compensated for Services
properly rendered prior to the effective date of such termination. The CONSULTANT agrees
that it has no right of termination for non -material breaches by the LPA.
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36. Waiver of Rights. No rights conferred on either party under this Contract shall be deemed waived,
and no breach of this Contract excused, unless such waiver or excuse is approved in writing and
signed by the party claimed to have waived such right. Neither the LPA's review, approval or
acceptance of, nor payment for, the Services required under this Contract shall be construed to
operate as a waiver of any rights under this Contract or of any cause of action arising out of the
performance of this Contract, and the CONSULTANT shall be and remain liable to the LPA in
accordance with applicable law for all damages to the LPA caused by the CONSULTANT's
negligent performance of any of the Services furnished under this Contract.
37. Work Standards/Conflicts of Interest. The CONSULTANT shall understand and utilize all
relevant INDOT standards including, but not limited to, the most current version of the Indiana
Department of Transportation Design Manual, where applicable, and other appropriate materials and
shall perform all Services in accordance with the standards of care, skill and diligence required in
Appendix "A" or, if not set forth therein, ordinarily exercised by competent professionals doing
work of a similar nature.
38. No Third -Party Beneficiaries. This Agreement is' solely for the benefit of the parties hereto.
Other than the indemnity rights under this Contract, nothing contained in this Agreement is intended
or shall be construed to confer upon any person or entity (other than the parties hereto) any rights,
benefits or remedies of any kind or character whatsoever.
39. - No Investment in Iran. As required by IC 5-22-16.5, the CONSULTANT certifies that the
CONSULTANT is not engaged in investment activities in Iran. Providing false certification may
result in the consequences listed in IC 5-22-16.5-14, including termination of this Contract and
denial of future state contracts, as well as an imposition of a civil penalty.
40. Assignment of Antitrust Claims. The CONSULTANT assigns to the State all right, title and
interest in and to any claims the CONSULTANT now has, or may acquire, under state or federal
antitrust laws relating to the products or services which are the subject of this Contract.
[Remainder of Page Intentionally Left Blank]
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Non -Collusion.
The undersigned attests, subject to the penalties for perjury, that he/she is the CONSULTANT, or that he/she is
the properly authorized representative, agent, member or officer of the CONSULTANT, that he/she has not,
nor has any other member, employee, representative, agent or officer of the CONSULTANT, directly or
indirectly, to the best of his/her knowledge, entered into or offered to enter into any combination, collusion or
agreement to receive or pay, and that he/she has not received or paid, any sum of money or other consideration
for the execution of this Contract other than that which appears upon the face of this Contract.
In Witness Whereof, the CONSULTANT and the LPA have, through duly authorized representatives, entered
into this Contract. The parties having read and understand the forgoing terms of this Contract do by their
respective signatures dated below hereby agree to the terns thereof.
CONSULTANT
Signature
5(4*00 13n44;-, vP ,?A,,<<QA)
Richard T. O'Connor, Chairman of the
Board '
est:
i_gnature
(Print or type name and title)
CITY OF CARMEL
Z,
Si attire
James Brainard, Presiding Officer
Signature
Lori S. Watson, Member
17
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 1 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
k 1 Environmental
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/INDOT 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.
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
laws.
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Appendix "A"
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/INDOT.
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 I.C. 25-21.5, 865 I.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 MOT.
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 Services
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
Manual.
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Appendix "A"
The CONSULTANT may be required to do all work or only a portion thereof, as determined by the
MOT 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
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,
Page 3 of 13
Appendix "A"
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
MOT's current "Aquifer Protection Guidelines".
Task 4 Road Design and Plan Development
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 MOT District and/or Transportation
Management Team 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 MOT'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
and final field check, if necessary. The CONSULTANT shall prepare the field check
notification letter and distribute it along with plans.
Page 4 of 13
Appendix "A"
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 deteiniine the types of pipe allowed. It is preferable to perform 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.
Task 5 Right of Way Plan Development
Page 5 of 13
Appendix "A"
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 WDOT. 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
descriptions, any computer generated land plats and all calculated coordinate points that relate to the
work.
Page 6of13
Appendix "A"
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 furnish 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 lot 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. Key Number
Name:
Address:
Title Acquired By:
LAST OWNER OF RECORD
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"
000
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.
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 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. 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"
RFP:
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.
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. TAXES
a. The "key" number and current status of the taxes shall be noted. Any delinquent taxes shall be
identified.
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)
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.
Task 6 Utility Coordination Services
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. 105 IAC 13 Utility Facility Relocations On Construction Contracts.
3. Indiana Design Manual (IDM) Chapter 104 Utility Coordination.
The CONSULTANT shall have an MDOT 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 MOT.
6. Review and recommend approval of utility consultants and utility contractors.
7. Review and sign all required letters to utility companies.
Page 11 of 13 Appendix "A"
RFP:
8. 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.
5. 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 MOT 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
MOT 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 legal 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.htm.
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.
Page 13 of 13 Appendix "A"
Version 12-30-2013
APPENDIX "B"
INFORMATION AND SERVICES TO BE FURNISHED BY THE LPA:
The LPA shall furnish the CONSULTANT with the following:
1. Criteria for design and details for roundabout, signs, signals, lighting, highway and structures
such as grades, curves, sight distances, clearances, design loading, etc.
2. Standard Specifications and standard drawings applicable to the project.
3. Plans of existing roadway, bridge, signals etc. within the project limits.
4. All written views pertinent to the location and environmental studies that are received by
MOT.
5. Traffic assignments, Traffic Signal Warrants (New Signal), Traffic Lighting Warrants (New
Lighting).
6. Necessary permit forms and permit processing (US Army Corps of Engineers, US Coast Guard,
and/or Indiana Department of Natural Resources).
7. Available data from the transportation planning process.
8. Utility plans available to INDOT/LPA covering utility facilities govern the location of signals
and underground conduits throughout the affected areas.
9. Provide access to enter upon public and private lands as required for the CONSULTANT to
perform work under this Contract.
10. Existing water quality data.
11. Assistance to the CONSULTANT by placing at his disposal all available information
pertinent to the project.
12. Designate a person as project coordinator to coordinate activities between CONSULTANT,
INDOT, LPA, UTILITIES and HAMILTON COUNTY.
Page 1 of 1 Appendix `B"
APPENDIX "C"
SCHEDULE:
Version 12-30-2013
No work under this Contract shall be performed by the CONSULTANT until the CONSULTANT
receives a written notice to proceed from the LPA.
All work by the CONSULTANT under this Contract shall be completed and delivered to the LPA for
review and approval within the approximate time periods shown in the following submission schedule:
• Topographic Survey and Route Survey Plat — 30 calendar days from Notice to Proceed.
• Stage 1 Plans — 30 calendar days from completion of Topographic Survey.
• Preliminary Field Check— 30 calendar days from acceptance of Stage 1 Plans.
• Stage 2 Plans — 30 calendar days from acceptance of Preliminary Field Check.
• Public Hearing and Design Approval — 90 calendar days from acceptance of Stage 2 Plans.
• Stage 3 Plans — 60 calendar days before Tracings Submittal (estimated August 4, 2017).
• Tracings —14 weeks prior to INDOT Letting (estimated October 4, 2017).
• Anticipated Ready for Contracts (estimated November 1, 2017).
• Anticipated Letting (estimated January 10, 2018)
Page 1 of 1 Appendix "C"
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 $176,440.00, 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)
Total : $176,440.00
The CONSULTANT shall 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
work covered under this Agreement. The invoice vouchers shall be submitted to:
Page 1 of 2 Appendix "D"
Version 12-30-2013
Mr. Jeremy Kashman, City Engineer
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 Carmel, 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 of 2 Appendix "D"