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