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HomeMy WebLinkAboutLPA with INDOT for Rangeline Road - 1980STATE -LOCAL PUBLIC AGENCY AGREEMENT ised August 1980 0 CONSTRUCTION AND CONSTRUCTION ENGINEERING FOR FEDERAL AID PROJECTS THIS AGREEMENT, made and entered into by and between the State of Indiana, through the Indiana State Highway Commission, hereinafter referred to as the Commission, and the Local Public Agency, hereinafter referred to as the LPA. WHEREAS, through the cooperation of the LPA, the Commission and the Federal Highway Administration the following designated project is ready for letting by the Commission; Project No. M -B892(1), Rangeline Road from 116th Street to 4th Street in Carmel Item No. 70403 WHEREAS, the Federal Aid Funds allocated and available to the Commission for use in connection with this project are $ 2,137,500.00 approval of the Federal Highway Administration. Subject to the WHEREAS, the LPA's share of the cost shall be the total amount of the entire cost of said project (approximately $ 2,850,000.00 ) less the amount contributed by the Federal Government, through Federal aid, and the LPA has by' an appropriation duly made and entered of record appropriated the sum of $ 712,500.00 to apply to the cost of said project, which amount is estimated to equal the LPA's share of the entire cost of the project. IT IS THEREFORE AGREED by and between the Commission and the LPA as follows: 1. The plans and specifications for the proposed project shall be prepared by the LPA, through a competent and qualified engineer under the laws and regulations governing such project. 2. The plans and specifications shall be subject to the approval of the Commission and the Federal Highway. Administration. In the event that said plans and specifications are duly approved by said authorities, the Commission shall, within a reasonable time in accordance with the laws and regulations governing the letting of contracts by said Commission, advertise for bids, and upon receipt and approval 1 of 7 41) of an acceptable proposal the Commission shall award a construction coact therefore under the laws and regulations governing said Commission. The construction contract shall not be let for a price in excess of the funds available for construc- tion and such contract shall. be subject to the approval of the LPA, the Commission, and the Federal Highway Administration through their respective and proper authorities aforesaid before it shall become effective. 3. At the time of the awarding of the construction contract and before the beginning of the work thereunder, the LPA shall contribute and pay to the Commission, a sum equal to ninety percent (90%) of the LPA portion of the bid price for construction; and upon the completion of the contract, the LPA shall pay to the Commission any additional costs incurred for which the LPA is liable under the terms of this agreement. The LPA portion of the costs is the total payment to the contractor less the amount to be paid by the Federal Government from Federal -Aid funds allocated to this project. It is understood that the construction contracted is to be awarded based on unit prices, on estimated quantities; and if the total payment to the contractor under the construction contract is more or less than the estimated cost at the time of the signing of the construction contract, the LPA portion of the cost shall increase or decrease accordingly. In no case shall the LPA pay the State less than 25 % of the cost of the construction contract work, but may increase subject to deductions for any reimbursements of federal aid for construction costs, utility relocation costs and/or construction engineering costs to which the LPA is entitled. The LPA is entitled to such reimbursement only when advance approval has been granted by the respective State and Federal Highway authorities. Changes in the construction contract will not be made without approval of the LPA, the Commission and the Federal Highway Administration. 4. That in addition to the costhereinbefore mentioned, the LPA shall provide competent and adequate engineering, testing, and inspection service, or reimburse the Commission for the LPA share if these services are provided by the Commission, 2 of 7 to insure the performance of the work in accordance with the constructs contract, plans and specifications. The LPA, through the engineers and inspectors, shall make reports to the Commission as to the progress and performance of the work at such times as the Commission may require. The engineers and inspectors assigned to the project by the LPA may supplant and take the place of the project engineers and inspectors usually assigned to construction projects by the Commission. The Commission's supervising engineers will supervise the work the same as on other construction contracts. In the event that the engineering and inspection service to be performed by the LPA shall, in the opinion of the Commission, be incompetent or inadequate the Commission shall have the right to supplement the engineering and inspection force or to replace engineers or inspectors employed in such work at the expense of the LPA. In the event that construction engineering is performed by the LPA or by a consultant engineer under an agreement with the LPA, reimbursement of the federal aid portion of such eligible costs may be received by the LPA as follows: The LPA will submit claim vouchers to the STATE not more often than once per month during the progress of the work, for payment on account for the work completed during the period in question. When submitting claim vouchers the LPA will certify by its responsible officer and/or Engineer that those costs represented by the subject billing represent work physically completed by the consultant or by local forces. Upon approval of invoices by the STATE, the STATE will request Federal -aid funds from the Federal Highway Administration for the amount of the subject claim voucher, less 10% retention. Uponreceiptof Federal -aid funds, the STATE will make payment to the LPA, less the 10% retention as outlined above. Prior to final payment pursuant to this contract, a final audit of the LPA records will be made by the STATE, and upon approval thereof by the STATE, then final payment will be made in accordance with the procedure set out above. (It will be necessary, in the case of C.E. by consultant, that prior approval for overtime be 3 of 7 obtained from bot li'' LPA and ISHC). Obligation of Federal -aid funds extends only to project costs incurred by the LPA after the Indiana State Highway Commission authorization to proceed with the project. 5. The right-of-way for said Highway shall be of sufficient width to meet the approved designed standards for the project and any additional right-of-way necessary for any widening or relocation proposed for any part of said Highway, and shall be procured by the LPA in compliance with,Commission and Federal Highway Administration policies and procedures. 6. The LPA hereby agrees that all utilities which cross or otherwise occupy the right- of-way of said Highway shall be regulated on a continuing basis by the LPA with written use and occupancy agreements in accordancewith the Commission's utility accomodation policy titled "State of Indiana State Highway Commissions Policies Covering the Use and Occupancy of Public Highway by Utilities." 7. The LPA hereby consents to the construction of this project as provided for in this agreement and the construction contract, and upon and after the completion of the construction work in accordance with the plans and specifications and the approval thereof by the LPA, State and Federal Highway authorities aforesaid, the LPA shall control the highway described in this agreement and shall provide proper maintenance, satisfactory to the Commission and the Federal Highway Administration, at the LPA's expense. 8. The LPA, prior to final acceptance of the project by the Commission and the Federal Highway Administration, to regulate, place, - and maintain informational, regu- latory, and warning signs or other markings and traffic signals necessary for proper traffic operations of the project subject to the approval of the Commission and the concurrence of the Federal Highway Administration. 9. The engineering staff of the contracting unit shall maintain all books; documents, paper, accounting records and other evidence pertaining to the cost incurred and shall make such materials available at their respective offices at all reasonable times during 4 of 7 the contract period and for three (3) years from the date of final payt, by the Federal Highway Administration. The Federal Highway Administration, The Commission, or other authorized representative of any unit providing money for the project shall be furnished copies thereof if requested. 5 of 7 0 LY WITNESS 'WHEREOF The State of Indiana and the I�, t'_-:rctgc their undersignedrespective officials, Have hereunto affixed their signatures. Approved as to legality and fora Attorney General off Indiana Theodore Sendak BOARD OF Public works, Carmel J 6 of 7 STATE OF DIANA 3Y: LVDLAYA STATE HIGHWAY COMMISSION Executive Director Henry P. Wehrenberg Secretary cf Co -mission Jack Smitherman • ACXNOWLEDGMENT STATE OF INDIANA ) ss C:UNTY OF WAMTT,Tay On this 1st day of October (City) there appeared before me, a Notary Public in and for said :_ .) Jane A. Reiman Rally T. Wnikar and Fred T. Suri ft rczoectively, of the Board of-`lhthl i c Works of the City of Carmel (City) and stated that the above agreement was signed and attested in behalf of said ( ) WITNESS my hand and seal this int of Ontnbar 14 $p . My Commission Expire.. - 9/12/81+ day ACXNOWLEDG7AENT SATE OF INDIANA ) COUNTY OF MARION ) On this day of 10 SS there appeared before me, a Notary Public in and for said County, Executive Director of the Indiana State Highway Commission, and acknowledged the execution of above agree- ment in behalf of the State of Indiana WITNESS my hand and opal this day of , 14 My Commission Expires Prepared by of State Aid 7 of 7 Nottr/ Pubiic