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HomeMy WebLinkAboutBridge 139 Gray Rd/Cool CreekAGREEMENT FOR SHARING OF COSTS OF CONSTRUCTION OF BRIDGE 139 FOR GRAY ROAD OVER COOT, CRE~K This Agreement entered into and approved by the parties on the dates set out herein, between Hamilton County, Indiana (hereinafter referred to as "the County") and the City of Carmel (hereinafter referred to as "Carmel"); WITNESS THAT: WHEREAS, Hamilton County is responsible for the construction, reconstruction, and maintenance of bridges within the entire boundaries of Hamilton County, Indiana; and, WHEREAS, Bridge 139, which provides for Gray Road to cross Cook Creek is within the municipal limits of the City of Carmel; and, WHEREAS, Hamilton County will prepare plans and specifications for the reconstruction of Bridge 139 at an estimated cost of One Hundred Forty-eight Thousand Four Hundred Dollars ($148,400) as set out in Exhibit A; and, WHEREAS, Carmel is desirous of providing certain additions to Bridge 139 which will substantially increase the costs of the construction and reconstruction of Bridge 139, including widening sidewalks and other improvements which are estimated to increase the costs of the Project by One Hundred Twenty-eight Thousand Seven Hundred Seventy-five Dollars ($128,775) to a total of Two Hundred Seventy-seven Thousand One Hundred Seventy-five Dollars ($277,175) as reflected in Exhibit B; and, WHEREAS, it is in the best interest of the taxpayers of the County and Carmel that the improvements desired by the City of Carmel be included for the same construction project as the reconstruction of Bridge 139; WHEREAS, the parties are desirous of entering into an Agreement to equitably share the costs to construct the bridge improvements for Bridge 139 as set out in those plans and specifications for Bridge 139 (hereinafter referred to as "the Project"); and WHEREAS, Indiana Code 36-1-7 permits interlocal agreements between governmental entities. NOW, THEREFORE, the parties mutually agree as follows: 1. Hamilton County shall be the lead agency on the Project, and shall be primarily responsible for continuing to advance the Project by having the Project designed by a consulting engineer, by bidding the Project for construction, and supervising construction filings of the Project. As lead agency, the County shall keep Carmel informed concerning the status of the project. 2. The costs of the Project are estimated in Exhibit A which is attached hereto and made a part hereof. Final costs shall be determined upon the actual costs at completion of the Project. 3. Based on the estimated increased costs of providing the improvements requested by Carmel, the parties agree that all costs for the project shall be shared with fifty-four percent (54%) to be paid by the County and forty-six percent (46%) paid by Carmel. The County shall inform Carmel of the amount of the bids and keep Carmel advised of the cost of all change orders or additional costs for the Project. 4. The County shall maintain records of all costs incurred for the Project and shall provide reports of all costs incurred periodically. 5. Carmel shall seek an appropriation of Twenty-eight Thousand Seven Hundred Seventy-five Dollars ($28,775) within sixty (60) days of their approval of this Agreement to cover the costs of right-of-way design and land acquisition. Carmel shall seek an appropriation of the balance of their share of the costs of the Project when the County informs Carmel that the Project is to be released for bid within sixty (60) days. Carmel shall transfer their share of the costs of the Project, including contingency within ten days of the date bids are received by the County. 6. The amount paid by Carmel shall be held in a segregated line item dedicated solely to the costs of the Project. Any amount remaining in the account at the conclusion of the Project shall be refunded to Carmel. 7. This Agreement sets for the entire agreement between or among the parties. The parties shall not rely or seek to enforce any other written or oral agreements between or among the parties, if said written or oral agreements should exist. 8. This Agreement is the result of negotiations between the parties and their respective legal counsel, and no party shall be deemed to be the drafter of this Agreement. The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against either party. IN WITNESS WHEREOF, the parties to this Agreement have approved this Agreement on the dates set out below. Date: ATTEST.~ Jon Mi~Og~le,~jA~'ditor BOARD OF COMMISSIONERS OF ~haron R. Clark Dated: ATTEST: Clerk-Treasurer CITY OF CARMEL BY ITS BOARD OF PUBLIC WORKS Exhib i t A Estimate of Cost Gray Road over Cool Creek Hamilton County Bridge #139 Alternate A Bridge Reconstruction with Deck Ove.rlay and Concrete Railing Replacement I. Estimated Construction Cost II. Professional Services A. Survey B. Design C. Permit Applications D, Intermittent Construction Inspection E. Right*of-Way Engineering Estimate 0 Parcel @ 8400 F. Right-of-Way Services Value Finding w/Review and Negotiation Estimate 0 Parcel @ $2,400 G. Title Insurance Estimate 0 Parcel @ $375 H. Right-of-Way Staking Estimate 0 Parcel @ $500 Iii. Cost of Land and Improvements Temporary- $7,500/Ac. @ 0 Ac. IV. Utility Relocation Costs TOTAL 30,000 1,500 12,900 500 3,500 0 48,400 JAN 19 1995 Exhibit B Estimate of Cost Gray Road over Cool Creek Hamilton County Bridge #139 Alternate C Bridge Reconstruction with Deck Overlay and Concrete Railing Replacement. Bridge Widening with Sidewalk on West Side Only. Approach Sidewalk Extends 350' South of Bridge and 500' North of Bridge. I. Estimated Construction Cost I!. Professional Services A. Survey B. Design C. Permit Applications D. Intermittent Construction Inspection E. Right-of-Way Engineering Estimate 1 Parcel @ $400 F. Right-of-Way Services Value Finding w/Review and Negotiation Estimate I Parcel ~ $ 2,400 G. Title Insurance Estimate 1 Parcel @ $375 H. Right-of-Way Staking Estimate I Parcel @ $500 IIi. Cost of Land and Improvements Temporary- $7,500/Ac. ~ 0.40 Ac. IV. Utility Relocation Costs TOTAL $230,000 2,500 29,500 2,000 6,500 400 2,400 375 500 3,000 0 $277,175 J A N 19 1995