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HomeMy WebLinkAbout116th St.ImprovementsHCHD#M-96001 I INTERGOVERNMENTAL AGREEMENT 7 This Agreement made and entered into on ('2,,~, ,, oq~ 199,6', and between the CITY OF CARMEL, INDIANA, acting by and through its Board of Public Works and Safety, (hereinafter referred to as the "CITY") and HAMILTON (~OUNTY, INDIANA, acting by and through its Board of Commissioners (hereinafter referred to as the "COUNTY"). WITNESSETH: WHEREAS, the COUNTY is anticipating using Federal Highway matching funds for the construction improvements and construction inspection of 116th Street from the eastem Carmel City Limits to the western Fisher' s Town Limits, plus certain improvements from River Road to the eastern Carmel City Limits, receipt of which will require 20 liercent matching funds from the local govermnent, and, WHEREAS, the COUNTY and the CITY are desirous of entering into an agreement to pay the costs of adding an additional eastbound lane, storm sewers, bike paths, sidewalks, and paving the road, to the CITY's portion of 116th Street from River Road to the beginning of the COUNTY's project at Station 6+754, Line "A" and the storm sewers from Station 6+754 to Station 6+900 hereafter referred to as the "SHARED PROJECT". Said lane and appurtenances would coincide with the COUNTY's roadway section on 116th Street. (See Attachment 'A') WHEREAS, it is in the best interest of the COUNTY and the CITY to cooperate in causing the 116th Street construction to be made pursuant to the Indiana Interlocal Govemmental Cooperative Act as found in Indiana Code 36-1-7. NOW THEREFORE, in consideration of the premises and the mutually dependent covenants herein contained, the CITY and COUNTY agree as follows: Section 1 The COUNTY shall prepare, or cause to be prepared, plans, specifications and special provisions for said reconstruction of 116th Street in Hamilton County and the City of Carmel, Indiana, from River Road to approximately 100 meters west of Cherry Hill Blvd. Page 1 of 5 Pages All work as specifically referred to herein and elsewhere in this Agreement shall be designed and constructed in accordance with the current INDOT Design Manual and Standard Specifications. Section 2 a. The COUNTY shall, if necessary, acquire all right-of-way to construct the improvements other than as set out in 2b below. Such services include, but are not limited to, right-of-way engineering, abstracting, appraising, review appraising, buying, property management, relocation assistance and condemnation. be' CITY shall acquire the permanent drainage easement and temporary right-of-way within the SHARED PROJECT, including all cost to cure items within the temporary . fight-of-way and drainage easement. Section 3 a. The COUNTY shall coordinate the relocation of all utilities. The COUNTY shall pay the costs of the relocation of utilities east of Station 6+900, if any is required to construct the work described in Section 1. b, CITY shall pay for cost of the utility relocation west of Station 6+900, if any is required to construct the work described in Section 1. Section 4 The COUNTY shall act as lead agency in the project and in doing so shall be responsible to obtain any and all necessary govemment approvals and permits for construction of said roadway section and costs thereof. Section 5 The COUNTY shall provide competent and adequate engineering, testing, and inspection services to monitor the contraetor's work. During construction, the CITY may inspect (at its own expense) the improvements within the SHARED PROJECT. The CITY shall promptly notify the COUNTY, in writing, of any deficiencies in the work within the SHARED PROJECT. Section 6 The cost of work covered by this Agreement shall be apportioned as follows: ae All costs to design, prepare plans, specifications and special provisions; shall be borne by the COUNTY. be Reimbursable utilities shall be as in Section 3 above. The COUNTY will bill the CITY for the work described in Section 3(b) upon the execution of a utility reloeation agreement by the COUNTY with each affected utility. The CITY shall make payment to the COUNTY for the costs listed in Section 3(b) within Page 2 of 5 Pages 45 days of receipt of an invoice from the COUNTY. It is not anticipated that Federal Funds will be used for these costs. c. The construction costs of the SHARED PROJECT shall be paid as follows: (1) Should Federal Highway matching funds be secured for said section of roadway, the CITY shall reimburse the COUNTY for 20 percent matching cost for the total con- struction cost of Shared PROJECT. (2) Should Federal Highway matching funds not be secured, the CITY shall pay the COUNTY the total cost of the SHARED PROJECT, but no more than, $90,000.00 for said construction. All costs to obtain fight-of-ways and easements shall be as in Section 2 above. Federal Funds will not be used for these costs. The parties agree to acquire or have filed for condemnation to acquire, all fight-of-ways and easements required to be obtained under this Agreement no later than April 1, 1997. Section 7 The COUNTY will bill the CITY for the work as described in Section 6(c) 30 Days prior to the letting of its local project. The CITY agrees to make the payment listed in Section 6(e) within 45 days after the CITY receives an invoice from the COUNTY. Section 8 This Agreement shall be recorded by the COUNTY in the Hamilton County Recorder's Office after approval by the COUNTY and the CITY, and shall be filed with the Mayor of the City of Carmel and the Hamilton County Auditor, all pursuant to I.C.S. 36-1-7-10, and shall not be deemed enforceable and binding until the same is so recorded and so filed. Section 9 This Agreement shall terminate' upon completion of the construction and inspection of the SHARED PROJECT. Section 10 Both parties agree to attempt to mediate any dispute under this contract prior to initialing any legal action. INSOFAR AS authorized by law, this Agreement shall be binding upon the parties, their successors or assignees. Page 3 of 5 Pages IN WITNESS, the parties have executed this Agreement. BOARD OF COMMISSIONERS HAMILTON COUNTY, INDIANA Stev~ ~ _ . Steven C. Dillinger BOARD OF PUBLIC WORKS AND SAFETY CARMEL, INDIANA ~ ATTEST: Jon M. e H~ County Auditor ATTEST: Diana Corday Clerk-Treasurer Page 4 of 5 Pages ACKNOWLEDGMENT State of Indiana County of Hamilton , SS: Before me, the undersigned Notary Public in and for said County personally appeared Steven C. Dillinger, Steven A. Holt, Sharon R. Clark, Members of the Hamilton County Commissioners and each acknowledged the execution of the foregoing agreement on this °'9 ..~ ,hO day of 6~F,t'-n-.rnP,~ ,19q6. Witness my hand and seal the said last named date. My Commission Expires F_,,-/0 /47t r'~ ', LTO )0 County of Residence Typed or Printed Name ACKNOWLEDGMENT State of Indiana, County of /'~n~;/~n , ss: Before me, the undersigned Notary Public in and for said County, personally appeared [~It~r dq,.ne.. , I.,.,,'l a;..,ae.,. , l~;]/y l... Nat filet, , of the Board of Public Works and Safety, Carmel, Indiana, and acknowledged the execution of the foregoing agreement on this .,;t,,q.n4 day of Witness my hand and seal the said last named date. My Commission Expires Notary Public County of Residence A:ge_3~,eapt Z. Typed or Printed Name Page 5 of 5 Pages ~,J (M#*tl ~91911t9 ~y (Mt~'I DIIGIle9 ~J ollrt k~f/,9 00l+9 009+9 I ,,,