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HomeMy WebLinkAbout146th Utility Relocation CostsINTERLOCAL AGREEMENT BETWEEN THE CITY OF CARMEL. INDIANA, AND HAMILTON COUNTY~ INDIANA. CONCERNING UTILITY RELOCATION COSTS THIS AGREEMENT entered into by and between the City of Carmel, Indiana, ("the City") and Hamilton County, Indiana, acting by the Board of Commissioners of Hamilton County ("the County"); and, WITNESS THAT: WHEREAS, pursuant to an Interlocal Agreement (hereinafter referred to as "the Agreement") entered into between the City of Carmel, the Town of Westfield, and Hamilton County, Indiana, in 1995, the parties agreed that the County would maintain, improve, and construct improvements to 146~ Street throughout Hamilton County, including areas that were annexed into the City of Carmel and the Town of Westfield; and, WHEREAS, the County is in the process of making substantial improvements to 146th Street from the intersection of Spring Mill Road to State Road 37 (hereinafter referred to as "the Project"); and, WHEREAS, the City of Carreel owns and operates a water utility (hereinafter referred to as "the Utility") and the Utility presently has water lines throughout the right of way of 146th Street which will interfere with the construction of the Project; and, WHEREAS, the City of Carmel also has water lines through a certain parcel of real estate owned by the City on the south side of 146m Street and immediately west of Cool Creek; and, WHEREAS, it is in the best interests of the City, the County, and the satisfactory construction of the Project, that the water lines of the City be relocated away from the new pavement and drainage structures for the Project. IT IS THEREBY AGREED by the City and the County as follows: 1. The City agrees to relocate all water lines which are presently located in the existing fight of way or any private easements contiguous with the right of way to permit the improvement of 146th Street. 2. In order to partially defer the cost of relocating the lines, the County agrees to pay to the City the following amounts: a. Eighteen Thousand Two Hundred Dollars ($18,200), the receipt of which is hereby acknowledged by the City; b. Two Hundred Thousand Dollars ($200,000) as compensation to the City for relocation of the water lines. One Hundred Seventy Thousand Dollars ($170,000) of the above amount shall be paid by the County upon presentation of a claim at the conclusion of the relocation of the water lines of the Utility. The balance shall be held until the work set out in paragraph 7 is completed, at which time the net amount due from one party to the other party under this Agreement shall be paid. 3. The water lines shall be placed in a location which is mutually agreeable between representatives of the Hamilton County Highway Department and the Utility, which shall be within ten (10) feet of the south boundary of the new right of way of 146th Street unless there is a compelling reason to locate part of the lines elsewhere. 4. The City and the County agree to communicate and cooperate concerning the relocation of the lines and the City agrees to do said work as expeditiously as possible in order to facilitate the substantial completion of the 146th Street Project during the 2000 calendar year. For purposes of coordinating the work on this Project, the City's primary representative shall be Mr. John Duffy, and the County's primary representative shall be Mr. Jim Neal. 5. The payment by the County to the City shall be deemed full accord and satisfaction for any and all compensation which may be due from the County, as the unit of government responsible for construction of the Project, to the City, as the owner of the Utility. 6. The County shall not require from the City any permits or bonds normally required by the County for work within the right of way for the work described herein for the duration of this Project. The County will require the City to provide relocation plans to the County showing the location of the new water lines. The reloeation shall also be coordinated with the other utilities so that conflicts are eliminated. 7. The City agrees to pay the costs to physically remove all existing water mains within the project that are being abandoned and are in conflict with dri~nage structures, grading plans, or are within two feet of the top of the subgrade of the project. The City shall provide to the County plans showing the location of the water lines to be abandoned. The City shall also pay the costs to seal the ends of all existing water lines which are being abandoned and are not being removed such that no infiltration of soils is possible. As an alternate, in lieu of capping the ends of the pipes, the abandoned lines may be filled with flowable fill. The contractors for the County who are doing the construction of 146th Street shall perform the work described in this paragraph. The County will be responsible for approving the cost of the change orders for this work. All costs of the work shall be deducted from the final payment due to the City under paragraph 2b. After said deduction, the net amount due to either party shall be paid within thirty (30) days. The County shall provide to the City copies of invoices and/or change orders to perform the work described within this paragraph as they are present to the County for payment. The costs to be paid by the City under this paragraph shall not exceed Fifty Thousand Dollars ($50,000). 8. The parties agree that any disputes under this Agreement that cannot be resolved between the Board of Commissioners of Hamilton County or their designated representative, and the Mayor of the City of Carreel, and/or his designated representative, shall be submitted to mediation under the Indiana Rules of Alternative Dispute Resolution prior to the initiation of any litigation. 9. The paaies anticipate that all work under this Agreement shall be completed as quickly as possible, but in any event, prior to the conclusion of the year 2000 construction season. 10. This Agreement sets forth the entire Agreement between and among the parties. Any Agreement which would increase the costs and responsibilities of the parties shall be approved in writing and the parties shall not seek to enforce any oral agreement between the parties, other than the coordination of the work set out herein. 11. This Agreement shall be in full force and effect upon approval by the parties herein. Each party shall promptly inform the other party of any circumstances which would substantially delay, or preclude, their compliance with the Agreement. Dated: ATTEST: JonM. , uditor BOARD OF COMMISSIONERS OF HAMILTON COUNTY S~haro~ R lar~ Steve~in~ Steven A. Holt PASSED by the Common Council of the City of Carmel, Indiana, this/q/~9 day of ~,/! [/X_( ] ,2000, by a vote of ~7 ayes and 6) nays. COMMON COUNCIL OF THE CITY OF CARMEL esl in ~fiC Kirby ATTEST: Diana L. Cordray, IAMC, Clerk~T~rer D~ana L. Cordray, reasure  d20b0~.me, Mayor of the City of Carmel, Indiana, this ~ day olf -, r ard, Mayor Diana L. Cordray, I~C,~-Treasurer