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Home My WebLink AboutExtension 126th/Rangeline-US31AGREEMENT .. "THIS AGREEMENT, made and entered into this__~__~daY of _ ' 19 ~ , by and betwee~ the State of indiana, acting by and't'hrough the India State. Highway Commission, hereinafter referred to as the ;"STATE", a'nd the City of Carmel,- Indi.ana, acting by and through the ~oard of Public Works and Safety of the City of C~rmel, hereinafter referred to a~',the,-"CITY". W I T N E S'S E T H - .... :~"WHEREAS throUgh ~h~ cooperation of the CITY, the STATE and the Federa'l'Highway the ~ollo~ing project'in ~m~,,~,:d has been approved by the Federal Highway~Admin~stration,'.namely Project No: M-B884(1), providing for the extension of 126th Street from Rangeline Road to U.S. 31, and , WHEREAS, the C.ITY desires to Participate in the preliminary engineering on this }ro2ect using Federal-aid fu6ds allocated and'made available tQ the'STATE, and .WHEREAS, the STATE-is willing for the CITY to partiFipate in the preliminary engineering on'this project, subje~t'toapproval of the Federal Highway Administration. NOW THEREFO.RE, in consideration of the'mutual covenants, herein.contained, the parties her'eto mutually co~'enant and agree as follows: \ 1'.-~he CIT'Y wil~ comply with the applicable ~onditions ~et forth in. (1) Title 23, U.S~ Code, Highways, (2) the 'regulations.i~sued pursuant thereto, and.(3) the poli~.~es and procedures promulgate~ by the STATE 'and Federal High~ay Admini'stration relative to the project.'.· The CITY'At its discretion engage a competent and qualified · consultant to perform.the preliminary engineering for the City: Page 1 of 6 pages T~CITY'S'procedures for 'selection of consultants will be in accordance with applicable ~ederal Highway~Administra~ion requiromenbs and Indiana' State Highway Commission guidelines. Further, proPOsed a?eements will · be su~itted for Ind~an'a-State Highway Comnission and Federal Highway · Administration approval~prior to execution ~ All work perfo~ed.under this Agreement will be subject to review and approval of the Indiana State Highway Commission and the Federal Highway Administration. "~ lin the 'event tha't'acquisition of addi'tional right of way lis requ.ired ~or this project th'~.CIT~ agwees to comply with ?ight of way acquisition and relocation policias and procedures as follows: (a) ~if right of Way costs are to b~ progralr~ned for ~ederalZaid i' the ~.ITY agrees to comply with all Federal and State laws, fules·,.and regulations including Volume 7 of'ttYe Federal-Aid 'Highway Program Manual 'and PL 91-646, the Uniform Relocation Assista'nce and Real Prop~rty. Acqu~isition'Policies Act (84 Stat. 1894). (b) I.f right, of-way costs 'a~e not to be programmed for Federal-aid the' CITY agrees t'o comply with [1) A~I State rules and regulations, . (2) Title III of PL 91-6~6, the Uniform Relocation Assistance and Real'Property Acquisiti'on Policies Act (84 stat..1894) in the ' acquisitio'n of right of way,~ and (3) Title .II of said Act and Volume 7, Chapter 5 of the .Federal-Aid'.HighwaY Program Manual in' the ralocat~on of ind'ividuals, ~amili~s; businesses, farm operations, etc.,'if any are.involved. · Page 2 of 6 pages The CITY S snare of the cost for preliminary engineering wil' De ~ne the total amount of the entire cos~ incurred Dy the C}TY'less ~ne amount contributed Dy the Federal governmen~ ~nrough Federal-aid. 'The Federal sha~e of all eligible costs is 75%, or SUCh other amoun~ as may be allowed and [rovided Dy, law. If for any reason the STATE is required to repay ~o ~ne Federal qighway Administration the sum or sums of Federal 'funds paid ~o the CITY througn the STATE under the terms of this Agreement,'then the-CitY will repay to {he STATE SUCh sum or sums upon rece~p~ of a billing from the STATE. Payment for any an~all, costs incurred by the CITY which are no~eligible for Federal funding ~ill be t~e sole obl,igation of the CITY. The CITY w~l.1 receive payment of the Federal contribution, t~rougn Federaq- aid, for the eligible ~osts ~ncu~red under this Agreemen~ as, follows: a. The CITY will submit invoices To the STATE not more often tnan once per month during the ~rogress of the work, ~or ~aymen~ on account for the WOrK completed ouring the per,iod in question. D. When submitting'invoices for design costs for orojec{s which were' designe~ by a Consultant the CIT~ will certify Dy its responsible off~er an~/or Engineer ~na~ those costs represented by the suojec~ billing reprgsent d~sign work pnysical.ly completed Dy the consultant. The submission shal.1 be accompanied Dy a~co~y of the consultant's invoice for completed WORK. C. When submitting invoices for Right'of.Way ~ne CITY will furnish evidence showing that the CITY nas made payment for all costs for which reimbuKsemen~ is being invoiced. Page 3 of 6 pages .e. Upon approval of invoices by the STATE, the STATE will reoues~ Federal-aid fund~ from the Federal Highway Administration for the amoun~ of the Subject invoice claim. Upon receip~ of Federaq-aid funds, the STATE will maKe paymen~ to the CITY, less 10% which will De retained until final payment. Prior ~o final payment cJrsuan~ ~o this contract, a final audit. of the CITY recores will be maoe by the STATE, and upon approval o thereof by the STATE, ~nen.final payment will be made in accordance with'.the procedure set ou~ above. Obligation of Federal-aid funds ~x~ends only ~6 project costs lncurreo Dy the CITY after the Indiana State Hignway Commission authorization to proceem with.~ne~Dro2ec~. The'CITY and its suDcon~ractons will maintain all DOOKS, documents, DaDer~, accounting records ano otner evidence'pertaining ~o the cost =ncurreo ano shall make such materials available a~ their respective offices a; all ~easonable times during ~ne contract eeriod and for ~nree years from the date of final payment by the :ederal Hignway Administration ~o t~e CITY thru ;ne STATE under ~ne con~rac~, for inspection by the STATE, Federal Highway Administration or any other authorized representatives o~ the- Federal Governmen~ anQ:coDies thereof s~all De furnished if requested. The CITY agrees ~o.hold hand, less and indemnify ~ne State of Indiana, ~ne Indiana State Hi~nway Commission and ~ne Federal Highway Administration ~rom any and all 'iability for any act or omission ~0mmitted, suff~eo to De conTnitted, or omitted to De done, by any office, agent, employee, servant or con~ractor of the CITY un~er this agreement. Insofar as au;norized Dy law, this Agreemen~ shall De bindihg uQon ~n~ parties qereto their successors or assigns Page ~ of 6 pages IN ~ESTIMONY WHEREOF, ~ne oarties hereto have executed this agreemen.~, _THE CITY. OF CARMEL -.BOARD OF~PUBLIC WORKS~AND SAFETY THE.'STATE OF INDIANA THE INDIANA STATE HIGHWAY COMMISSION. .By Attest: By Executive ¢ireator Attest: J. N. Smitherma' Secretary to ~ne Commission. APPROVED &S TO LEGALITY AND FORM -heodore ~. Sendak Attorney General This instrument is ~repared by D. O. Epp Engineer of Consulting Services Page 5 of 6, pages a C K B 0 ., _ E'D G M E'N - County.of Before ~le, tne'undersigned Notary Public in and for said,,'Co~nty personally 'J~ne A. Reims, M~yor, Billy Walker s.ud Fred Swift, Bo~rd of lh~blic appeareo Works members, of the City of Carmel, Carmel, Indian~ · SS: Name of s~gners., their cfficial capacity and agency name -and eacn acknowledged ~ne execution of tne f~regoing'agreemen; on this Feb~ry . 19~ ' 80 19 oay of Witness my hand anu seal ~ne said last ~ameo dace. My C-ommission Exoires a C ~ N 0 ~ _ E D G M'E N - Sta.te of Indiana, County of Marion, SS: Before ne, tne undersigned Notary Public in anm for said County, oe'rsonal-y appeared Executive Director of'the Indiana State Highway Commission and acknowledged tne execution of the foregoing agreemeo; on this o~y of , 197 .Wi.tness my ha~d and.-seal ~ne said last nameo date. .My Commission Expires Notary. Public Page 6 of 6 pages