HomeMy WebLinkAboutImp Traffic Signals/State Hwy/Additional SignaturesA G R E E M.EN T
' THIS AGREEMENT, made and entered into this~/~day of
19.~(~ , by and between the'State of Indiana, acting:by and through.the Indiana state
Highway Commission, hereinafter referred to as the "STATE", and the City of Carmel,
Indiana','~cting by and through~the Board of Public'Works and Safety 6f the ~ity of
Carmel, hereinafter'referred to as the "CITY"':
W I TN ESS ETH
WHEREAS, through the cooperation of'the CITY, the STATE and the Federa] Highway
Administration, the'following project in Carmel has been approved by the Federal
H!gh~ay Administration, namely Project No: MG~O00C(96), providing fo~ the improvement
of:traf~ic, signa]ization at variouk'intersections in the City of Carmel,' and
WHEREAS, the CITY desires to participate'in the preliminary.engineering on
this project using .Federal-aid funds allocatedand made available to ~he STATE, and
WHEREAS, the STATE is willing ~or the CITY to participate in the. preliminary
engineering on th~s project~ subject to approval of the Federal Highway Administration.
.' NOW THEREFORE, in conside[ation' of the mutual covenants,, herein contained,
the ~arties hereto mutually covenant and ag[ee as'follows: ·
1. The CITY'will c~ply with the applicable conditions set forth
i6 (1) Title 23, U-~S. Code, Highways, (2) the regulations'issued
pursuant thereto, and (3) the policies and procedures promulgated.
by the STATE and Fedefal':Highwax Administration relative to the
prpject.
2. .The CIIY at i~ts discretion engage a competent and qualified
'donsultant to }erform the preliminary engineering for the CITY.
Pa~e i of 6 pages
'The CITY'S procedures for selection of consult'ants will
be
accordance, with applicable Federal Highway Administratio6'require-
ments and Indiana State Highway Commis.qion guideli6es. FurtheSt,
proposed agreements will. be submitted, f6r lndian~ State Hig'hway
Commission and Federal Highway Administration approval pr!or to
execution·
All. work performed under'this Agreement will be subject'to review
and approval of the Indiana State ~ighw~y'Commi~sion and the
Federal Highway Administration.
In the event'that]acquis!tion of additional r~.ght o~ way is ~equired
for this project the 'CITY agrees'to compl.y with right of way acquisition
and relocation~polic, ies and procedures as follows:
(a)
If right of way costs are to be programmed ~or Federal-aid
the CITY agrees 'to comply with all Federal and State laws,
rules', and regulations including Volume 7 of the Federal-Aid
Highway. Program Manual and PL 91-646, the Uniform Relocation
Assistance ~nd R~al..?roper~y Acquisition Poli~ies A~t (Sq Stat. 1894).
(b) If right of way costs are not to be programmed for Federal-aid the
CITY agrees .to comply w.ith (1)~All' State rules and.regula~i.ons,
(2) Title'III of PL.91-646, the Uniforni Reloca.ti~n Assistance
and Real Property Acquisition Policies Act (84 Stat. 1894)in' the
acquisition of right of way,.an~' (3) ~itle II of said Act and
VolUme 7, Chapter 5'of the Federal-Aid Highway Program Manu'al in.
the reloca.tion.of individuals, families, businesses
etc., if any are involved.
farm operations
Page 2 of 6. pages
5'.'.The CITY'S share o'f the cost for preliminary enflinee, ri~i w
the total, amount, of the entire cost incurred by tile CITY less Che
· amount contnibuted by'the Fe'de~:al government through Federal:aid.
: · The Federa.!'~hare of all eligible costs, is 100%, or such other amount
as may be allowed and p~ovided by law.
If for any reason th~ STATE 'is required to repay to the Federal
Highway Administration the sum or sums of 'Federal funds paid to th'e
CITY through 'the STATE under the ten~s of this Agreement, then the CITY
will repay to the STATE such sum or sums upon receipt of a billing'
from the ·STATE.
Payment for any and all costs incurred by the CIT'Y which,are not eligible
for Federa. 1 fu'nding' will be tile sole obligati'on of'the ~ITY. ,
6~ Th~ CITY will receive payment of the Federal conl:nibution, thrbugh Federal-
aid., .for the eligible costs'in, curred under this Agreement as follows:
C
The CITY will submit invoices'to tile.STAlE, no~ more often than
once per'month-during the progress of ~he work, for pa3nnent on
account for. the work COlmmple~ed duri~'~g the i)erio¢l in q~estion.
When su.bmitting invoices for design costs for projects which ,,.,,ere
designed 'by a Consu]tant the ·CITY will certffy by its iresponsibl'e.,
· "officer and/or Engineer that those costs represented' by the'subjecl~
· billing represent.design work physically completed by the consultant.
The submission shall be accom)anied.by a copy'of the consultant's
invoice for c6mpleted work. , .
When submitting invoices for Right of Way tile CITY will
furnish evide'nce showing that th'e CITY has made pabnnent for all
cost's for'which reimbursement is being invoiced.
Page 3 of 6 pages
d. Upoh a~proval Uf'invoices by ~he STATE,..the STATE will request
Federal-aid funds from the Fedel~al 'Highway· Administration For
invoTce claim.
the amount of'the subject " .
e. Upon receipt of Federal-aid .funds, 'the STAT. E will make payment
to the CITY-,' leis 10% which will 'be retained until final payment.
fi Prior to final payment·pursuant to this contract, a Final audit
of the CITY records will be made ~y the STATE, and upon approval
_thereo'f by t'he STATE, .then final Rayment will be made in'accofda'~ce
with the'procedure set·out above.
Obligation of Fe~Jeral-aid funds extends only to project' cost'$ incurred
by the'~CIT? after the Indiana St2$e Highway Commission authorization
to prgceed with' the project.·
The CITY and' its. subcontractors will maintain all books', documents, papers,
'accounting records and other evidence pertaining to the cos~ incurred and
shall n!ake such materials available at their respective offices at all
reasonable times during the cbntr~ct period and 'For three years froln the '
date of fi'na'l payment by the Federal Highway Administration to the CITY
thru the STATE under the contract, for inspection by the 'STATE, Federal
Highway Administra~tion or any other authorized representati'ves of the
Federal Government and copies thereof shall be furnished if requested.
The CITY agrees to hold harmless and indemnify the .State of Indiana, the
Indi'ana State Highway Colnmission and the Federal }~i. ghwaY Adm!nistration
from any and all-liability for any acl[ or omission committed, suFfe, red
to be committed, or omitted to be done, by any OffiGe, ag.ent, employee,
servant on contractor. ~f the CITY under this agree?ent.
Insofar as.authorized by law, this Amreement shall be.~indqng upon the
parties hereto their successors or assigns.
Page 4 of 6 pages
IN TEST.IMONY W}JEREOF, the partfes hereto have executed this. agFeenlent.
THE CITY. OF CARMEL
BOARD OF PUBLIC WORKS AND'SAFeTY
Fred'L., SwiZ'4~f.~ Y'
· ~ Billy L. Walker
By
Attest:
. - ~/
Dorothy.J. Hancock
THE STATE OF INDIANA
THE INDIANA STATE HIGltWAY COMMISSION'
E~/U ti ye- _ Director
HenrY P. Wehrenberg . ~ .
APPROVED AS TO LEGA[~IY~ ANDN~ORi~.; ~ , ·
Theodore L. Sendak
"Attorney General . RECEIVbD~-/3:'uO
This instrument is prepared by
..-"'/ /. ....
.D.O. Epp
Engineer of Consulting Services
~age 5 of 6 pages
A C K N O W L E D G H
State of
SS:
Before me,'th.e undersigned.Notary Public in and for said County personally
appeared~_. ~, ~ (-~t~o~, ~/t.~.~. ~ .~ ~~/~.~z.] ~/F/~.~2/
~Name of ~igners,' theO~ official cap,city/and.agency nal,16/ ' ~j~.~/~ ..F.~L.i
~ day of
and each acknowledged the execution of the foregoing agreement on this
Witness my hand and seal the said last named date.
My Commission Expires
Nota~y/_Nu b I 1-c
Dorothy J. Hancock
state Of Indiana,'County of Marion, SS:
Before'me, the undersig, ned Notary Publi~ in and for said Count3<, personally.
appeared 'He~ry p. Weh~enberg : , Executive Directorl of tile Indiana
State Highway Co~nmiss!on'and acknowledged the.execution of the foregoing agreement
on ~n.~s~ ~ez~ day of ~ , 19~0
~[<.W~tness-mg,~hand 6nd 'seal the said last named date.
My 'eomm i.s,~EX ~i~ e s
· Page 6 of 6 pages -
Notary Public .
Jeana" R. Claytor
R~sident cf Morgan County,