HomeMy WebLinkAboutBPW-10-25-07-01 Keystone Ave Trnsf
.
f-
i'
.1
I
i _
I '
l" CONFIDENTIAL & PR~~D~ED
RESOLUTION NO. BPW IO'2~-D"l- 01
RESOLUTION OF THE CITY OF CARMEL.BOARD OF PUBLIC WORKS At'ID SAFETY
RATIFYING MAYORAL SIGNATURE ON MEMORANDUM OF AGREEMENT FOR THE
TRANSFER At'ID CONSTRUCTION OF STATE ROAD 431 (KEYSTONE A VENUE)
WHEREAS, the executive officer of a municipality has the'right and authority under Indiana la..y to
e!1ter into, contracts on behalf of the municipal corporation; and '
WHEREAS, due to the exigencies of.time, City of Cannel Mayor James Brainard, upon the advice of
the Cannel City Attorney and relevant City departments, executed that' certain Memorandum of Agreement
("Agreement"), attached hereto and incorporated herein as Exhibit "A;'; and
WHEREAS, the City of Cannel Board of I:'ublic Works and Safety now desires to ratifY the above
actions of May or Brainard and to adopt the same as an act of the Board,
NOW, THEREFORE, BE IT RESOLVED by the Board of Public Works and Safety of the City'of
Cannel, Indiana, that:
1. The foregoing Recitals are fully incorporated herein by this reference:
2. The actions of Mayor James Brainard in executing the Agreement are hereby ratified and such
actions are now approved and adopted by the Board as.its own.
APpro~ed and Adopted .this g(.J.-I- day of ~ 2007.
CITY OF CARMEL, INDIANA
By and through its Board of Public Works and Safety
BY:
ur,'."Mern~e!., .r1 7
o -, ,.:s;- C-/
~ -. . ...
-
, .
lana Cordray, I
:,r;;./
Date: .
[Z:'E &$liMy Doc=maIllPW.RaDhltiQUS"1007\Rrift MI)OI' K~e.doc:ICVI7I2001 3,21 PM}
"
r:..
, .
d,
MEMORANDUM OF AGREEMENT
For Transfer and 'Construction of S.R. 431
PREAMBLE
,This .Agreeinent is 'made and entered into' by and betWeen the Indiana Department of
. :rnmsp6rtation (hereinafter referred' to as "INDOT"),' and . City of Carmel, indiana,
, (hereinaft~ referred to as the "CITY") and Jointly referred to as the "PARTIES" and is
. effective,as of the date signed'by the Office 9fthe Attorney General.
RECITALS
WHEREAS, Il\'IiOT currently incurs all the expense'of'all roadway,'pavement"bridge and all
. .other maintenance of State ~oad 431 (hereinafter "S.R. 431") in the CITY including but not,
'limited io repair, reconstruction, in~pection, snow and ice removal and right' of way
. maintenance; aild ,. . .
WHER;EA~, INDOT is planning major construction projects to ill)prove vehicular traffic flow on
U.S. 31 between 161 st Street and 96th Street and at the interchanges. ofI-465 and S.R. 431 and
1-465 and U.S. . 31 respectively, (hereinafter "Other Projects") which will impact the
vehicular traffic on S.R: 4'31; and
WHEREAS, INDOT has determined that S.R.,431 from the 96~Street intersection ~orth to
approximately U.S. 31 in the CITY will no loriger be required to serVice INDOT's regional.
ttansPortation mobility ne,eds in the state,highway system, liut will continue to serve a useful
,purpose and'as such, INDOT agrees to forego its own scheduled improvements to S.R. 431
and 'agro;:es ,to transfer portions:. of S:R: 43,1 (hereinafter the "Relinquished Road") (as
described in AttachIDent A, which is herein attached and incorpotated 'by l'eference) to the
. CITY and to participate in funding of impl:ovementsto S.R. 431 according to the ~erms of
this Agreement; and
WHEREAS, INDOT and the CITY desire to improve S:R. 43.1 and expedite pre~Construction
'.' deyelopnientand construction of Improvements to portions ofS.R. 43 i to ease congestion in all
'directions, increaSe safety, and facilitate traffic flow (hereinafter the "Project") (as described in .
'Attachment B, which is herein attached and incorporated by n:ference); and
WHEREAS, the CITY' desires .to accept the, Relinquished Road' and .be 'responsible for a1l
. roadway, paveinent, bridge. and' other maintenance' and roadway and storm water drainage
and alIoperations oftlie Relinquished'Road in perpetuity; and .'
WHEREAS, the PARTIES agree t~ .cooperate so that "the improvements to S.R. 431 are
. accomplished in a manner accommodating additional traffic that will divert to S.R. 431 from
the Othe, Proj ects; and
WHEREAS, I.C. 8-23.-4-10 and I.C. 8~23-4-12 auth~rize INDOT and the CITY to execute this
Agreement, . ."
1
..
"
. ".
, ,
,SPECIFIC PROVISIONS
NOW THEREFORE, in consideratio~ of the 'premises' and the mutually dependent rovenants
herein contained, the Parties hereio agree as follows:
1. Citv Responsible for Proie~t and Relinquished Road, Subject to th~terms of this Agreement,
the CITY agre'es to be so](:ly responsible for: (A) all design, right of way acquisition, utility
, relocation and clearance, permits, cOmpliance with all peimits and all environmental and
laws and regulations, procurement, construction, contract negotiation, letting and any and all
either matters related to tlie Relinquished Road and Project;,(B) any and all expenses in any
,manner related to the Relinquished ROild and the Project; and (C) all fuh!re maintenance,
operations, reconstruction and repair of the Rehnquished Road and all itS right or way,and
bridges.. '
'2-, Design Standards, 'Iniprovernents describdd in' Attachment B shall be designed in a~cordance '
with American Association of State, Highway'Transportation Officials (AASHTO) design
practices'and other industry standards including but,not limited to the Manual on ,Uniform
Traffic Control Devices; the JndianaDepartmenfofTransportation (INDOT) Design Manual;
and the City of Carmel Standards for Street Design.. ' ,
3, Cooperation/Other Proiects/ContractS, ' , (A) The Parties agree ,the CITY may restrict'
vehicular traffic as it, chooses on the Relinquished Road provided however, the Relinquished
Road shall be open to all 'vehicular traffic (including without limitation trucks, heavy vehicles '
'and all' other traffic) diverted during' construction of. the Otj1er Projects; such dates, tei be' ,
deteJminedby INO:OT: (B) The ciTY agrees to construct the Project (including, but not
limiied to pavement quality and 'thickness, laile width; and cf~arances unde)" all roundabouts;
bridges and other sllchstriictures} such that all vehicular traffic (as describ'ed in3(A})
. diverted'from the Other Projects can travel fh;ely on the Relinquished Road, (C) The Parties
agree that INDOT shall'in no way be liable or 'responsible for any costs, damage, ,wear and
,hear, diminished life, deterioration, or any oth'er loss to the ReliiHiuished Road in 'any manner
rel~t~d' to, vehicular 'traffic, diverted because of the Other Projects or conditions on any
INDOT road, highway or. right of way, (D) The CITY agrees to sequence and construct its
.'Project according'the terms of Attachment C (which is herein attached and'incorporated by
'reference). (E) The Parties further agree to form and partiCipate in a coordinating committee "
(the'~Cominittee) to review'and coordinate all plans and schedules pertaining tq the Project
and the ,Other Projects. Until such time 'as any P~y notifies the other cif a'changein its
contact person for the purposes of the Committe'e, the respective contacts shall lie:, " , . ,
I:or INDOT: Greg Kicinski, INDOT, lOON. Sel}ate Avenue, Indianapolis, Indiana' 46204.
Telephone number: 317-234-1543. Email address: 'gkiCinski@indotin.gov.
For the CITY: Mike McBrid~, City Engineer, City,OfCarmel Iildiana, One Civic SquBl'e"
, Carmel, IN, 46032, Telep):lOne: (3.17) 571-2441; Email Address: MMcBride@carmel.in,gov.
4. PaYment:' Pi'ovided the, CITY)s 'not in materiil breach of this Agreement arid fu11her
provided the ,Project' has not become materially delayed or been abandoned, INDOT agrees
'to make payment to the CITY according tofue'followingschedule: (A) FIFTY,MiLLION
D,OLLARS ($SO;OOO,OOO.OO) Within F:IFTEEN (is) business days afterthe CJTY'ssubmittal '
of an invoice to INDOT, provided this Agreement is fully executed'by all entities on the
signature'page prior to submittal'ofthe invoice; and (B) TWENTY MILLION'[)OLLARS
2
I.
';.
. '
($20,000,<'>00.00) in 2009 and (C) TwENTY MILLION DOLLARS ($20,000,000.00) in
2010; such 2009 and 20 I 0 payments to be made in each respec.tive year, within FIFTEEN
(IS) business days after the CITY?s submittal of an invoice to INDOT, but no earlier than
February IS'of each respective year. .','
5. Use of FundslRestrictions. The Parties agree that any pa;n;ent (and' any interest or other
. revenue' derived therefrom). made pursuant to this Agreemerit' shali, be 'used solely and
exclusively for the ProjeCt (as described',herein) and for. any impro,vements ~o 'connecting or
local roads. and intersections' only to accommodate vehicular traffic' load' arid diversion
attributable to construction of the Project ' F~er, the CITY agrees it will riot transfer, pledge,
assign; use as collateral, borrow against or otherwise risk or encuri1ber any' funds made as
paYment (including interest or other revenue earned therefromjfrom INDOT to the CITY for
the Project and Relinquished Road. .
6. Compliance with Laws. In addition to the 'General Provisions noted below in SectiOll 4 and for
clarity, ,the Parties agree that, subject to the terms of this Agreement'and, any applicable Federal
or.-State laws or any applicable U.S. Department of Transportation, U:. S: F!'lderal Highway
Administration, or .other applicable Federal or State regulations or policies (including but not
liPlited to contrell'of limited access right of:ways, heavy vehicle (tnick) traffic and emergency
access), upon transfer" of the Relinquished Road the 'CITY will have full responSibility for the
operation,. maintenance' and liabilitY of the Relinquished Road and INDOT will have no such
duties, obligation~ or responsibilities., To avoid confusion,. the Parties agree that INDOX will"
,retain control over any breaks in the limited access right of way lines, but agrees,in good faith to
work with both the CITY and the Federal Highway Adrriinistration with respect to any request
t9 break the limited access right of way line. '
7. Effective'Date of TransferfPuroose.lOtherTerms. The ,Parties agree the'transfer: of the
Relinquished Road from INDOT to the CITY shall be,effective at 6:00 pm on the dateINDOT
makes the FIFTY MILLION DOLLAR.($50,000,000.00) payment to the CITY referenced in
, Section4(A). The PaTties. further agree that the transfer described herein shall be in perpetuity.
For c1atity and to avoid any niisunderstanding, . and except as pmvided in this Agreement, the. ~
purpose of the transfer' of the, Relinquished Road is to transfer full responsibility for all
operation, maintenance, repair, construction and liability in any maimer associated With .the
Relinquished'Road from INDOT to the CITY. INDOT agrees to deliver to the CITY, within
Forty Five(45) days of the execution of this Agreement, all records and documents in INDOT's.-
possession or under lNDOT's control, either as originals or copies, describing ,or in any manner
relating to the Relinquished Road' or.anyelerrient thereof, necessary or desirable for the CITY to
design and,constJ.uct the Project ~nd necessaty or desirable for the CITY's con?nued ownership
and maintenance of.the Relinquished Road as provided in this 'Agreement. .
8. Snow Removal. INDOT recognizes and agrees the CITY may not be able t~ obtain sufficient
snow removal equipment or enter into snow removat contracts for the Relinquished Road in a'
timely or economical manner after the date' of relinquishment deScribed in Section 7, above.
Therefore, INDOT agrees,' if requested by the CITY,. to. remove 'snow and ice and apply
chemicals to the Relinquished Road, according to the procedures and schedules INDOT would.
have utiliz~ had' the Relinquished Road not Jlave been transferred to the CITY, through May'of
2008: The CITY agrees to reimburse INDOT for all snow removal and treatrrient c()stsaefually'
incurred by INDOT under l)1isSection8. The Parties agree INDOT will calculate .the actual
3.
cost of the 'snow removal provided to the CITY under this Section 8' and reduce the 2009
payment to the C).TY (described in,Section 4B, abo~e) by the amount so caIculated, ,as the
method ofieimbursement.
, ,
, 9. The Preamble and Recitals recorded above are incorporated into this Agreement.
GENERAL PROVISIONS
. ' ,
1. Access to Records. The CITY shall maintain all books, documents, paper~, correspondence,
accoimting records and other evidence pertaining to the Project, payments and cost incurred
, under .this Agreerrient, and shall rriakesuch materials available at its respective o:(fices at all
reasonable times during the period of this Agreement and for five (5) years' from, the date of
final payment under the terms of this Agreement, for inspection or audit by INOOT, or its
authorized representative, and copies thereof shall be furnished free of charge, ifrequested by
INOOT. , .
2. Atidit. The 'CITY acknowiedges that it may be required 'to sub,mit to ,an audit of funds paid
through this Agreement. Any such audit shall,be conducted in 'accordance with IC 5-1'1-1, et.
seq. and audit guidelines specified by the State and/or in accordance with audit requirements
specified elsewhere, in this Agreement. '
3. A.uthbritv to Bind CITY. The sighatory for the CITY watrants thathelshe has the necessaIy
authority to 'enter into this Agreement." The signatory for the CITY represents that he/she has
been ,duly authorized to.execute' this Agreement on behalf of the CITY, and has obtained all
; necessary or applicable approval to make this Agreement fully binding upon the CITy when '
hislhersignature is affixed and accepted by INOOT..
4.' Comtllian~e \~ith Laws (A) The CITY shall comply' with all applicable federal" state and
local laws, rules, regulations and ordinances, and all provisions required thereby to be
included her~in:are hereby inco'rporated by reference. The enactment of a'ny state or federal
statute;-or the prOl:nulgati6n ofregu.lations,thereunder, after execution of this Agreement shall
be reviewed by INOOT and' the CITY: to determirie whether. foiplal rriodifications are '
required to the provisions of this Agreement. (B) The CITY and its agents shall abide by all
ethicalrequirenierits'that apply to persons who have a business, relationsl1ip with the'State, as
set forth in~diana Code ~ 4-2-6, 'et seq., Indiana Code S 4-2-7, et. seq" the regulations,
promulgated.thereunder, and Executive Order 05-12, dated January 12, 2005. If the CITY is
not familiar with these ethical requirements; ih~ CITY should refer iu:Y questions to the '.
Indiana 'State 'Ethics, Commission, or visit the Indiana State' Ethics Commission .website at
<<http':!/www.in.gov/ethics/>>>. if the CITY or (ts agents violate any'appiicable ethical
standards, the State rnay,at its .sole discretion, terininate this Agreement immediately upon
'notice to the CITY. In addition; the CITY may be subject to penalties under Indiana Code s~'
4-2-6 and 4-2-7, arid under any ,other applicable state or federal laws. '(C) The CITY
. certifies by entering i!lto'this Agreement, that neithter it nor its principal(s) are preseritly in
arrears in paym~nt of ilsfaxes,perrnit fees' or other statutory, regulatory or judiciallyrequire~
. payments to the State of Indiana. Further, the CITY . agrees that any payments in arr,ears an;! .
currently'due to the State of If!diana may be withheld from paymerits due to the 'CITY.
Additionally, further' work or paYn:ents may bewitliheld, delayed, or denied andlor 'thi~ '
4
, Agreement. suspended until the CITY becomes current in ,its paYments and has submitted
proof of . such payment to INDOT. CD) 'The CITY warrants that it has no 'current or
outstanding criminal; civil, or enforcement actions initiated by the State of Indiana hending,
and agrees that it will immediately notify INDOT of any such actions. (EY If a valid dispuie
eXists as'to the CITY'S liability or guilt in any action initiated by the State ofIndiana or its'
, agencies, aridTNDOT decides to delay,withhold, or deny work to the CITY, the CITY may
r~quest that it be allowed to continue, or receive work, without dday. The CITY must"'
submit, in \,\,riting, a'request for review to INDOT: A determination by the INDOT shall be
tinal and binding on the parties and not subject to administrative review. Any payments that'
the INDOT may delay, withhold, deny, or apply under this section shall ndt be subject to '
penalty or interest under IC 5-17-,5. (F) The CITY represents and",warri\llts tha~ the CITY
shall obtain and:maintain all required permits, Iicehses,.registrations and' approvals, as.well as ,
'comply with all, health, safety, and environmental statUtes, rules, or regulatioris in the
perfomiance of work on tlie Project. Failure to do so may'be deemed amaterial breach of
this Agreement.
5. Drug-Free WorkiJlaceCertification. The CITY hereby coven~nts and agrees.to !!lake a good
faith effort to provide and maintain a drug-free worKplace, and,that it will give written notice to
the fNDOT and the Indiana Department 'of Administration within ten (10) ,days after receiving
, actual notice that an empioyee of the CITY in the State of Indi"llna has be,en convicted of a
criminal'drug violation occulring it'! th'e CITY'S workplace. False certitication or Violation of.
the certification may resUlt in sanctions including, but riot limited to, suspension cif Agreement
p~yments,'terrnination of the Agreement and/or debarment of-contracting opportunities \'\lith
the State of Indiana forup to three (3) years.. '
'" In addition to the provisions of the above paragraphs, if the total Agr~ement amount set forth
in this' Agreement is in excess of $25,000.00, ,the CITY hereby further agrees that this
Agreement is expressl/subject to the tm, conditions and. representations of the follo\,\,ing
certification:'
This certification is required by. Executive Order No. 90-5, April J2, 1990, issued ,py the
Governor of Indiana':' PUrsuant to its delegated authority, the Indiana Department ,of
Admmistration'.is requiring the inclusion of this certification in all Agreements with and
: grants from the State of Indiana'hi excess of $25,000.00: No aw'ard of an Agreement shall be
ma~e; and no Agreement, purchase 9rder or agreement, the totai' amoUnt of which ~xceeds
. $25,000.0'0, shall be valid, unless and until this certification has been fully executed by the
. CITY and made a part of the Agreement as part of the Agreement documents.
The 'CITY certifi~sand agrees that it will provide a drug-free workplace bv: '. .
, (A) . Publishing and providing to all orits employees a statement notifying their employees that
.' the unlawful manufacture, distribution, dispensing, possession or use of a,cohtrolled substance is'
prohibited in' the' CITY ' workplace' and specifying the actions that wilL be' taken against
empioyees for violations of such prohibition; (B)Establishmg'a drug-free awareness program to
infoim its employees of (1 ) the dangers of drug abuse in thewo'rkpla'ce; (2) the ,CITY'S 'policy of
maintaining a ,drug-free workplace; (3) any"available drug counseling, rehabilitation, and
employee assistance p'rograms; and (4)'the penalties that may,be i~posed upon an employee'for
drug abuse violations occurring in the 'workplace; (C) Notifying all employees in 'the statement
, required by subparagraph (a) above that as 'a condition of continued eluployment the employee
\Vm (1 ) abide by the terms of the statement; and (2) notify the CITY of any criminal drug statute
conviction for a violation oecuning in. the workplace no later than five (5) days after such
5
.'
. .',
'-'"
. conviction; (D) . Notifying in writing the State within 'ten (10) days afte~' receiving notice from an
. employee under. subdivisio~. (c)(2) above, or otherwise receiving actual notice of such
conviction; (E)Withinthirty (30) days after receivirig notice.under subdivision (c)(2) above afa
conviction, imposing the following sanctions or remedial measures on .any employee who is.
convicted of drug. abuse violations occurring in the workplace: (1) take appropriate personnel
: action against the employee, up to and including termin.ation; or (2) r~tiire such employee to
satisfactorily participate in.a.drug abuse assistance or rehabilitation program approved for such
purposes by a Federal, State or local health,law enforcement, or other appropriate. agency; and
(F)Making a good faith effort to maintain a. drug-free workplace through the implementation of
subparagraphs (a) through (e) above. . . . ' .
6. 'Force Maieure. In the event that either party is unable to perform any of its' obligations' under
this Agreement or to enjpy any of its benefits because of natural disaster or' decrees of
governmental bodies not the fault of the affected party (hereinafter referred to as a Force
Majeure Event), the party who,has been so affected shall immediately give notice to the other
party and shall do everything possible' to resume performance.. Up'on receipt of such notice; all
payment obligations under this Agreement shall be immediately suspended.
7.' Funding Cancellation Clause.. When the Director of the Office of Management and Budget
makes a written determination that funds are' not apjJrQprjated or othe~wise available to
support continuation of the .performance' of this Agreement, this Agreement shall 'be .
. canceled. . A determination by either Budget Director that funds are not appropriated or
otherwise available to support continuation'of perforinance shall be final and conclusive.
8. Governing Laws. This Agreeme~t shiul be construed in accordance with and governed by'
the laws of the State ofIndiana and the suit, ifahy, must be brought in the State of Indiaha.
9. Indemnification. Th~ 'CITY agreest~' indemnify, defend, ~xculpate, .and. hold harmless .the
, State of Indian'a, INDOT, and their officials and employees fram any liability due to loss,.
damage, injuries, or other causalities of whateyer kind, '01' by whosoever caused, to the person
or j:miperty of anyone on or off the Project arising oufof, or resulting from the work covered by
'this Agreement or the Work' connected therewith, or from. the installation,' existence, use,
maintenaI).ce, condition, repairs, alteration or removal of any equipment or material, tei the
extent of negligence of the CITY, including any claims arising ,out the W orker~s compensation'
Act or any other law, ordinance, order or decree. The CITY agrees to pay all reasonable
expenses and attorney's fees incurred by or imposed on the State and INDOT in. connectiol?-
herewith in tlie event that the CITY shall default under .the provisions of this Section. ,
10. Non-Discrimination: (A) Pursuant to I.C. 22'.9-i-IO and the Civil Rights Act of 1964, the
CITY, shall not discriminate against any employee or applicant for employment, to be
employed in the' performance of work under this Agreement, with ~espect to hire, tenure, terms,
conditions or privileges of employment '01' any matter directly or indirectly, related to
, employment, because.of race,- color, religiori, sex, disabilitx, national origin,' ancestry or status
. as'a veteran. Breach o(this covenant may be regarded asa material breach of this Agreement.
,Acceptan:ce of this Agreement also. signifies compiiance with applicable federal laws,.
regulations, and e~ecutive orders prohibiting discrimination in the provision of services based
oil race, .color, national' origin, age;' sex,. disability or stiLtusas a. veteran. (B) The 'CITY
understands that INDOT is a recipient of federal funds, Pursuant. to that understanding; the
.'- . . .
6'
.'
CITY agrees that .if the CITY .employs fiftY (50) 'or" more employees and does at least
. $50,000.00 worth of business with the State and is not. exempt, the CITY will comply with the
.affirmative action reporting requirements of 41 CFR 60-1.7. . The CITY shall comply with
Section 202 of executive order 11246, as amended, 41 CFR 60-250; and 41 CFR 60-.741, as.
amended,. which are-incorporated herein by specific reference.' Breach of,this covenant may be
. regarded as a material breach of Agreerri.ent. . ..
II. Notice to Parties. Whenever anY notice, statement or either communication is required .under
this Agreement, it shall be sent to the addresses, unless otherwise specifically' advised, listed
above in Section 3 of the Specific Provisions .
12. Payment. All payments made pursuant tei this. Agreement shaH be m~e in conformance with
State fiscal policies and procedures and, as'required.by Ie 4"13-2-14.8, by electronic funds
. . transfer to the financial institution designated by the CITY in writing unless a specific waiver
has been obtained from the Indiana Auditor .of State. No paYments Will be.made in advance
of receipt. of the goods or services that are the subject of this Agreement except as permitted
by Ie 4" 13~2"io.'" .
13. Penalties. Interest and Attornev'sFees. INDOT . will in. good ,faith perform its required
obligations hereunder, arid does not agree to pay any penalties, liquidated damages, interest, or .
attorney's fees, except as required by Indiana law, in paIt, IC 5'17-5, 1. C. 34-54-8, and 1. C;
34' 13-1. .
. . .
[The Remainder of This Page.is Intentionally Blank]
7
.'
".
. Non~Collusion .
. 'The undersigned 'atte,sts, silbjeCt to the'p~naltieS for peIjury, that helshe is' the properly authorized
representative, agent, member or officer of the CITY, that helshe has not, nor has any other member,
employee, representative, agent or officer of t)1e CITY,' directly or indir~ctly, to the best of his/her .
~nowledge,' entered into or offered. to enter into any combination, .collusion or agreement to receive or pay,
and that helshe has'not received or paid, any sum of-money or other consideration for the execution of'this
Agreeinent other than that which appears upon the face o(this Agreement. " .
In Witn~ss Whereof, CITY and the State of Indiana have, through duly auPlorizedrepresentatives, enteJ;ed
,into this. Agreement. The parties. having read and understand the forgoing terins of this'AgreeJ!lenl do by,
'their respective. signatUres dated below, hereby agree to the terills thereof. .
, CITY OF CARMEL'
/~
.'
YOT James Brainard
'.'~ 3,cJOO;Z
Date
Christopher A: Ruhl, Director, ~irector .
Date: . !cJ/F/cn
Ct..)
STATE OF INDIANA
Indiana Department of TranSportation
'/0/5/07 .
Date:
Executed By:'
, Approved as to Form and Legality: .
. ~~~y,~.~~
gteve Cinter
AttorneY General of Indiana
(FOR)
~
.
. Date Approved.: 18 - S -07
. Karl B. Browning, COrnrrUssioner
Indiana Department ofTrflllsportation
Date: loA-..Ic, 7
. ( I '.
8
'. .
. "
','
, !.
Attachment A
The Relinquished Road is de"scribed as follows:
,That continuous seciion'ofS~R. 431 of which the s(;mthem tenninus is the'southern boUndary of
96th Street. in 'Hamilton' County, Indiana and the northern teiminus is approximately THIRTY
FOUR HUNDRED (3,400) feet' north of 136'h Street in Hamilton County, Indiana,
, .
"
9
., 1 "
Attachment B
,The follawing is a narrative descriptianafthe substantial and material elements of the Praject.
96th Street (shott term) - S:R. 431 to be improyedsimilar to INDOT's formerly prop~;ed SR
431 project). Six through lanes (3' NE, 3 SB) and additional turn lanes will be provided on
Keystone.
.' 9Sth Street -,Existing sign'al to.be removed and at-grade inters~ction to be reduced to 'a right
in/right out only intersection., '
9SbStreet - l06'h'Street: "Lane Drop on S.R. 43] from 6 through lanes (3 NE, 3 SB) to 4 '
through lanes(Z NB, 2 SB)., ' ,
. .
106'h Street- S.R. 431 to be lowered to pravide grade separation. Faur throuih lan~s (Z'NE, Z'
SB) 'will be.provided.
116'h Street/Cannel Drive - S,R. 431 to be lowered to p~ovi.de grade separation. Complex'
interchangeconfiguratian and fourthrough lanes (2NB, Z SB)will be pro.vided an S.R. 431.
126'h Street -S.R. 431 to be' lowered toprovicle grade'separatioI!' Four through lanes (2 NB, Z
SB) will be' provided on S.RA3!.
131" Street - S.R, 431 to be lowe~ed to provide g;.ade'separation, Four through lanes (2 NE, 2
SB) will be provided on'S.R. 43].. . .
. .
136th Street- S,R. 431 and 136th to be ilrade separated, Four through lanes (2 NB; 2 SB) will be
provided on S.R.431. .
10
',\ .*',
'.
Attachment C
Description.or-Construction Phasing for the City of Carmel's Proposed
Keystone Improvements:'
Phase 1.'- 2007 Design & Right of Way' (Beginning 10/1/2007): This Phase will initiate the
surVey and traffic data collection and llI}aiysis, as well as full engineering design of the
propose Keystone Improvemen\s. It will also be the start' of ihe right of way acquisition
illld utility"coordination processes. Engineering Design/Construction Drawing
-Deve10pment, Right Of Way Acquisition, and Utility Coordination will be a continuous
throughout the remaining Phases Of the Keystone Improvement Project and will be
. accomplished in priority order in an effort to deliver the elements described in later
phases in the tirneframes desired.' . .
l'hase II - 2008 Construction Season (Beghming 4/1/2008): Phase IT will include the
construction bf the I06thStreet Interchange and the 126'h Street Intei'change. This
Phase wouldiuso include the"construction of the Interim96thStreet impr~vements
antiCipated.to be similar to improvements' proposed by the INOOT's SR 431.Added
Travel Lanes Project. The-Phase II also includes th~ reconfiguration of the Keystone.
travel lanes between 96fl' St. and I06'h St. as well as the removal of the 98th Street
traffic signal converting the 98fl. si. approaches to "right-in/rigbt-out".only access: The
Keysto'ne lane reconfiguration between 96'h &.106th Streets would include. at least six
(6) traveI'lanes (3 NB, 3 SB) between 96'h & 98'h Streets then transitioning to four (4)
travel lanes (2 NB, 2 SB) between 98fl1 & 106,h'Streets. ..-. .
Phase III - 2009 Constructio~ Season (Beginning 4/1/2009): Phase IIIwill.include the
construction of the [16th St .and Cannel Drive Interchanges..
Phase IV - 201O'Constr!lction Season (Beginning4/l/20iO): Phase IV will include the
construction of the 136th Street Interchange, the construction ofthe Hi st Street
Interchange, as well as allow for the completion of the work started but not completed
within earlier Phases.' .
Project Completion -: Completion o~the Project shall occur prioho the start of the INDOT's"
Other Projects.. The completion date necessary to accommodate the Other Projects
shall.be.regular!y evaluated through th~ Committee as described in"the body of.this'
agreement. . .
II