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HomeMy WebLinkAbout126th/US 31 - State of Indianai 6 �o v4ve:c+ Fi 54.40 O. /eeC4 01 o n I .2.(U4'4` S+v Q.,e:_$ AGREEMEN 4" TO PROVIDE FOR ACCESS TO US. 31 ON 126TH STREET AT CARMEL THIS AGREEMENT made and entered into this �✓2 �r day 1985; by and between the State of Indiana, acting through the Indiana Department of Highways, hereinafter referred to as the "IDOH and the City of Carmel, acting through the Board of Public Works and Safety, hereinafter referred to as the "CITY WITNESSETH 1 of 5 Pages WHEREAS, the "IDOH" has been petitioned by the "CITY" to grant access to US. 31 at a projection of 126th Street in the Hamilton County within the corporate limits of Carmel, and WHEREAS, the "IDOH in accordance with IC 8- 11 -1 -7, desires to cooperate with local agencies in well planned endeavors to provide highway facilities for areas where economic development can be enhanced, and WHEREAS, the "CITY" has documented a plan and secured the approval of the Indianapolis Metropolitan Development Commission to include 126th Street at U.S. 31 into the current Indianapolis Regional Thoroughfare Plan, and WHEREAS, the "IDOH" has secured approval from the Federal Highway Administration to allow access to US. 31 at this point, and WHEREAS, support has been expressed for stimulating development in the area by the Indiana Department of Commerce and, WHEREAS, it is desirable to prepare for the ever increasing traffic volume in this area by making provisions for future grade separations and an interchange to preserve the freeway character of U.S. 31 and at the same time serve the needs of local traffic, a 0 NOW THEREFORE, the parties hereto agree as follows: The "IDOH" does hereby grant access to US. 31 at 126th Street subject to the following provisions: 1. The "CITY" shall develop, or cause to be developed, Plans and Specifications for an intersection at this point. The Plans and Specifications shall be approved by the "IDOH" prior to award of contract for construction. The plans shall show proposed signals for the intersection, existing and proposed utilities, and drainage structures. Any field revisions to the plans must be approved by the "IDOH" before implementation. The original plans (linens, wash off, mylar, etc.) and specifications, including any revisions, shall become the property of the "IDOH" upon the completion of the 126th Street intersection. All plans shall be delivered to the Division of Traffic, Room 1017, State Office Building, 100 North Senate Avenue, Indianapolis, Indiana. 2. The "IDOH" shall install and pay for any above ground signal work warranted for the intersection. All other construction, including signal foundations and conduits required for future signalization of the intersection, shall be performed and installed at no cost to the "IDOH" according to the approved plans. 3. The "CITY" and the "IDOH" shall make a joint inspection of the construction site during the design phase of the project. 4. Construction shall be in accordance with Plans and Specifications as approved by the "IDOH" and in accord with the 1985 Standard Specifications and any subsequent revisions, as well as, all rules and regulations of the "IDOH including the Indiana Manual on Uniform Traffic Control Devices. All construction activities shall be coordinated with the Greenfield District Engineer of the "IDOH" for traffic control and inspection purposes. 2 of 5 Pages 5. The contract shall include provisions for the closing of the median cross -over on US. 31 at Meridian Street thereby restricting movement at that intersection to right turns only. Plans for closing this median cross -over shall be included in the plans for the 126th Street intersection. The closing of the Meridian Street cross -over shall be concurrent with the opening of the 126th Street intersection. 6. The "CITY" shall make provisions for Penn Road between 111th Street and 131st Street to serve as a frontage road east of U.S. 31, connecting at an intersection on 126th Street. 7. Because future traffic considerations may warrant an extended diamond interchange with grade separations at the 126th and 131th Street intersections, the "CITY" shall make provisions to have sufficient rights -of -way dedicated for the purpose of construction of the grade separations at these locations. 8. All maintenance costs for the proposed intersecting roadway shall be the responsibility of the "CITY" except within existing "IDOH" right -of -way. 9. Pursuant to I.C. 22- 9 -1 -10 the "CITY" and its sub contractors, if any, shall not discriminate against any employee or applicant for employment to be employed in the performance of work under this agreement, with respect to hire, tenure, terms conditions or privileges of employment, because of race, color, religion, sex, handicap, national origin or ancestry. Breach of this covenant may be regarded as a material breach of the agreement. 3 of 5 Pages THIS AGREEMENT shall be binding upon the parties hereto and their successors or assigns. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by their proper officers, thereunto duly authorized. 10. The "CITY" agrees to indemnify, defend, exculpate, and hold harmless the "IDOH" its officials and employees from any liability due to loss, damage, injuries, or other casualties of whatever kind, or by whomsoever caused, to the person or property of anyone on or off the right -of -way arising out of or resulting from the work covered by this agreement or the work connected therewith, or from the installation, existence, use, maintenance, condition, repairs, alteration, or removal of any equipment or material, whether due in whole or in part to the negligent acts or omissions (A) of the "IDOH its officials, agents, or employees; or (B) of the "CITY its agents or employees, or other persons engaged in the performance of the work; or (C) the joint negligence of any of them; including any claims arising out of the Workmen's Compensation Act or any other law, ordinance, order, or decree. The "CITY" agrees to pay all reasonable expenses and attorneys fees incurred by or imposed on the "IDOH" in connection herewith in the event that the "CITY" shall default under the provisions of this section. 4 of 5 Pages CITY OF CARVEL BOARD CF PtBLIC VCRKS SAFETY Approved 0 BY Fred Swift, BY er Bi11y L. Walker, Member A EST Dorothy J. aficock Clerk- Treasurer n P. Isenbarger 1rector ATTEST: 5 of 5 Pages BY Daniel A. Novreske Chief Deputy Director STATE OF INDIANA INDIANA DEPART/VENT OF HICK YS Reccnn for Approval: APPROVED AS TO LEGALITY AND FORM BYE (FCR inley Pearson Attorney General