INDOT/The Hagan Burke Trail JOINT USE AND MAINTENANCE AGREEMENT
Between
THE INDIANA DEPARTMENT OF TRANSPORTATION
And
THE CITY OF CARMEL, INDIANA Q iS
Concerning J 0
THE HAGAN BURKE TRAIL
EDS#
This JointA Use and Maintenance Agreement ("Agreement') is made and entered into th•is /5-
day of , 2019, by and through the Indiana Department of Transportation
("INDOT"), an the City of Carmel, by and through its Board of Public Works and Safety, a local
public agency in the State of Indiana, hereinafter referred to as the ("CITY"), collectively referred
to as the Parties.
RECITALS
WHEREAS, the CITY has constructed a trail in state-owned or controlled right of way that
extends from the Monon Trail across Range Line Road northeasterly to Keystone Parkway and
under Keystone Parkway to 146th Street (the "Trail") as more fully described in Exhibit A, which
is attached hereto and incorporated herein by reference, and as shown in Exhibit B, attached
hereto and incorporated herein by reference; and
WHEREAS, the PARTIES desire to delineate certain responsibilities related to the
maintenance of the Trail; and
WHEREAS, it is in the mutual interest for the convenience and safety of the traveling
public for INDOT and the CITY to cooperate regarding maintenance of the Trail; and
WHEREAS, the CITY has agreed to pay all costs associated with the maintenance of the
Trail;
NOW THEREFORE, in consideration of the promises and the mutually dependent
covenants herein contained,the Parties hereto agree as follows:
ARTICLE I. PURPOSE AND TERM
1.1. Preamble and Recitals. The Preamble and Recitals recorded above are incorporated by
reference into this Agreement. All captions, section headings, paragraph titles and similar items
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are provided for the purpose of reference and convenience and are not intended to be inclusive,
defmitive or to affect the interpretation of this Agreement.
1.2. Purpose. The purpose of this Agreement is to delineate costs for the maintenance
responsibilities and the costs associated with said maintenance.
1.3. Term. This Agreement shall be for a twenty-five (25) year period, commencing as of the
date it is approved by the Attorney General of Indiana, or an authorized representative, as to form
and legality, and shall be subject to renewal upon the same terms for three (3) successive twenty-
five (25) year periods. This Agreement shall be subject to cancellation and termination by either
party upon giving the other party ninety(90) days written notice of such action. The CITY will be
responsible to have this Agreement renewed.
1.4. INDOT Operations. The Trail shall not create any adverse impact to INDOT operations
including without limitation right-of-way maintenance, traffic signals, or otherwise impact
INDOT's maintenance of facilities.
1.5. Temporary Joint Use of Right-of-Way. Subject to the terms and conditions of this
Agreement, INDOT grants to the CITY, its employees and its contractors permission to enter upon
the state-owned or controlled right of way, as identified in Exhibit A, ("Right-of-Way") for the
sole and exclusive purposes of inspecting, maintaining, operating and repairing the Trail. The
CITY shall notify INDOT of its intent of entering on to the Right-of-Way whenever doing so
could affect flow of traffic or the safety of the traveling public on Keystone Parkway at least ten
(10) business days before commencing any such work. This includes even routine maintenance
and repair activities if traffic on Keystone Parkway may be affected. Pursuant to applicable state
and federal law for interstate and limited access facilities, INDOT must grant written permission
for each entry into the Right-of-Way, which must be based on specific traffic control and/or
worker safety plans. Accordingly, as a condition precedent to giving effective notice, the CITY
shall provide to INDOT all such traffic control and worker safety plans and other information as
INDOT shall request or require in connection with granting such permission. The CITY shall not
enter upon the Right-of-Way until the CITY has received written approval from INDOT, which
shall not be unreasonable withheld, to enter upon the Right-of-Way. INDOT shall only be
required to approve the CITY's request to enter upon the Right-of-Way if the CINTY's request is
consistent with all applicable federal and state laws and this Agreement.
1.6. No Interest in the Land. The parties understand that this Agreement does not: (1)grant
any interest or other rights in the land, either temporarily or permanently; or(2) establish a shared-
use facility which would require replacement if INDOT has a need to use the affected property for
highway purposes in the future.
ARTICLE II. CITY's RESPONSIBILITES
2.1. The CITY agrees to be responsible for all costs associated with the inspection and
maintenance of the Trail. Under no circumstances shall INDOT be responsible for any costs
associated with the Trail.
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2.2. Subject to the terms and conditions of this Agreement, and prior to entering State owned or
controlled right-of-way, the CITY shall apply for a right-of-way permit for all maintenance by the
CITY (or other parties contracted by the CITY) within state owned or controlled right-of-way.
This Agreement, in no way, binds INDOT to the issuance of any permit to the CITY. However,
INDOT agrees, in good faith, to review the CITY's application, and if appropriate, issue a permit
to the CITY. The CITY shall notify INDOT of its intent to enter State owned or controlled right-
of-way a minimum of ten (10) business days before commencing work for approved activities as
specified within this Agreement.
2.3. Any use of the Right-of-Way permitted by this Agreement remains secondary to the
interest of INDOT to use the Right-of-Way for highway or other transportation purposes. The
CITY agrees that it shall surrender the Right-of-Way upon which the Trail or its infrastructure are
located, whether in part or in its entirety, if, in INDOT's discretion, the Right-of-Way or any
portion thereof, is required for future expansion, modification, or maintenance of SR 431. The
CITY understands and agrees that it shall not be entitled to any damages or any other
compensation in the event that INDOT requires complete or partial removal of the Trail, or its
infrastructure for any reason.
2.4. The CITY shall not erect any signs, sculptures or structures within state owned or
controlled Right-of-Way without the prior approval of INDOT.
2.5. In accordance with this Agreement, the CITY shall notify INDOT and submit a
Maintenance of Traffic (MOT) plan thirty (30) days prior to any maintenance or construction
activities if such activities require lane closures or traffic restrictions.
2.6. The CITY shall pay all the fees for any utility services serving the Trail. Any separately-
metered utilities shall be billed directly to the CITY and INDOT shall have no obligation with
respect thereto. Any utility fees related to utilities that are not separately metered shall be prorated
by INDOT, on a reasonable basis and the CITY shall pay any amount it owes within thirty (30)
days of receiving an invoice for the same.
2.7. When performing work required hereunder, the CITY shall at all times adhere to the traffic
control measures found in the most recent version of the Manual on Uniform Traffic Control
Devices, as then-currently adopted by INDOT.
2.8. The CITY shall conduct all sidewalk maintenance and reconstruction work in accordance
with all applicable federal and state laws as well as INDOT and FHWA standards and good
engineering practices as set forth in the following: (1) Title 23, U.S. Code, Highways, (2) the
regulations issued pursuant thereto, (3) the Americans with Disabilities Act of 1990, (4) I.C. 36,
and(5)the policies and procedures promulgated by INDOT and FHWA relative to the Agreement.
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2.9. The CITY shall be responsible for the CITY's improvements within the state owned or
controlled right-of-way. To the extent permitted by law, the CITY shall indemnify and hold
INDOT harmless for any claims arising out of the above-said items within the State owned or
controlled right-of-way. This is in addition to representations provided under Section 4.22 of this
Agreement. This section of this Agreement shall survive termination of this Agreement.
2.10. Prior to constructing any additional improvements for the CITY within state owned or
controlled Right-of-Way, the CITY shall apply for a right-of-way permit for all construction by the
CITY (or other parties contracted by the CITY) on the Trail within State owned or controlled
Right-of-Way. This Agreement, in no way, binds INDOT to the issuance of any permit to the
CITY. However, INDOT agrees, in good faith, to review the CITY's application, and if
appropriate, issue a permit to the CITY.
2.11. In the event that INDOT determines, in its sole reasonable discretion, that the CITY is not
adequately maintaining the Trail, or for any other justified reason (i.e., safety concerns for either
Trail users or the motoring public, change in policy, requirement for compliance with federal law
or other federal mandate, etc.), INDOT may order the CITY to remove or modify the Trail at the
CITY's expense. Except in cases of emergency (i.e., eminent threat of harm to the traveling
public, whether on the Trail or on a highway facility), INDOT will provide ninety (90) days
written notice to the CITY that the Trail must be removed or modified. If the Trail (including any
accompanying structures, landscaping or lighting) is not removed or modified to INDOT's
satisfaction within ninety (90) days of issuance of notice under this Section, INDOT may remove
the Trail and bill the CITY for costs of removal.
ARTICLE III. INDOT's RESPONSIBILITIES
3.1. INDOT may inspect the Trail at any time and shall notify the CITY of any deficiencies to
be remedied. INDOT does not own,nor is it assume any responsibility for the Trail.
3.2. Under no circumstances shall INDOT be responsible for any cost of maintenance,
operation,regulation or removal of the Trail.
3.3. In the event that the CITY fails to complete any necessary maintenance of the Trail or
remediate any damage caused in whole or in part by the Trail, in the interest of the safety of the
motoring public, INDOT may complete any necessary repairs and invoice the CITY for the total
cost of the repair. The CITY shall pay each invoice within thirty (30) days of issuance of the
invoice. The CITY's failure to pay any invoice received from INDOT may result in removal of the
Trail from state owned or controlled Right-of-Way.
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ARTICLE IV. GENERAL PROVISIONS
4.1. Access to Records. The CITY shall maintain all books, documents, papers,
correspondence, accounting records and other evidence pertaining to the cost incurred under this
Agreement, and shall make such materials available at their respective offices at all reasonable
times during the period of this Agreement and for ten (10) years from the date of fmal payment
under the terms of this Agreement, for inspection or audit by INDOT, or its authorized designees.
Copies shall be furnished at no cost to INDOT if requested.
4.2. Assignment; Successors. The CITY binds its successors and assignees to all the terms and
conditions of this Agreement. Except as otherwise specifically provided herein, the CITY shall not
assign or subcontract the whole or any part of this Agreement without INDOT's prior written
consent.
4.3. Audits. The CITY acknowledges that they may be required to submit to an audit of funds
paid, if any, through this Agreement. Any such audit shall be conducted in accordance with IC §5-
11-1, et seq., and audit guidelines specified by the State.
4.4. Authority to Bind the CITY. 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 approvals to make this Agreement fully binding upon the CITY when his/her signature
is affixed, and accepted by the State.
4.5. Changes in Work. [OMITTED —NOT APPLICABLE.]
4.6. Certification for Federal-Aid Contracts Lobbying Activities. The CITY certifies, by
signing and submitting this Agreement, to the best of their knowledge and belief that the CITY has
complied with Section 1352,Title 31,U.S. Code, and specifically,that:
A. No federal appropriated funds have been paid or will be paid, by or on behalf of the
CITY, to any person for influencing or attempting to influence an officer or employee of any
federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with the awarding of any federal agreements, the making of
any federal grant, the making of any federal loan, the entering into of any cooperative agreement,
and the extension, continuation, renewal, amendment, or modification of any federal agreement,
grant, loan, or cooperative agreement.
B. If any funds other than federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any federal agency,
a Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with such federal agreement, grant, loan, or cooperative agreement, the
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undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions.
C. The CITY also agrees by signing this Agreement that it shall require that the
language of this certification be included in all contractor agreements including lower tier
subcontracts, which exceed $100,000, and that all such sub recipients shall certify and disclose
accordingly. Any person who fails to sign or file this required certification shall be subject to a
civil penalty of not less than$10,000 and not more than$100,000 for each failure.
4.7. Compliance with 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 herein are hereby
incorporated by reference. The enactment or modification of any applicable state or federal statute
or the promulgation of rules or regulations thereunder after execution of this Agreement shall be
reviewed by the State and the CITY to determine whether the provisions of this Agreement require
formal modification.
B. The CITY and its agents shall abide by all ethical requirements that apply to
persons who have a business relationship with the State as set forth in IC §4-2-6, et seq., IC §4-2-
7, et seq. and the regulations promulgated thereunder. If the CITY has knowledge, or would
have acquired knowledge with reasonable inquiry, that a state officer, employee, or special
state appointee, as those terms are defined in IC 4-2-6-1, has a financial interest in the
Agreement, the CITY shall ensure compliance with the disclosure requirements in IC 4-2-6-
10.5 prior to the execution of this Agreement. If the CITY is not familiar with these ethical
requirements, the CITY should refer any questions to the Indiana State Ethics Commission, or visit
the Inspector General's website at http://www.in.gov/ig/. If the CITY or its agents violate any
applicable ethical standards, the State may, in its sole discretion, terminate this Agreement
immediately upon notice to the CITY. In addition, the CITY may be subject to penalties under IC
§§4-2-6,4-2-7, 35-44.1-1-4, and under any other applicable laws.
C. [OMITTED—NOT APPLICABLE.]
D. [OMITTED—NOT APPLICABLE.]
E. [OMITTED -NOT APPLICABLE.]
F. The CITY warrants that the CITY and its contractors shall obtain and maintain all
required permits, licenses, registrations, and approvals, and shall comply with all health, safety,
and environmental statutes, rules, or regulations in the performance of work activities under this
Agreement. Failure to do so may be deemed a material breach of this Agreement and grounds for
immediate termination and denial of further work with the State.
G. [OMITTED—NOT APPLICABLE.]
H. As required by IC §5-22-3-7:
1. The CITY and any principals of the CITY certify that:
(A) the CITY, except for de minimis and nonsystematic violations, has
not violated the terms of:
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i IC §24-4.7 [Telephone Solicitation Of Consumers];
ii IC §24-5-12 [Telephone Solicitations]; or
iii IC §24-5-14 [Regulation of Automatic Dialing Machines];
in the previous three hundred sixty-five (365) days, even if IC §24-4.7 is
preempted by federal law;and
(B) the CITY will not violate the terms of IC §24-4.7 for the duration of
the Agreement, even if IC §24-4.7 is preempted by federal law.
2. The CITY and any principals of the CITY certify that an affiliate or
principal of the CITY and any agent acting on behalf of the CITY or on behalf of an
affiliate or principal of the CITY, except for de minimis and nonsystematic
violations,
(A) has not violated the terms of IC §24-4.7 in the previous three
hundred sixty- five (365) days, even if IC §24-4.7 is preempted by federal
law; and
(B) will not violate the terms of IC §24-4.7 for the duration of the
Agreement, even if IC §24-4.7 is preempted by federal law.
4.8. Condition of Payment. [OMITTED—NOT APPLICABLE.]
4.9. Confidentiality of State Information. [OMITTED—NOT APPLICABLE.]
4.10. Continuity of Services. [OMITTED—NOT APPLICABLE.]
4.11. Debarment and Suspension. [OMITTED—NOT APPLICABLE.]
4.12. Default by State. [OMITTED—NOT APPLICABLE.]
4.13. Disputes. [OMITTED—NOT APPLICABLE.]
4.14. Drug-Free Workplace Certification.
As required by Executive Order No. 90-5 dated April 12, 1990, issued by the Governor of Indiana,
the CITY hereby covenants and agrees to make a good faith effort to provide and maintain a drug-
free workplace. The CITY will give written notice to the State within ten (10) days after receiving
actual notice that the CITY, or an employee of the CITY in the State of Indiana, has been
convicted of a criminal drug violation occurring in the workplace. False certification or violation
of this certification may result in sanctions including, but not limited to, suspension of contract
payments, termination of this Agreement and/or debarment of contracting opportunities with the
State for up to three (3) years.
In addition to the provisions of the above paragraph, if the total amount set forth in this Agreement
is in excess of$25,000.00, the CITY certifies and agrees that it will provide a drug-free workplace
by:
A. Publishing and providing to all of its employees a statement notifying them that the
unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is
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prohibited in the CITY's workplace, and specifying the actions that will be taken against
employees for violations of such prohibition;
B. Establishing a drug-free awareness program to inform its employees of (1) the
dangers of drug abuse in the workplace; (2) the CITY's policy of maintaining a drug-free
workplace; (3) any available drug counseling, rehabilitation and employee assistance programs;
and(4) the penalties that may be imposed 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 employment, the employee will (1) abide by the terms of the statement;
and (2) notify the CITY of any criminal drug statute conviction for a violation occurring in the
workplace no later than five(5)days after such conviction;
D. Notifying the State in writing within ten (10) days after receiving notice from an
employee under subdivision(C)(2) above, or otherwise receiving actual notice of such conviction;
E. Within thirty (30) days after receiving notice under subdivision (C)(2) above of a
conviction, imposing the following sanctions or remedial measures on any employee who is
convicted of drug abuse violations occurring in the workplace: (1) taking appropriate personnel
action against the employee, up to and including termination; or (2) requiring 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.
4.15. Employment Eligibility Verification.
The CITY affirms under the penalties of perjury that they do not knowingly employ an
unauthorized alien. The CITY further agrees that:
A. The CITY shall enroll in and verify the work eligibility status of all its newly hired
employees through the E-Verify program as defined in IC 22-5-1.7-3. The CITY is not required to
participate should the E-Verify program cease to exist. Additionally, the CITY is not required to
participate if the CITY is self-employed and do not employee any employees.
B. The CITY shall not knowingly employ or contract with an unauthorized alien. The
CITY shall not retain an employee or contract with a person that the CITY subsequently learns is an
unauthorized alien.
C. The CITY shall require its subcontractors, who perform work under this Agreement,
to certify to the CITY that the subcontractor does not knowingly employ or contract with an
unauthorized alien and that the subcontractor has enrolled and is participating in the E-Verify
program. The CITY agrees to maintain this certification throughout the duration of the term of a
contract with a subcontractor.
The State may terminate for default if the CITY fails to cure a breach of this provision no
later than thirty(30)days after being notified by the State.
4.16. Employment Option. [OMITTED—NOT APPLICABLE.]
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4.17. Force Majeure. In the event that any Party is unable to perform any of its obligations
under this Agreement or to enjoy 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 or as soon is reasonably possible
under the circumstances give notice to the other Party and shall do everything possible to resume
performance. Upon receipt of such notice, all obligations under this Agreement shall be immediately
suspended. If the period of nonperformance exceeds thirty(30)days from the receipt of notice of the
Force Majeure Event, the Party whose ability to perform has not been so affected may, by giving
written notice,terminate this Agreement.
4.18. Funding Cancellation Clause. As required by Financial Management Circular 2007-1 and
IC 5-22-17-5, when the Director of the State Budget Agency makes a written determination that
funds are not appropriated or otherwise available to support continuation of the performance of
this Agreement, this Agreement shall be canceled. A determination by the Director of State
Budget Agency that funds are not appropriated or otherwise available to support continuation of
performance shall be final and conclusive.
4.19. Governing Law. This Agreement shall be governed, construed, and enforced in
accordance with the laws of the State of Indiana, without regard to its conflict of laws rules. Suit, if
any, must be brought in the State of Indiana.
4.20. HIPAA Compliance. [OMITTED—NOT APPLICABLE.]
4.21. Indemnification. The CITY agrees to indemnify, defend, exculpate and hold harmless the
State of Indiana, INDOT, and their officials and employees from any liability due to loss, damage,
injuries, or other causalities of whatever kind, to the person or property of anyone arising out of, or
resulting from the performance of this Agreement or the work connected therewith, or from the
installation, existence, use, maintenance, condition, repairs, alteration or removal of any equipment
or material, to the extent such liability is caused by the negligence of the CITY, including any
claims arising out the Worker's Compensation Act or any other law, ordinance, order or decree.
INDOT shall not provide indemnification to the CITY. The CITY agrees to pay all reasonable
expenses and attorney's fees incurred by or imposed on the State and INDOT in connection
herewith in the event that the CITY shall default under the provisions of this Section.
4.22. Independent Entity; Workers' Compensation Insurance. The CITY is performing as an
independent entity under this Agreement. No part of this Agreement shall be construed to represent
the creation of an employment, agency, partnership or joint venture agreement between the Parties.
Neither Party will assume liability for any injury (including death) to any persons, or damage to
any property, arising out of the acts or omissions of the agents, employees or subcontractors of the
other Party. The CITY shall provide all necessary unemployment and workers' compensation
insurance for the CITY's employees, and shall provide the State with a Certificate of Insurance
evidencing such coverage prior to starting work under this Agreement.
4.23. Information Technology Enterprise Architecture Requirements. [OMITTED — NOT
APPLICABLE.]
4.24. Insurance. [OMITTED—NOT APPLICABLE.]
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4.25. Key Person(s). [OMITTED—NOT APPLICABLE.]
4.26. Licensing Standards. [OMITTED—NOT APPLICABLE.]
4.27. Merger & Modification. This Agreement constitutes the entire agreement between the
PARTIES. No understandings, agreements, or representations, oral or written, not specified within
this Agreement will be valid provisions of this Agreement. This Agreement may not be modified,
supplemented, or amended, except by written agreement signed by all necessary Parties.
4.28. Minority and Women's Business Enterprises Compliance. [OMITTED - NOT
APPLICABLE.]
4.29. Non-Discrimination.
A. Pursuant to the Indiana Civil Rights Law, specifically including IC 22-9-1-10, and
in keeping with the purposes of the Civil Rights Act of 1964, the Age Discrimination in
Employment Act, and the Americans with Disabilities Act, the CITY covenants that it shall not
discriminate against any employee or applicant for employment relating to this Agreement with
respect to the hire, tenure, terms, conditions or privileges of employment or any matter directly or
indirectly related to employment, because of the employee's or applicant's race, color, national
origin, religion, sex, age, disability, ancestry, status as a veteran, or any other characteristic
protected by federal, state or local law ("Protected Characteristics"). The CITY certifies
compliance with applicable federal laws, regulations and executive orders prohibiting
discrimination based on the Protected Characteristics in the provision of services. Breach of this
paragraph may be regarded as a material breach of this Agreement, but nothing in this paragraph
shall be construed to imply or establish an employment relationship between the State and any
applicant or employee of the CITY or any subcontractor.
B. INDOT is a recipient of federal funds, and therefore, where applicable, the CITY
and any subcontractors shall comply with requisite affirmative action requirements, including
reporting, pursuant to 41 CFR Chapter 60, as amended, and Section 202 of Executive Order 11246
as amended by Executive Order 13672.
The 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 Contract.
It is the policy of INDOT to assure full compliance with Title VI of the Civil Rights Act of
1964, the Americans with Disabilities Act and Section 504 of the Vocational Rehabilitation Act
and related statutes and regulations in all programs and activities. Title VI and related statutes
require that no person in the United States shall on the grounds of race, color or national origin be
excluded from participation in, be denied the benefits of, or be subjected to discrimination under
any program or activity receiving Federal financial assistance. (INDOT's nondiscrimination
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enforcement is broader than the language of Title VI and encompasses other State and Federal
protections. INDOT's nondiscrimination enforcement shall include the following additional
grounds: sex, sexual orientation, gender identity, ancestry, age, income status, religion, disability,
income status, limited English proficiency, or status as a veteran.)
C. During the performance of this Agreement, the CITY, for itself, its assignees and
successors in interest (hereinafter referred to as the "CITY") agree to the following assurances
under Title VI of the Civil Rights Act of 1964:
1. Compliance with Regulations: The CITY shall comply with the regulations
relative to nondiscrimination in Federally-assisted programs of the Department of Transportation,
Title 49 CFR Part 21, as they may be amended from time to time (hereinafter referred to as the
Regulations), which are herein incorporated by reference and made a part of this Agreement.
2. Nondiscrimination: The CITY, with regard to the work performed by it
during the Agreement, shall not discriminate on the grounds of race, color, sex, sexual orientation,
gender identity, national origin, religion, disability, ancestry, or status as a veteran in the selection
and retention of subcontractors, including procurements of materials and leases of equipment. The
CITY shall not participate either directly or indirectly in the discrimination prohibited by section
21.5 of the Regulation, including employment practices when the Agreement covers a program set
forth in Appendix B of the Regulations.
3. Solicitations for Subcontracts, Including Procurements of Materials and
Equipment: In all solicitations either by competitive bidding or negotiation made by the CITY for
work to be performed under a subcontract, including procurements of materials or leases of
equipment, each potential subcontractor or supplier shall be notified by the CITY of the CITY's
obligations under this Agreement, and the Regulations relative to nondiscrimination on the
grounds of race, color, sex, sexual orientation, gender identity, national origin, religion, disability,
ancestry, income status, limited English proficiency, or status as a veteran.
4. Information and Reports: The CITY shall provide all information and
reports required by the Regulations, or directives issued pursuant thereto, and shall permit access
to its books, records, accounts,other sources of information, and its facilities as may be determined
by the Indiana Department of Transportation and Federal Highway Administration to be pertinent
to ascertain compliance with such Regulations, orders and instructions. Where any information
required of the CITY is in the exclusive possession of another who fails or refuses furnish this
information, the CITY shall so certify to the Indiana Department of Transportation or the Federal
Highway Administration as appropriate, and shall set forth what efforts it has made to obtain the
information.
5. Sanctions for Noncompliance: In the event of CITY's noncompliance with
the nondiscrimination provisions of this Agreement, the Indiana Department of Transportation
shall impose such contract sanctions as it or the Federal Highway Administration may determine to
be appropriate, including, but not limited to: (a) withholding payments to the CITY under the
Agreement until the CITY complies, and/or (b) cancellation, termination or suspension of the
Agreement, in whole or in part.
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6. Incorporation of Provisions: The CITY shall include the provisions of
paragraphs 1. through 5. in every subcontract, including procurements of materials and leases of
equipment, unless exempt by the Regulations, or directives issued pursuant thereto.
The CITY shall take such action with respect to any subcontract or procurement as the
Indiana Department of Transportation or the Federal Highway Administration may direct as a
means of enforcing such provisions including sanctions for non-compliance, provided, however,
that in the event the CITY become involved in, or is threatened with, litigation with a
subcontractor or supplier as a result of such direction, the CITY may request the Indiana
Department of Transportation to enter into such litigation to protect the interests of the Indiana
Department of Transportation, and, in addition, the CITY may request the United States of
America to enter into such litigation to protect the interests of the United States of America.
4.30. Notice to Parties. Whenever any notice, statement or other communication is required
under this Agreement, it shall be sent to the following addresses, unless otherwise specifically
advised:
A. For INDOT: Greenfield District Capital Program Manager
INDOT Greenfield District
32 South Broadway
Greenfield, IN 46140
With Copy To: Chief Legal Counsel and Deputy Commissioner Indiana
Department of Transportation
100 North Senate Avenue, IGCN 758
Indianapolis, IN 46204
B. For CITY: Jeremy Kashman
Engineering Department
Carmel City Hall
1 Civic Square
Carmel, IN 46032
With Copy to: Douglas C. Haney, Corporation Counsel
Office of Corporation Counsel
1 Civic Square
Carmel, IN 46032
4.31. Order of Precedence; Incorporation by Reference. [OMITTED — NOT
APPLICABLE.]
4.32. Ownership of Documents and Materials. [OMITTED—NOT APPLICABLE.]
4.33. Payments.
All payments (if any) shall be made thirty-five (35) days in arrears in conformance with
State fiscal policies and procedures and, as required by IC §4-13-2-14.8, the direct deposit by
electronic funds transfer to the financial institution designated by the CITY in writing unless a
Page 12 of 17
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 IC §4-13-2-20.
4.34. Penalties, Interest and Attorney's Fees. INDOT will in good faith perform its required
obligations hereunder, and does not agree to pay any penalties, liquidated damages, interest, or
attorney's fees, except as required by Indiana law in part, IC §5-17-5, IC §34-54-8, and IC §34-13-
1.
Notwithstanding the provisions contained in IC §5-17-5, any liability resulting from the State's
failure to make prompt payment shall be based solely on the amount of funding originating from
the State and shall not be based on funding from federal or other sources.
4.35. Progress Reports. [OMITTED—NOT APPLICABLE.]
4.36. Public Record. The CITY acknowledges that the State will not treat this Agreement as
containing confidential information, and will post this Agreement on the transparency portal as
required by IC 5-14-3.5-2. Use by the public of the information contained in this Agreement shall
not be considered an act of the State.
4.37. Renewal Option. [OMITTED—NOT APPLICABLE.]
4.38. Severability. The invalidity of any section, subsection, clause or provision of this
Agreement shall not affect the validity of the remaining sections, subsections, clauses or provisions
of this Agreement.
4.39. Status of Claims. The CITY shall be responsible for keeping INDOT currently advised as
to the status of any claims made for damages against the CITY resulting from services performed
under this Agreement.
4.40. Substantial Performance. This Agreement shall be deemed to be substantially performed
only when fully performed according to its terms and conditions and any written amendments or
supplements.
4.41. Taxes. The State is exempt from most state and local taxes and many federal taxes. The
State will not be responsible for any taxes levied on the CITY or their contractors as a result of this
Agreement.
4.42. Termination for Convenience.This Agreement may be terminated, in whole or in part,by
INDOT whenever, for any reason, INDOT determines that such termination is in its best interest.
Termination shall be effected by delivery to the CITY of a Termination Notice at least thirty (30)
days prior to the termination effective date, specifying the extent to which performance of services
under such termination becomes effective.
4.43. Termination for Default. [OMITTED—NOT APPLICABLE.]
4.44. Travel. [OMITTED—NOT APPLICABLE.]
Page 13 of 17
4.45. Indiana Veteran's Business Enterprise Compliance. [OMITTED — NOT
APPLICABLE.]
4.46. Waiver of Rights. No right conferred on either party under this Agreement shall be
deemed waived, and no breach of this Agreement excused, unless such waiver is in writing and
signed by the party claimed to have waived such right. Neither the State's review, approval or
acceptance of, nor payment for, the work performed under this Agreement shall be construed to
operate as a waiver of any rights under this Agreement or of any cause of action arising out of the
performance of this Agreement, and the CITY shall be and remain liable to the State in accordance
with applicable law for all damages to the State caused by the CITY's negligent performance of
any of the services furnished under this Agreement.
4.47. Work Standards. [OMITTED NOT APPLICABLE.]
THE REST OF THIS PAGE IS INTENTIONALLY LEFT BLANK
Page 14 of 17
Non-Collusion and Acceptance
The undersigned attests, subject to the penalties for perjury, that the undersigned is the Party, or
that the undersigned is the properly authorized representative, agent, member or officer of the
Party. Further, to the undersigned's knowledge, neither the undersigned nor any other member,
employee, representative, agent or officer of the Party, directly or indirectly, has entered into or
been offered any sum of money or other consideration for the execution of this Agreement other
than that which appears upon the face hereof. Furthermore, if the undersigned has knowledge
that a state officer, employee, or special state appointee, as those terms are defined in IC 4-2-
6-1, has a financial interest in the Agreement, the Party attests to compliance with the
disclosure requirements in IC 4-2-6-10.5.
In Witness Whereof, the PARTIES have, through their duly authorized representatives, entered
into this Agreement. The PARTIES, having read and understood the foregoing terms of this
Agreement, do by their respective signatures dated below agree to the terms thereof.
THE REST OF THIS PAGE IS INTENTIONALLY LEFT BLANK
Page 15 of 17
CITY OF CARMEL
BOARD OF PUBLIC WORKS & SAFETY
(- di.d- -
By: James Brainard, Presiding Officer
Date:
ki/g
Mary A Burke, sgA
Tub
Date: 6' ��L�
Lori S. \ atso•, ember
Date: 51 / 1 /7
--17Christine Pauley, Clerk-Tr surer G2i�
Date: y /- /.. //7
STATE OF INDIANA
Indiana Department of Transportation
Joseph McGuinness, Commissioner
Indiana Department of Transportation
Date:
Page 16 of 17
APPROVALS
STATE OF INDIANA
Office of Management and Budget
By: (FOR)
Jason D. Dudich,Director
Date:
STATE OF INDIANA
Department of Administration
By: (FOR)
Lesley A. Crane, Commissioner
Date:
Approved as to Form and Legality:
Office of the Attorney General
By: (FOR)
Curtis T. Hill,Jr.
Attorney General of Indiana
Date:
This instrument was prepared for the Indiana Department of Transportation, 100 N. Senate
Avenue, Indianapolis, IN 46204,by the undersigned attorney.
Marjorie A. Millman, Attorney No. 21748-36
I affirm,under penalties of perjury, that all Social Security numbers have been redacted from the
forgoing, and all attachments thereto, except as allowed by law.
Marjorie A. Millman
Page 17 of 17
EXHIBIT "A"
PARCEL 7 - State of Indiana
Project Cool Creek Trail Sheet 1 of 4
A part of the Northwest Quarter of Section 19, Township 18 North, Range 4 East, Hamilton
County, Indiana, and being that part of the grantors' land, lying within the right of way
lines depicted on the attached Right of Way Parcel Plat marked Exhibit "B", described as
follows:
Beginning on the south line of said northwest quarter North 89 degrees 29 minutes 59
seconds East 851.43 feet from the southwest corner thereof, said southwest corner being
designated as point "10714", also being on the south line of land granted to the State of
Indiana per Instrument Number 9809871726, which point of beginning is the northwest
corner of a recreational trail easement granted to the City of Carmel per Instrument
Number 2009044120: thence North 5 degrees 7 minutes 38 seconds West 32.66 feet to the
point designated as "102" on said plat; thence Northerly 70.76 feet along an arc to the
left and having a radius of 985.00 feet and subtended by a long chord having a bearing of
North 7 degrees 11 minutes 7 seconds West and a length of 70.75 feet to the point
designated as "103" on said plat; thence North 9 degrees 14 minutes 35 seconds West
139.97 feet to the point designated as "104" on said plat; thence Northerly 41.41 feet
along an arc to the left and having a radius of 185.00 feet and subtended by a long chord
having a bearing of North 15 degrees 39 minutes 23 seconds West and a length of 41.33
feet to the point designated as "105" on said plat; thence North 22 degrees 4 minutes 11
seconds West 2.00 feet to the point designated as "106" on said plat; thence Northerly
139.83 feet along an arc to the right and having a radius of 140.00 feet and subtended by
a long chord having a bearing of North 6 degrees 32 minutes 37 seconds East and a length
of 134.09 feet to the point designated as "107" on said plat; thence North 35 degrees 9
This description was prepared for the City of Carmel by Butler, Fairman & Seufert, Inc. using last
deeds of record obtained from the Office of the Hamilton County Recorder.
H:\592500.0000\ProjDevelopment\ROW\RWENG\INDOT Cool Creek\p007-State of Indiana.doc
EXHIBIT "A"
PARCEL 7 - State of Indiana
Project Cool Creek Trail Sheet 2 of 4
minutes 29 seconds East 104.61 feet to the point designated as "108" on said plat; thence
Northeasterly 140.77 feet along an arc to the right and having a radius of 255.00 feet
and subtended by a long chord having a bearing of North 50 degrees 58 minutes 29 seconds
East and a length of 138.99 feet to the point designated as "109" on said plat; thence
North 66 degrees 47 minutes 25 seconds East 36.99 feet to the point designated as "110"
on said plat; thence Northeasterly 32.64 feet along an arc to the left and having a
radius of 85.00 feet and subtended by a long chord having a bearing of North 55 degrees
54 minutes 12 seconds East and a length of 32.44 feet to the point designated as "111" on
said plat; thence North 44 degrees 54 minutes 16 seconds East 182.36 feet to the point
designated as "112" on said plat; thence Easterly 144.95 feet along an arc to the right
and having a radius of 115.00 feet and subtended by a long chord having a bearing of
North 81 degrees 01 minute 39 seconds East and a length of 135.55 feet to the point
designated as "114" on said plat; thence South 62 degrees 52 minutes 3 seconds East 25.32
feet to the point designated as "115" on said plat; thence North 51 degrees 27 minutes 7
seconds East 97.27 feet to the west line of Laura Vista Subdivision as recorded in
Instrument Number 200300059239, Hamilton County, Indiana, designated as "119" on said
plat; thence South 0 degrees 15 minutes 28 seconds West 109.97 feet along the west line
of said Lara Vista Subdivision to the point designated as "139" on said plat; thence
North 74 degrees 48 minutes 12 seconds West 38.15 feet to the point designated as "121"
on said plat; thence Westerly 54.46 feet along an arc to the right and having a radius of
115.00 feet and subtended by a long chord having a bearing of North 76 degrees 26 minutes
1 second West and a length of 53.95 feet to the point designated as "122" on said plat;
thence North 62 degrees 52 minutes 3 seconds West 25.32 feet to the point designated as
This description was prepared for the City of Carmel by Butler, Fairman & Seufert, Inc. using last
deeds of record obtained from the Office of the Hamilton County Recorder.
H:\592500.0000\ProjDevelopment\ROW\RWENG\INDOT Cool Creek\p007-State of Indiana.doc
EXHIBIT "A"
PARCEL 7 - State of Indiana
Project Cool Creek Trail Sheet 3 of 4
"123" on said plat; thence Westerly 107.14 feet along an arc to the left and having a
radius of 84.98 feet and subtended by a long chord having a bearing of South 81 degrees
01 minute 49 seconds West and a length of 100.18 feet to the point designated as "124" on
said plat; thence South 44 degrees 54 minutes 16 seconds West 182.36 feet to the point
designated as "125" on said plat; thence Southwesterly 43.73 feet along an arc to the
right and having a radius of 115.00 feet and subtended by a long chord having a bearing
of South 55 degrees 48 minutes 2 seconds West and a length of 43.47 feet to the point
designated as "126" on said plat; thence South 66 degrees 47 minutes 12 seconds West
37.35 feet to the point designated as "127" on said plat; thence Southwesterly 124.21
feet along an arc to the left and having a radius of 225.00 feet and subtended by a long
chord having a bearing of South 50 degrees 58 minutes 29 seconds West and a length of
122.64 feet to the point designated as "128" on said plat; thence South 35 degrees 9
minutes 29 seconds West 104.61 feet to the point designated as "129" on said plat; thence
Southerly 109.87 feet along an arc to the left and having a radius of 110.00 feet and
subtended by a long chord having a bearing of South 6 degrees 32 minutes 36 seconds West
and a length of 105.36 feet to the point designated as "130" on said plat; thence South
22 degrees 4 minutes 11 seconds East 2.00 feet to the point designated as "131" on said
plat; thence Southerly 48.13 feet along an arc to the right and having a radius of 215.00
feet and subtended by a long chord having a bearing of South 15 degrees 39 minutes 24
seconds East and a length of 48.03 feet to the point designated as "132" on said plat;
thence South 9 degrees 14 minutes 35 seconds East 139.97 feet to the point designated as
"133" on said plat; thence Southerly 72.92 feet along an arc to the right and having a
radius of 1,015.00 feet and subtended by a long chord having a bearing of South 7 degrees
This description was prepared for the City of Carmel by Butler, Fairman & Seufert, Inc. using last
deeds of record obtained from the Office of the Hamilton County Recorder.
H:\592500.0000\ProjDevelopment\ROW\RWENG\INDOT Cool Creek\p007-State of Indiana.doc
EXHIBIT "A"
PARCEL 7 - State of Indiana
Project Cool Creek Trail Sheet 4 of 4
11 minutes 7 seconds East and a length of 72.90 feet to the point designated as "134" on
said plat; thence South 5 degrees 7 minutes 38 seconds East 35.09 feet to the south line
of said northwest quarter, being on the south line of land granted to the State of
Indiana per said Instrument Number 9809871726, also being the northeast corner of said
recreational trail easement granted to the City of Carmel per Instrument Number
2009044120; thence South 89 degrees 29 minutes 59 seconds West 30.10 feet along the south
line of said quarter section to the point of beginning and containing 0.861 acres, more
or less.
Given under my hand and seal this 13th day of April, 2018.
O.
(31STjyi .. Brent A. Friend, . .
Q No. Registered Land Surveyor
* 20100039 State of Indiana, Surveyor No. 20100039
• STATE OF
7f//lfllll4����\
This description was prepared for the City of Carmel by Butler, Fairman & Seufert, Inc. using last
deeds of record obtained from the Office of the Hamilton County Recorder.
H:\592500.0000\ProjDevelopment\ROW\RWENG\INDOT Cool Creek\p007-State of Indiana.doc
PARCEL NO. : 7 OWNER : STATE OF IND/ANA DRAWN BY: BAF 04/12/2018
TRAIL NAME : COOL CREEK TRAIL CHECKED BY: BAF 04/12/2018
CSEOUNTY :CTION : 19 TRAIL AREA SHEET 1 OF TON \\\\\\ HATCHED AREA IS THE 1 300 N
TOWNSHIP : 18 N THIS PLAT WAS PREPARED FROM INFORMATION OBTAINED FROM THE RECORDER'S OFFICE
AND OTHER SOURCES WHICH WERE NOT NECESSARILY CHECKED BY A FIELD SURVEY.
RANGE : 4 E. EXHIBIT "B" GRAPHIC SCALE
100 0 50 100
Inmi
( IN FEET )
1 inch = 100 ft.
108 i�� S� �.
.46.
4 "oo . �5'
4 A •
= 5773'38"RD PR 1"
CEO I.
CURIE DATA f4.
1 in.) 'poO.
P./. Sta.514-90.60"PR-1"
4=5773:38"Rt. '3J
T=68.19'0 s � .52f 00 PR 1.
L= 124.85'
E=17.39' 130
106
\\ 131
132)
105 ��
0D P./. Sto. 507'98.12 PR-1
A = 124934"Lt. W.I ++
CURVE DATA S �} 50+00 PR-''�P./. Sto.50t98.12 PR-1"
4=124934" Lt.
R=200.00'
`
T=22.48'
L=44.77' ,, �'
E=1.26' 4 133)
103 9�
Fx 102
!.q \\
P.\ /. Sta. 487'99..76 "PR-1"co 9
64 \ 134 A = 0412657"Lt. 79 /
2 79 CURIE \ 7
¢8+00 "PR-�NP./. Sto.48t99.76DATA'PR-1" �%
4=04 06 57" L t.
R=1000.00' 10713
(1,0714 1) A T=35.93'
L=71.84'
E=0.65'
8211 P./. St¢ 437"89.71 PR-1"
0 = 3132'17"L t
Project = 46050607 DKH 1 07-22-08 AT 08-59
R..\4462\AUTOCAD\ROW\Por007.dwg
PARCEL NO. : 7 OWNER : STATE OF/ND/ANA DRAWN BY: BAF 04/12/2018
TRAIL NAME : COOL CREEK TRAIL CHECKED BY: BAF 04/12/2018
COUNTY :SECTION : 19 TRAIL AREA SHEET 2 OF ION HATCHED AREA IS THE 1 300 N
TOWNSHIP : 18 N. THIS PLAT WAS PREPARED FROM INFORMATION OBTAINED FROM THE RECORDER'S OFFICE
AND OTHER SOURCES WHICH WERE NOT NECESSARILY CHECKED BY A FIELD SURVEY.
RANGE : 4 E. EXHIBIT "B" GRAPHIC SCALE
ioo o So too
Iniimmil
( IN FEET )
1 inch = 100 ft.
P./. Sto. 60+47.48 PR-5= (8333} PA L=S58'250"5.I. PR-5" 8334 P./. Sta. 63+21.44 PR-5
8030 A = 81t2950"Lt.
P.O T. Ste. 60+4718 A" CURVE DA TA P.o.S.T. Sta. (P../.+1.432 A"
L =270927 Rt. P.1. Sta.62+55.43 PR-5"
CURVE DATA 4=584250"Rt.
P./. Sta.60-1-47.48 PR-5"
R=60.00' �y
4=270922"Rt. L=61.49'
R=100.00' E=8.84' •'
T=24.15'
L=47.40'
E=2.88' a
8028 P../. Sta. 59+86.16 "A" Q,
L, = 450408"Rt. 115
CURVE DATA
P.1. Sta.59+86.16"A" 119)
4=45 04 08" Rt. 41D'llitilikNIA
R=100.00' �'�j_ $\
T=41.49 112 • ����� `� 62f00 "PR-5" e
�'.1.-Ste 54+1985 PR-1" , `,, O 123 \\` �` \y�0 A - 313750"Rt. x
O
CURVE DATA �x00 . ,��,� ® a 122 �V�0
P.1. Sta.54+19.85 PR-1" •
A=313750" Rt.
R=240.0' '9 .$\,, �\��8331 P1=SIc. 6120.f4 PR-5" (121®
L= 132.49' ® S S, CURVE DATA _
=9.44' CCP
,, S P./. Sta.61+ 8332 4/ 5 ta 1.07
20.24 'PR-5" = 895457 (Noo Curve Rua)
•�,,,�=,, ® R=27'07'12100.00?,.L t.
1 41E10 L=47.33'
E=2.87'
+ '4 ,,PR 1 P./. Sta. 55140..86 PR-1= CEO-9JC OBE d, =2153'03"L L
y P.O.T. Ste. 57+42..98 A"
4'F\ s�plco CURVE DATA
P./. Sta55+40.86 PR-1"
s � �0 0� R=f00.0O3"Lt.
T= 19.33' \\�I\11111111/1,,//
33J L=38.19' \\\\\�N� A. FA/ /r,ii
E=1.85' :� CO� \STE ��
PSG fk'
SURVEYOR'S STATEMENT = Na
To the best of my knowledge and belief, this - * 20100039 * _
plat, together with the "Location Control Route = STATE OF
Survey Plat" recorded as (Instrument
#20HAM08037117)
ithe
dOffice
of(incorporated and Recorder
of '"'like)
/ARIA ISkQ4
County, , ( p ,,�1/S URj11\\\0
made a part hereof by reference) comprise a
Route Survey executed in accordance with
Indiana Administrative Code 865 IAC 1-12,
("Rule 12"). 2"
11 April 2018
Prepared for — City of Carmel Brent A. Friend Dote
by Butler, Fairman and Seufert, Inc. (Job #4462.06) P.S. 20100039
PARCEL NO. : 7 OWNER : STATE OF/ND/ANA DRAWN BY: BAF 04/12/2018
TRAIL NAME : COOL CREEK TRAIL CHECKED BY: BAF 04/12/2018
COUNTY : HAM/L TON EXHIBIT 'B" SCALE: N/A
SECTION : 19 SHEET 3 OF 3
THIS PLAT WAS PREPARED FROM INFORMATION OBTAINED FROM THE RECORDER'S OFFICE
TOWNSHIP : 18 N. AND OTHER SOURCES WHICH WERE NOT NECESSARILY CHECKED BY A FIELD SURVEY.
RANGE : 4 E.
PARCEL COORDINATE CHART
POINT STATION OFFSET CL NORTHING EASTING
Line "PR-1" Data
100-+PT( -44+70.12 ) 15.00 Lt. PR 1" 1728085.4033 19994351-74-
102 +PC( 48+63.83 ) 15.00 Lt. "PR-1" 1728477.5388 199908.3331
103 +PT( 49+35.67 ) 15.00 Lt. "PR-1" 1728547.7306 199899.4839
104 +PC( 50+75.64 ) 15.00 Lt. "PR-1" 1728685.8833 199877.0016
105 +PT( 51+20.41 ) 15.00 Lt. "PR-1" 1728725.6758 199865.8490
106 +PC( 51+22.41 ) 15.00 Lt. "PR-1" 1728727.5293 199865.0976
107 +PT( 52+47.26 ) 15.00 Lt. "PR-1" 1728860.7476 199880.3784
108 +PC( 53+51.87 ) 15.00 Lt. "PR-1" 1728946.2741 199940.6169
109 +PT( 54+84.36 ) 15.00 Lt. "PR-1" 1729033.7909 200048.5938
110 +PC( 55+21.53 ) 15.00 Lt. "PR-1" 1729048.3677 200082.5878
126 +PC( 55+21.53 ) 15.00 Rt. "PR-1" 1729020.9418 200094.7462
127 +PT( 54+84.36 ) 15.00 Rt. "PR-1" 1729006.2192 200060.4175
128 +PC( 53+51.87 ) 15.00 Rt. "PR-1" 1728928.9983 199965.1433
129 +PT( 52+47.26 ) 15.00 Rt. "PR-1" 1728843.4730 199904.9057
130 4-PC( 51+22.41 ) 15.00 Rt. "PR-1" 1728738.8013 199892.8995
131 +PT( 51+20.41 ) 15.00 Rt. "PR-1" 1728736.9479 199893.6509
132 +PC( 50+75.64 ) 15.00 Rt. "PR-1" 1728690.7023 199906.6121
133 +PT( 49+35.67 ) 15.00 Rt. "PR-1" 1728552.5493 199929.0945
134 +PC( 48+63.83 ) 15.00 Rt. "PR-1" 1728480.2198 199938.2131
136 +PT( 44+70.12 ) 15.00 Rt. "PR-1" 1728088.0843 199973.3974
8211 43+89.71 P.I. "PR-1" 1728002.3666 199966.0281
8212 48+99.76 P.I. "PR-1" 1728514.6648 199920.0622
8213 50+98.12 P.I. "PR-1" 1728710.4781 199888.1966
8214 51+90.60 P.I. "PR-1" 1728796.3617 199853.3768
8215 54+19.85 P.I. "PR-1" 1728993.2099 199992.0221
8216 55+40.86 P.I. "PR-1" 1729042.2712 200106.4280
Line "A" Data
111 +PT( 57+62.31 ) 15.00 Lt. "A" 1729066.5536 200109.4518
112 +PC( 59+44.67 ) 15.00 Lt. "A" 1729195.7170 200238.1855
124 +PC( 59+44.67 ) 15.00 Rt. "A" 1729174.5382 200259.4331
125 .+PT( 57+62.31 ) 15.00 Rt. "A" 1729045.3758 200130.7004
8028 59+86.16 P.I. "A" . 1729214.5126 200278.0965
Line "PR-5" Data
114 +PT( 60+70.73 ) 15.00 Lt. "PR-5" 1729216.8568 200372.0742
115 +PC( 60+96.05 ) 15.00 Lt. "PR-5" 1729205.3095 200394.6083
119 62+59.65 PL( 15.00 Lt. ) "PR-5" 1729265.9256 200470.6821
121 +PT( 61+43.41 ) 15.00 Rt. "PR-5" 1729165.9555 200433.3726
122 +PC( 60+96.05 ) 15.00 Rt. "PR-5" 1729178.6107 200380.9269
123 +PT( 60+70.73 ) 15.00 Rt. "PR-5" 1729190.1581 200358.3927
139 61+80.22 25.00 Rt. "PR-5" 1729155.9554 200470.1874
8330 60+47.48 P.I. "PR-5" 1729214.5430 200343.6983
8331 61+20.24 P.I. "PR-5" 1729180.9555 200409.2424
8332 61+81.07 P.I. "PR-5" 1729180.9555 200471.0345
8333 62+55.43 P.I. "PR-5" 1729255.3168 200471.1436
8334 63+21.44 P.I. "PR-5" 1729292.5935 200532.6896
10713 BF&S Calc. Point 1728460.0832 201638.1661
10714 BF&S Calc. Point 1728437.5762 199059.8543
See Location Control Route Survey Plat for all Line "A"points
NOTE: STATIONS AND OFFSETS CONTROL OVER BOTH NORTH AND
EAST COORDINATES AND BEARINGS AND DISTANCES