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Construction of 96th StAGREEMENT FOR CONSTRUCTION OF 96TH STREET FROM LAKESHORE DRIVE, IN CARMEL~ INDIANA~ TO THE INTERSECTION OF 96TH STREET AND 1-69 This Agreement entered into and approved by the parties on the dates set out herein, between Hamilton County, Indiana (hereinafter referred to as "Hamilton County"); the City of Indianapolis through the Department of Capital Asset Management (hereinafter referred to as "DCAM"); the City of Carmel (hereinafter referred to as "Carmel"); and the Town of Fishers (hereinafter referred to as "Fishers"); WITNESS THAT: WHEREAS, United Consulting Engineers and Architects, Inc., (hereinafter referred to as "the Engineers") are preparing plans and specifications for the construction and improvement of 96th Street from Lakeshore Drive in Carmel, Indiana, to the west limit of the intersection of 1-69; and, WHEREAS, the parties are desirous of entering into an Agreement to construct the road improvements and bridges set out in those plans and specifications (hereinafter referred to as "the Project"); and WHEREAS, the parties wish to cooperate in the realization of the Project, to exchange the necessary services, and to share equitably in the cost of the Project; and WHEREAS, Indiana Code 36-1-7 permits interlocal agreements between governmental entities. NOW, THEREFORE, the parties mutually agree as follows: 1. Hamilton County shall be the lead agency on the Project, and shall be primarily responsible for continuing to advance the Project through agreements with the Engineers, bidding the Project for construction, and making all required filings and applications with State and Federal agencies. As lead agency, Hamilton County shall keep all of the parties informed concerning the status of the project. All parties shall be informed of any and all amendments to contracts or additional contracts with the Engineers before Hamilton County incurs costs which are to be Shared Costs under this Agreement. All parties shall approve the plans and specifications for the Project prior to the construction of any part of the Project being · released for bid. All parties shall be informed of any and all change orders which occur during the course of construction of the Project. 2. Hamilton County shall continue to make applications with the Federal Government to receive funds for demonstration projects under the Intermodal Surface Transportation Efficiency Act and any other Federal or State funds which might.be available to assist in payment of the costs of the Project. All parties agree to assist and cooperate in obtaining Federal and State funds for the Project; however, nothing herein shall be construed to impose a duty on any party to pursue Federal funds through the Indianapolis Regional Transportation Council unless agreed by the parties. 3. The parties agree to examine alternate financing methods including but not limited to financing, constructing, and leasing the local public improvements contained within the Project. 4. The costs of the Project are estimated in Exhibit A which is attached hereto and made a part hereof. Final costs shall be determined upon the actual costs at completion of the Project. 5. The parties agree that all costs hereafter identified as "Shared Costs" shall be divided between the parties with fifty percent (50%) of the Shared Costs paid by DCAM, one-sixth (1/6) of the Shared Costs paid by Hamilton County, one-sixth (1/6) of the Shared Costs paid by Carmel, and one-sixth (1/6) of the Shared Costs paid by Fishers. 6. All Federal or State funds received toward the Project, from any source, shall be applied to Shared Costs. All costs paid by any of the parties after the 1st day of January, 1995, shall be divided as set out herein. Those costs include the unpaid portion of the local share of existing contracts with the Engineers' as set out in Exhibit B which is attached hereto and made a part hereof. 7. All costs paid after January 1, 1995, for the Project shall be Shared Costs, other than attorney's fees and litigation costs incurred by the parties in right-of-way acquisition. The balance of the costs of the Project, including but not limited to engineering fees, damages and payments to landowners for right-of- way, construction costs and inspection costs, shall be a Shared Cost. 8. Each party shall pay all attorney's fees and litigation costs for right-of-way for the Project within their respective jurisdictions. However, payment of damages to landowners, whether by agreement or judgment, shall be a Shared Cost. 9. Hamilton County shall maintain records of all costs incurred for the Project and shall itemize all costs paid after January 1, 1995. The parties shall be provided reports of all costs incurred on a regular basis, at least quarterly, including the amounts of Shared Costs paid and/or due from each of the parties. 10. The parties agree that the Project may be divided into separate parts to assist the parties in funding their portion of the Project or permit the acceleration of construction of the Project. The parties further agree that Hamilton County's contribution toward the Shared Costs of this Project shall be applied to the construction of the bridge over White River so that those funds may be paid under the County's major bridge fund under Indiana Code 8-16-3.1-1 et seq. The other parties shall notify Hamilton County as soon as practical of their intent to pay costs attributable to specified portions of the Project. 11. The parties represent that they have the authority to enter into this Agreement and agree to seek appropriations from their fiscal bodies in an amount sufficient to fund each unit's portion of the Project in a timely manner. 12. Any disputes arising from this Agreement shall be resolved by the chief executives of each party or their respective designees. If said persons are not able to resolve the dispute, the parties shall submit the dispute to mediation or other mutually agreed upon alternate dispute resolution technique. 13. Notwithstanding anything to contrary above, DCAM shall have no obligation to participate in the Project unless and until the City of Indianapolis establishes a Tax Incremental Financing District which is able to provide DCAM with the funds necessary to perform its obligations under this Agreement. 14. This Agreement sets for the entire agreement between or among the parties. The parties shall not rely or seek to enforce any other written or oral agreements between or among the parties, if said written or oral agreements should exist. 15. This Agreement is the result of negotiations between the parties and their respective legal counsel, and no party shall be deemed to be the drafter of this Agreement. The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against either party. IN WITNESS WHEREOF, the parties to this Agreement have approved this Agreement on the dates set out below. Date: BOARD OF COMMISSIONERS OF HAMILTON COUNTY Steven C. Dillinger Steven A. Holt Sharon R. Clark ATTEST: Jon M. Ogle, Auditor CITY OF INDIANAPOLIS Date: Gregory L. Henneke, Director Department of Capital Asset Management APPROVED AS TO LEGAL FORM: SUE A. BEESLEY, CORPORATION COUNSEL Dated: Jane A. Morrison Assistant Corporation Counsel APPROVED: Dated: James H. Steele, Jr. Controller Dated: ATTEST: '~lerk-Treasurer CITY OF CARMEL BY ITS BOARD OF PUBLIC WORKS TOWN OF FISHERS BY ITS TOWN BOARD Dated: ATTEST: Clerk-Treasurer 96TH STRI::_I::.T COST $~Y PI-IASES ]2, III, IV FROM LAXE SI-IO~ DRIVE TO THE WEST RAMPS OF 1-69 $ 360,000.00 $ 2,954,000.00 $ 1,210,000.00 $ 19,072,000.00 ,$ 2,~8~,000.00 TOTAL 26,465,000.00 NOTES: I. Includes only the local share of Federally Funded A~eements for Phase IV. Ira.nd Acquisition (LA) costs include appraising, review appraising, buying, management, and the cost of the land, improvements, and damages for all parcels. These costs can vary widely based on donations vs. purchases (Purchases ,will be based on Fair Market Value at the time of' Appraisal). Utilit7 Relocation costs determined by estimates provided by thc various utility companies. . Construction and Construction Inspection costs are estimates based on 1996 dollars and are for conatruction of a 4 lane divided pavement v,5.th auxili~ lanes for turning movements as needed, approach construction, traffic control devices, storm drainage and other incidental items. 96TIt STRFI*~T - PttASES II, BI, IV SUMi%IARY OF AGREEMFNTS BETWEEN IIAMII.TON CO. AND. UCEA FOR DESIGN AND RJW SERVICES UCEA Iob No. Services Provided and Agreement Amounts 87416 PHASF~ II and III - 100% HA3A'tI~TON COUNTY FUNDS Design Survey, Design Study Report, Road Design, Bridge Design for Carmel Creek and White River, All R/W Engineering Services, Geotechnical. Services, Utility Coordination, Hydraulic Analysis @ Carmel Creek Original. Agreement dated May 18, 1987 Amendment No. 1 dated lune 3, 1991 Total Not to Exceed Invoiced Thru November 1, 1991 Balance to Invoice- * Amendment No. 2 dated Dec. 20, 1994 Pending 562,900 2,O0O 564,9OO 377,753.03 187,146.97 18,100 88-416 PI-IASE IV - 75 % FEDERAL FUNDS Design Survey, Design Study Report, Design Hearing, Road Design, Signal Warrant Studies @ Masters & Hague, Signal Design @ Masters & Hague, Geotecknical Services, Utility Coord., Re-evaluate E.I.S - All Phases, Sect. 106 & 4(f) CompLiance, Arch. Recon and Test Exc.- All Phases Original Agreement dated October 3, 1988 Supplement No. 1 dated February 6, 1989 Supplement No. 2 dated November 6, 1989 Supplement No. 3 dated luly 15, 1991 Total Not to Exceed (100%) Invoiced Thru November 1, 1991 Balance to Invoice (100%) Balance to Hamilton County (25 %) · $ 257,200 $ 11,850 $ 6,569 $ 13,80o $ 289,419 $ 203,946.50 $ 85,472.50 $ 21,368.12 90-508 PI-IASE IV - 75 % FEDERAL FUNDS Final R/W Plans, Title Work, Last Deeds, Legal Descriptions, Transfer Documents, Land Plats, Appraisal Problem Analysis, R/W Stake-Out, Title Insurance & Update Original Agreement dated September 4, 1990 Supplement No. 1 - Revised Not to Exceed Total Not to Exceed (100 %) Invoiced Thru November 1, 1991 Balance to Invoice (100 %) Balance to Hamilton County (25 %) $135,240 $ - 991 $134,249 $ 75,151.13 $ 59,097.87 $ 14,774.47 S~Y OF AGREEM~NTS CONT. 93-510 PHASES II & BI- 75 % FEDERAL FUNDS R/W Services: Seek Donations & RYW Management * This agreement will need to be mended to include Appraisals, Review Appraisals, and Buying Original Agreement dated August 19, 199 l No Invoice to Date Balance to Invoice (100%) Balance to Hamilton County (25 %) $ 50,401 $ 50,401 $ 9,450.19 93-511 PHASE IV - 75 % FEDERAL FUNDS RYW Services: Seek Donations & R/W Management * This agreement will need to be amended to include Appraisals, Review Appraisals, and Buying Original Agreement dated August 19, i99 i No Invoice to Date Balance to Invoice (100%) Balance To Hamilton County (25 %) $ 88,535 $ 88,535 $ 22,133.75 Pending PHASES II, BI, IV - 100% HAMILTON COUNTY FUNDS Update Survey and Plans, Title Update, Title Search, Right-of-Way Engineering Revisions, Right-of-Way Engineering for New Parcels, Appraisal Problem Analysis Reports * New Agreement Pending dated Dec. 20, 1994 $ 95,600 © AGREEMENT BETWEEN HAMILTON COUNTY, INDIANA, AND CARMEL, INDIANA, TO SHARE COSTS OF 96TH STREET This Agreement entered into on the dates Set out herein between the Board of Commissioners of Hamilton County, Indiana, (hereinafter referred to as the "County") and the city of Carmel,- Indiana, (hereinafter referred to as "Carmel"); WITNESS THAT: WHEREAS, the County, has since September 17, 1990, pursued the advancement of the construction of Phases II, III, and IV for the design, improvement, and construction of 96th Street from Lakeshore Drive in Clay Township, Indiana, to Interstate 69 in Delaware~ Township, Indiana, (hereinafter referred to as the "Project"); and, WHEREAS, Phase II of the Project is from Lakeshore Drive to River Road, including a bridge structure at Carmel Creek and two material conveyor structures for American Aggregates; and, WHEREAS, Phase III of the Project is from River Road to Allisonville Road, including a bridge structure at White River and a wildlife access structure; and, WHEREAS, Phase IV of the Project is from Allisonville Road to 1-69; and,~ WHEREAS, the County is in the process of negotiating with other units of government, namely the Department of Transportation, city of Indianapolis, Marion County, Indiana, the City of Carmel, and the Town of Fishers to assist -in the construction of the Project; and, WHEREAS, it is the intent of Hamilton County to seek funds ~rom the Federal Highway Administration (FHWA) for the construction of all or part of the Project; and, WHEREAS, the County has entered into Agreements with United Consulting Engineers, Inc., (united) of Indianapolis, Indiana, to provide engineering services for the Project? and, WHEREAS, the County and the City of Carmel are desirous of entering into an Agreement to allocate certain portions of the costs; and, WHEREAS, Indiana Code 36-1-11-8 permits units of government to enter into Interlocal Agreements to share the costs of projects. IT IS THEREBY AGREED AS FOLLOWS: acc the right-of-way on the side of 96th Street which is pr included in the intent of Carmel event it is necessary the right-of-way 's fe~ and any costs arising acquisiti¢ costs pre~ City of ~1. said property at the landowners for ~o pay costs, II of the Project Lrt of the right-of-way While is in the on of including the appropriation and the right-of-way~rmel ~ agrees to pay of al,~ocuments necessar~conve, y the the ~, The city agrees to pay One Hundred Twenty-three Thousand Seven Hundred Forty-four Dollars and Fifty Cents ($123,744.50) toward engineering services for Phase II. These amounts are reflected under the columns of field survey, roadway design and design study report, right-of-way engineering, and geotechnical investigation, as set out in the Hamilton County and Carmel funding table, which is prepared by United, which is attached hereto and made a part hereof. ..~...2 ....... unt~ _..i Z - -~ ~,,a ~o~a~ ~. ' , One ~~ring fees to be paid by .Ca~el shall be invoiced to Ca by Hamilton Count~~~ ~2al clai~ and pa~~~ ~i~!Y to the County as a ei~ursement. ~. The City of Ca~el also agrees to aid and assist the County in filing whatever appli.cations, requests for permits, and participating in any procedures that are necessary to obtain FHWA revenues fOr the Project. ~. This Agreement shall be considered, signed and approved in an open meeting in conformance with Indiana Law and the payments herein are subject to appropriations by the fiscal bodies of the respective bodies. IN WITNESS wHEREOF, the parties have approved this Agreement on the dates set out herein. ~'~rk'Treas~.reru CITY 0 By: BOARD OF COM~4ISSIONERS OF HAMILTON'COUNTY , Steven C. Dillinget Steven A. Holt William R. Karns Polly Pea~ce Hamilton County Auditor HAMILTON COUNTY & CARMEL FUNDING TAPLE Project M-B 209 ( ) E. 96th Street- Phase II Lake Shore Drive to River Road 3/18./91 Hamilton Carmel I.D.O.T. F.H,W.A. [11 County Total RATIO COMPUTATION [2] Total Length (ft) 6761 Length by jurisdiction (ft) Ratio 2668 4093 N/A N/A N/A 0.39 0.61 N/A N/A N/A PRELIMINARy ENGINEERING (PE) [3] Item FIELD SURVEY Total Local Share $26,500.00 Pro Rata Share (by length) $10,335.00 $16,166.00 $0.00 $0.¢0 $26,500.00. · Item Total Local Share Pro Rata Share (by length) ROADWAY DESIGN AND DESIGN STUDY REPORT $153,800.00 $59,982.00 $93,818.00 · $0.00 $0.00 $153,800.00 Item Total Local Share Pro Rata Share CARMEL CREEK BRIDGE DESIGN [4] $28,000.00 $14,000.00 $0.00 $14,000.00 $0.00 $28,000.00 Item Total Local Share Pro Rata Share AMERICANAGGREGATES ACCESS STRUCTURE DESIGN $12,000.00 $12,000.00 $0.00 $0.00 $0.00 $12,000.00 Item Total Local Share Cost Share (by parcel) (11 Estimated Parcels) RIGHT-OF-WAY ENGINEERING (RWE) FOR ROADWAY [5] $15,748.00 $1,853.00 $12,145.00 $1,750.00 $0.00 (2 Parcels) (15 Parcels) (0 Parcels) [6] $15,748.00 Item Total Local Share Cost Share (by parcel) (2 Estimated Parcels) RWE FOR CARMEL CREEK BRIDGE [4] [5] $1,852.00 $926.00 $0.00 $926.00 $0.00 (1 Parcel) (0 Parcels) (1 Parcel) [6] $1,852.00 Item Total Local Share Pro Rata Share (by length) GEOTECHNICAL INVESTIGATION FOR ROADWAY $2,650.00 $1,033.50 $1,616.50 $0.00 $0.00 $2,650.00 Item Total Local Share Pro Rata Share PE SUBTOTAL GEOTECHNICAL INVESTIGATION FOR CARMEL CREEK BRIDGE [4] $2,675,00 $1,337.50 $0.00 $1,337.50 $0.00 $2,675.00 $243,225.00I Page I ol 2 : "'' '£'~,.AMILTON COUNTY & CARMEL FUNDING , Project M-B 209'( ) ; E. 96th Street - Phase II Lake Shore Drive to River Road Hamilton Carmel I.D.O.T. F.H,W.A. [1] County 3118/91 Total LAND ACQUISITION (LA) Item LAND ACQUISITION IN MARION COUNTY (8 PARCELS) [7] Total Local Share $102,900.00 Cost Share $0.00 $0.00 $102,900.00 $308,700.00. $411,600.00 Item LAND ACQUISITION IN HAMILTON COUNTY (11 PARCELS) [7] Total Local Share $116,678.00 Cost Share $27,525.00 $89,150.00 $0.00 $350,025.00 $466,700;00 LA SUBTOTAL [1] [ $27,525.00 [[ $89,150.00 Il $102,900.00 tl $658,725.00 II $878,300.00 CONSTRUCTION (CN) Item ROADWAY Total Local Share $1,874,000.00 Pro Rata Share $730,860.00 $1,143,140.00 $0.00 $2,811,000.00 $4,685,000.00 Item CARMEL CREEK BRIDGE [4] Total Local Share $224,000.00 Pro Rata Share $112,000.00 $0.00 $112;000.00 $336,000.00 $560,000.00 CONSTRUCTION INSPECTION (CE} [8] Item ROADWAY Total Local Share $281,100.00 Pro Rata Share $109,629.00 $171,471.00 $0.00 $421,650.00 $702,750,00 Item CARMEL CREEK BRIDGE [4] Total Local Share $33,600.00 Pro Rata Share $16,800.00 $0.00 $16,800.00 $50,400.00 $84,000.00 CONSTRUCTION AND CONSTRUCTION INSPECTION SUBTOTAL [1] [8] I $969'289'00 ] I $1'314'611'00 I [ $128,800.00][ $3,619,050.00 ] I $6,031,750.00 t items [1] through [9] are exCained in Funding Table Notes (attached). 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