116th St.ImprovementsHCHD#M-96001 I
INTERGOVERNMENTAL AGREEMENT
7
This Agreement made and entered into on ('2,,~, ,, oq~ 199,6', and between
the CITY OF CARMEL, INDIANA, acting by and through its Board of Public Works and Safety,
(hereinafter referred to as the "CITY") and HAMILTON (~OUNTY, INDIANA, acting by and
through its Board of Commissioners (hereinafter referred to as the "COUNTY").
WITNESSETH:
WHEREAS, the COUNTY is anticipating using Federal Highway matching funds for the
construction improvements and construction inspection of 116th Street from the eastem Carmel City
Limits to the western Fisher' s Town Limits, plus certain improvements from River Road to the eastern
Carmel City Limits, receipt of which will require 20 liercent matching funds from the local
govermnent, and,
WHEREAS, the COUNTY and the CITY are desirous of entering into an agreement to pay
the costs of adding an additional eastbound lane, storm sewers, bike paths, sidewalks, and paving the
road, to the CITY's portion of 116th Street from River Road to the beginning of the COUNTY's
project at Station 6+754, Line "A" and the storm sewers from Station 6+754 to Station 6+900
hereafter referred to as the "SHARED PROJECT". Said lane and appurtenances would coincide with
the COUNTY's roadway section on 116th Street. (See Attachment 'A')
WHEREAS, it is in the best interest of the COUNTY and the CITY to cooperate in causing
the 116th Street construction to be made pursuant to the Indiana Interlocal Govemmental Cooperative
Act as found in Indiana Code 36-1-7.
NOW THEREFORE, in consideration of the premises and the mutually dependent covenants
herein contained, the CITY and COUNTY agree as follows:
Section 1
The COUNTY shall prepare, or cause to be prepared, plans, specifications and special
provisions for said reconstruction of 116th Street in Hamilton County and the City of
Carmel, Indiana, from River Road to approximately 100 meters west of Cherry Hill
Blvd.
Page 1 of 5 Pages
All work as specifically referred to herein and elsewhere in this Agreement shall be
designed and constructed in accordance with the current INDOT Design Manual and
Standard Specifications.
Section 2 a.
The COUNTY shall, if necessary, acquire all right-of-way to construct the
improvements other than as set out in 2b below. Such services include, but are not
limited to, right-of-way engineering, abstracting, appraising, review appraising,
buying, property management, relocation assistance and condemnation.
be'
CITY shall acquire the permanent drainage easement and temporary right-of-way
within the SHARED PROJECT, including all cost to cure items within the temporary
. fight-of-way and drainage easement.
Section 3 a.
The COUNTY shall coordinate the relocation of all utilities. The COUNTY shall pay
the costs of the relocation of utilities east of Station 6+900, if any is required to
construct the work described in Section 1.
b,
CITY shall pay for cost of the utility relocation west of Station 6+900, if any is
required to construct the work described in Section 1.
Section 4
The COUNTY shall act as lead agency in the project and in doing so shall be
responsible to obtain any and all necessary govemment approvals and permits for
construction of said roadway section and costs thereof.
Section 5
The COUNTY shall provide competent and adequate engineering, testing, and
inspection services to monitor the contraetor's work. During construction, the CITY
may inspect (at its own expense) the improvements within the SHARED PROJECT.
The CITY shall promptly notify the COUNTY, in writing, of any deficiencies in the
work within the SHARED PROJECT.
Section 6 The cost of work covered by this Agreement shall be apportioned as follows:
ae
All costs to design, prepare plans, specifications and special provisions;
shall be borne by the COUNTY.
be
Reimbursable utilities shall be as in Section 3 above. The COUNTY will bill
the CITY for the work described in Section 3(b) upon the execution of a utility
reloeation agreement by the COUNTY with each affected utility. The CITY
shall make payment to the COUNTY for the costs listed in Section 3(b) within
Page 2 of 5 Pages
45 days of receipt of an invoice from the COUNTY. It is not anticipated that
Federal Funds will be used for these costs.
c. The construction costs of the SHARED PROJECT shall be paid as follows:
(1) Should Federal Highway matching funds be secured for
said section of roadway, the CITY shall reimburse the
COUNTY for 20 percent matching cost for the total con-
struction cost of Shared PROJECT.
(2) Should Federal Highway matching funds not be secured, the
CITY shall pay the COUNTY the total cost of the SHARED PROJECT,
but no more than, $90,000.00 for said construction.
All costs to obtain fight-of-ways and easements shall be as in Section 2 above.
Federal Funds will not be used for these costs. The parties agree to acquire or
have filed for condemnation to acquire, all fight-of-ways and easements
required to be obtained under this Agreement no later than April 1, 1997.
Section 7
The COUNTY will bill the CITY for the work as described in Section 6(c) 30
Days prior to the letting of its local project. The CITY agrees to make the payment
listed in Section 6(e) within 45 days after the CITY receives an invoice from the
COUNTY.
Section 8
This Agreement shall be recorded by the COUNTY in the Hamilton County
Recorder's Office after approval by the COUNTY and the CITY, and shall be filed
with the Mayor of the City of Carmel and the Hamilton County Auditor, all pursuant
to I.C.S. 36-1-7-10, and shall not be deemed enforceable and binding until the same
is so recorded and so filed.
Section 9
This Agreement shall terminate' upon completion of the construction and inspection
of the SHARED PROJECT.
Section 10
Both parties agree to attempt to mediate any dispute under this contract prior to
initialing any legal action.
INSOFAR AS authorized by law, this Agreement shall be binding upon the parties, their
successors or assignees.
Page 3 of 5 Pages
IN WITNESS, the parties have executed this Agreement.
BOARD OF COMMISSIONERS
HAMILTON COUNTY, INDIANA
Stev~ ~
_ .
Steven C. Dillinger
BOARD OF PUBLIC WORKS AND SAFETY
CARMEL, INDIANA ~
ATTEST:
Jon M. e H~ County Auditor
ATTEST:
Diana Corday
Clerk-Treasurer
Page 4 of 5 Pages
ACKNOWLEDGMENT
State of Indiana County of Hamilton
, SS:
Before me, the undersigned Notary Public in and for said County personally appeared
Steven C. Dillinger, Steven A. Holt, Sharon R. Clark, Members of the Hamilton County Commissioners
and each acknowledged the execution of the foregoing agreement on this °'9 ..~ ,hO
day of 6~F,t'-n-.rnP,~ ,19q6.
Witness my hand and seal the said last named date.
My Commission Expires
F_,,-/0
/47t r'~ ', LTO )0
County of Residence
Typed or Printed Name
ACKNOWLEDGMENT
State of Indiana, County of /'~n~;/~n , ss:
Before me, the undersigned Notary Public in and for said County, personally appeared [~It~r
dq,.ne.. , I.,.,,'l a;..,ae.,. , l~;]/y l... Nat filet, , of the Board of
Public Works and Safety, Carmel, Indiana, and acknowledged the execution of the foregoing agreement on
this .,;t,,q.n4 day of
Witness my hand and seal the said last named date.
My Commission Expires
Notary Public
County of Residence
A:ge_3~,eapt Z.
Typed or Printed Name
Page 5 of 5 Pages
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