CC-07-01-98-02 Gray Rd Bridge SUPPLEMENTAL AGREEMENT NO. 1
TO
AGREEMENT FOR SHARING OF COSTS OF CONSTRUCTION OF
BRIDGE 139 FOR GRAY ROAD OVER COOL CREEK
BETWEEN THE CITY OF CARMEL, INDIANA
AND
HAMILTON COUNTY, INDIANA
This Agreement is entered into as Supplemental Agreement No. 1 to that certain Agreement
executed by the City of Carmel, Indiana, by and through its Board of Public Works and Safety
(the "City") on April 19, 1995, and by Hamilton County, Indiana (the "County") on April 10,
1995 (the "Interlocal Agreement").
WITNESSETH THAT:
WHEREAS, County is responsible for the construction, reconstruction and maintenance of
bridges within the boundaries of Hamilion County, Indiana; and
WHEREAS, Bridge 139, which provides for Gray Road to cross Cool Creek, is within the
municipal limits of the City; and
WHEREAS, City and County entered into the Interlocal Agreement in order to equitably
share the costs of constructing certain improvements to Bridge 139 (the "Project"); and
WHEREAS, subsequent to the execution of the Interlocal Agreement, the estimated
construction costs and repairs needed to complete the Project have increased and the
improvements to Bridge 139 desired by City have been modified; and
WHEREAS, County will prepare plans and specifications for the reconstruction of Bridge
139 at an estimated Project cost of Two Hundred Forty-Two Thousand Four Hundred Seventy-
Five Dollars ($242,475.00), as set forth in attached F. xhibit A; and
[ell:ms~,ont:a:'~ffidge139~ult~l .doc:6/26/91] 1
WHEREAS, the City is now desirous of providing certain improvements to Bridge 139
which will increase the costs of the construction and reconstruction of same, including, but not
limited to, constructing a sidewalk and performing other improvements on the east side of Bridgo
139, which improvements are estimated, after certain cost adjustments are made, to increase the
overall cost of the Project by an additional Two Hundred Fifty-Two Thousand Two Hundred
Seventy-Five Dollars ($252,275.00), for a total Project cost of Four Hundred Ninety-Four
Thousand Seven Hundred Fifty Dollars ($494,750.00), as reflected in attached Exhibit B; and
WHEREAS, it is in the best interest of the taxpayers of the County and City that such
improvements desired by Cit9 be included in the Project; and
WHEREAS, the parties are desirous of entering into this Supplemental Agreement No. 1 in
order to equitably share the revised costs of the Project; and
WHEREAS, Indiana Code 36-1-7 permits interlocal agreements between governmental
entities.
NOW, THEREFORE, City and County hereby agree to amend the Interlocal Agreement
with this Supplemental Agreement No. 1, as follows:
1. The foregoing recitals are hereby incorporated herein as if they were specifically set
forth herein.
2. Based upon the estimated increased costs of reconstructing Bridge 139 pursuant to
County' s plans and specifications and of providing the improvements to Bridge 139 now
.requested by City, the parties agree that all costs for the Project shall be shared, with
forty-nine percent (49%) to be paid by County and fifty-one percent (51%) to be paid by
City. County shall inform City of the amount of the bids and keep City advised of the
cost of all change orders or additional costs for the Project.
[eb:m.lv, mrd:c:~im.a.locmSrcanems~beidSe139svp~ll .dm::glO~$] 2
3. County shall maintain records of all costs incurred for the Project and shall periodically
provide to City reports of all such costs.
4. City shall seek an appropriation of its share of the costs of the Project and shall transfer
its share of the costs of the Project, including contingency, within ten (10) days of the
date bids for the Project are received by County.
5. The amount paid by City for the Project shall be held in a segregated line item dedicated
solely to the costs of the Project. Any amount remaining in such account at the
conclusion of the Project shall be refunded to City.
6. All provisions of and attachments to the Interlocal Agreement in force on the effective
date of this Amendment No. 1 and not in conflict herewith shall apply hereto and remain
in full force and effect.
7. This Amendment No. 1 shall be effective as of the date on which it is last executed by a
party hereto.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 as
follows:
BOARD OF COMMISSIONERS OF
HAMILTON COUNTY
ATTEST:
Date:
Auditor
[eb:mswe~:a:%bfk!:teil~sapp;I .(~oc:~d/H] 3
CITY OF CAKMEL, INDIANA
BY AND THROUGH ITS BOARD OF
PUBLI ,WOES AND SAFETY
J nard, Pr n fficer
Mary ~Burke, Member
D~t~: 7- /-' ?'8'
ATTEST:
Diana L. Cordray, , Treasurer
[cl):msw(H'd:a:V~ll'k~el)gmlpl3W|.do~:(l/"Z~dgl] 4
06/26/98 13:47 FAX HAMILTON CO HTY. ~002 '-
Estimate of Cost
Gray Road over Cool Creek
Hamilton County Bridge #139
Alternate D
Bridge Reconstruction with Deck Replacement
and Concrete Railing Replacement
I. E~cimated Cons~ruCtion cost
II- Professional Services
A. Sur~ey
B. Design
C. Permi= Applications
D. Intermittent Construction Inspection
E. Right-of-Way:Engineering
~ Estimate 1 Parcel @ $400
P. Right-of-Way Services
Market Estimate and Negotiation
Estimate I Parcel @ $1,800
G. Title Insurance
Estimate I Parcel W $375
H. Right-of-Way Staking
Estimate I Parcel @ 9500
'III. Cost of Land and Improvements
IV. Utility Relocation
TOTAL
$218,000
1,500
12,900
500
3,500
400
1,800
375
500
3,000
$242,475
~".k HI,&/T A
06/26/98 13:49
~A~ILTBN CO IIWY.
~005
Estimate of Cost
Gray Road over Cool Creek
Hamilton County Bridge #139
Alternate E
Bridge Reconstruction with Deck Replacement
and Concrete Railing Replacement
Bridge Widening with Sidewalk on Both Sides
Approach Grading Extends 350' South of Bridge
and 500' North of Bridge
I- Estimated Construction Cost
II. Professional Services
A..._Survey
B.. Design
C. Permit Applications
D. Intermittent Construction Inspection
E. Right-of-Way Engineering
Estimate 2 Parcels 0 $400 each
F. Right-of-Way Services
Market Estimate and Negotiation
Estimate 1 Parcel @ $1,600
Estimate 1 Parcel @ $2,400
G. Title Insurance
Estimate 2 Parcels 0 $375
H. Right-of-Way Staking
Estimate 2 Parcels @ $500
III. Cost of Land and Improvements
IV. Utility Relocation Cost
TOTAL
$408,000
2,500
39,200
2,000
8,500
800
750
1,000
28,000
0
$494,750
· City Carme'_
su~y 2, ~99s
Michael A. Howard, Esq.
694 Logan Street
P. O. Box 309
Noblesville, IN 46060
Mr. Howard:
On July 1, 1998, the Carmel Board of Public Works and Safety approved an agreement for
sharing costs with Hamilton County for construction of Bridge 139 for Gray Road over Cool
Creek. Included is the document signed by the board members.
Once the agreement is signed by the Hamilton County Board of Commissioners, please retum
the agreement to the Clerk Treasurer' s Office, Attention Rebecca Martin, One Civic Square,
Carmel, Indiana 46032.
If you have any questions, please contact the Clerk-Treasurer's Office at 571-2414.
Rebecca L. Martin
Deputy Clerk
cc~, Doug, engr
ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571-2400
I hereby certify that I am the keeper of, and that the following, consisting of 2 pages is a true and complete c py of the Right oftintry passed by the
Carmel Board of Pubhc Works on September 23 1998 W~tness my hand and official seal this 23'd day o er 1998
· ' . : . , . _ X rer, IAMC
Parcel: 2
Code:
:JI~OHT OF ~
(BAR~ :LAND ONLY)
WHEREA~, Han~lton Coun~:y of the S~_ate of Zndiana is contemplating
constr~ction work on Count. y ~ridge #139, wh&ch ,dill require acquisition of
right-of-way across certain Lands of the undersigned in Hamilton County,
Indiana ~
AND WHEREAS, it is desirable that such construction be commenced as
rapidly as possible, but that certain questions have arisen during the
negotiations between the Hamklton County and the undersigned which will
require additional consideration by both parties, and is desired =hat the said
questions be resolved before further negotiations are had, but tha~ it is
desirable that the constructLot of the bridge project known as Bridge #139 not
be delayed.
NOW THEREFORE, be it agreed by and between ~he undersigned and the
Hamilton County that for and in consideration of the temporary foregoing of
the exercise of the right of eminent domain by Hamilton County and the
benefits that ma~ be derived by both parties by an extended period in which to
resolve questions and contin'~e negotiations, that the undersigned does hereby
gran~ a right of entry on an.d across its lands affected by the above project
which are more particularly .described in a deed designating required right-of-
way referred to as parcel 2 and 3 which proposed deed and description are by
reference incorporated hereira and made a par~ hereof.
That this right of entry shall permit Hamilton County through its
employees, agents, and contractors to proceed with the construcZion of the
bridge and to do such acts tl~ereon as would be permitted, if the right-of-way
had actually been obtained. 'Tha~ ~he undersigned waives no right to make
claim for any damages or any acts which are outside the right-of-way limits
and which would normally be ~he basis for an act. ion for damages.
Neither par~y hereto waives any rights in the event negotiation fails and
it is necessary that ~he property be condemned.
CITY OF CARMEL
by and through its
Board ~of P~~~d Safety
..... ~~e, Member
Sta=e of I N D I A N A )
)
sen his hand and seal
Bil~~al~k~r,r'/~'Member
ATT~ / . ~
Diana Cordray, , erk-Treasurer
My Commission expires
My County of residence is ~'_J//~n ~ ~
Before me, a NoraEy Public in and for said County and S~ate personally
e . , .
Nonary P~lic (Sl~na=ur ~ :.~ '," ~ "'~'~ ~ ....
: ~- .< :
Nu=ary ~1~ ( Printed Name ). ~"' · ~ .... .' '
This instrument was prepared by BEAM, LONGEST AND NEFF, L.L.C.
I hereby certify that I am the keeper of, and that the foregoing, consisting of 2 pages, is a true and complete copy of the Right of Entry passed by the
Carreel Board of Public Works on September 23, 1998. Witness my hand and official seal this 2Yd day of ~.. , . . ....
Diana L Curdray CYnic IAMC