INDOT/Carmel/Trnsf Keystone Ave.
INDIANA DEPARTMENT OF TRANSPORTATION
Driving Indiana's Economic Growth
100'North SenaleAvenue
Room N758
Indianapolis, Indiana 46204-2216 (317) 232-5533 FAX: (317) 232-0238
Mitchell E. Daniels, Jr., Governor
Karl B. Browning, Commissioner
Via email lommcbridelaJcarmel.in. f!OV and Regular US Mail
October 25,2007
Michael McBride P.E., City Engineer
Carmel City Hall
One Civic Square
Carmel, Indiana 46032
Re: Notification of Transfer of Relinquished Road: S.R. 431
Dear Mr. McBride:
TlUs letter is official notification from lNDOT to the City of Carmel that, pursuant to the
Memorandum of Agreemcnt (MOA) effective Octobcr 5, 2007, the Relinquished Road (as described in
the MOA) is officially transferred according to the terms of the MOU. Please be advised that the
transfer of the Relinquished Road occurred at 6:00 p.m. on Friday, Octobcr 19,2007.
If you have any questions regarding this transfer, please feel free to contaet our office. Thank you Jor
your coopcration in this matter.
Sincerely,
Mark G. Ahcam,
Chicf Legal Counsel Dcputy Commissioner
cc: Anne Valentine, Governor's Oftice Liaison
Karl B. Browning, J]\.T])OT Commissioner
Brandye .Hendrickson, INDOT Grcenfield
Will Wingfield, lNDOT Greenfield
Gil Victs, INDOT Central Office
Mike Cline, INDOT Central Office
Joe Gustin, lNDOT Central Office
Andy Dietrick, INDOT Central Office
www.in.gov/dot/
An Equal Opportunity Employer
-It
MEMORANDUM OF AGREEMENT
For Transfer and Construction of S.R. 431
PREAMBLE
This Agreement is made and entered into by and between the Indiana Department of
Transportation (hereinafter referred to as "INDOT'), and City of Carmel, Indiana,
(hereinafter referred to as the "CITY") and jointly referred to as the "PARTIES" and is
effective as of the date signed by the Office of the Attorney General.
RECITALS
WHEREAS, INDOT currently incurs all the expense of all roadway, pavement, bridge and all .
other maintenance of State Road 43 I (hereinafter "S.R. 431") in the CITY including but not
limited to repair, reconstruction, inspection, snow ana ice removal and right of way
maintenance; and
WHEREAS, INDOT is planning major construction projects to improve vehicular traffic flow on
U.S. 31 between 161 SI Street and 96th Street and at the interchanges of 1-465 and S.R. 431 and
1-465 and U.S. 31 respectively, (hereinafter "Other Projects") which will impact the
vehicular traffic on S.R. 431; and
WHEREAS, rNDOT has determined that S.R. 431 from the 96th Street intersection north to
approximately U.S. 31 in the CITY will no longer be required to service INDOT's.regional
transportation mobility needs in the state highway system, but will continue to serve a useful
purpose and as such, INDOT agrees to forego its own scheduled improvements to S.R. 431
and agrees to transfer portions of S.R. 431 (hereinafter the "Relinquished Road") (as
described in Attachment A, which is' herein attached and incorporated by reference) to the
CITY and to participate in funding of improvements to S.R. 431 according to the terms of
this Agreement; and
WHEREAS, INDOT and the CITY desire to improve S.R. 431 and expedite pre-construction
development and construction of improvements to portions of S.R. 431 to ease congestion in all
directions, increase safety, and facilitate traffic flow (hereinafter the "Project") (as described in
Attachment B, which is herein attached and.incorporated by reference); and
WHEREAS, the CITY deSires to accept the Relinquished Road and be responsible for all
roadway, pavement, bridge and other maintenance and roadway and storm water drainage
and all operations of the Relinquished Road in perpetuity; and
WHEREAS, the PARTIES agree to cooperate so that the improvements to S.R. 431 are
accomplished in a manneraccommodating additional traffic that will divert to S.R. 43 I .from
the Other Projects; and
WHEREAS, I.C. 8'23-4-10 and r.c. 8-23-4-12 authorize INDOT and the CITY to execute this
Agreement,
SPECIFIC PROVISIOl'IS
NOW TH EREF()RE , inco,n~igeration oLthe Premises and thelmi\1Jally depengenLcovenants
herein contained, the Parties hereto ,agree as follows:
L City Responsible for ProiectandRelillQuished Road', Su15jecf to the tenns ofthis,-Agreement",
tne CI!y agrees to b.e'solely responsible for': (A) }II} design, rjght ofw~y acquisition, iltihty
relocation and clearance" pennits, compliance with all pennits and all environmental and
la:.v~aJld reguhiti;:ms, pfocur~ent; con~lr\1<<tion,.,contract'negotiation, letting and any and. all
other matters related to the RelinquisheSI Road and Project; {B)al}y and all expenses in any
manner relates! to' the 'Kelinquishe'd Road and' the Project; and (d) all' future maintenance,
operations, reconstruction and Ti~pair of the Re.linquish'edRoad and:all"itS:,right of way and
bridges. -
2, DesilffiSlandards: lmprovements..describedin Attaclunent.Bshall be designed,in accordanc.e
with Americail Associatjonof State Highway Transportatior Officials (AASHTO) design
practices and', other industry standards including"but not,limited to the'M8T!l1,al on Uniform
Traffic Control Dcvic.es; the In:diajja:D~partment:ofTransportatiOi1 (INDeT) Design Manual;
and the City o(Carmel Standards for Street Design,
3, Coooeration/Other Proiects/Contracts, (A) The Parties \lgree the CITY may restrict
vehicular'traffic as it chooses',on thc Refinquished:Road'provided,however, the Relinquished
Road shall be opel1 to aLl vehictjladraffic (inCluding\vitl1,Ollt lilriitatiol1 trUcks,'h~a\iY vehicles
and all other traffic) diverted during construction of the Other Projects,. such dates to be
detennined by INDOT.(B) 111e CIT;{agrees ~o ,con~truct the,Project (including, but not
limited to pavement Cjuality and;thicknes~, lane width, and c1earances,ullder, allro.undabouts,
bridges and oth",r ,suchsJTlJcture~) slich that all vehicular traffic (as described in 3(A))
diverted'from the Otherl'rojects can travelfreelyon th<;,Relinquished.Road,. (C) The. Parties
agree \hat.lN.DOT shalljil no way be liab\e"or responsible for any costs; damage, wear and
tear, diminished ljfe, deterioration, or any other loss to Ihe'Relif1q{,ish~d Road5nanymanner
related to ,vehicUlar traffl'c diverted because of the Other' Projects or conditions' on any
INDOT road,highway or light of:way; (D) Th~ CITY,agr~'es to:scquenc~ ahd construct its
Project according the terms of AttachmentC (which is herein attached an4 'incorporated by
refer.once). (El The Partie,S further agre<;,toform aii~ participate in a c60rdinatingeommittee
(the,"Committee) to review. and coordinateali plans and schedules p~rtainipg:to,:the Project
a.nd the Other ,Projects. ]jutil such time as a1!Y Party notifies tlfe otherofachange"tn its
contact'person for, the pUTposes,of" the'Committee,'therespective coniacts sha.ll,b~: .
F,orINI?OT:, GregKicinski, TNDO:r, j DON: Senate Avenue, Indianapolis; Indiana 46204,
Telephone,number: 317'234-'1543. Emailadqress: gkicmskl(aJ.iftdotin.g6v.
For ijJeGITY: Mike McBride, City Engineer, City OfCarme].[ndiana, OneCivic,Squan:,
Carmel, IN; 46032, Telepnone:OJ7),571-244J; Email Addnissi MMcBnde@canneUn.gov.
4, Pavrnent. provided the Cn:Yis' not in IT!.aterfal breach of this Agreement and further
provided the ,Project has not become materiallydelaye{or b.een abandoned, rNDOT agrees
. ..,., ',,",,, ..'. .,
to m!J.ke payment to the CITY according'to the followingscnedule:. (A) FIFTY MILLION
DOLL,b"RS ($50,0.00,0'00:00) within FIFTEEN (15) business dI!Y11,after thtj C';ITY's submittal
-of an invoice to INDOT, provided this Agreement is fully executcdby all' enti'ties on the
signature page prioi to' sUbnlirtal-of'tlie invoice; and (I3)TWENTY MILLION DOLLARS
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($20,000,000.00) in 2009 and (C) TWENTY MILLION DOLLARS ($20,000,000.00) in
2010, such 2009 and 2010 payments to be made in each respective year, within FIFTEEN
(15) business days after the CITY's submittal of an invoice to INDOT, but no earlier than
February is of each respective year.
5. Use of FundslRestrictions. The Parties agree that any payment (and any interest or other
revenue derived therefrom) made pursuant to this Agreement shall be used solely and
exclusively for the Project (as described herein) and for any improvements to connecting or
local roads and intersections only to accommodate vehicular traffic load and diversion
attributable to construction of the Project. Further, the CITY agrees it will not transfer, pledge,
assign, use as collateral, borrow against or otherwise risk or encumber any funds made as
payment (including interest or other revenue earned therefrom) from INDOT to the CITY for
the Project and Relinquished Road.
6. Comoliance with Laws. In addition to the General Provisions noted below in Section 4 and for
clarity, the Parties agree that, subject to the terms of this Agreement and any applicable Federal
or State laws or any applicable U.S. Department of Transportation, U. S. Federal Highway
Administration, or other applicable Federal or State regulations or policies (including but not
limited to control of limited access right of ways, heavy vehicle (truck) traffic and emergency
access), upon transfer of the Relinquished Road the CITY will have full responsibility for the
operation, maintenance and liability of the Relinquished Road and INDOT will have no such
duties, obligations or responsibilities. To avoid confusion, the Parties agree that INDOT will
retain control over any breaks in the limited access right of way lines, but agrees in good faith to
work with both the CITY and the Federal Highway Administration with respect to any request
to break the limited access right of way line.
7. Effective Date of TransferlPuroose/Other Terms. The Parties agree the transfer of the
Relinquished Road from INDOT to the CITY shall be effective at 6:00 pm on the date INDOT
makes the FIFTY MILLION DOLLAR ($50,000,000.00) payment to the CITY referenced in
Section 4(A). The Parties further agree that the transfer described herein shall be in perpetuity.
For clarity and to avoid any misunderstanding, and except ,as provided in this Agreement, the
purpose of the transfer of the Relinquished Road is to transfer full responsibility for all
operation, maintenance, repair, construction and liability in any manner associated with the
Relinquished Road from INDOT to the CITY. INDOT agrees to deliver to the CITY, within
Forty Five (45) days of the execution of this Agreement, all records and documents in INDOT's
possession or under INDOT's control, either as originals or copies, describing or in any manner
relating to the Relinquished Road or any element thereof, necessary or desirable for the CITY to
design and construct the Project and necessary or desirable for the CITY's continued ownership
and maintenance of the Relinquished Road as pro.vided in this Agreement.
8. Snow Removal. INDOT recognizes and agrees the CITY may not be able to obtain sufficient
snow removal equipment or enter into snow removal contracts for the Relinquished Road in a
timely or economical manner after the date of relinquishment described in Section 7, above.
Therefore, INDOT agrees, if requested by the CITY, to remove snow and ice and apply
chemicals to the Relinquished Road, according to the procedures and schedules INDOT would
have utilized had the Relinquished Road not have been transferred to the CITY, through May of
2008. The CITY agrees to reimburse INDOT for all snow removal and treatment costs actually
incurred by INDOT under this Section 8. The Parties agree fNDOT will calculate the actual
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cost of the snow removal provided to the CITY under this Section 8 and reduce the 2009
paymenUo the CITY (described in Section 4B, above) by the amount so calculated, as the
method of reimbursement.
9. The Preamble and Recitals recorded above are incorporated into this Agreement.
GENERAL PROVISIONS
I. Access to'Records. The CITY sha11 maintain a11 books, documents, papers, correspondence,
accounting records and other evidence pertaining to the Project, payments and cost incurred
under this Agreement, and shall make such materials available at its respective offices at all
reasonable times during the period of this Agreement and for five (5) years from' the date of
final payment under the terms of this Agreement, for inspection or audit by eNDOT, or its
authorized representative, and copies thereof shall be fumished. free of charge, if requested by
INDOT.
2. Audit. The CITY acknowledges that it may be required to submit to an 'audit of funds paid
through this Agreement. Any such audit sha11 be conducted in accordance with IC 5-11-1, et.
seq. and audit guidelines specified by the State and/or in accordance with audit requirements
specified elsewhere in this Agreement.
3. Authoritv to Bind CITY. The signatory for the CITY warrants that he/she has the necessary
authority to enter into this Agreement. The signatory for the CITY represents that he/she has
been duly authorized to execute this Agreement on behalf of the CITY, arid has obtained,a11
necessary or applicable approval to make this Agreement fu11y binding upon the CITY when
hislher signature is affixed and accepted by rNDOT.
4. Comoliance with Laws (A) The CITY shall comply with a11 applicable federal, state and
local laws, rules, regulations and ordinances, and a11 provisions required thereby to be
ineluded herein are hereby incorporated by reference. The enactment of any state or federal
statute, or the promulgation of regulations thereunder, after execution ofthis Agreement sha11
be reviewed by lNDOT and the CITY to determine whether formal modifications are
required to the provisions of this Agreement. (B) The CITY and its agentssha11 abideby a11
ethical requirements that apply to persons who have a business relationship with the State, as
set forth in Indiana Code S 4-2-6, et seq., Indiana Code S 4-2-7, et. seq., the regulations
promulgated thereunder, and Executive Order 05-12, dated January 12, 2005. 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 Indiana State Ethics Commission website at
<<http://www.in.gov/ethics/>>>. If the CITY or its agents violate any applicable ethical
standards, the State may, at its sole discretion, terminate this Agreement immediately upon
notice to the CITY. In addition, the CITY may be subjcctto penalties under Indiana Code SS
4-2-6 and 4-2-7, and under any other applicable state or federal laws. (C) The CITY
certifies by entering into this Agreement, that neither it nor its principal(s) are presently in
arrears in payment of its taxes, permit fees or other statutory, regulatory or judieia11y required
payments to the State of Indiana. Further, the CITY agrecs that any payments in arrears and
currently due to the State of Indiana may be withheld from payments due to the CITY.
Additionally, further work or payments may be withheld, delayed, or denied' and/or this
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Agreement suspended until the CITY becomes current in its payments and has submitted
proof of such payment to INOOT. (0) The CITY warrants that it has no current or
outstanding criminal, civil, or enforcement actions initiated by the State of Indiana pending,
and agrees that it will immediately notify INDOT of any such actions. (E) If a valid dispute
exists as to the CITY'S liability or guilt in any action initiated by the State of Indiana or its
agencies, and INOOT decides to delay, withhold, or deny work to the CITY, the CITY may
request that it be allowed to continue, or receive work, without delay. The CITY must
submit, in writing, a request forreview toIN'OOT. A determination by the INOOT shall be
final and binding on the parties and not subject.to administrative review. Any payments that
the INOOT may delay, withhold, deny, or apply under this section shall not be subject to
penalty or interest under IC 5-17-5. (F) The CITY represents and warrants that the CITY
shall obtain and maintain all required permits, licenses, registrations and approvals, as well as
comply with all heallh, safety, and environmental statutes, rules, or regulations in the
performance of work on the Project. Failure to do so may be dccmed a material breach of
this Agreement.
5. Drug-Free Workplace Certification. The CITY hereby covenants and agrees to make a good
faith effort to provide and maintain a drug-frec workplace, and that it will give written notice to
the INOOT and the. Indiana Department of Administration within ten (10) days after receiving
actual notice that an employee of the CITY in the State of Indiana has been convicted of a
criminal drug violation occurring in the CITY'S workplace. False certification or violation of
the certification may result in sanctions including, but'not limited to, suspension of.Agrecment
payments, termination of the Agreement and/or debarment of contracting opportunities with
the State of Indiana for up to three (3) years.
In addition to the provisions of the above paragraphs, if the total Agreement amount set forth
in this Agreement is in excess of $25,000.00, the .CITY hereby further agrees that this
Agreement is expressly subject to the terms, conditions and representations of the following
certification:
This certification is required by Executive Order No. 90-5, April 12, 1990, issued by the
Governor of Indiana. Pursuant to its delegated authority, the Indiana Department of
Administration is requiring the inclusion of this certification in all Agreements ""ith and
grants from the State of Indiana in excess of $25,000.00. No award of an Agreement shall be
made, and no Agreement, purchase order or agreement, the total amount of which exceeds
$25,000.00, shall be valid, unless and until this certification has been fully executed by the.
CITY and made apart of the Agreement as part of the Agreement documents.
The CITY certifies.and a crees that it will provide a drug-free workplace bv:
(A) Publishing and providing to all of its employees a statement notifying their employees that
the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is
prohibited in the CITY ' 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
5
conviction; (D) 'NotifYing in writing theState""vithlnten (1 oj daysafteHece'iving'notice'from .an
employee under subdivision (c)(2) abov(;:; or otherWise receiving actual nOtice. of sUch
conviction; (I',)Withinthirty (30) days.atterreceiving notice under. subdiVision (c)(2) above ofa
conviction, imposing the following sanctlonsor remedial measUres on ani employee who is
convicted of drug alJUse violations occurrir;g ih the worlcplace: (1) take appropriate personm:1
action againsttlieemployee, up to. and including, termination; or (2) require , such et]1jlloyeeto
satisfactorily participate ill a dru,g ab\lSe ~~sist;mce orrehapilitation'p.rogram approved for,such
purposes:by;a federal, State. or l.ocal. health! [awenforcement, orothepapproptiate~gency;.'and
(F)Making'a goo~ faith:'effoti1omaii1!ain a drlig;fre'e.w6rkplace throu@ the. implellJ~htation.of
subparagraphs (a) through ,(e) above.
6. Force Majeure. 111 theeventthat either party IS unable to: perform any ofits 6bligati9ns under
this Agreement or to enjoy any of its bel1entsbecauSe of natural dIsaster or decrees of
govenunental' bodies no,t the fault of the ,affected P!lrty (hereinafter referred to. as a Force
Majeure Event), the party who has. been so affected.shaIl;immediatelygive,n'otice to the other
party'andshall:oo.everytJii,!g,possibleto re~m'e performance:Up<m receipt of such. notice, all
paym~tobltgations under this A~eementishallbe:immediaiely suspended.
7. Fundin~.Cancenation' Clause. When ,the Directorof>the Orfjce ofManageTI1.ent and Budget
makes a written determination that funds are nOkappropriated or oth'eiwise 'available.'to
support continuation of the performance of this Agreement, this Agreement shalL be
canceled. A determination DY either Budget DirectoLthat., funds are not appropriated or
otherwisc availabl"Ho support continuation,ofperformance shallb~ final;and conclusive:
8. Governing Laws: This Agreel11eilfisna]lb'e constru.ed in.l!~cordiince with~Dd governed by
the laws of the State'ofIndiana and the suit, ifany,..must bc'brought in the'State of Indiana.
9. lndenmification. The CITY agre~ to indemnify, Mfen(\, exculpate, and hold harmless the
State' onndian~, INDOT,and their officials and employees frornanx liability due to loss,
damage, injuries, .or other'cfl~salities of whatever kind, or by whosoever cllused,tothe pe~on
or property of anyonc on'or offille Project arising'out of, or resuJtingfrom,the,work'covered by
this Agreement or the work connectedth<;l1'ewith" or"frpm .the il}s!allation, ~J{i,stence; use,
maintenance; condition, 'repairs; .alteration or 'removal ,of any equipment Of material, to the
extent, Of negligence of the CITY:, iridudinganyclail11sarisingout '!he W oiker'~ COmpensation
Actor any other'law"ordinance;order. or decree. The CITY agrees to pay all. reasonable
expenses and attomey:s fees incurred' by or imposed on'the State and INDOT ill connection
herewith.jn'the event that the CITY s11a11 defaultunder the,proyisionsoftliis~Secti9n.
10. Non-Discrimination: (A) j'ursuailt to I,C. 22.9-1-10 and the Civil Rights Act of 1964, the
CITY, shall not discriminate . againsiany employee orappficarit for employment" to be
employedill,the.perfonmmce of work ullqei- this;Agre~ellt, wi\h respect. to rufe, teril.lre,tenns,
conditions or privileges of employment or any maiterdirectly or indir..,ctly related to
employment, because"ofrace, cblor, religion. ,sex; disability, nationaLorigin, ancestry or'Status.
as a veteran. Breach of this covenant may be. regarded as a materi,albreach .6fthis: Agree'!1el1t.
ACCePtance of this Agreement also signifies compliance with applicable federal laws,
regulations, and executiv~'()fders prohibiting discrirriirlation in the provisiol1 ofseryices based
on.. race, color, national ori'gin,age., sex, disability or status as a.' veteran; CEl) The. CITY
understands' that lNDOT is:a recipilint of federal funds., Prit~uai)t to th!,! underStandin!:, the
6
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 complywith the
affirmative action reporting requirements of 41 CFR 60-1.7. The CITY shall .comply with
Section 202 of executive order 1'1246, as amended, 41 CFR 60-250, and 41 CFR 60-741, as
amended, which are incorporated herein by speci fie reference. Breach of this covenant may be
regarded as a material breach of Agreement.
II. Notice to Parties. Whenever any notice, statement or other communication is required under
this Agreement, it shall be sent to the addresses, unless otherwise specifically advised, listed
above in Section 3 of the Specific Provisions
12. Payment. All payments made pursuant to this Agreement shall be make in conformance with
State fiscal poliCies and procedures and, as required by IC 4-13-2-14,8, by electronic funds
transfer to the financial institution designated by the CITY in writing unless a 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.
13. Penalties. Interest and Attorncv'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, \. C. 34-54-8, and \. C.
34-13-1.
14. Severabilitv. 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.
15. Miscellaneous. This Agreement represents the entire understanding between the PARTIES
relating to the subject matter, and supersedes any and all prior oral and/or written
communications, understandings or agreements relating to the subject matter. Any
amendment or modification to this Agreement must be in writing, reference this Section 15
and be signed by duly authorized representatives ofthe PARTIES. Neither this Agreement
nor any portions. of it may be assigned, licensed or otherwise transferred by the CITY without
the prior written consent of INDOT. Failure of either PARTY to enforce any provision of
this Agreement will not constitute or be construed as a waiver of such provision or of the
right to enforce such provision. The headings are inserted for convenience only and do not
constitute part of this Agreement.
[The Remainder of This Page is Intentionally Blank]
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10/11/2007 20:22
31.72342253
PAQD
PAGE 01
Non-CoUusion
The undersigned attests, subject to the penalties fur perjury, that helsbe is the properly authorized
representative, agent, member or officer of the CITY, that 'helshe bas not, nor has any other member,
employee, representative, agent or officer of the CITY, directly or indirectly, to the best of his/her
knOWledge, entered into or offered to enter into any combination, collusion or agreement to receive or pay.
and that he/she has not received or paid, any sum of money or other consideration for the execution of this
Agr"ement other than that which appears upon the face of this Agreement.
In Witness Whereof, CITY and the State of Indiana have, through duly authorized representatives. entered
into this Agreement. The parties having read and understand the forgOing terms of this Agreement do by
their respective signatures dated below bereby agree to the terms thereof.
CITYOFCARMEL
ST~~DI
Offive-:'
~~;> ~~
&!ayorJames Brainard
p~3/dOOl
Date
Christopher A. Ruhl, Director. Director
Date: /o/J/"-;
( 6/>tk,
STATE OF INDIANA
Indiana Department of Transportation
Date:
Executed By:
~ to Form and ~ity:
~. ~\.L
Steve Carter
Attorney General of Indiana
(FOR)
Date Approved:
IC-S-cry
Karl ,Browning, Commission
Indiana Department of Trans porta 'on
Date:
'Ohi?
(
8
Attachment A
The'Relhiquished Road is d~~cribedasf6116ws:
That'contiriuous'sectioll ofS.R.:43.1 of which the soutliern temiiriusis.the southern boundary of
96th Streeiin Hamilton County, f;diana and 'i!let1orth~';tenninus is approximately THIRTY
FOUR HUNDRED o;jOO) feetriorthcif:l}6'b'Stree.t in Hamiltoll. County" Indiana. .
9
;.. .
AttachmentB.
The following is anarrativerdescripiion'of.the substantial and materialelementsofthe'Project:
96thSfreet(short te.rm) - S.R. 43.1 to'be ~mpro,-:ed similar to INDOT'sJOlmerly proposed SR
431 project). Six through lanes (31"'B, :, SB ) and adClitionaiturrtlanes will beprovided.ori
Keystone. . . .
98'h Street -pxisting'sigpal to be remo,,:<;d.and at-graclc:iriters.ection)o be. reduced 'to a right
in/riglitout only intersection.
98~'Street -106.'. Str~et; Lane Dr()p 011 S.,R.-431 n:om6 ihrough.1anes (3 NB,.3SB) .to 4
ihniugh'lanes (2NB, 2SB). .
.106,h Street -l'LR. 431.to.be lowered.toprovide,grade separation. Four through lanes (2NB,2
S8) will b.e provided.
116'10 Street/Carmel Drive ~ S.R. 431 to betoy.;et~il to prpvide gr~dcseRaqiti6n. Complex
interchange configuration and four through lanes{2NB;2.SB)'will be provided onS.R. 431.
126'h~tr.eet -S'.R.. 43 r to be 10weredJo 'provide gradejseparation. .Four through lanes.(2.NB, 2
S8) will be provided on S.RA3!.
131"'Street- S.R. 431 to be 10wered.to'provide..gradeseparalion. Foucthroughlanes(2 NB, 2
SB) will be provided on S .R. 431.
136th Street ~ S.R. 431.ahd 13(>" 10 begrade:sepat;.ted, Fo'u(through1ifles'(2 NB, -2;SB) "!.i11'be
provided on S.R. 43.1.
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. ".. .
Attachment C
Description of Construction Phasing for the City of Carmel's Proposed
Keystone Improvements:
Phase 1- 2007 Design & Right of Way (B~ginning 10/1/2007): This Phase will initiate the
survey and traffic data collection and analysis, as well as full engineering design of the
propose Keystone Improvements. It will also bethe start of the right of way acquisition
and utility coordination processes. Engineering Design/Construction Drawing
Development, Right of Way Acquisition, and Utility Coordination will be a continuous
throughout the remaining Phases of the Keystone Improvement Project and will be
accomplished in priority order in an effort to rleliverthe elements described in later
phases in the timeframes desired.
Phase II - 2008 Construction Season (Beginning 4/1/2008): Phase Il.will include the
construction of the 106'h Street Interchange and the 1261h Street Interchange. This
Phase would also include the construction of the Interim 96'h Street Improvements
anticipated to be similar to improvements proposed by the INDOT's SR 431 Added
Travel Lanes Project. The Phase II also includes the reconfiguration of the Keystone
tfavellanes between 961h St. and 10iltl. St. as well as the removal of the 981h Street
traffic signal converting the 98th St. approaches to "right-inlright-out" only access. The
Keystone lanereconfiguration between 96'h. & 106'h Streets would include at least six
(6) travel lanes (3 NB, 3 SB) between 96'h & 981h Streets then transitioning to four (4)
travcl lanes (2 NB, 2 SB) betweim 98'h & 1061h Stre,ets.
Phase III - 2009 Construction Season (Beginning 4/112009):Phase.l!I will include the
construction of the 1161h St and Carolel Drive Interchanges.
Phase IV - 2010 Construction Season (Beginning 4/112010): Phase IV will include the
construction of the 1361h Street Interchange, the construction of the 131" Street
Interchange, as well as allow for the completion of the work started but not completed
within earlier Phases.
Project Completion - Completion of the Project shall occur prior to the start ofthelNDOT's
Other Projects. The completion date necessary to accommodate the Other Projects
shall be regularly evaluated through the Committee as described in the body of this
agreement.
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