126th/US 31 - State of Indianai
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AGREEMEN 4"
TO PROVIDE FOR ACCESS TO US. 31 ON 126TH STREET AT CARMEL
THIS AGREEMENT made and entered into this �✓2
�r day 1985; by
and between the State of Indiana, acting through the Indiana Department of Highways,
hereinafter referred to as the "IDOH and the City of Carmel, acting through the Board
of Public Works and Safety, hereinafter referred to as the "CITY
WITNESSETH
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WHEREAS, the "IDOH" has been petitioned by the "CITY" to grant access to
US. 31 at a projection of 126th Street in the Hamilton County within the corporate
limits of Carmel, and
WHEREAS, the "IDOH in accordance with IC 8- 11 -1 -7, desires to cooperate with
local agencies in well planned endeavors to provide highway facilities for areas where
economic development can be enhanced, and
WHEREAS, the "CITY" has documented a plan and secured the approval of the
Indianapolis Metropolitan Development Commission to include 126th Street at U.S. 31
into the current Indianapolis Regional Thoroughfare Plan, and
WHEREAS, the "IDOH" has secured approval from the Federal Highway
Administration to allow access to US. 31 at this point, and
WHEREAS, support has been expressed for stimulating development in the area by
the Indiana Department of Commerce and,
WHEREAS, it is desirable to prepare for the ever increasing traffic volume in this
area by making provisions for future grade separations and an interchange to preserve
the freeway character of U.S. 31 and at the same time serve the needs of local traffic,
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NOW THEREFORE, the parties hereto agree as follows:
The "IDOH" does hereby grant access to US. 31 at 126th Street subject to the
following provisions:
1. The "CITY" shall develop, or cause to be developed, Plans and Specifications for
an intersection at this point. The Plans and Specifications shall be approved by
the "IDOH" prior to award of contract for construction. The plans shall show
proposed signals for the intersection, existing and proposed utilities, and
drainage structures. Any field revisions to the plans must be approved by the
"IDOH" before implementation. The original plans (linens, wash off, mylar,
etc.) and specifications, including any revisions, shall become the property of
the "IDOH" upon the completion of the 126th Street intersection. All plans
shall be delivered to the Division of Traffic, Room 1017, State Office Building,
100 North Senate Avenue, Indianapolis, Indiana.
2. The "IDOH" shall install and pay for any above ground signal work warranted for
the intersection. All other construction, including signal foundations and
conduits required for future signalization of the intersection, shall be performed
and installed at no cost to the "IDOH" according to the approved plans.
3. The "CITY" and the "IDOH" shall make a joint inspection of the construction
site during the design phase of the project.
4. Construction shall be in accordance with Plans and Specifications as approved
by the "IDOH" and in accord with the 1985 Standard Specifications and any
subsequent revisions, as well as, all rules and regulations of the "IDOH
including the Indiana Manual on Uniform Traffic Control Devices. All
construction activities shall be coordinated with the Greenfield District
Engineer of the "IDOH" for traffic control and inspection purposes.
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5. The contract shall include provisions for the closing of the median cross -over on
US. 31 at Meridian Street thereby restricting movement at that intersection to
right turns only. Plans for closing this median cross -over shall be included in
the plans for the 126th Street intersection. The closing of the Meridian Street
cross -over shall be concurrent with the opening of the 126th Street intersection.
6. The "CITY" shall make provisions for Penn Road between 111th Street and 131st
Street to serve as a frontage road east of U.S. 31, connecting at an intersection
on 126th Street.
7. Because future traffic considerations may warrant an extended diamond
interchange with grade separations at the 126th and 131th Street intersections,
the "CITY" shall make provisions to have sufficient rights -of -way dedicated for
the purpose of construction of the grade separations at these locations.
8. All maintenance costs for the proposed intersecting roadway shall be the
responsibility of the "CITY" except within existing "IDOH" right -of -way.
9. Pursuant to I.C. 22- 9 -1 -10 the "CITY" and its sub contractors, if any, shall not
discriminate against any employee or applicant for employment to be employed
in the performance of work under this agreement, with respect to hire, tenure,
terms conditions or privileges of employment, because of race, color, religion,
sex, handicap, national origin or ancestry. Breach of this covenant may be
regarded as a material breach of the agreement.
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THIS AGREEMENT shall be binding upon the parties hereto and their successors or
assigns.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be
executed by their proper officers, thereunto duly authorized.
10. The "CITY" agrees to indemnify, defend, exculpate, and hold harmless the
"IDOH" its officials and employees from any liability due to loss, damage,
injuries, or other casualties of whatever kind, or by whomsoever caused, to the
person or property of anyone on or off the right -of -way arising out of or
resulting from the work covered by this agreement or the work connected
therewith, or from the installation, existence, use, maintenance, condition,
repairs, alteration, or removal of any equipment or material, whether due in
whole or in part to the negligent acts or omissions (A) of the "IDOH its
officials, agents, or employees; or (B) of the "CITY its agents or employees,
or other persons engaged in the performance of the work; or (C) the joint
negligence of any of them; including any claims arising out of the Workmen's
Compensation Act or any other law, ordinance, order, or decree. The "CITY"
agrees to pay all reasonable expenses and attorneys fees incurred by or imposed
on the "IDOH" in connection herewith in the event that the "CITY" shall default
under the provisions of this section.
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CITY OF CARVEL
BOARD CF PtBLIC VCRKS SAFETY
Approved
0
BY
Fred Swift,
BY
er
Bi11y L. Walker, Member
A EST
Dorothy J. aficock
Clerk- Treasurer
n P. Isenbarger
1rector
ATTEST:
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BY
Daniel A. Novreske
Chief Deputy Director
STATE OF INDIANA
INDIANA DEPART/VENT OF HICK YS
Reccnn for Approval:
APPROVED AS TO LEGALITY AND FORM
BYE (FCR
inley Pearson
Attorney General