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HomeMy WebLinkAboutarea beyond I-65 right of way JEFFERSONVILLE WATERFRONT AREA ACCESS AGREEMENT Ohio River Bridge — Downtown Crossing: Area beyond the I -65 Right of Way This ACCESS AGRE ENT for usage of a portion of the Jeffersonville, Indiana waterfront made and entered into as of t,),,, ` , 2013, by and between the City of Jeffersonville, Indiana ( "Jeffersonville ") and Walsh Construction Company, d.b.a as Walsh Construction Design Build Team, ( "WDBT "). I. Description: WDBT provides this agreement to utilize a portion of the Jeffersonville Greenbelt Park located east of the existing and proposed Interstate 65 (I -65) Right of Way (ROW), Parcel 39. This area will be utilized for access for the construction of the new Ohio River Bridge Downtown Crossing and Indiana approach structures, and rehabilitation of the existing JFK bridge. II. Location: The area included within this agreement is located adjacent and contiguous to the east side of the Indiana Department of Transportation's (INDOT) right of way (ROW) for the existing John F. Kennedy (JFK) Bridge and the planned I -65 North Bound (NB) Ohio River Bridge Downtown Crossing, for a distance of approximately 260 feet eastward and from the south curb line of Riverside Drive to southern edge of the same Jeffersonville Department of Redevelopment property in Jeffersonville, Indiana. As shown in the "Attachment A" drawing, this area will be referred to as the "premise ": III. Proposal: WDBT proposes to utilize the premise for access to the bridge ROW to mobilize equipment, materials and personnel for construction of the bridges and approach structures including access to water for marine operations. The WDBT will utilize the site for a portion of the project duration as described in this agreement and will not unreasonably adversely affect the property beyond what is described within this agreement. Access to the site will be gained from Riverside Drive, as shown in "Attachment A." WDBT describes the duration, work plan, proposed removals, maintenance, and restoration in the following sections. The site will be restored, as mutually agreed, to its current condition. In addition to meeting the needs and objectives of the WDBT and Jeffersonville, this agreement has been developed to address the requirements of Section (4f) of the 1966 DOT Act for a temporary use as codified in 23CFR774.13(d). IV. Work Plan & Schedule: a. Mobilization: WDBT will mobilize the premise on or about June 1, 2013 to commence preparing the premise to construct an access ramp from Riverside Drive to the waterfront adjacent to the proposed bridge ROW. b. During 2013: Work includes installation of aggregate access ramp, erosion control, installation of aggregate causeway for river access, temporary fencing, accessing the riverfront for construction within the Ohio River, and installing bridge foundations within ROW area. c. 2014: Access for Main Cable Stayed Bridge construction and construction of approach bridge substructure and superstructure for North Bound I -65. d. 2015: Access for Installation of Main Cable Stayed Bridge Structure construction and removal of causeway aggregate. e. 2016: Access for removal and replacement of the existing JFK bridge approach spans within the park, access to the removal and replacement of the JFK truss bridge deck, and restoration of the premise. V. Coordination a. Jeffersonville Liaison: Jeffersonville will provide a liaison to act as single point of contact that will have the ability to coordinate and provide decisions regarding matters occurring within the premise. b. WDBT will provide contact information for site supervision and management who will be the liaison for coordination VI. Removals: WDBT will remove and/ or protect the following items within the boundaries of the premise. a. Existing accessories including benches and appurtenances. The WDBT will place these items in a secure storage area provided by Jeffersonville. b. Existing Light poles and electrical infrastructure. The WDBT will place all removed electrical items in a secure storage area provided by Jeffersonville. The WDBT will protect remaining electrical infrastructure c. Existing Landscaping i. Documentation: The existing landscaping will be documented for future replacement. ii. Replacement: WDBT will replace, in kind, the demolished or displaced landscaping, hard - scaping, and improvements existing in place at the time of WDBTs mobilization d. Existing Shore Protection i. WDBT will remove and replace the existing shoreline protection to an equal or better condition in the areas disturbed. e. Utilities: i. WDBT will locate and protect all known utilities within the boundaries of this agreement. Upon completion, the utilities will be restored or repaired. ii. Jeffersonville will assist in locating utilities within the premise. VII. Maintenance & Utilization a. Fence and Erosion control: i. WDBT will install a temporary six foot chain link fence along the boundary lines of the premise as shown on the attached drawing or as approved by both parties. The WDBT will install site screen on the fence, as needed to obscure the view of the site. ii. WDBT will install silt fence, runoff ditch checks, and other erosion control device as needed to maintain and protect the premise per the WDBT/ KYTC LSIORB Downtown Crossing contract Storm Water and Pollution Protection Plan (SWPPP), IDEM Rule 5 Permit and the IDNR. b. House Keeping i. WDBT will maintain the premise area in an orderly fashion. ii. WDBT will maintain all fences and erosion control surrounding the premise. iii. WDBT will maintain dust control and debris on the premise and Riverside Drive resulting from the WDBTs work. c. Parking i. WDBT will restrict its employees from parking on Riverside Drive or the adjoining streets, unless allowed by the City of Jeffersonville. Original 5/31/2013 Page 2 of 4 I d. Public Access and Coordination. i. During the term of this agreement, WDBT will maintain access for public vehicular and pedestrian along Riverside Drive (with some temporary closures to ensure public safety). Due to safety concerns, no public access will be allowed through the premise. The Greenbelt Park path will be redirected to Riverside Drive VIII. Restoration a. Grading: i. The WDBT will restore the ground disturbed within the premise to original lines and grades. ii. The WDBT will cross section the existing park to determine the existing topography for restoration purposes. iii. The WDBT will photograph the premise prior to disturbing the site. b. Turf i. The WDBT will seed and establish turf areas in the premise per the current appearance after completion of the work. c. Trees and Shrubs i. The DBT will coordinate with Jeffersonville to determine the appropriate restoration of trees and shrubs ii. The WDBT will replace trees and shrubs in the quantity currently established at the site, in calipers between 3 and 4 inches. d. Hardscaping & Accessories i. The WDBT will replace the walks, paths per the current location. All walks and paths will be replaced with the same quality, density and grade as the existing walks and paths. ii. The WDBT will reinstall accessories removed and stored. e. Lighting i. The WDBT will restore the electrical lighting to its current condition. f. Existing Shore Protection i. The WDBT will restore the existing shore protection system to its current condition. g. Utilities i. The WDBT will protect and restore existing utilities to the current condition. IX. Insurance a. Within (30) days from the date of execution of this Agreement, WDBT shall secure for the Premises an appropriate amount of public liability insurance coverage from a reputable and responsible company or companies doing business in Indiana naming the Lessor an additional insured. b. The WDBT shall maintain such coverage during the entire term of this Agreement. X. Waiver of Subrogation a. Neither the WDBT, nor the Jeffersonville shall be liable to the other or anyone claiming through or under them by way of subrogation or otherwise for injury to, or death of, persons occurring on the Premises, or for loss or damage to property Original 5 /31/2013 Page 3 of 4 • 1 + 1 occurring on the Premises caused by fire or any extended coverage contract been casualties, even if such injury, death, loss or damage shall have bee ccruse fault or negligence of the other party or anyone whom such party be used by the responsible, to the extent that such injury, death, loss or damage is ay covered indemnified by insurance carried by the other party, or for which ty is or otherwise reimbursed. h a party s b. This release of liability shall be applicable and in force and effect only with respect to injury, death loss or damage occurring during such time shall contain a clause or endorsement to the effect that such release shall ll n tcies adversely affect or impair such policies or prejudice the right of rel shall not thereunder. g reeasor to recover XI. Mutual Indemnification. a. WDBT will indemnify, defend, and hold harmless Jeffersonville liability in connection with loss of life, personal injury and/or from any claims or material brought to the Premises by the WDBT, arising from o amage to property or the Premises. g rout of the WDBT y, use of b. Jeffersonville will indemnify, defend, and hold harmless the liability arising out of the existing conditions of the Premisesvi WDBT from any claims or all liability related to hazardous and contaminated materials existing but not limited to ting XII. Restoration tmg in the Premises. a. Park Reconstruction Cost: i. The WDBT will restore or replace the existing park and wat kind per the right of way and right of entry agreements. erfront installations in ii. The existing landscaping will be restored using trees and s manageable size and caliper not to exceed 3 inches. shrubberies of a iii. Consideration will be given for the relocation of replacement to address the incorporation of the bridge structure and its effect on t he pa the pa needed below it. ct on trk area iv. The WDBT and Jeffersonville will coordinate to insure the amicable way for both parties park is restored in an In Witness Whereof, the undersigned WDBT and Jeffe executed this agreement as of the day and year first above written representatives hereto have en. The City of Jeff • rsonville, IN. Walsh Construction DBT By : By: Date: C 13 Date: (p S Original 5/31/2013 Page 4 of 4