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HomeMy WebLinkAbouti-65 right of way JEFFERSONVILLE WATERFRONT AREA ACCESS AGREEMENT Ohio River Bridge — Downtown Crossing: I -65 Right of Way This Agreement is made and entered into �� r t , 2013, by and between the City of Jeffersonville, Indiana ( "Jeffersonville ") and Walsh Construction Design Build Team, ( "WDBT "). I. Description: WDBT initiates this agreement to describe access and restoration of the Jeffersonville waterfront area located along the Ohio River within the State of Indiana Right of Way ( "Indiana ROW ") for the existing John F. Kennedy ( "JFK ") Bridge and the planned I -65 North Bound Ohio River Bridge Downtown Crossing in Jeffersonville, Indiana for construction of the new Ohio River Bridge Downtown Crossing and Indiana approach structures, and rehabilitation of the existing JFK Bridge ( "Works "). II. Location: This Agreement includes the properties which are currently part of the Indiana ROW and the Right of Entry Agreement for Parcel 39, hereinafter "Premises." No areas outside of Indiana ROW of way or property will be utilized unless specifically agreed separately. III. Proposal: WDBT will use the area to mobilize equipment, materials and personnel for construction of the Works, including access to water for marine operations. The WDBT will use 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 described in Attachment A. Duration, work plan, removals, maintenance, and restoration are described in following sections. The site will be restored, as mutually agreed, to its current condition considering the additional Bridge structures installed during the project. IV. Work Plan & Schedule: a. Mobilization: WDBT will mobilize and prepare the Premises for work on or about March 1, 2013. WDBT plans to commence soil boring and site surveys within the ROW limits during the first quarter of 2013. b. 2013: Work includes soil boring, installation of an aggregate access ramp, erosion control, installation of aggregate causeway for river access, temporary fencing, accessing the riverfront for construction within the river, and installing bridge foundations within the park and adjacent Indiana 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 and access to the removal and replacement of the JFK truss bridge deck. V. Coordination a. Jeffersonville Liaison: Jeffersonville will provide a liaison to act as single point of contact that will be authorized to coordinate and decide on matters occurring within the Premises. b. WDBT will provide contact information for site supervision and management. VI. Removals. WDBT will remove and /or protect the following items within the Premises: Original 5/31/13 Page 1 of 4 a. Existing accessories including benches, historic markers 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: WDBT will document current landscaping. ii. Salvage: Prior to Mobilization Jeffersonville will salvage any landscaping they deem necessary. iii. Replacement: WDBT will replace, in kind, the demolished or displaced landscaping, hardscaping, and improvements existing at Mobilization. d. Existing Shore Protection. 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 Premises. ii. Jeffersonville will assist in locating utilities within the Premises. VII. Maintenance & Utilization a. Fence and Erosion control: i. WDBT will install a temporary six foot chain link fence along the boundary of the Premises as shown on the attached drawing or as approved by both parties. 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 Storm Water and Pollution Protection Plan (SWPPP). b. House Keeping i. WDBT will maintain the Premises in an orderly fashion. ii. WDBT will maintain all fences and erosion control surrounding the Premises. iii. WDBT will control dust and debris on the premises and Riverside Drive resulting from the WDBT work. c. Public Access and Coordination. i. During this Agreement, WDBT will maintain access for vehicular and pedestrian traffic along Riverside Drive (with some temporary closures to ensure public safety). Due to safety concerns, no public access will be allowed on the Premises. ii. The sidewalk on the river side of Riverside Drive will be closed to pedestrians. VIII. Restoration a. Grading: i. WDBT will restore the ground disturbed within the Premises to original lines and grades. ii. WDBT will take a cross section the existing park to determine the existing topography for restoration purposes. iii. WDBT will photograph the Premises prior to disturbing the site. Original 5/31/13 Page 2 of 4 b. Grass. WDBT will seed the Premises after completion of the work, restoring the area to previous appearances. c. Trees and Shrubs i. 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. WDBT will replace the walkways and paths in the same location and with the same quality, density and grade as the existing walkways and paths. ii. WDBT will reinstall accessories removed and stored. e. Lighting. WDBT will restore the electrical lighting to its current condition. f. Shore Protection i. WDBT will restore the existing shore protection system to its current condition. g. Utilities i. WDBT will protect and restore existing utilities to the current condition. IX. Insurance a. Within thirty (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 Jeffersonville 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 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 occurring on the Premises caused by fire or any extended coverage contract casualties, even if such injury, death, loss or damage shall have been caused by the fault or negligence of the other party or anyone whom such party may be responsible, to the extent that such injury, death, loss or damage is covered or indemnified by insurance carried by the other party, or for which a party is otherwise reimbursed. 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 as releasor's policies shall contain a clause or endorsement to the effect that such release shall not adversely affect or impair such policies or prejudice the right of releasor to recover thereunder. XI. Mutual Indemnification a. WDBT will indemnify, defend, and hold harmless Jeffersonville from any claims or liability in connection with loss of life, personal injury and /or damage to property, or material brought to the Premises by the WDBT, arising from WDBT's use of the Premises. b. Jeffersonville will indemnify, defend, and hold harmless the WDBT from any claims or liability arising out of the existing conditions of the Premises, including but not limited to all liability related to hazardous and contaminated materials existing in the Premises. XII. Park Reconstruction Cost a. The WDBT will restore or replace the Premises as described in Article VIII in kind. Original 5/31/13 Page 3 of 4 In Witness Whereof, the undersigned WDBT and WDC representatives hereto have executed this agreement as of the day and year first above written. City of Jeffersonville Walsh Construction DBT 1 Name: t; A 011 Pa r / C.i (10 /' Title: I I r Title: he 05 , ill r. `/ �1 ten) Signature: _,,,r /0 l� gnature: pd--„J2. ) r Date: (Ac k3 Date: ( ri ' O ginal 5/31/13 Page 4 of 4