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Home My WebLink About248276 08/12/15 CITY OF CARMEL, INDIANA VENDOR: 00352922 ONE CIVIC SQUARE CITIZENS ENERGY GROUP CHECK AMOUNT: $****71,286.05* CARMEL, INDIANA 46032 PO BOX 7056 CHECK NUMBER: 248276 v �oN. INDIANAPOLIS IN 46207-7066 CHECK DATE: 08/12/15 DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 212 R4462865 31840 134923211369 71,286.05 UTILITY REIMBURSEMENT citizens energy group' PO Box 7056 I Indianapolis, IN 146207-7056 Account Number Payment Due Date 1349232-1136940 08/28/15 Amount to be paid by 08/28/15 71,286.05 Amount to be paid after 08/28/15 71,286.05 07112110 09:30 3 000000120150729 KGPWS9 CEG-GREE 1oz DOM KGPWS90000'160762 MN 'III'�IIII�IILIIIII�IIII�IIIIIl�1�11��111�I�III1�Llllllll�llll CITY OF CARMEL JEREMYKASHMAN ONE CIVIC SQUARE CARMEL IN 46032-2584 07M EB60 Account , Billing for: 106TH &_ILLINOIS Service Class:Commercial Date Billed: 07/29/15 Account Balance of Last Bill............... $71,286.05 P.O. '118 H o Payment(s) Received ......................... 0.00 -2 ` y _R,A y U2 8(05 Total Balance from Previous Bill.......... 71,286.05 Current Period Charges Total Current Charges ....................... 0.00 Account Balance as of 07/29/15........ $71,286.05 ,93031,;2 /11<',( c; F� 00 eM,° TL�� rs Fti �iF S Citizens Serving You See reverse - numbers, office location, hours, and definition of terms. Questions about gas, water or sewer service for your business? Call (317) 927-4328 or visit our website at www.CitizensEnergyGroup.com/My-Business. Retain this portion for your records. �� Please detach apd return r •s i h vour nayrnelit. Please.do r, ____ citizens 24- Hour Telephone Numbers Emergency: .................................................(317)924-3311 energy group- Account&General Information: ..................(317)924-3333 Customer Services Location/Hours Definitions General Office Location: 2020 N. Meridian Street Actual- Reading obtained by Meter Reader Monday-Friday Saturday BTU Factor-Heat value of the gas measured in British Call Center 7:00 a.m. -7:00 p.m. 9:00 a.m. - 1:00 p.m. Thermal Units (BTU), a standard measurement of energy. Lobby 8:00 a.m.-6:00 p.m. 9:00 a.m. - 12:00 p.m. CCF-Amount of gas and water which goes through the meter, measured in 100 cubic feet. For water and sewer, Telephone Numbers 100 CCF equals 750 gallons. Automated Self-Service (24 Hours).............(317)924-3333 CR- Indicates a credit Customer Service........................................(317)924-3311 Est.-Meter reading estimated based on a calculation of Toll Free....................................................1 (800)427-4217 consumption history and current weather conditions. Connect2Help.........._......................................................211 Gas Charges_-Includes cost of gas_used, maintaining a RelayIndiana Hearin and speech impaired) 711 safe and dependable distribution system, meter reading, (Hearing p )""""""" billing and various customer services. Theft HOTLINE (Calls are anonymous).......(317)927-4402 Sewer Charges-Based upon the volume of water Fax...............................................................(317)927-4554 used. Cost to maintain disposal system, safely process Call Before You Di 811 discharge and billing services. Additional Payment Options Therm-CCF changed to the energy value of the gas used. Check-by-Phone or Credit Card..................(317)924-3310 Water Charges- Includes cost of water used, maintaining Online........................................Citizens EnergyGroup.com a safe dependable distribution system, meter reading, 24-Hour Payment Depository 2020 N. Meridian Street billing and public fire protection water service. Y P ry........ Walk-up locations listed online......Citizens EnergyGroup.com Additional Information Write to Us For a schedule of Citizens Energy Group Board of Directors meetings, go to Citizens E nergyG rou p.com. Internet: ...................................Citizens EnergyGrou p.com Email:..............CustomerCare@CitizensEnergyGroup.com Citizens Energy Group Attn: Customer Services 2020 North Meridian Street Indianapolis, IN 46202-1306 Remit Payments To: Citizens Energy Group PO Box 7056 Indianapolis, IN 46207-7056 0 N X O fD m O O 31 m m W UTILITY REIMBURSEMENT AGREEMENTOOOCI� 10 1 THIS Utility Reimbursement Agreement ("Agreement") is entered into by and between The Department of Public Utilities of the Cit of Indianapolis d/b/a Citizens Water, a public P y utility with offices located at 1220 Waterway Blvd. Indianapolis IN, 46202 ("Citizens Water"), and the City of Carmel, Indiana, an Indiana municipal corporation, acting by and through its Board of Public Works and Safety("City"), and shall be effective as of the last date on which it is signed by a party hereto. WITNESSETH: WHEREAS, pursuant to Indiana law, Citizens Water is authorized to construct, operate and maintain utility facilities in Indiana public road rights of way in a manner that does not interfere with the safe construction, maintenance and operation of those roadways; and WHEREAS, Citizens Water has constructed and now operates and maintains in the City certain underground pipeline facilities (thc "Citizens Water Facilities") in the rights of way of Illinois Street (the "Illinois Street Extension"). which Citizens Water Facilities are more particularly described on a work plan (the "Illinois Street Work Plan"), a copy of which is attached hereto as Exhibit A and incorporated herein by this reference; and WHEREAS, the City now needs to make certain improvements to the Illinois Street Extension, and the City and Citizens Water have determined that the Citizens Water Facilities need to be relocated before such improvements can be made; and WHEREAS, the City has acquired or will acquire, at the City's expense, a relocation area on a public road right of way for the Citizens Water Facilities that Citizens Water has determined is reasonably suitable for the relocation of the Citizens Water Facilities (the "Relocation Area"); and WHEREAS, the City has requested that Citizens Water relocate the Citizens Water Facilities underground in the Relocation Area,, as is more specifically described on the Illinois Street Work Plan; and - WHEREAS, Citizens Water is willing to relocate the Citizens Water Facilities to an underground location in the Relocation Area provided that the City reimburse Citizens Water for the casts actually and reasonably incurred by Citizens Water in doing so,'pay the estimated cost of such relocation, as hereinafter described, to Citizens Water prior to the commencement of the relocation work (the "Relocation Work"), and pay Citizens Water for any costs actually and reasonably incurred by Citizens Water in the future in the event it is necessary to again adjust, remove, support, alter, and/or relocate the Citizens Water Facilities for another highway improvement project and/or for any other public works project of the City or another governmental entity; and WHEREAS, the City is willing to reimburse Citizens Water for such present and future costs subject to the toims_and conditions contained herein. NOW, THEREFORE, for and in consideration of the mutual promises from, to, and between Citizens Water and the City, hereinafter contained, Citizens Water and the City do hereby agree to and with each other, as follows: SECTION 1., Citizens Water, with its regular approved construction contractor, will relocate the Citizens Water Facilities to an underground location within the Relocation Area, as 2 described on the Illinois Street Relocation Plan, the preliminary estimated cost of doing so being Seventy One Thousand, Five Hundred Thirty Dollars and Sixty Six Cents ($71,530.66), as shown on the estimate("Cost Estimate")attached hereto as Exhibit B and incorporated herein by this reference. sEcTiON 1l. The City shall reimburse Citizens Water for the actual and reasonable costs incurred by Citizens Water in performing the Relocation Work within thirty five (35) days after receiving a written, itemized statement of the same from Citizens Water. Citizens Water may submit more than one such statement as the Relocation Work progresses and in this manner receive progress payments as the project proceeds. At such time as Citizens Water determines that the actual cost of the Relocation Work is likely to exceed Fifteen Thousand Dollars (515,000.00), Citizens Water shall advise the City of this tact, in writing, specifying therein the likely total cost of the Relocation Work, and Citizens 'Vater shall not proceed further with the Relocation Work until the City notifies Citizens Water in writing to proceed. SLCJ'ION III. Citizens Water shall not start the Relocation Work until: (a) written notice has been given to Citizens Water by the City that the Relocation Work has been authorized and hinds are available to reimburse Citizens Water for the same, and (b) the City has denoted the public road right-of-way line in the Relocation Area by staked survey or other proper means. The City's notice to Citizens Water to proceed as contemplated herein shall constitute the City's affirmation that it has acquired the necessary public road right-of-way needed for the Relocation Area and the Relocation Work. SECTION IV. The City shall reimburse Citizens Water for any reasonable ftiture costs actually incurred by Citizens Water in the event it becomes necessary to again adjust, remove, 3 support, alter, and/or relocate the underground Citizens Water Facilities for another City highway improvement project and/or for.any other public works project of the City or another governmental entity. SECTION V. Citizens Water, and its contractor and subcontractors, if any, shall not discriminate against any employee or applicant for employment to be employed in the performance of this Agreement with respect to hire, tenure, terms, conditions or privileges of employment or any matter directly or indirectly related to employment because of race, color, religion, national origin or ancestry. Breach of this covenant constitutes a material breach of this Agreement. SECTION VI. Citizens Water shall indemnify and hold harmless the City from and against any and all legal liabilities and other expenses, claims, costs, losses, suits or judgments for damages, or injuries to or the death of persons or damage to or the destruction of property arising out of the Relocation Work ("Claims"); provided, however, to the extent the City is negligent or engages in intentional misconduct that is the proximate cause of one or more Claims, Citizens Water shall to that extent have no duty to indemnify and hold harmicss the City. ,SECTION VII.The parties have each had an opportunity to engage independent counsel to explain the provisions of this Agreement and their full legal effect, and the parties agree that this Agreement is being entered into voluntarily and not as a result of any duress or undue influence and only after the parties have each carefully and completely read and understand each and every term and condition of this Agreement. SECTION Vill. This Agreement was negotiated and is intended to be performed 4 pursuant to the laws of the State of Indiana, Hamilton County, and shall be construed and enforced in accordance therewith, except for Indiana's conflicts of law principles. The parties agree that Hamilton County, Indiana is the proper venue for any cause of action filed under, pursuant to,or regarding this Agreement. IN WITNESS WIIEROI+, the parties hereto have caused this Agrcernent to be executed by and through their duly authorized representatives. Approved and Adopted this____1__day of r ' ! 2014. The Department of Pati ic;: tililies of the City of Indianapolis("Citizens Water") Signature Date: Printed Name and Title CITY OF CARMEL, INDIANA By and through its Board of Public Works and Safety BY: mite:Brainard, Presiding Officer Date: - I We . Mary Any urke,Member Date: Lorils.Wa n;Member 5 Date: S �-7 I 7 ATTEST: Dianaa ordray; t CA,C1S r rcasurcr Date �v l J! Prescribed by State Board of Accounts City Form No.201(Rev.1995) ACCOUNTS PAYABLE VOUCHER CITY OF CARMEL An invoice or bill to be properly itemized must show: kind of service, where performed, dates service rendered, by whom, rates per day, number of hours, rate per hour, number of units, price per unit, etc. Payee Citizens Energy Group Purchase Order No. P.O. Box 7056 Terms Indianapolis, IN 46207-7056 Date Due Invoice Invoice Description Date Number (or note attached invoice(s)or bill(s) Amount -8/28/2015 0 Illinois Street Utility Reimbursement—:Citizens Water $ 71,286.05 Totall $ 71,286.05 I hereby certify that the attached invoice(s), or bill(s), is (are)true and correct and I have audited same in accordance with IC 5-11-10-1.6. ,20 Clerk-Treasurer VOUCHER NO WARRANT NO. Citizens Energy Group ALLOWED 20 P.O. Box 7056 IN SUM OF$ Indianapolis, IN 46207-7056 $ 71,286.05 ON ACCOUNT OF APPROPRIATION FOR i Board Members Po#or INVOICE NO. ACCT#/TITLE AMOUNT DEPT# I hereby certify that the attached invoice(s), or 31840 0 212-R4462865 $ 71,266.05 bill(s) is (are)true and correct and that the materials or services itemized thereon for which charge is made were ordered and received,except 8/7/2015. Signature City Engineer Cost Distribution ledger classification if Title claim paid motor vehicle highway fund .