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Home My WebLink AboutThe Department of Public Utilities of the City of Indianapolis d/b/a Citizens Water/Eng/270,000/Water Main Relocations for 96th St and Delegates Row Roundabout (16-ENG-33)UTILITY REIMBURSEMENT AGREEMENT AGREEMENT Amount: $ 270,000 Project No: 16 -ENG -33 / 20PCO2616 Work Description: Water main relocations for 96"' St and Delegates Row roundabout Road: 96`h Street County: Hamilton THIS AGREEMENT, made and entered into this day of , by The Department of Public Utilities of the City of Indianapolis d/b/a/ Citizens Water 2020 North Meridian Street Indianapolis, IN 46202 (hereinafter referred to as the "UTILITY"), and the City of CARMEL, (hereinafter referred to as "CARMEL"), together referred to as the "PARTIES". WITNESSETH: WHEREAS, CARMEL desires to improve and/or maintain the condition of the above -referenced road and has determined the construction designated by the above project number is necessary for the improvement and/or maintenance of the roadway. WHEREAS, due to said improvement, certain adjustments, removals, alterations, and relocation of the existing facilities of the UTILITY will have to be made as shown on Exhibit "A" attached hereto and by this reference made a part of this AGREEMENT; WHEREAS, it is in the best interests of the UTILITY and CARMEL for the UTILITY to make the necessary adjustments, removals, alterations, and/or relocation of its existing facilities as shown on Exhibit "A" with the UTILITY's regular construction and maintenance forces, or by a contractor paid under contract let by the UTILITY. NOW, THEREFORE, in consideration of the mutual covenants herein recited, the UTILITY and CARMEL do herein agree as follows: SECTION I. The UTILITY, with its regular construction or maintenance crew and personnel, at its standard schedule or wages and working hours, or by an approved contractor, will make the necessary adjustments, removals, alterations and/or relocation in its existing facilities as shown on Exhibit "A", attached hereto and incorporated herein by reference. The preliminary estimated cost thereof is 270,000, as shown on Exhibit "B", attached hereto and incorporated herein by reference. Reviewed by CEG legal 02/16/17 SECTION II. The UTILITY will be reimbursed for its actual costs of the work in such Exhibit "B" upon presentation of itemized bills to CARMEL from the UTILITY. The UTILITY accounts and the accounts and records of any contractor or subcontractor involved in carrying out the purpose of work shall be kept in such manner that they may be audited and actual costs determined, and such accounts shall be available, within a reasonable amount of time of receipt of written notice to the owner of such accounts, for the audits by auditors of CARMEL for a period of not less than three (3) years from the date final payment has been received by the UTILITY. CARMEL agrees that information provided to it pursuant to such an audit shall be used solely for the purpose of this AGREEMENT and shall not, to the extent allowed by law, be disclosed to third parties for any other purpose. Should the accumulated costs of the work materially exceed such Exhibit "B" preliminary estimated costs, due to conditions not known or anticipated at the time of estimate preparation, and no substantial change in the scope of the work, method of installation, change in location, or other changes of similar nature has taken place, the UTILITY shall notify CARMEL in writing of such fact and the reasons therefore as promptly as possible. The Utility shall receive written approval of such charges prior to commencing additional work. The payments to the UTILITY will be made on the basis hereinafter set forth: Progress or Final Billing, The UTILITY may submit progress billings reflecting the actual costs incurred or it may submit a final billing upon completion of the Project. Invoices shall be payable within thirty (30) days from the date CARMEL receives such bill. All relevant books, records and account of the UTILITY and the accounts and records of any contractor or subcontractor involved in carrying out the proposed work to which payment for a relocation has been made by CARMEL, may be audited by CARMEL. The UTILITY following such audit shall delete those items from the final bill, if any, or refund that portion of the payment for which it is not entitled to reimbursement, if any, only to the extent those items or payments were not incurred either as a part of the Project or otherwise in accordance with the Agreement. SECTION III. The UTILITY shall not start construction on the work contemplated by this AGREEMENT until written notice has been given to the UTILITY by CARMEL that the work has been authorized and that funds are available to reimburse the UTILITY. SECTION IV. PARTIES to this AGREEMENT, and their consultants and/or contractors, shall not discriminate against any employee or applicant for employment in the performance of the contract, with respect to hire, tenure, terms, conditions or privileges of employment, or any matter directly or indirectly related to employment, because of race, sex, sexual orientation, gender identity, religion, color, national origin, ancestry, age, disability, and United States military service veteran status. Breach of this provision may be regarded as a material breach of this AGREEMENT. Reviewed by CEG legal 02/16/17 SECTION V. In the event of any inconsistency between this AGREEMENT and the exhibits attached hereto, the terms and conditions of this AGREEMENT will control. SECTION VI. (INTENTIONALLY OMITTED) SECTION VII. The PARTIES and their representatives agree that all appropriate corporate action has been taken relating to this AGREEMENT and that each representative executing this AGREEMENT has all requisite legal authority to sign on behalf of its respective entity. SECTION VIII. This AGREEMENT represents the entire understanding between CARMEL and the UTILITY with respect to the subject matter herein. SECTION IX. This AGREEMENT may be amended only in writing, signed by each of the parties. [THE REST OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK.] Reviewed by CEG legal 02/16/17 IN WITNESS WHEREOF, the PARTIES hereto separately and severally have caused this AGREEMENT to be executed in their respective names by and through their duly authorized officers. THE UTILITY: Citizens Water 7 (Utility Name) F' Mark C. Jacob (Officer's Name, Printed or Typed) Vice President, Capital Programs & Engineering (Officer's Position) ATI'ES/T:, (Secretary of Utility -Signature) (Secretary's Name Printed or Typed) TONI NEWStN Seel ACKNOWLEDGEMENT Notary Public -State of Indiana Hendricks County State of Indiana ) My Commission Expires Aug 14, 2024 County of ��, ) SS: Before me, the undersigned Notary Public in and for said County and State, personally appeared (Name of Officer) (Name of Utility) and acknowledged the execution of the foregoing contract on this r Cay of , 20 N' . Witness my hand and seal the said last day. My Commission Expires: ai b M � K6 um ignature 6 an (Seal) (Printed or Typed) (Notary Public) Reviewed by CEG legal 02/16/17 FOR: (Name of City of CARMEL) BY: JQ P!) /131^u if kQ"" CtIll (Typed or rinted�P Mme) (Typed or Printed Name) ilii e—✓V-b V-r�' ATTEST: �,tshA, (Typed or Printed Name) ACKNOWLEDGEMENT State of Indiana ) County of �Aan ) SS: Before me, the undersigned Notary Public in and for said,, Lo and State, personally appeared �.lAa' es 3l-Lwun , I � M ay 4n BUAk o P --;i aattc.e. wettm q- ChS'f n e 1 (Names) and acknowledged the execution of the foregoing contract on this 19y of 20_1&. Witness my hand and seal the said last day.,/ My Commission Expires: c� ��(2ea, (Signature) DIANNE WALTHALL Seel (Seal) Notary Public - State of Indiana Hamilton County My Commission Expires Mar 16, 2024 Reviewed by CEG legal 02/16/17 —D/ ,'Q M"' " 14A, // (Printed or Typed) (Notary Public) ,Da'U/7 96th ST & DELEGATES ROW RAB WATER MAIN RELOCATIONS co Q� �Z o� ° 04 Qiv (/) V U W 1 � J C:)j Q CK CV W Z I Q U 0 2 LLI 06Of0 CQ� GENERAL LOCATION MAP Q) NOT TO EWIE SHEET INDEX SHEET NO. I DESCRIPTION T TITLE OHM 3 ENNT WT~ 14 FIAIU a TRAF19C CONTROL Nfflelwfl III1'''ll 111, 1i . • citizens energy grow p PROJECT LOCATION MAP R E T10N 2150 OR MARTIN LUTHER KING A STREET I Nor TOOGUE INDIANAPOLIS, IN 46202WWW CITIZENSENERGVGROUP (317) 63&1501 1. FO aENQ�6 ENEROV OROIIP CITIZENS PROJECT CONTACT INFORMATION„ —1 Owbn RTw T.Tb1. P E 317A37109 NYr��.rn.wiE7pwq w�R 3 ODMTRMTOR 6 REiPOM&<E FOR LCCATEf 3 O\Ta PRM>•1 TO PraNd YN�W✓. 8—Nb 317Y37� .... s_. .iElpaymm Ty r..Arn Nal nRM1� ]w�.v-wr. canm�ebn.Amon wR]1T-lOitll � � hNRO�rPRRn.RNE�RW a.m s f Exhibit "A" SHEET NUMBER 1 1 • S PROJECT LOCATION MAP Nor TOOGUE GENERAL NOTES: 1. FO aENQ�6 ENEROV OROIIP c,TS AT CROTOACIIM LOM 3 ODMTRMTOR 6 REiPOM&<E FOR LCCATEf 3 O\Ta PRM>•1 TO ONcw ] C011TRACTOR■RWPOMEIE�E FM FOLWVMMO RACK AOFMCV A ` 1 F I� TIIMFE: CONTIIOL RFAUNIIYIMTS Exhibit "A" SHEET NUMBER 1 1 • S fo,j ki- .... . . .............. ...... I...... ovm*om "At"ww'. 01 use PVLN" %nunnummummusel woman mo ........ ...... 4! ♦ 96th ST & DELEGATES ROW RAB r . CitiZenS WATE�N J�JEJLLOCATIONS vor'Ifly .0- ree .Mao—S.Mr.WATEI, llq%xa I 1 i 1 35+00,-- I 5+00__I- a jig g I ; fit ,..w j; ....._ _ �.�_;_� H I ` 96th ST & DELEGATES ROW RAB ♦ citizens_ WAI. 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February2005 a«'rra,:asmals o.r: ,aisaws SHEET NUMBER 5 S r S 96th Street and Delegates Row Roundabout 16 -ENG -33 Citizens Water Preliminary Reimbursable Cost Estimate Summary Estimated Cost Citizens Labor $26,760 Material $26,940 Permits $0 Contractor $214,300 Alignment Staking $2,000 Betterment $0 Salvage $0 Preliminary Estimated Cost $270,000 Asphalt restoration not included (to be done by Carmel contractor) 3/20/2018 Wz 96th Street and Delegates Row Roundabout 16 -ENG -33 Citizens Water Preliminary Reimbursable Cost Estimate Summary Estimated Cost Citizens Labor $26,760 Material $26,940 Permits $0 Contractor $214,300 Alignment Staking $2,000 Betterment $0 Salvage $0 Preliminary Estimated Cost $270,000 Asphalt restoration not included (to be done by Carmel contractor) 3/20/2018 2 OCZ., City ®��AINDIANA JIII'1CERTIFICATE NO.003120155 002 0 FEDERAL EXCISE TAX EXEMPT ONE CIVIC SQUARE 35-6000972 CARMEL, INDIANA 46032-2584 FORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL - 1997 PURCHASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO. 3/30/2018 367137 CITIZENS ENERGY GROUP VENDOR PO BOX 7056 INDIANAPOLIS, IN 46207--7056 PURCHASEID BLANKET CONTRACT 24658 QUANTITY UNIT OF MEASURE Department: 2200 Fund: 0 COIT Bond Fund PAYMENT TERMS Page 1 of 1 PURCHASE ORDER NUMBER 101547 THIS NUMBER MUST APPEAR ON INVOICES, AIP VOUCHER, DELIVERY MEMO, PACKING SLIPS, SHIPPING LABELS AND ANY CORRESPONDENCE DESCRIPTION Project 16 -ENG -33 City Engineering's Office SHIP 1 Civic Square TO Carmel, IN 46032 - Kate Lustig FREIGHT ------- --- UNIT PRICE EXTENSION Account: 94-650.04 1 Each 96th Street and Delegates Row Utility Reimbursement Send Invoice To: Skip Tennancour American Structurepoint, Inc. 8425 Wicklow Way Brownsburg, IN 46112 2016 COIT Bond 'DEPARTMENT $270,000.00 $270,000.00 Sub Total $270,000.00 PLEASE INVOICE IN DUPLICATE ACCOUNT PROJECT PROJECT ACCOUNT AMOUNT PAYMENT $270,000.00 SHIPPING INSTRUCTIONS -AID VOUCHER CANNOT BE APPROVED FOR PAYMENT UNLESS THE P.O. NUMBER IS MADE A PART OF THE VOUCHER AND EVERY INVOICE AND VOUCHER HAS THE PROPER SWORN 'SHIP PREPAID. AFFIDAVIT ATTACHED. I HEREBY CERTIFY THAT THERE IS AN UNOBLIGATED BALANCE IN 'C.O.D. SHIPMENT CANNOT BE ACCEPTED. THIS APPROPRIATION SUFFICIENT TO PAY FOR THE ABOVE ORDER. 'PURCHASE ORDER NUMBER MUST APPEAR ON ALL SHIPPING LABEL 'THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99, ACTS 1945 AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO. CONTROL N0. 101547 ORDERED BY -- TITLE CLERK -TREASURER Jeremy Kashman Director Douglas Haney Corporation Counsel