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HomeMy WebLinkAboutCitizens Water/ENG/$68,312/96th & Gray Road Water Main Relocation Project 11 UTILITY REIMBURSEMENT AGREEMENT x��y AGREEMENT Amount: $68,312 Project No: 16-ENG-34/20PCO26 l5 Work Description: Water main relocations for 96'"St and Gray roundabout Road: 96th 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; r 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 $ 68.312.00. 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: ATTEST: r �, Citizens Water `��'l J�L.L (Utility:Name) (Secretary of Utility-Signature) / r -65sh A Go-eiu (Signatu of Officer (Secretary's Name Printed or Typed) Mark C.Jacob (Officer's Name,Printed or Typed) Vice President.Capital Programs&Engineering (Officer's Position) ACKNOWLEDGEMENT State of Indiana ) County of Aar►o d.) )SS: Before me,the undersigned Notary Public in and for said County and State,personally appeared J''`ar k. C.. JaC.O6 (Name of Officer) /1 t 12 P AS EMT Cr/ °"P (Name of Utility) and acknowledged the execution of the foregoing contract on this I L day of klCl✓ 2019 , Witness my hand and seal the said last day. My Commission Expires: ikriA I°II G t (Signature) KEESHA MICHELLE GARNER (Seal) ;: .:.;@ Notary Wag of Indiana (Printed or Typed)(Notary Public) + �'�: MarlonCouMy p��, My Commission Expires A ril 19,2026 Reviewed by CEG legal 02/16/17 • FOR: bOcIA i - w \IS©( s (Name of City of CARMEL) BY: _ ATTEST: ,„ %v (Théic a (Typed or Printed Name) iefaz (Typed or Printedne) .42410/.2,:r7f. ,4 4, /Ike (Typed dPrinted N (Typed or Printed Name) M02 -v►lb2sr' ACKNOWLEDGEMENT State of Indiana ) County of j n i 1 01 )SS: Before me,the undersigned Notary Public in and for said County and State,personally appeared d \m a\fl(d , fo cnn'Luke_, Lori 5 . i13M.-LSbn , SiVA6bI arl (Names) and acknowledged the execution of the foregoing contract on this -- day of MHO') 20(),). Witness my hand and seal the t said last day. My Commission Expires: 1�- • a� Ctivit$0 �c •��w`� -¢- fi (Signatureci Jennifer I Stites ( F� Y ( if Stic }es Notary Public Seal State of Indiana(Se Hamilton County (Printed or Typed)(Notary Public) Commission Number NP0723135 My Commission Expires 10/22/2027 Reviewed by CEG legal 02/16/17 - 2 • 96th STREET & GRAY ROAD RAB WATER MAIN RELOCATIONS 03 PRO JECT # 20PCO2615 Erz PROJECT LOCATION 00 ,0 : ,,,i= zi-,Q 04 Q . •Hi i__ W C W _ :r «-�• W C —7 citizens � w � • t � Qa t.,40 energy group • ; . . ,IPROJECTLOCATION • — 215D DR MARTIN WTHER KING JR STREET '�°�'+�' ' • GENERAL LOCATION MAP CD O) INDIANAPOLIS,IN 46202 e -"f M.1 cr.u. ' von CITIZENSENERGYGROUP Co i'AN, nor TO SCALE (317)639-1501 1 r ' SHEET INDEX j �+�µ4i I SHEET NO. DESCRIPTION CITIZENS PROJECT CONTACT INFORMATION b�,, ' ' a. " + TITLE SHEET _ .444... ..A.xwe+wl.r... GaPOM1aar-LANs CencruHATA Snip GarS]17.2E>8422 Leal.Gw.1..14d. +-<.- .Cz 've •V..al 444 b SNUG OUT PLAN CCa49CmmnsEnerpTGraup mn4e - - CROPCroHnMemper,fiWR Raw pSoop17274434 PLANS &Nut GDAamEneroCyoup rum Rn FevAn' ''' 'S:-y' 4 TRAFFIC CONTROL STANDARDS Galunaa mjrr+MAP0'.cum Brum.]317.2E363Q WI Y14Y.'J4 •. 7.n0 P 1.1•.. —� • I ;Cerumi CnlrensEneWlmupom •CauWCnn Rrp YVWrA+Me 5Owni]17ti2p]323 }41 Z '•.;.4.15.0CQGI6.mEmrTOrrR3 rum PROJECT LOCATION MAP E NOT TO SCALE qq / 1% GENERAL NOTES: ' 1 I. FOLLOW CITIZENS ENERGY GROUP WATER STANDARDS YANUAL At CITIZENSENEROYGRONP.CON "'alt. `� O 2 CONTRACTOR IS RESPONSIBLE FOR LOCATES 2 DAYS PRIOR TO are.y DIGGING • i CONTRACTOR GB RLSF+ONRLSE FOR FOLLOAPAO LOCK AGEACY TRAFFIC CON TROL REQUIREMENTS 16-ERG- S, 5 96TH STREET AND DELEGATES ROW WORK PLAN SECTION 7 SHEET NUMBER PRELIMINARY PLANS 02t20/17 T ar 4 Exhibit "A" / i / L )1 I I II il • I.I � 1 ► 1 �I, I '� lt,s�� 1.0 E I . 0 ill i PP ja ,,E. 1 -'--:. ..1 ill Gil!? 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' D 4 IMP SCOT HITTER OATS ItWO S W • 96th Street and Gray Road Roundabout 16-E N G-34 Citizens Water Preliminary Reimbursable Cost Estimate Exhibit"B" Summary Estimated Cost CEG Labor $15,672 Material $3,840 Permits $0 Contractor $48,200 Alignment Staking $600 Betterment $0 Salvage $0 Preliminary Estimated Cost $68,312 9/11/2018 CITY OF CARMEL ENGINEERING DEPARTMENT Memo To: Doug Haney, Corporation Counsel From: Lisa Scott CC: Brad Pease Date: 02/13/20 Re: Utility Reimbursement Agreement—Citizens Water- 96th&Gray Water Main Relocation Project Doug, please find attached 1 original for Utility Reimbursement Agreement for Citizens Water for the 96th & Gray Road Water Main Relocation Project 16-ENG-34. Please review & initial for the next BPW Meeting. Documentation is attached. Estimated cost$68,312 Thank you, Lisa Scott • Page 1