HomeMy WebLinkAboutCC-06-18-01-01 Hazel Dell PaymtSponsored by: Norm Rundie
Resolution No. CC-06-18-01-01
A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF CARMEL,
INDIANA APPROVING PAYMENT OF CONSTRUCTION COSTS FOR HAZEL
DELL & PENNSYLVANIA BOND PROJECT
WHEREAS, pursuant to Article III, Section 3.01 (b) of the Trust Indenture by and
among the City of Carmel Redevelopment Authority and Filth Third Bank of Central
Indiana, dated as of August 1, 1997, approval by the Common Council is required prior
to payments from the Construction Fund therein described upon presentation of
architect' s or engineer' s certificates of work completed and materials furnished;
WHEREAS, American Consulting Engineers, Inc., has presented such certificates
regarding the Construction Project Invoices attached hereto as Exhibit A.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Carmel, Indiana, that the Construction Project Invoices attached hereto as Exhibit A are
hereby approved for payment from the Construction Fund described in the above-
referenced Trust Indenture.
PASS by the Common Council of the City of Carmel, Indiana this [ (~ t'h
of GCL~./_D , 2001, by a vote of i7 ayes and ~) nays. day
Wiy~nWilson '
CITY OF CARMEL REDEVELOPMENT AUTHORITY
CONSTRUCTION FUND PAYMENT REQUISITION
TO:
Fifth Third Bank of Central Indiana, as Trustee
251 North Illinois Street
Suite 1000
Indianapolis, Indiana 46204
Attn: Corporate Trust Department
Date: June 6, 2001
Trust Indenture between City of Carmel Redevelopment Authority and Fifth
Third Bank of Central Indiana, as Trustee, dated as of August 1, 1997 (the
"Trust Indenture")
AFFIDAVIT
STATE OF INDIANA )
)
COUNTY OF HAMILTON )
SS:
The undersigned, having been duly sworn upon her oath, certifies that:
She has been designated by the Carmel Redevelopment Authority as an individual
authorized to execute and present affidavits on the Authority' s behalf relating to
payments from the Construction Fund for items that are not subject to certification by
the architect or engineer, in accordance with Article IV, Section 3.01 (b) of said Trust
Indenture.
The amounts set forth in Exhibit A hereto are requested to be paid to the respective
Payees identified therein for the services or assets described, from the Construction
Account of the Construction Fund created by Section 3.01 of the Trust Indenture.
Copies of the statements of the respective Payees or other supporting
documentation are also attached hereto.
The obligations set forth in Exhibit A have been properly incurred, are proper
charges against the Construction Account, and have not been the basis of any
previous withdrawals from the Construction Account.
CITY OF CARMEL REDEVELOPMENT
AUTHORITY
City Engineer, City of Carmel, Indiana
STATE OF INDIANA
COUNTY OF HAMILTON
SS:
Before me, the undersigned, a Notary Public in and for said County and State, personally
appeared Kate Weese , City Engineer for the City of Carmel, Indiana, who having
been duly sworn upon her oath acknowledged the execution of the foregoing Affidavit for and on
behalf of said Authority.
Witness my hand and Notarial Seal this q 4'4~day of June, 2000
My Commission Expires:
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Z. sa_ Z- rn~-~----/~/
residing in
~ana~; . ~, n
, Notary Public
County,
Cinergy Corp.
1441 South Guilford
Carrnel, IN46032
Te1800.521.2232
May 31,2001
INER(;Y
PSI
City of Carmel
Kate Weese, P.E.
One Civic Square
Carmel, Indiana 46032
Dear Kate Weese,
This invoice is in reference to contract number 0523.01.03 and subject to the Utility
Reimbursement Agreement, signed Jane 23,2001, by Cinergy and The City of Carmel.
The amount invoiced is for the following locations in Phase I of the Pennsylvania Street
Project as noted below:
· Option "D" 106th and Pennsylvania Road.
· South of 116th Street on Pennsylvania Road.
· 122nd Street and Pennsylvania Road.
Material Cost:
Labor Cost:
Actual Total Cost:
$114,158.00.
$120,492.00
$234,650.00
See Appendix "A" in the Utility Reimbursement Agreement for further details.
If you have any questions or concems please don't hesitate to contact me at 317-581-
3052.
Sincerely,
Rick McClain
Customer Project Supervisor
UTILITY REIMBURSEMENT AGREEMENT
APPROVED, AS TO
FORM
The City of Carmel, Indiana, acting by and through its Board of
Public Works and Safety ("City") and PSI Energy, Inc., an Indiana
corporation ("Permittee"), effective this 1 st day of January, 2000
(notwithstanding the fact that both parties executed this Agreement after
that date), hereby agree that Permittee is granted permission by City to
install, operate, maintain, replace and remove, and to adjust as provided
herein, certain utility facilities, consisting of supporting structures,
anchors, guys, wires, cables, manholes, ducts, conduits, surface
transformers, and appurtenances and fixtures attached thereto, upon, over,
along and under the public road fight-of-way of Pennsylvania Street from
96th Street to Old Meridian Street inclusive, in Carmel, Indiana
(collectively, the "Utility Facilities"), such Utility Facilities to be installed
adjacent to the presently installed utility facilities of Permittee, and within
approximately two (2) feet of and inside the Pennsylvania Street right-of-
way line, all as indicated on the plans for such road expansion identified as
the "Pennsylvania Road Improvement Project" ("the Project"). In
consideration thereof, Permittee agrees to abide by and conform to the
following terms and conditions:
The Utility Facilities to be installed, operated, maintained, replaced and
removed, and adjusted as provided herein, upon, over, along and under the
Pennsylvania Street right-of-way limits shall be maintained in a manner that
will not impair, interfere with or impede the Project or the construction,
maintenance or safe operation of Pennsylvania Street by City.
Upon written request from City, Permittee agrees to make any and all
necessary adjustments to the Utility Facilities that future traffic conditions
and/or road improvements necessitate, and City hereby agrees to reimburse
Permittee the reasonable costs of making such adjustments within thirty (30)
days from receipt of a written invoice from Permittee for the estimated and/or
actual amounts of said costs; provided, however, if the actual costs are less
than any estimated amount paid by City, Permittee shall refund the difference
to City.
Permittee agrees to comply with all applicable rules and regulations of City
when installing, maintaining, replacing and removing, and when adjusting as
provided herein, the Utility Facilities, and, except in a bona fide emergency
situation, to obtain all necessary permits and authorizations from City before
performing any of such functions on the Utility Facilities.
Permittee agrees that, at all times during any installation, maintenance,
replacement or removal, and adjustments of the Utility Facilities undertaken
pursuant hereto within the limits for Pennsylvania Street, it shall, at its sole
expense, provide such watchmen, flagmen, barricades, signs and lights as are
reasonably necessary to protect the safety of the traveling public upon
Pennsylvania Street, unless otherwise agreed in advance and in writing by
City's duly authorized representative.
5. Permittee agrees that all damages to drainage structures, madbeds, pavement,
sidewalks and other Pennsylvania Street appurtenances arising from the
installation, maintenance, replacement, adjustment and/or removal of the
Utility Facilities shall be repaired at Permittee's sole expense and to City' s
reasonable satisfaction.
6. Permittee agrees that, excluding a bona fide emergency situation, no portion
of the pavement of the Pennsylvania Street or any other road affected by the
Pennsylvania Street project shall be disturbed without the prior written
consent of City, which consent shall not be unreasonably withheld or delayed,
and that, upon completion of any work upon the Pennsylvania Street or any
other road affected thereby, all disturbed portions of same shall be restored to
a condition which is as close as practicable to the condition they were in at the
time such work was commenced thereon.
7. Permittee agrees that, in the performance of this Utility Agreement, it shall
comply with the applicable portions of the "State of Indiana, Indiana
Department of Transportation, Utility Accommodation Policy, Dated
September 10, 1990" as amended, covering the occupancy of public highway
rights-of-way by utilities, as well as all other applicable federal, state and local
laws and regulations, and Permittee agrees to indemnify and hold harmless
City from any and all loss, damage, and/or liability to the extent caused by
Permittee's violation of such laws and regulations. This indemnification
obligation shall survive the termination of this Agreement.
Permittee agrees to self insure, or to procure and maintain in full force and
effect during the term of this Agreement, with an insurer licensed to do
business in the State of Indiana, such insurance as is necessary for the
protection of the City and Permittee from any and all claims for damages or
otherwise under any workers' compensation, occupational disease and/or
unemployment compensation act, for bodily injuries including, but not limited
to, personal injury, sickness, disease or death of or to any and all of
Permittee's agents, employees, contractors, subcontractors, outside sources
and other persons, and for any injury to or destruction of property, including,
but not limited to, loss of use resulting therefrom.
9. Permittee a~ees to indemnify, defend and hold harmless City from and
against any and all liabilities, claims, demands and/or expenses (including
reasonable attorney fees) for injury, death and/or damage to any person or
property arising from or in connection with any work performed and/or
actions taken or not taken pursuant to or under this Agreement, unless such
liabilities, claims, demands and/or expenses arise out of the negligence of City
or its agents. This indemnification obligation shall survive the termination of
this Agreement.
10. The parties agree that Pemittee and all of its employees, contractors,
subcontractors, agents, and other persons under its direction and control shall
not be and are not employees of City.
11. Permittee shall require that all of its employees, agents, contractors,
subcontractors, and other persons under its direction and control, shall comply
with all existing and future laws of the United States, the State of indiana and
City prohibiting discrimination against any employee, applicant for
employment or other person in the performance of this Agreement, ~vith
respect to the hire, tenure, terms, conditions or privileges of employment and
to any other matter directly or indirectly related to employment or
subcontracting because of race, religion, color, sex, handicap, national origin,
ancestry, age, disabled veteran status and/or Vietnam era veteran status.
12. The parties represent and warrant that they are authorized to enter into this
Agreement, that the persons or entities executing same have the authority to
bind the party which they represent and that nothing contained herein shall be
construed to give any fights or benefits hereunder to anyone other than City or
Permittee.
13. This Agreement, together with any exhibits attached hereto or reference
herein, constitutes the entire agreement between Permittee and City with
respect to the subject matter hereof, and supersedes all prior oral and/or
written representations and agreements regarding same, and may only be
modified by written amendment executed by both parties hereto, or their
successors in interest.
14. City agrees to pay Permittee the actual costs (versus estimated costs) of the
Phase I and Phase II installation of the Utility Facilities upon, over, along and
under Pennsylvania Street pursuant to this Agreement. Actual costs for the
Phase I installation work are shown on the attached Appendix "A," and City
agrees to pay them to Permittee within thirty (30) days from the date this
Agreement is fully executed by City with the further understanding and
agreement of the parties that Permittee shall not commence the Phase II
installation of the Utility Facilities unless and until receipt of payment of the
Appendix "A" actual costs for Phase I, is received by Permittee. Appendix
"B" constitutes the estimated costs for Phase II which the parties agree shall
be paid within thirty (30) days from the date this Agreement is fully executed
by City; provided, however, if the actual costs reasonably incurred by
Permittee for Phase II exceed or are less than such estimated costs, City or
Permittee as the case may be, shall make payment to the other within thirty
(30) days after Permittee provides City with a written invoice for the actual
costs·
PSI ENERGY INC.
(Authorized Signature)
(Printed Name)
· ~,4,,/~dZ-q
(Title)
CITY OF CARMEL, INDIANA
By and thro its Board of Public Works and afety
BY: ~ ~
James d, Presiding Officer
Date:-- dd
Date: ~.~ '~-~ ~ ~g~Oj
(Name), Member
Date:
ATTEST:
Date: ~//~ ~/~'2 l T
Appendix "A"
Invoice Date: 3-14-2001
Invoice for Phase I of Pennsylvania Road Improvement Project, for the City of Carreel,
located in Carmel, Indiana. Shown below are actual costs versus estimated cost. The
City is expected to pay the actual cost amount.
Shown below are three different locations for Phase I that are being invoiced.
Option "D" 106th and Penn Road location:
South of 116th street on Penn Road location:
122nd street and Penn Road location:
Estimated cost: $273,000.00
Actual cost: $234,650.00
Total Invoice $234,650.00
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