Utility Agreement - IPL 116th to KeystoneCITY/COUNTY UTILITY REIMBURSEMENT AGREEMENT
THIS AGREEMENT, made and entered into this
day of
rDe_ j,m, , 19 cht , by and betweenOndianapolis Power -and;Light,Co`mpany?
Party of the First Part, hereinafter referred to as the "Utility" and the City of Carmel,
Indiana, acting by and through its Board of Public Works, Party of the Second Part,
hereinafter referred to as the Board.
WITNESSETH:
WHEREAS, the Board desires to make certain highway improvements, consisting
of projects for the construction of 116th Street from Keystone Avenue to the
Eastern City Limits and the reimbursable utility work thereon is to be designated as
Project STP -B886( 1, and,
WHEREAS, the State of Indiana through the Indiana Department of Transporta-
tion, hereinafter referred to as "State," has agreed to recommend approval of this
project to the Federal Highway Administration for construction with funds
apportioned to the State under Public Law No. 85 as found in Title 23, United States
Code and Acts amendatory thereof and supplementary thereto, and
WHEREAS, the State will award the contract and supervise the construction of
the project and act as Liaison agent for the City of Carmel with the Federal Highway
Administration, and,
WHEREAS, due to the said highway construction, certain adjustments,
removals, alterations and relocations 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, and,
Page 1 of 8 Pages
WHEREAS, it is necessary for the parties hereto to comply with the applicable
terms and provisions of the Federal Highway Administration's Federal -Aid Highway
Program Manual Volume 6, Chapter 6, Section 3, Subsection 1 (hereinafter called
FHPM 6-6-3-1) dated September 6, 1985, and Federal -Aid Highway Program Manual
Volume 6, Chapter 6, Section 3, Subsection 2 (hereinafter called FHPM 6-6-3-2)
dated September 6, 1985, in order to obtain Federal participation in the payment of
the costs involved herein, and,
WHEREAS, it is in the best interests of the Utility and the Board, for the Utility
to make the necessary adjustments, removals, alternations and/or relocations of its
existing facilities as shown on Exhibit "A" with the Utility's regular construction and
maintenance forces, or by a contractor paid under a contract let by the Utility.
NOW, THEREFORE, for and in consideration of the mutual covenants herein
recited, the Utility and the Board do herein agree as follows:
SECTION I. The Utility with its regular construction or maintenance crew and
personnel, at its standard schedule of wages and working hours, or by an approved
contractor as set forth in Paragraph 9 of FHPM 6-6-3-1, will make the necessary
adjustments, removals, alternations and/or relocation in its existing facilities as
shown on Exhibit "A". The preliminary estimated cost thereof is $ 539.35
as shown on the estimate attached hereto, marked Exhibit "B", and prepared in
accordance with Paragraph 10 of FHPM 6-6-3-1 which said Exhibit "B" is hereby
made a part of this agreement.
Page 2 of 8 Pages
SECTION 11. The Utility will be reimbursed for its actual costs of the work in
Exhibit "B" upon presentation of itemized bills to the Board from the Utility; said
itemization being shown and said costs being computed by and in accordance with
the methods and procedures set forth in Paragraph 10 of FHPM 6-6-3-1. 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 readily audited and actual costs determined, and such accounts shall be
available for audit by auditors of the Indiana Department of Transportation, and the
Federal Highway Administration for a period of not less than three (3) years from
date final payment has been received by the Utility in accordance with Paragraph
10.i.(3) of FHPM 6-6-3-1.
Should the accumulated costs of the work materially exceed the 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 work, method of
installation, change in location, or other changes of similar nature has taken place,
the Utility shall notify the Board in writing of such fact and the reasons therefor as
promptly as possible.
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 cost incurred or it may submit a final billing upon completion of the project.
It is agreed that progress payments be made by the Board to the Utility for not more
than ninety-five percent (95%) of the total amount of work done as shown on
monthly statements or when the amount due the Utility equals $1,000.00 or more,
Page 3 of 8 Pages
said progress billing to be paid within sixty (60) days of receipt. It is further agreed
that upon receipt of a final bill, prepared in the same format as the estimate Exhibit
"B", the Utility shall be reimbursed for such items of project work, project expense,
and project retainage within ninety (90) days after issuance of the audit report.
Provided, however, that all relevant books, records and accounts of the Utility
and the accounts and records of any contractor or subcontractor involved in carrying
out the proposed work to which a payment for a relocation has been made by the
Board, shall be audited by the State and the Utility following such audit shall delete
those items form the final bill or refund that portion of the payment for which it is
not entitled to reimbursement. The billing shall be compatible with the format as
used in Exhibit "B".
SECTION III. The Utility shall not start work on the work contemplated by this
Agreement until written notice has been given to the Utility by the Board that the
work has been authorized and that funds are available to reimburse the Utility, nor
until a satisfactory starting date has been established with the appropriate District
Engineer of the State.
SECTION IV. FHPM 6-6-3-1 and FHPM 6-6-3-2 form an essential part of this
Agreement, and terms or provisions of this Agreement shall in no way abrogate or
supersede the terms or provisions set forth in said FHPMs provided, however,
notwithstanding said terms and conditions, the Board shall reimburse the Utility for
the work or expense shown on Exhibit "B" and all other work or expense performed
or incurred pursuant to the written direction of the Board.
Page 4 of 8 Pages
SECTION V. The Utility, its contractor and subcontractors, if any, shall not
discriminate against any employee or applicant for employment, to be employed in
the performance of this contract, with respect to his hire, tenure, terms, conditions
or privileges of employment or any matter directly or indirectly related to employ-
ment because of his race, color, religion, national origin or ancestry. Breach of this
covenant may be regarded as a material breach of the contract.
SECTION VI. The Utility for itself, its employees, agent and representatives,
shall indemnify, protect and save harmless the City of Carmel and the State of
Indiana from and against any and all legal liabilities and other expenses, claims,
costs, losses, suits or judgments for damages, or injuries to or death of persons or
damage to or destruction of property (hereafter "Claim"), arising out of intentional
tortious acts of or arising out of the contributing or sole negligence of the Utility, its
employees or agents or contractors, in relation to or in connection with any work
performed or to be performed pursuant to this Agreement, provided, however, that
where said City of Carmel, Indiana Department of Transportation or the State of
Indiana, is guilty of negligence with respect to the occurrence or occurrences giving
rise to the Claim, the Utility shall have no duty to indemnify, protect, or save
harmless the City of Carmel, Indiana Department of Transportation and the State of
Indiana.
Page 5 of 8 Pages
IN WITNESS WHEREOF, the parties hereto separately and severally have caused
this instrument to be executed in their respective names by and through their duly
authorized officers.
THE UTILITY: ATTEST:
Indianapolis Power & Light Company
(Utility Name) (Secretary of Utility - Signature)
-ra'l
(Signature of Officer) (Secretary's Name, Printed or Typed)
Donald R. Sloan
(Officer's Name, Printed or Typed)
Manager, Electric System Projects
(Officer's Position)
ACKNOWLEDGMENT
State of Indiana , County of Marion SS
Before me, the undersigned Notary Public in and for said County, personally
appeared
Donald R. Sloan
(Names and Offices of Signers of Utility)
Indianapolis Power & Light Company
(Name of Utility)
and acknowledged the execution of the foregoing contract on this 28th day
of October
1994,
Witness my hand and seal the said last day.
My Commission Expires
April 4, 1996
(Si( nature)
(Printed Marilyn A. Hall
or Typed)
(Notary Public)
Page 6 of 8 Pages
IN WITNESS WHEREOF, the Utility and the LPA, through their respective
officials hereto execute this Agreement.
BOARD OF PUBLIC WORKS
CITY OF CARMEL, INDIANA
Signature
✓D
(Print of t
Signature
(Print or type name and title)
Signature
(Print or type name and title)
Signature
(Print or type name and title)
ATTEST:
Clerk -Treasurer
(Print or type name and title)
Page 7 of 8 Pages
ACKNOWLEDGMENT
STATE OF INDIANA
COUNTY OF
On this day of
, 19 , there appeared before me,
a Notary Public in and for said (County)
and , respectively, of the Board of
of and stated that the above agreement was signed and
attested in behalf of said (City) (County) (Town)
Witness my hand and seal this
My Commission Expires
County of Residence
day of , 19
Notary Public
Page 8 of 8 Pages
INDIANAPOLIS POWER & LIGHT COMPANY
ENGINEERING DEPARTMENT
/,u.Do r STPB z"88/p
3 Zoo ///o r'vSr
SEC. NO. //e -A a
TAX;UNIT Aga-
8SW.O.
W.O.NO. 2506 .494, 7 0,4,f.e .
I.B.T. NO.
1410 NO.
PAT! NO. 1-1
��J
BY_Dazi. C. nfy✓KSO i
DATE /4/25/94
INDIANAPOLIS POWER d LIGHT
TKO ENGINEERING DEPARTMENT
NEILOSS ESTIMATE - SUMMARY DATA
ESTIMATE NUMBER 7603
FOR CITY OF CARMEL
ADDRESS OFFICE OF CITY ENGINEER
1 CIVIC SQUARE
CARMEL, INDIANA 46032
CARMEL, INDIANA 46032
PROJECT NUMBER 9414067
REASON FOR WORK RELOCATE OVERHEAD DISTRIBUTION FACILITIES.
MAP SECTION 112-8
TAX UNIT 185
DATE 10/21/94
REQUESTED BY M W. QUEBE
ESTIMATED BY 0 R JACKSON
TOTAL NETLOSS COST
539.35
BREAKDOWN OF NETLOSS CREDITS
CAPITAL PROJECT CREDITS $ 0.00
RETIREMENT PROJECT CREDITS $ 333.66
ACCOUNT 456.000 $ 205.69
7 Act
ENGINEERING DEPARTMENT I O qty a, a
APPROVED BY
M. W. OUEBE
1/