The Department of Public Utilities of the City of Indianapolis d/b/a Citizens Water/River Road/17,900UTILITY REIMBURSEMENT AGREEMENT
0
AGREEMENT Amount: $ 17,900.00 Project No: 2OPCO2770
Work Description: Relocation on one hydrant for Carmel Project 16 -ENG -80
Road: River Road
County: Hamilton
THIS AGREEMENT, made and entered into this day of 1A'g= 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 $17,900.00 as shown on Exhibit "B", attached
hereto and incorporated herein by reference.
Reviewed by CEG legal 02/16/17
SECTION I1.
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
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:
(Officer's Name, Printed or Typed)
Vice President, Capital Programs & Engineering
(Officer's Position)
ATTEST:
(Secretary of Utility -Signature)
(Secretary's Name Printed or Typed)
TSN HEWSON
ACKNOWLEDGEM NT Seel
Notary Public - State of Indiana
Hendricks County
State of Indiana
My Commission Expires Aa 14, 2024
County of) SS:
,
Before me, the undersigned Notary Public in and for said County and State, personally appeared
(Name of Officer)
' . ' J 1(Name of )ility)
and acknowledged the execution of the foregoing contract on this day of ,
204.
Witness my hand and seal the said last day.
My Commission Expires: ,
(Seal)
Reviewed by CEG legal 02/16/17
AIQ AIM
ignatu )
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(Printed or Typed) (Notary blit)
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
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Data 01/31/2017
SHEET NUMBER
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1 a 1
Exhibit B
River Road Reconstruction
16 -ENG -80
Citizens Water
Preliminary Reimbursable Cost Estimate
Summary Estimated Cost
CEG Labor $10,242
Material $1,834
Permits $0
Contractor $5,824
Betterment $0
Salvage $0
Preliminary Estimated Cost $17,900
5/30/2017
'EMIBrr
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FOR:
(Name of City of Carmel)
BA
dot r ►nor
J
(Typed gr PrinteoName) A
Printed t
(Typed or Printed Name)
ATTEST:
Qa-4 , Wa�,�
7�&'Onc Gia_ a4- /I
(Typed or Printed Name)
ACKNOWLEDGEMENT
State of Indiana )
County of 1 ) SS:
Before me, the undersigned Notary Public in and for said County and State, personally appeared
j AfA15S &LjY& /l4ky A►JJ , Low( W AfS,--,J ., 414,N,,JC i1Vi4-&7H 4t.C_.
(Names)
and acknowledged the execution of the foregoing contract on this --�-o day of
20L -L.
Witness my hand and seal the said last day.
My Commission Expires:
(Signature)
Con .MS
Nolwy P
(Seal) Seal
Haml1ton county, stat* of Indiana
COmMiWon No. 889781
MY Commission Expkn &29.2023
Reviewed by CEG legal 02/16/17
'lWig In U,EP'�1
(Printed or Typed) (Notary Public)
i
INDIANA RETAIL TAX EXEMPT Page 1 of 1
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c� � �� CERTIFICATE NO. 003120155 002 0 PURCHASE ORDER NUMBER
(�FEDERAL EXCISE TAX EXEMPT 100706
ONE CIVIC SQUARE 35-6000972 THIS NUMBER MUST APPEAR ON INVOICES, AIP
CARMEL, INDIANA 46032-2584 VOUCHER, DELIVERY MEMO, PACKING SLIPS,
FORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL - 1997 SHIPPING LABELS AND ANY CORRESPONDENCE
PURCHASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO t DESCRIPTION
9/6/2017 367137 I Project 16 -ENG -80
CITIZENS ENERGY GROUP City Engineering's Office
VENDOR PO BOX 7056 SHIP 1 Civic Square
TO Carmel, IN 46032 -
INDIANAPOLIS, IN 46207--7056 Kate Lustig
PURCHASEID BLANKET CONTRACT
18781 -- -- - —
QUANTITY UNIT OF MEASURE
Department., 2200 Fund: 912 Rainy Day Fund
Account: 44-707.00
PAYMENT TERMS
DESCRIPTION
1 Each River Road Utility Reimbursement - Hydrant Relocation
Send Invoice To:
City Engineering's Office
Kate Lustig
1 Civic Square
Carmel, IN 46032 -
PLEASE INVOICE IN DUPLICATE
FREIGHT
I UNIT PRICE I EXTENSION I
$17,900.00 $17,900.00
Sub Total $17,900.00
DEPARTMENT ACCOUNT PROJECT PROJECT ACCOUNT AMOUNT
PAYMENT $17,900.00
SHIPPING INSTRUCTIONS AIPVOUCHER CANNOT BEAPPROVED FOR PAYMENT UNLESS THE P.O. NUMBER ISMADE 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. p
'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. ORDERED BY --- - - - --- -
Jeremy Kashman James Crider
TITLE Director Administration
CONTROL NO. 100706 CLERK -TREASURER