The 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)
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SHEET NUMBER
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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