Indianapolis Power and Light Company/Eng/6,582.48/Ditch Road Path - E 1\I G - 'R
UTILITY REIMBURSEMENT AGREEMENT
ilO`
Agreement Amount $6,582.48 Road Ditch Road Path
Agreement Type Standard County Hamilton J ®�
Work Description Remove down guys and install push brace
THIS AGREEMENT,made and entered into this day of
20 ,by and between
Indianapolis Power and Light Company
1230 W.Morris Street
Indianapolis,INN 46221
(hereinafter referred to as the"Utility"),and The City of Cannel, 1 Civic Square, Carmel, Indiana 46032,
acting by and through its appropriate elected official, (hereinafter referred to as the"City of Carmel").
WITNESSETH:
WHEREAS,the City of 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(hereinafter
referred to as the"Project")is necessary for the improvement and/or maintenance of the roadway;
WHEREAS,the City of Cannel will advertise for bids for construction of the project,award the
contract,supervise the construction of the Project.
WHEREAS, the Project will require certain adjustments, removals, alterations, and/or
relocations of the existing facilities of the Utility will have to be made;
WHEREAS,it is in the interests of the Utility and the City of Cannel for the Utility to make the
necessary adjustments, removals, alterations, and/or relocations of its existing facilities with the
Utility's regular construction and maintenance forces, or by a contractor paid under a contract let by the
Utility.
NOW, THEREFORE, IN CONSIDERATION OF THE PREMISES AND THE
MUTUAL AGREEMENTS AND COVENANT HEREIN CONTAINED (THE
ADEQUACY OF WHICH CONSIDERATIONS AS TO EACH OF THE PARTIES
TO THIS AGREEMENT IS HEREBY MUTUALLY ACKNOWLEDGED), AND
OTHER GOOD AND VALUABLE CONSIDERATIONS,THE RECEIPT OF WHICH
IS HEREBY ACKNOWLEDGED AND INTENDING TO BE LEGALLY BOUND,
THE PARTIES HEREBY COVENANT AND AGREE AS FOLLOWS:
SECTION I-DESCRIPTION OF WORK AND ITEMIZED COST ESTIMATE
The Utility shall make the necessary adjustments, removals, alterations, and/or relocations to
its existing facilities.
The preliminary itemized cost estimate for this project is set forth in attached Exhibit "A".
incorporated by reference.
Exhibit "A" shall include an estimate of all anticipated costs, including, but not limited to,
materials, labor, equipment costs, preliminary and construction engineering costs, administrative costs,
eligible property costs, and or contracted services. Professional services cannot be listed as a percentage
of the total cost.
SECTION II-WORK COMMENCEMENT
The Utility shall not start work on the adjustments, removals, alterations, and/or relocations
covered by this Agreement until written authorization has been given the Utility by the City of Carmel or
until a satisfactory starting date has been established with the City of Carmel's project coordinator.
SECTION III-SUBORDINATION OF RIGHTS
The existing facilities are not located on public right-of-way. If such facilities are located on
property, other than public right-of-way, and the Utility either has an easement thereon or a continuing
right to maintain the facilities in that location, the Utility, for and in consideration of this Agreement,
shall subordinate the Utility's rights to those of the City of Cannel in the road right-of-way prior to final
payment by executing an individual subordination agreement.
SECTION IV - MATERIAL ALTERATIONS DUE TO CHANGED AND
UNFORESEEN CIRCUMSTANCES
The Utility shall modify its facilities in accordance with the plans, specifications, and estimates
shown in Exhibit "A". No work shall be performed by the Utility beyond the scope contemplated by
Exhibit"A"without prior written authorization by the City of Cannel.
In the event there are changes in the scope of work, extra work, or major change in the
planned work covered by the approved agreement, plans, and estimate, the Utility shall inform the
City of Cannel as soon as practical upon discovery. The Utility shall also notify the City of Cannel of
any material alterations due to unforeseen circumstances as soon as practical upon discovery. Such
notification shall consist of a letter,telephone call,or other electronic communication confirmed by letter
to the address of the City of Carmel listed on page 1 of this Agreement.
Notification shall include sufficient information to indicate the nature of the changed or
unforeseen circumstances, the location of the changed or unforeseen circumstances, and the impact of the
changed or unforeseen circumstances upon the Utility's relocation efforts,cost of the relocation, the time
necessary to complete the relocation and the extent of relocation.
SECTION V-STANDARD PAYMENT METHOD/PROGRESS BILLING
The Utility may, once the Utility has accumulated $1,000 of expenses, submit one request for
payment per calendar month for work covered by this Agreement. The Utility shall attach an itemization
of costs incurred with each request for payment. This itemization of costs shall appear in the same form
and manner as the preliminary estimate as shown on Exhibit"A".
The City of Cannel will reimburse the Utility for any item of worth of expense involved if
performed at the written direction of the City of Cannel. The Utility will be reimbursed for its actual
costs of the work upon presentation of invoices to the City of Cannel from the Utility.
Progress payments made by the City of Cannel to the Utility shall not exceed 97 percent of the
estimated cost of the completed work. Reimbursement for progress billings shall be paid within 60 days
of receipt.
Partial payment shall not abrogate the City of Carmel's or the State's right to dispute in good faith
the Utility's claim for compensation. Such good faith disputes shall be resolved upon presentation of the
Utility's final request for payment and the resolution of any audit performed in accordance with
Section IX of this Agreement.
SECTION VI—LUMP-SUM PAYMENT METHOD
The Utility may elect to petition the City of Cannel for payment of its expenses by lump sum.
Such petition shall include Exhibit "A" along with a detailed explanation requesting payment by lump
sum and showing how all individuals will be best served by this payment method.
The City of Cannel may make payment to the Utility by lump sum if the total cost for the
adjustments, removals, alterations, and/or relocations do not exceed $25,000. Lump-sum payments
in excess of $25,000 will be made only if in the best interests of the public.
If a lump-sum payment is approved,the Utility shall submit one request for payment no later than
90 days after the work is completed. No amount in excess of the agreed amount in Exhibit "A" shall
be reimbursed.
SECTION VII-FINAL BILL
The Utility shall present its final itemized bill accompanied by an itemized cumulative invoice
within 90 days of completion of its work. All documents required to substantiate any claims for
payment shall be submitted with this final itemized bill. Such supporting documentation shall include,
but shall not be limited to,copies of material invoices,time sheets,vendor and/or contractor invoices,and
other such documents as may be deemed by the State to support such invoice.
Upon receipt of a final bill, the Utility shall be reimbursed for such items of project work,
expense, and retainage within 90 days after the resolution and issuance of any audit performed in
accordance with Section IX.
SECTION VII-RECORDS
The Utility accounts and the accounts and records of any contractor or subcontractor involved in
carrying out the proposed 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 City of Cannel for a
period of not less than three years from the date final payment has been received by the Utility.
SECTION IX-DISCRIMINATION
Pursuant to IC 22-9-1-10, 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 hire, tenure, terms, conditions or privileges of employment, or any
matter directly or indirectly related to employment, because of race, color, religion, sex, disability,
national origin,or ancestry. Breach of this covenant may be regarded as a material breach of contract.
•
SECTION X-GENERAL LIABILITY PROVISIONS
The Utility for itself, its employees, agents, and representatives, shall indemnify, protect, and
save harmless the City of Cannel 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 tortuous acts or whether due in
whole or in part to the negligent acts or omissions 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, where City of Carmel has been found liable by a court,tribunal, or
governing body entitled to make such a determination for intentional tortious acts and/or negligence with
respect to the occurrence or occurrences giving rise to the Claim, the Utility shall have no duty to
indemnity,protect,or save harmless the City of Cannel.
SECTION XI-PENALTIES/INTERESTS/ATTORNEY'S FEES
The City of Cannel will in good faith perform its required obligations hereunder and does not
agree to pay any penalties, liquidated damages, interest, and/or attorney's fees, except as required by
Indiana Law,in part,IC 5-17-5-1 et seq.
SECTION XIII-GOVERNING LAWS
This contract shall be construed in accordance with and governed by the laws of the state of
Indiana and suit,if any,must be brought in the state of Indiana.
SECTION XIV-BINDING UPON SUCCESSORS OR ASSIGNS
This Agreement shall be binding upon the parties and their successors and assigns.
SECTION XV-NON-COLLUSION AFFIDAVIT
The Utility shall execute a Non-Collusion Affidavit, notarized with a seal, which is attached
hereto and incorporated by reference. If the Utility is a governmental entity, the execution of a Non-
Collusion Affidavit shall not be required.
SECTION XVI-MAINTAINING A DRUG-FREE WORKPLACE
•
(A)The Utility and its subcontractors, if any, covenant and agree to make a good faith effort to
provide and maintain during the term of this Agreement a drug-free workplace, and that written
notice will be given to the contracting City of Cannel and the Indiana Department of
Administration within ten (10) days after receiving actual notice that an employee of the Utility
has been convicted of a criminal drug violation occurring in the Utility's workplace.
(B) In addition to the provisions of Paragraph (A) above, if the total contract amount set forth in
this Agreement is in excess of$25,000, the Utility and its subcontractors, if any, hereby further
agree this Agreement is expressly subject to the tenns,conditions,and repLesentations contained in
the Drug-Free Workplace Certification executed by the Utility in conjunction with this Agreement
and that is appended as an attachment hereto.
(C)It is further expressly agreed the failure of the Utility and its subcontractors, if any, to in good
faith comply with the terms of Paragraph(A) above, or falsifying or otherwise violating the terms
of the certification referenced in Paragraph (B) above, shall constitute a material breach
of this Agreement, and shall entitle the State and the City of Cannel to impose sanctions against
the Utility and its subcontractors, if any, including, but not limited to, suspension of contract
payments, termination of this Agreement and/or debarment of the Utility and its subcontractors,if
any,from doing business with the City of Cannel for up to three years.
IN WITNESS HEREOF, 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:
(Utility Name) (Secretary of Utility-Signature)
(Signature of Officer) (Secretary's Name,Printed or Typed)
kW, 4.5-1Z clirtet,,—
(Officer's Name,Printed or Typed)
(Officer's Position)
ACKNOWLEDGEMENT
State of County of 1 A)th,&A ) /t'1 A,i e A✓ SS
Before me,the undersigned Notary Public in and for said County and State,personally appeared
Nf 1#AEL d' : .Shg.kA
(Names and offices of signers of Utility)
1 } t o/A,va pt t •.5 Pt:u e'2 4G.�/:)'} L :.,I
! (Name of Utility)
and acknowledged the execution of the foregoing contract on this ,2 y day of A-1 A y , 20
/ .
Witness my hand and seal the said last day.
My Commission Expires q - 3 L" z.0
(Signature)
ADONIS D. BROWN A 0C Nis 0. L C
Notary Public
(Seal) SEAL (Printed or Typed)(Notary Public)
Hancock County, State of Indiana
My Commission Expires 9/30/2020
February 15, 1997
FOR:CA'1,/\ 40,-(7'- (c-,cn%/0
(Name of ty of Carmel)
BY: ATTEST:
T or Pri d Name) (Typed or Printed Name)
.m.„"),...._ 3 ck -i9 OL,-;An Ceptii C ter-k.
/1/4 AA/A) o g- e. 74
(Type r 'nted N )
(Typed or Printed Name)
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ACKNOWLEDGEMENT
l
ia_m
State of Indiana,County of l I -71 ,SS
Before me,the undersigned Notary Public in and for said County and State,�e personally appeared
and acknowledged the execution of the foregoing contract on this /`9 'day of `dtC1?I ,20 /9
DIANNE WAIT Expires
Seat i mature)
Notary Public-State of Indiana 5-11 4I2/' Tian/, Pia 1ik eLI,
Hamilton County
My Commission Expires(I�adB,P024 (Printed or Typed)(Notary Public)
This document prepared by:
Exhibit "A"
Indianapolis Power& Light Company
One Monument Circle
Indianapolis IN 46204
To the attention of; Invoice Date
City Of Carmel 6/6/2018
Attn: David Littlejohn
One Civic Sq. Invoice No.
Carmel, IN 46032 900152182
Customer Contact
B Carter 317-261-8217
Description for Billing DOLLARS
Ditch Rd Push Brace Project 6,582.48
Remove down guys and install push brace for
bike path.
TOTAL $6,582.48
To ensure proper credit,please include our invoice number along with your remittance and forward to:
Indianapolis Power&Light Company
Attention: Revenue Accounting
One Monument Circle
Indianapolis, IN 46204
INDIANA RETAIL TAX EXEMPT Page 1 of 1
Ci ity of Car1ne]_ CERTIFICATE NO.003120155 002 0 PURCHASE ORDER NUMBER
FEDERAL EXCISE TAX EXEMPT 102916
ONE CIVIC SQUARE 35-6000972 THIS NUMBER MUST APPEAR ON INVOICES,AR
VOUCHER,DELIVERY MEMO,PACKING SLIPS,
CARMEL. INDIANA 46032-2584
SHIPPING LABELS AND ANY CORRESPONDENCE
FORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL- 1997
PURCHASE ORDER DATE DATE REQUIRED REQUISITION NO VENDOR NO DESCRIPTION
6/3/2019 00350907 Project 16-ENG-71;Utility Reimbursement Agreement
INDIANAPOLIS POWER&LIGHT COMPANY City Engineering's Office
VENDOR 1230 W. MORRIS ST. SHIP 1 Civic Square
C/O RHONDA WILLIAMS TO Carmel, IN 46032-
INDIANAPOLIS, IN 46221 - Kate Lustig
PURCHASE ID BLANKET CONTRACT PAYMENT TERMS FREIGHT
36763
QUANTITY UNIT OF MEASURE DESCRIPTION UNIT PRICE EXTENSION
Department. 2200 Fund: 0 COIT Bond Fund
Account: 44-628.71
1 Each Utility Reimbursement Agreement $6,582.48 $6,582.48
Sub Total $6,582.48
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PLEASE INVOICE IN DUPLICATE
DEPARTMENT I ACCOUNT PROJECT I PROJECT ACCOUNT I AMOUNT
PAYMENT $6,582.48
SHIPPING INSTRUCTIONS *AP VOUCHER CANNOT BE APPROVED FOR PAYMENT UNLESS THE P.O NUMBER:S 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 �w.e/Gi/ip'LL
AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO ORDERED BY
Jeremy Kashman James Crider
TITLE Director Administration
CONTROL NO. 102916 CLERK-TREASURER