HomeMy Public PortalAbout111-2021 - Engineering - RP&L - Utility Reimbusement agreement for the Complete Street Loop Project CITY/COUNTY UTILITY REIMBURSEMENT AGREEMENT
(Work by Utility)
Agreement Amount_$213.951.81 Des No. _1702769
Agreement Type Standard Project No._1702769
Work Description Installation of new street lights
Road East Main 7th to 10th, Fort Wayne Ave and North"E"Street
County Wayne
THIS AGREEMENT, made and entered into this day of 2021
by and between Richmond Power& Light
(hereinafter referred to as the "Utility"), and The City of Richmond_ .
Indiana acting by and through its appropriate elected official, (hereinafter referred to as
the "Local Public Agency").
WITNESSETH:
WHEREAS, the Local Public Agency desires to improve and/or maintain the .
condition of the above referenced road and has determined that 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 State of Indiana, through the Indiana Department of
Transportation, (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 Title 23, United States Code and Acts amendatory thereof and
supplementary thereto; .
WHEREAS, the State will advertise for bids for construction of the project, award
the contract, supervise the construction of the project and act as liaison agent for the
Local Public Agency with the Federal Highway Administration;
WHEREAS, the project will require certain adjustments, removals, alterations
and/or relocations of the existing facilities of the Utility will have to be made as shown on
the plan marked Exhibit"A", attached hereto and incorporated by reference;
Page 1 of 9
Contract No. 111-2021
WHEREAS, it is necessary for the parties hereto to comply with the applicable
terms and provisions of the Federal-Aid Policy Guide (hereinafter called the Policy
Guide), dated December 9, 1991, and 23 CFR 645 Subpart A, incorporated by reference,
in order to receive reimbursement for the costs of the adjustments, removals, alterations
and/or relocations of the existing facilities of the Utility;
WHEREAS, it is in the best interests of the Utility and the Local Public Agency, for
the Utility to make the necessary adjustments, removals, alterations 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, 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 in the following manner:
[Circle (1)and/or(2.1. • ..
(1) With its regular construction or maintenance crew and personnel at its
chedule of wages and working hours.
(2) By an approved contractor as set forth in 23 CFR 645.109, 645.111 and/or
645.115.
The preliminary itemized cost estimate for this project is set forth in attached
Exhibit"B", incorporated by reference, and prepared in accordance with 23 CFR 645.113.
Exhibit "B" shall include an itemized 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. Each
item shall be shown as a 'per unit' cost. 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 Local Public Agency or until a satisfactory starting date has been
established with the Local Public Agency's project coordinator.
Page2of9
SECTION III -SUBORDINATION OF RIGHTS
The existing facilities+CD (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 Local Public Agency in the highway 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 Exhibits "A" and "B". No work shall be performed by the Utility
beyond the scope contemplated by Exhibits "A" and "B" without prior written authorization
by the Local Public Agency.
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 Local Public Agency as soon as practical upon discovery.The Utility shall
also notify the Local Public Agency 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 Local Public Agency 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 $1,000.00 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"B"
The Local Public Agency will reimburse the utility for any item of worth or expense
involved if performed at the written direction of the Local Public Agency. The Utility will be
reimbursed for its actual costs of the work described in Exhibit "A" upon presentation of
itemized bills to the Local Public Agency from the Utility.
Progress payments made by the Local Public Agency to the Utility shall not exceed
ninety-seven percent (97%) of the estimated cost of the completed work. Reimbursement
for progress billings shall be paid within sixty(60)days of receipt.
Page3of9
Partial payment shall not abrogate the Local Public Agency'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 Local Public Agency for payment of its
expenses by Lump Sum. Such petition shall include Exhibits "A" and "B" along with a
detailed explanation requesting payment by lump sum and showing how all individuals will
be best served by this payment method.
The Local Public Agency may make payment to the utility by lump sum if the total
cost for the adjustments, removals, alterations, and/or relocations do not exceed
$25,000.00. Lump sum payments in excess of $25,000 will be made only if in the best
interests of the public in accordance with 23 CFR 645.113(f) and approved by the
Federal Highway Administration.
If a lump sum payment is approved, the Utility shall submit one request for payment
no later than ninety (90) days after the work is completed. No amount in excess of the
agreed amount in Exhibit"B" shall be reimbursed.
SECTION VII-FINAL BILL
The Utility shall present its final itemized bill accompanied by an itemized
cumulative invoice within ninety (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 ninety (90) days after the resolution and issuance of .
any audit performed in accordance with Section IX.
SECTION VIII-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 State, the Federal Highway Administration, and/or
the Local Public Agency for a period of not less than three (3) years from the date final
payment has been received by the Utility In accordance with 23 CFR 645.117.
Upon completion of the Utility's work, the Indiana Department of Transportation's
Division of Accounting and Control may audit the Utility's records to determine the cost of
relocation. Such audit shall be in accordance with generally accepted auditing standards
and the appropriate cost principles as set forth in 48 CFR Part 31.
Page4of9 :
If the audit resolution shows that the Utility has been overpaid, the Local Public
Agency shall bill the Utility for such overpayment and provide supporting documentation.
The Utility shall pay the Local Public Agency within thirty-five (35) days after receipt of
such bill and the Local Public Agency shall remit the Federal share to the State.
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.
The Utility shall comply with the Regulations relative to Nondiscrimination in
federally-assisted programs of the Department of Transportation Title 49, Code of Federal
Regulations, Part 21, as they may be amended from time to time, incorporated by
reference.
SECTION X-GENERAL LIABILITY PROVISIONS
The Utility for itself, its employees, agents and representatives, shall indemnify,
protect and save harmless the Indiana Department of Transportation, the State of
Indiana, and the Local Public Agency 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 or whether due in whole or in part to the negligent acts or 1
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, that where said Department of Transportation and/or the Local Public
Agency his 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 _
indemnify, protect, or save harmless either the Department of Transportation, the State,
or the Local Public Agency.
SECTION XI-INCORPORATION OF THE UTILITY POLICY GUIDE
The Policy Guide forms an essential part of this agreement, and the terms or
provisions of this agreement in no way abrogate or supersede the terms or provisions set
forth in said Policy Guide.
SECTION XII -PENALTIES/INTEREST/ATTORNEY'S FEES
The Local Public Agency will in good faith perform its required obligations
hereunder and does not agree to pay any penalties, liquidated damages, interest, and/or
attorneys fees, except as required by Indiana law, in part, IC 5-17-5-1 at seq.
Page5of9
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 Local Public
Agency 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$25,000.00, the Utility and its
subcontractors, If any, hereby further agree that this agreement is expressly
subject to the terms, conditions and representations contained in the Drug-Free
Workplace certification executed by the Utility in conjunction with this agreement
and which is appended as an attachment hereto.
(C) It is further expressly agreed that 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 Local Public Agency 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 State and the Local
Public Agency for up to three (3)years.
SECTION XVII—BUY AMERICA CERTIFICATION
The Utility agrees that all steel and cast iron materials and products to be used
under this agreement will be produced and manufactured in the United States of
Page6of9 .
•
America pursuant to the requirements of Indiana Code 5-16-8-1, et al. and 23 CFR
635.410.
The remainder of this page is intentionally left blank.
Page7of9
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:
Richmond Power and Light
(Utili as�•-- (Secretary of Utility-Signature)
-40,
j�/
gnature t ce (Secretary's Name, Printed or Typed)
Anthony L. Foster II
(Officer's Name, Printed or Typed)
General Manager
(Officer's Position)
ACKNOWLEDGEMENT
State of /���G� County of l JU C� SS:
/�[
Before me,the ersigned Notary Public in and for said County and State, personally
appeared ,- -3-- TX-
(Na s and offices of signers of Utility)
it (04-6 rt d Pe d, r "J.--. 7.6 S'A (
(Name of Utility)
and acknowledged the execution of the foregoing contract on this / day of (/,t4
20Loa- .
Witness my hand and seal the said last day.
My Commission F "; ‘69: . o a c( -
Ow 6p..�Nk.At.4-4% l (Signature)
J.• 0TAp y I�
i • G J
�Gt(Seal) 'It •• p s� (Printed or Typed) (Notary Public)
s
Page 8 of 9
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FOR:
City of Richmond, Indiana by and through
its Board of Public Works and Safety
(Name of Local Public Agency)
BY: ATTEST:
Vicki Robinson, President David M.Snow, :yor
(Typ Printed ame) (Typed or Printed Name)
•
Emily
�Palmer, Member
�" or Print, me)
Matt Evans, Member
(Typed or Printed Name)
mil it ACKNOWLEDGEMENT
f
State of Indiana, County of Wayne , SS:
Before me,the undersigned Notary Public in and for the County and State, personally
appeared David M. Snow, Vicki Robinson, Emily Palmer, and Matt Evans,
and acknowledged the execution of the foregoing contract on this,,2 9-dday of
2021 . •
My Commission Expires January 18, 2028 -71901- &"2„;,,L,r
(Signature)
` PpY Pie MONICA J BURNS
o, s.. Notary Public,State Of Indiana
"SEALS' Wayne County
s.*., *`Commlesion Number NP0632312
`` My Commission Expires Monica J. Burns •
''rnnutit`� Anuary'1e 2028
(seal) (Printed or Typed) (Notary Public) •
This document prepared by
Page9of9 •.
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Project: Main St.7th to 10th
5/25/2021 Post top with LED fixture
Date of Request 2021
Source of Request City
Status Re-Design
Count
Operation Cost Estimate 13 $316.94 (per month)
$24.38 (Per light, per month)
pg.33
Breakdown:
Item Cost Count Total
00100-12-00 base $372.09 13 $5,852.98
04810-12-10 pole $475.00 13 $7,471.75
03921-10-24 LED fixture(light) $456.00 13 $7,172.88
03902-20-00 LED photo cell $20.73 13 $326.08
01562-12-98/99 wire(pole) $0.29 250 $87.73
01632-04-01 UG wire $0.47 2500 $1,421.75
08165-22-30 Conduit 2" $1.34 2400 $3,891.36
08149-49-22 Elbow 2" $7.35 28 $249.02
UG labor $23,321.26
Lineman Labor $17,113.15
Engineering $4,019.57
Misc./landscaping $2,000.00 1 $2,000.00
Material . .$26,473.54 _ .
Labor $40,434.41
Vehicles $20,908.80
Misc. $2,000.00
Total $89,816.75
[EXHIBIT eU PAGE 1. OF to
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EXHIBIT L PAGE - OF 4
Project: Ft.Wayne Ave
7/26/2021 Memphis style pendant LED fixture
Date of Request 2021
Source of Request City
Status Design
Count
Operation Cost Estimate 4 $76.76 (per month)
$19.19 (Per light, per month)
pg.34
Breakdown:
Item Cost Count Total
00100-12-00 base $372.09 0 $0.00
04810-12-10 pole $475.00 0 $0.00
03921-10-24 LED fixture(light) $1,324.40 5 $8,012.62
04810-62-30 arm w/slip fitter $158.40 5 $958.32
03902-20-00 LED photo cell $20.73 5 $125.42
01562-12-98/99 wire(pole) $0.29 150 $52.64
01632-04-01 UG wire $0.47 0 $0.00
08165-22-30 Conduit 2" $1.34 0 $0.00
08149-49-22 Elbow 2" $7.35 0 $0.00
UG labor $0.00
Lineman Labor $5,133.95
Engineering $1,205.87
Misc./landscaping $0.00
Material $9,148.99
Labor $6,339.82
Vehicles $9,583.20
Misc. $0.00
Total $25,072.01
1EXHIBIT - PAGE 3 OF (
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Project: N E STREET
7/26/2021 Memphis style pendant LED fixture
Date of Request 2021
Source of Request City
Status design
#of fixtures costs
Operation Cost Estimate 5 $230.90 (per month)
$46.18 (Per light, per month)
pg.34
Breakdown:
Item Cost Count Total
00100-12-00 base auger $372.09 0 $0.00
yd.item base concrete $149.00 5 $901.45
04810-64-28 pole $3,756.50 5 $22,726.83
03921-10-24 LED fixture(light) $1,324.40 5 $8,012.62
04810-62-30 arm w/slip fitter $158.40 5 $958.32 •
03902-20-00 LED photo cell $20.73 5 $125.42
01562-12-98/99 wire(pole) $0.29 250 $87.73
01632-04-01 UG wire $0.47 1000 $568.70
08165-22-30 Conduit 2" $1.34 800 $1,297.12
08149-49-22 Elbow 2" $7.35 14 $124.51
UG labor $18,657.00
Lineman Labor $8,556.58
Engineering $2,009.78
Misc./landscaping $14,128.20
Material $34,802.69
Labor $29,223.36
Vehicles $20,908.80
Misc. $14,128.20
Total $99,063.05
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