LPA Utility Reimbursement Agreement - City to Pay 20% of Construction Costs for Douglas Road Lift – St. Joseph County Board of Commissions

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SECTION 5 — REIMBURSEMENT (a) 0 % of the cost to design and prepare construction plans, specifications and preliminary itemized cost estimate for relocation of the Utility's facilities shall be borne by the LPA. The Utility shall be responsible for 100% of these costs. (b) 80 % of the cost to provide testing and inspection services for relocation ofthe Utility's facilities shall be borne by the LPA, subject to federal reimbursement. The Utility shall be responsible for 20% of the cost to provide testing and inspection services for relocation of the Utility's facilities. In addition to its 20% share, the Utility shall also be responsible for any portion of the LPA's share that is not reimbursed through federal funds. (c) The LPA shall bear 80 % of the cost of relocating the Utility's facilities, subject to federal reimbursement., and 0% of the cost of betterment items. (See Exhibit`B"). The Utility shall be responsible for 20% of the cost of relocating the Utility's facilities and 100% of the betterment items identified in Exhibit `B". In addition, the Utility shall be responsible for any portion of the LPA's share that is not reimbursed through federal funds. The cost of relocation of the Utility's facilities (provided for in (c)) shall equal the amount paid by the LPA to the contractor (based upon the actual units of work performed at the unit prices set out in the contractor's itemized proposal or extra work agreement), selected in accordance with the procedure in Section 2. The estimated cost of relocation, including construction and inspection, is $2,549,100.00. (See Exhibit `B" for an itemized estimate of all anticipated costs, including but not limited to, materials, labor, and equipment costs.) The estimated cost of non -reimbursable relocation work to the utility's facilities is $ 569,820.00 . The Utility has appropriated, duly made and entered of record, the sum of $ 569. 220.00 to apply to the cost of the Project and further agrees to appropriate additional funds if federal reimbursement funds are not available to cover the LPA's 80% of the relocation and inspection costs as set forth in Section 5. A copy of the Utility's official record wherein such appropriation was made is attached as Exhibit "C". SECTION 6 — COMPLETION OF PROJECT Upon final acceptance of the contractor's work (the construction contract) by INDOT and the LPA, the Utility shall be responsible for maintenance, repair, and/or reconstruction of the Utility's facilities. SECTION 7 — WAIVER In consideration for INDOT's participation in this contract, the Utility waives any claim, demand, or expectation it may have in the future against INDOT and/or the LPA based upon any negligent omission and/or commission by INDOT's contractor performing the relocation of the Utility's facilities. SECTION 8 — PAYMENTS Within forty-five (45) days after the contract is awarded, the Utility shall pay the LPA a sum equal to one hundred percent (1001/o) of the Utility's share of the bid price for construction as stated above in Section 5. If an Advice of Change Order (AC) is approved which increases the Utility's share of the Project cost, the Utility shall pay the LPA within thirty (30) days a sum equal to one hundred percent (100%) of such increased cost. If any of the LPA's costs set forth herein are not reimbursed through federal funds, the Utility shall pay the LPA for any unreimbursed funds within thirty (30) days of receiving notice of the amount due from the LPA. All payments shall be made in arrears in conformance with State fiscal policies and procedures Page 3 of 6