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Home My WebLink AboutDuke Energy Indiana, LLC/Eng/Utility Reimbursement Agreement/Gray and Main RoundaboutUTILITY REIMBURSEMENT AGREEMENT Local Government- Easement Tn Eacprnpnt/Rnarl _ Pvpcnrppn IvILy V1 var niC1 — moray anu Ividin Ituuwluarwuy (Revised '12l3/14) THIS AGREEMENT, made and effective this day of , 20 is by and between Duke Enerby Indiana. LLC, an Indiana electric -public utility invited liability company (hereinafter referred to as "DEI ). , and City of 'Carmel in Indiana (hereinafter referred'to as "the Local Government"). WITNESSETH: WHEREAS, as an Indiana public utility,; .DEI :has the right under Indiana law to construct, operate ..and maintain its;utility facilities upon Indiana public road right of way including but not limited to, GMk Rd in Carmel, Indiana; :and WHEREAS, DEI has constructed and now operates and maintains certain electric line facilities near or adjoining Grav Rd, all of which are 2more particularly depicted or described on the attached Exhibit W (hereinafter referred .to as 'the Utility Facilities"); and WHEREAS, the Local Govemment needs to make certain improvements toi or Within Gray Rd; and the . Local Government and DEI have determined that the -Utility Facilities will need. to ,be relocated before this improvement can be made by the. Local Goverrmment; and WHEREAS; in addition to any part of the relocation area which is located on an' existing easement area of.DEI, the Local Government has acquired or will acquire at the expense of the Local Govemment, a relocation area .which is located upon public road' right of way, both of which relocation areas DEI hasdetermined are suitable and are hereinafter referred to as "said relocation area"; :and WHEREAS, the Local Government has requested DEI to relocate the Utility Facilities to said relocation area, as depicted or described on Exhibit"A;" and WHEREAS, DEI is willing to relocate the _Utility Facilities to said relocation area; provided that the Local Government reimburses DEI for the costs incurred by :DEI. so to do, and for any costs actually incurred by DEI in the future in the event the Utility Facilities need to be adjusted, removed, supported, .altered, and/or relocated at any time or times (a) for another highway'improvement project. and/or for any other project of the Local Government or other governmental entity; and WHEREAS, the Local Government is willing to reimburse DEI for such present and future costs subject to the`terms and conditions contained herein. NOW, THEREFORE, for and. in ,consideration of the mutual promises .from, to and between DEI and the Local Government, hereinafter contained, DEl and the. Local Government do hereby agree to and with each other, as follows: :SECTION 1. DEI will relocate the Utility Facfiites to said relocation area, as depicted or described on Exhibit "A" (hereinafter referred to as "the Work"). The preliminary estimated cost thereof is 22,183.08 as shown on the attached Exhibit "B". SECTION 11. The Local Government shall reimburse DEI for the actual costs incurred by DEI to: perform the Work within forty five (45) days after receiving a written, itemized statement from DEI. Said statement shall include supporting documentation to substantiate the claim. .Such supporting documentation shall include, but shall not be limited to, copies ,of material , nYoi.ces, timesheets, vendor and/or contractorinvoices and other such documents as may be deemed necessary by the' Local .Government to support such invoice. DEI shall have the'right to submit such statements for progress ,payments as'the Work proceeds. SECTION III. DEI shall not start the Work until the following has:occurred: (a) written notice .has. been given to DEI by the Local Government that (i) the Work.has` been :authorized and funds ate available to. reimburse DEI, and (ii) all necessary public road right of way has'been acquired forthe'Work, GJ (b) the Local Government has denoted the public road right of way {ine in the area of the Work, by staked survey at not more than 100 foot intervals with station markings, (c)' the Local Government has trimmed/removed :all vegetation away from the public road right of Way in the. area _of the Work,. as reasonably determined by .DEI, and (d) the Local Government and DEI have executed this Agreement. .SECTION IV. The Local Government shall also "reimburse DEI for any :costs actually incurred by DEI in the future in the .event the Utility Facilities need to be adjusted, removed,. supported, altered, and/or relocated at any time or times (a) for another Local Government highway improvement project and/or (b) for any other project of the Local Government or other governmental entity. SECTION V. DEI shall not discriminate against any employee or applicant for employment, in the:performance of this Agreement, 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, national origin or ancestry. Breach of this covenant may be regarded as a material breach of this Agreement. :SECTION VI. DEI :shall indemnify and hold harmless the Local. Government from and against.any and. all .legal liabilities and other expenses,_ claims, costs, losses; suits or judgments fordamages, or injuries to or death of persons or damage'to or destruction of property arising out of the Work (hereafter "Claim');, provided, however, that. where the Local Government is negligent or engages in intertional misconduct with respect to the occurrence or occurrences giving rise to the Claim; DEI shall have no duty to iridemn'rfy and hold harmless the Local Government. (Remainder of page.intentionaliy`lift blank.) 3 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by through their duly authorized representatives, effective the date first above written. DUKE ENERGY INDIANA, I.I.C. (SWaturiB) Tmothy P. Umbaugh ( Name, Printed .or Typed) Manager, Distribution Design ( Position) City of Carmel By:. Lei2 [%� Printed Name: Printed Title: Dated: By /�/!�� !✓� Printed Naps%: M/// is /},0N 01J9,14,e Printed Title: / �[ eA _ e e. Dated: By: / Printed Na e: . e, Printed Title: Dated:-- ' Attest; G -Treasurer El Upstream Protection Safety Reminders/ Adverse Conditions Other Project Notes Typ.(.d—,, bra.k.,, —Sonalaar). ID, Location rYour Circle of SAY REMEMBER: Work zone area condidons may have changed for this job. SAFETYFirst Everyone Is responsible for verifying the safety Information Is correct prior to any work being performed each day. r liNW, i 11 1 VIP 1 11 U111 EXHIBIT A J tr ......... . ..... < 0 1 C9 ........ -------- - - ZZZ,":, . . .. .. . . .. . .......... 3Y-1 M- 5,r Nam ad. A Mahh—bm 9"73 IwT M R- li ........... ..... . . ...... w— 13 — .................. ..... . ......... ...... "-REE . . . . . ---- — -- ----- T ... !'&TREE 11S7 Bae leWnknm 9• . .. . .......... . ..... . ... ...... .............. . . ............ .1p Pak, . ....... J., F3 z J i,ry p 01 I f CA INVhi z ICY T—h 4r M10— DqMM I X, "Z I S i 700ABW —k5 MM Mbe i14 u", d LF441: C. It w Work Plan Print General Information Work Order Information Circuit Information Duke Energy Legend 12W DISWbutIDn Lbae INDOTDES # WA DIstdbution alstdbuftn 0 Existing Duke Pole C-- E.IsMg D�guy efat, DUKE Cty * OH MAL UG MahL OU I Center ABC Sub Proposed Duke Polo 6—Proposed Dmguy `Q?'ENERGY. Grey Rdand wh' Stof RoundaboutConshuctlon Transelsslan Line a— 4242017 —"ou atthelat—don.[Grayfload.rdMainStreet Gray Read and We Street RAB #-x Nxu VNISN 12## Chult 0 Remove Duke Pole I — CkyofCamal Tronstalsslo Transmission 0 Existing Foreign Polo — Diatribugon We Bryon Sueeter 317-703-Ml H.'al[We Coualy, Iw—Emaxp Instn Rare —N/A 0 Proposed Foreign Pole — Second Una Knowwhftbelon sm D"" SHEET OF Remove OHM OU'C""r 7,D:E=.a I NIA 0 Remove Foreign Polo Overhead Light MY T—Np NIA WA WA Mbdomyouctig. Host: http://entdukerpt.duke- EXHIBIT B Report Last Refreshed on: energy.com/ReportServer Work Authorization Cost Summary 04/24/201710:08 Project ID: RELDIN \ Direct Costs Fully Loaded construction - $16,40y.0b Sub Total Construction Cost: ( $18,459.56 $22,183.68 100.0% *If Total Project Cost is over $50k (including Install, Retirement, O&M, and Pre -Cap) it requires a Specific WO Company Labor $1,626.50 *Labor % is the percentage of estimated labor cost in relation to the total estimated labor costs of the project, calculated using estimated labor hours and rates without loads. 04/24/2017 10:08 Informational Use Only Page 1 of 2 WO: 21176727 Contractor Hours 0 WO DESCRIPTION: Gray Road and Main Street REIMBURSABLE Company Hours 142.13 CUE: 1122765 Total Hours 142.13 Direct Costs Fully Loaded construction - $16,40y.0b Sub Total Construction Cost: ( $18,459.56 $22,183.68 100.0% *If Total Project Cost is over $50k (including Install, Retirement, O&M, and Pre -Cap) it requires a Specific WO Company Labor $1,626.50 *Labor % is the percentage of estimated labor cost in relation to the total estimated labor costs of the project, calculated using estimated labor hours and rates without loads. 04/24/2017 10:08 Informational Use Only Page 1 of 2 Host: http://entdukerpt.duke- CU Estimate Report Last Refreshed on: energy.com/ReportServer Work Authorization Cost Summary 04/24/201710:08 )verheads Indiana Labor $1,003.5: Credit $2,630.05 Sub Total Retirement Cost:1 $2,630.05 $1,094.07( $1,094.07 € Total Cost: $22,183.68 Completion Report/Construction: I Approval Authorization: Date Approval Authorization: Date Date Work Started: Completion Date: . Completed By: Prepared By: CBM: — 04/24/2017 10:08 Informational Use Only Page 2 of 2 Exhibit C EXHIBIT C — e Historic Fort Harrison EngineeringPOVIEner-W 13901 Otis Avenue Surveying LIS Indianapolis, IN 48218 Architecture 317-826-7100 GIS•og Sc�1&P 317-828-7110 FAX Geology Permanent Easement Gray Road Transmission Line Pt NE 114, Sec 29.18N -04E Clay Township Hamilton County, Indiana LEGEND XX — Parcel Number E:/::/:7:1 —Permanent Easement — Denotes Deed Line or Ownership Change Exhibit "A" NE CORNER OF THE NE 1/4 SECTION 29 -18N -4E IRON PIN FOUND 1.0' DOWN NORTHING = 14522821.964 EASTING = 1895449.095 SMOKEY ROW ROAD (136th STREET) TERMINUS 1 � � �I Q 1 I0 An q _ 05 9 CHRIST COMMUNITY CHURCH (PCA), INC. I Grid Nath AN INDIANA CORPORATION OF HAMILTON COUNTY, (�! Scale 1'=100' IN THE STATE OF INDIANA t //a M 0 5D 100 CORPORATE WARRANTY DEED AUGUST 17, INSTR. X9549176176 o SE CORNER OF THE NE 1/4 SECTION 29 -18N -4E I �� BRASS PLUG FOUND NORTHING = 14520177.564 EASTING = 1895481.872 POINT OF BEGINNING V I,f.,' / E W E 131st ST. (E. MAIN STREET) (S.R. 234) S LINE, NE 1/4 NOTE: The horizontal data shown on this survey are based upon a positional solution derived from Global Positioning System' (GPS) observations processed by National Geodetic Survey (NGS) utilizing their Online Positioning User Service (OPUS) software. The coord'mate values shown are In the Universal Transverse Mercator — Zone 16 North on the 1983 North Americo n Datum utilizing the Continuously Operating Reference Stations (CORS) adjustment as determined by NGS (NAD 83, CORS 96, EPOCH 2002-000, US Survey feet). NOTE A9 bearings, distances and coordinates are referenced to the Unhwsal Transverse Mercator — Zone 16 North (NAD83) Coordinate System. Combined Scale Factor for this project is 0.99954275. Distances shown hereon are GROUND distances Combined Scale Factor has been appried. This dowing Is not intended to be represented as a retracement or original boundary survey, a route survey, or l/ 7 aj;tA 1J. a Surveyor Location Report Q Carolina L Candler. Registered Land Surveyor #20400008 ,lob No. 7015.001 February 13, 2009 He No. T:\7k\7015\001\dwgs\Parcds\Parcd 05\Parcel 05.dwg Date 02/13/09 KKE 37 - No. - 56= z040'000s STATE OF %i�I�i"��ipr n urRn ��`y�\\• (Sheet 1 of 1) Gray Road Transmission Route Parcel 05 Pt NE 1/4, Sec. 29 -18N -4E Clay Township Hamilton County, Indiana Owner: Christ Community Church (PCA), Inc. An Indiana Corporation of Hamilton County, In the State of Indiana Corporate Warranty Deed August 17, 1995 Instr. #9549176 545.00 linear feet permanent easement 35,425 square feet permanent easement 0.01 acres permanent easement Permanent Easement Part of the Northeast Quarter of Section 29, Township 18 North, Range 4 East of the Second Principal Meridian in Hamilton County, Indiana, being a strip of land 65 feet in width lying west of and adjoining the following described line: Beginning at the Southeast Corner of said Quarter Section, said corner being at Universal Transverse Mercator - Zone 16 North (North American Datum of 1983,CORS 96 EPOCH 2002.000) coordinate 14520177.564 North and 1895481.872 East; thence North 00 degrees 42 minutes 36 seconds West (grid bearing based on said UTM Zone 16 North) along the east line of said Quarter Section a distance of 545.00 feet (all distances in this description are horizontal ground distances) to the north line of the Grantor's land also being the Terminus. The sidelines of said strip being lengthened or shortened to intersect with the north line and the south line of the Grantor's land. Coralina L. Candler = 20400008 Registered Land Surveyor #20400006 si:.n: T January 23, 2009 This drawing is not intended to be represented as a retracement or original boundary survey, a route survey, or a Surveyor Location Report Schneider Corporation Job No. 7015.001 January 23, 2009 kke Document No. T:\7k\7015\001\dwgs\Parcels\Parcel 05\Parcel 05.doc Historic Fort Harrison Engineering $ 8901 Otis Avenue Surveying Y Indianapolis, IN 46216 Landscape 317-826-7100 Architecture -Schneider 317-126-7200 FAX GISOLIS Geology Gray Road Transmission Route Parcel 05 Pt NE 1/4, Sec. 29 -18N -4E Clay Township Hamilton County, Indiana Owner: Christ Community Church (PCA), Inc. An Indiana Corporation of Hamilton County, In the State of Indiana Corporate Warranty Deed August 17, 1995 Instr. #9549176 545.00 linear feet permanent easement 35,425 square feet permanent easement 0.01 acres permanent easement Permanent Easement Part of the Northeast Quarter of Section 29, Township 18 North, Range 4 East of the Second Principal Meridian in Hamilton County, Indiana, being a strip of land 65 feet in width lying west of and adjoining the following described line: Beginning at the Southeast Corner of said Quarter Section, said corner being at Universal Transverse Mercator - Zone 16 North (North American Datum of 1983,CORS 96 EPOCH 2002.000) coordinate 14520177.564 North and 1895481.872 East; thence North 00 degrees 42 minutes 36 seconds West (grid bearing based on said UTM Zone 16 North) along the east line of said Quarter Section a distance of 545.00 feet (all distances in this description are horizontal ground distances) to the north line of the Grantor's land also being the Terminus. The sidelines of said strip being lengthened or shortened to intersect with the north line and the south line of the Grantor's land. Coralina L. Candler = 20400008 Registered Land Surveyor #20400006 si:.n: T January 23, 2009 This drawing is not intended to be represented as a retracement or original boundary survey, a route survey, or a Surveyor Location Report Schneider Corporation Job No. 7015.001 January 23, 2009 kke Document No. T:\7k\7015\001\dwgs\Parcels\Parcel 05\Parcel 05.doc Historic Fort Harrison Sv 8901 Otis Avenue Surveying Indianapolis, IN 48218 Architecture .ETIs 317-82-7100 GI $chneideir 317-8286-7110 FAX Geology Permanent Easement Exhibit "A" Gray Road Transmission Line Pt SE 114, Sec 29.18N.04E NE CORNER OF THE SE 1/4 Clay Township SECTION 29 -18N -4E Hamilton County, Indiana BRASS PLUG FOUND LEGEND (E: MAIN STREET) (S.R. 234) XX — Parcel Number E 131st ST. Permanent Easement o POINT OF BEGINNING —Denotes Deed Line or NORTHING=14520127.391 Ownership Change FASTING=1895442785 N89'43'17"E — — — — — — 589'43'17°w 40.00' -- - f/ 20' DRAINAGE, UTILITY, &� SCREENING EASEMENT (PER PLAT) I 40' R/W d O6A = W HELEN L PORTWOOD —- WARRANTY DEED N Z - NOVEMBER 18, 1999 0En C4�Z/ Grid Norah INSTR. #199909968099 '[oV ill Scale 1'=30' 3 n I1-4 0 15 30 ;C! LOT 118 M, BROOKSHIRE NORTH z SECTION THREE BOOK 5, PAGE 183-184 ISI NOTE All bearings, distances and coordinates are II/ I 9. referenced to the Universal / Transverse Mercator — Zone 16 North (NAD83) Coordinate System. CombinedS77'18'57wW are Scale Factor for this project Is 0.99954275. Distances shown hereon a18.2D' GROUND distances Combined Scale Factor has been applied NOTE; The horizontal data shown on this survey are based upon a positional solution derived from pabal Positioning System (GPS) observallons processed by Nationd Geodetic Survey (NGS) utilizing their Online Positioning User Service (OPUS) software The coordinate values shown are in the Universal Transverse Mercator — Zone 16 North on the 19113 North American Datum utilizing the Continuously Operating Reference Stations (CORS) adjustment as determined by NGS (NAD 83, CORS 96, EPOCH 2002—W0, US Survey feet). This drawing Is not intended to be represented as a retracement or original boundary survey, a route survey, orm a Surveyor Location Report a 1 Jab No..7015.001 File No. T.\7k\7015\001\dwgs\Parcds\Parcd 06A\Parcel O6A.dwg Date 03/4/09 KKE SE CORNER OF THE SE 1/4 SECTION 29 -18N -4E RAILROAD SPIKE FOUND NORTHING = 14517533.731 EASTING = 1895529.566 E. 126th ST. Carolina L Candler Registered Land Surveyor #20400008 March 4, 2009 W V) LJ z W 1 of 1) (&Iz� Schneider Gray Road Transmission Route Parcel 06A Pt SE 1/4, Sec. 29 -18N -4E Clay Township Hamilton County, Indiana Owner: Helen L. Portwood Warranty Deed November 18, 1999 Instrument 0199909968099 3166 square feet permanent easement 0.07 acres permanent easement Permanent Easement Historic Fort Harrison Engineering 8901 Otis Avenue Surveying Indianapolis, IN 46216 Landscape 317-826-7100 Architecture 317-826-7200 FAX GIS*LIS Geology Part of Lot 118 in Brookshire North - Section Three Subdivision recorded in Plat Book 5, Pages 183-184 in the Office of the Recorder of Hamilton County, Indiana, being described as follows: Beginning at the northeast corner of said Lot 118, said corner being at Universal Transverse Mercator - Zone 16 North (North American Datum of 1983,CORS 96 EPOCH 2002.000) coordinate 14520127.391 North and 1895442.785 East; thence South 01 degrees 02 minutes 01 seconds East (grid bearing based on said UTM Zone 16 North) along the east line of said Lot a distance of 148.24 feet (all distances in this description are horizontal ground distances); thence South 77 degrees 18 minutes 57 seconds West along the south line of said Lot a distance of 18.20 feet; thence North 03 degrees 26 minutes 47 seconds West a distance of 152.37 feet to the north line of said Lot; thence North 89 degrees 43 minutes 17 seconds East along the north line of said Lot a distance of 24.25 feet to the Point of Beginning, containing 0.07 acres, more or less. ,mlt8ifltltrrn,,,. A1114IL�Candler Y Registered Land Surveyor 020400008 March 4, 2009 This drawing is not intended to be represented as a ret survey, a route survey, or a Surveyor Location Report v\•''r. it No. 20400008STAM or. icemen or original boundary Schneider Corporation Job No. 7015.001 March 4, 2009 laj Document No. \\tsc.schneidercorp.com\Production\7k\7015\001\dwgs\Parcels\Parcel 06A\Parcel 06A.doc City ®f Carmel INDIANA RETAIL TAX EXEMPT CERTIFICATE NO. 003120155 002 0 Page 1 of 1 PURCHASE ORDER NUMBER SHIPPING INSTRUCTIONS FEDERAL EXCISE TAX EXEMPT 100501 ONE CIVIC SQUARE 35-6000972 THIS NUMBER MUST APPEAR ON INVOICES, AIP CARMEL, INDIANA 46032-2584 FORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL - 1997 VOUCHER, DELIVERY MEMO, PACKING SLIPS, SHIPPING LABELS AND ANY CORRESPONDENCE PURCHASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO. DESCRIPTION 6/9/2017 370686 Project 16 -ENG -55 DUKE ENERGY City Engineering's Office VENDOR PO BOX 602566 SHIP 1 Civic Square TO Carmel, IN 46032 - CHARLOTTE, NC 28260--2566 Kate Lustig PURCHASE ID BLANKET CONTRACT PAYMENT TERMS FREIGHT 16136 QUANTITY UNIT OF MEASURE DESCRIPTION UNIT PRICE EXTENSION Department: 2200 Fund: 0 COIT Bond Fund Account., 94-650.04 1 Each Main Street and Gray Road Distribution Reimbursement $22,183.68 $22,183.68 Agreement Sub Total $22,183.68 Send Invoice To: Skip Tennancour American Structurepoint, Inc. 8425 Wicklow Way Brownsburg, IN 46112 zuie Lul l tsono ,PLEASE INVOICE IN DUPLICATE DEPARTMENT I ACCOUNT W PROJECT A PROJECT ACCOUNT AMOUNT PAYMENT $22,183.68 SHIPPING INSTRUCTIONS ' AIP 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 UNOBLI GATED 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 ;Z AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO. ORDERED BY Jeremy Kashman TITLE Director CONTROL NO. 100501 CLERK -TREASURER Douglas Haney Corporation Counsel