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Home My WebLink AboutUtility Reimbursment Agreement - 126th St Path UTILITY REIMBURSEMENT AGREEMENT Multi-Use/Non-road Improvement Project - Actual Cost City of Carmel – 126th Street MU Path (Revised 2-27-20) THIS UTILITY REIMBURSEMENT AGREEMENT (the “Agreement”), is made and entered into this 28th day of July, 2020 (the “Effective Date”), by and between Duke Energy Indiana, LLC, an Indiana limited liability company (“DEI"), and the City of Carmel, Indiana (“Carmel”). Hereinafter, DEI and Carmel may be individually referred to as a “Party” and collectively as the “Parties.” WITNESSETH: WHEREAS, Carmel and DEI entered into that certain Provisional Utility Relocation Cost Payment Agreement (“PURCPA”), effective as of April 15th, 2020, a copy of which is attached hereto and incorporated herein as “Exhibit C”, pursuant to which the Parties reached a provisional agreement relating to the allocation of costs for relocating certain electric facilities for multi-use improvement projects and/or from above ground to underground facilities with respect to those Projects defined in the PURCPA; and. WHEREAS, DEI has constructed and now operates and maintains certain facilities upon, in or along 126th Street (between Keystone Pkwy and Hazel Dell Pkwy) in Hamilton County, Carmel all of which are more particularly depicted or described on the attached “Exhibit A” (hereinafter referred to as “the Utility Facilities”); and WHEREAS, Carmel has requested that DEI relocate the Utility Facilities to another position owned or acquired by Carmel, as depicted or described on “Exhibit A” (the “Relocation Area”); and WHEREAS, the Parties have determined that the Relocation Area is suitable, and DEI is willing to relocate the Utility Facilities to the Relocation Area; provided that Carmel reimburses DEI for the actual costs incurred by DEI to relocate the Utility Facilities as set forth in the PURCPA and referred to therein as “Disputed Costs”; and DocuSign Envelope ID: DB2DB38B-06DF-4D2A-BFCB-A2728BAEC8A5 2 WHEREAS, Carmel is willing to reimburse DEI for such present and future costs in accordance with the terms of the PURCPA incorporated herein; NOW, THEREFORE, for and in consideration of the mutual promises from, to and between DEI and Carmel, hereinafter contained, DEI and Carmel do hereby agree to and with each other, as follows: SECTION I. DEI will relocate the Utility Facilities to said Relocation Area in a manner, as depicted or described on “Exhibit A” (hereinafter referred to as “the Project”). The preliminary estimated Disputed Costs for the Project is as follows $30,211.93 (the “Estimated Disputed Cost”) as shown on the attached “Exhibit B”. SECTION II. Subject to the terms and conditions specified in Sections II of the PURCPA, Carmel shall reimburse DEI for the actual costs incurred by DEI to perform the Project in accordance with the following schedule: (i) after the execution of this Agreement DEI shall invoice Carmel for and Carmel shall pay DEI, in advance, fifty percent (50%) of the Estimated Disputed Costs within thirty (30) days after the Effective Date of this Agreement; (ii) the remaining 50% of the Estimated (or if complete, the Final) Disputed Costs shall be due and payable as set forth in the PURCPA, within one hundred and eighty (180) days after Carmel has received written notice from DEI in the form of an invoice that DEI has Commenced Work; and (iii) upon completion of the Project (a) If the actual costs incurred by DEI to perform the Project exceed the Estimated Disputed Costs, Carmel shall pay the additional amount due in accordance with Section II. (I) of the PURCPA. All invoices shall include supporting documentation to substantiate the claim. 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 necessary by Carmel to support such invoice. SECTION III. DEI shall not start the Project until the following has occurred: (a) written notice has been given to DEI by Carmel that (i) the Project has been authorized and funds are available to reimburse DEI, and (ii) all necessary public road right of way DocuSign Envelope ID: DB2DB38B-06DF-4D2A-BFCB-A2728BAEC8A5 3 has been acquired for the Project, (b) Carmel has denoted the public road right of way line in the area of the Project, by staked survey at not more than 100-foot intervals with station markings, (c) Carmel has trimmed/removed all vegetation away from the public road right of way in the area of the Project, as reasonably determined by DEI, and (d) Carmel and DEI have executed this Agreement. SECTION IV. 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 V. DEI shall indemnify and hold harmless Carmel 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 arising out of the Project (hereafter "Claim"); provided, however, that where Carmel is negligent or engages in intentional misconduct with respect to the occurrence or occurrences giving rise to the Claim, DEI shall have no duty to indemnify and hold harmless Carmel. 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. DocuSign Envelope ID: DB2DB38B-06DF-4D2A-BFCB-A2728BAEC8A5 4 DUKE ENERGY INDIANA, LLC Cynthia A. Rowland Signature Sr. Engineering Technologist Title July 28, 2020 Date DocuSign Envelope ID: DB2DB38B-06DF-4D2A-BFCB-A2728BAEC8A5 5 Approved and Adopted this ______ day of ____________________ 2020 By: CITY OF CARMEL, INDIANA By and through its Board of Public Works and Safety BY: James Brainard, Presiding Officer Date: Mary Ann Burke, Member Date: Lori S. Watson, Member Date: ATTEST: Sue Wolfgang, Clerk Date: DocuSign Envelope ID: DB2DB38B-06DF-4D2A-BFCB-A2728BAEC8A5 7th 10/7/2020 October 10/7/2020 10/7/2020 Not Present Exhibit A DocuSign Envelope ID: DB2DB38B-06DF-4D2A-BFCB-A2728BAEC8A5 Estimate Request:Work Site:Master WO:Estimate Version:Estimated On:5818758TD-IN36944938506/10/2020At:01:02:53 PMBy:MAXADMININDOT Des 1401703 126th Street MultiusePath@SUBMIT_FOR_ESTIMATE@@SUBMIT_FOR_ESTIMATE@1INDOT Des 1401703 126th Street Multiuse PathINDOT Des 1401703 126th Street MultiusePath@SUBMIT_FOR_ESTIMATE@@SUBMIT_FOR_ESTIMATE@1Request Type:JOBEstimate Type:INPROG06/10/2020 13:09Informational Use OnlyPage 1 of 2Host: http://entdukerpt.duke-energy.com/ReportServerCU EstimateReport Last Refreshed on: Job Cost SummarySorted by: Site, Employee Name06/10/2020 13:08Exhibit BDocuSign Envelope ID: DB2DB38B-06DF-4D2A-BFCB-A2728BAEC8A5 Show Report CriteriaInternalExternalTotalLabor HoursLabor Hours - On Site:147.74147.74Labor Hours - Off Site:000Total Labor Hours:147.740147.74CostsLabor Cost:14324.83014324.83Services Cost:14401440Tools Cost:000Total Labor, Services, & Tools Cost:14324.83144015764.83New Material Cost:2971.8702971.87Less Salvage:00Total Material Cost:2971.8702971.87Total Overheads:7281.38Total Gross Cost:26018.08Less Applied Contributions:0Total Net Cost:26018.08Plus Total Deferred Cost:0Total Estimated Cost:26018.0806/10/2020 13:09Informational Use OnlyPage 2 of 2Host: http://entdukerpt.duke-energy.com/ReportServerCU EstimateReport Last Refreshed on: Job Cost SummarySorted by: Site, Employee Name06/10/2020 13:08Exhibit B30211.934193.854193.85Plus CIAC Tax:DocuSign Envelope ID: DB2DB38B-06DF-4D2A-BFCB-A2728BAEC8A5 Exhibit CDocuSign Envelope ID: DB2DB38B-06DF-4D2A-BFCB-A2728BAEC8A5 Exhibit CDocuSign Envelope ID: DB2DB38B-06DF-4D2A-BFCB-A2728BAEC8A5 Exhibit CDocuSign Envelope ID: DB2DB38B-06DF-4D2A-BFCB-A2728BAEC8A5 Exhibit CDocuSign Envelope ID: DB2DB38B-06DF-4D2A-BFCB-A2728BAEC8A5 Exhibit CDocuSign Envelope ID: DB2DB38B-06DF-4D2A-BFCB-A2728BAEC8A5 Exhibit CDocuSign Envelope ID: DB2DB38B-06DF-4D2A-BFCB-A2728BAEC8A5 Exhibit CDocuSign Envelope ID: DB2DB38B-06DF-4D2A-BFCB-A2728BAEC8A5 Exhibit CDocuSign Envelope ID: DB2DB38B-06DF-4D2A-BFCB-A2728BAEC8A5 Exhibit CDocuSign Envelope ID: DB2DB38B-06DF-4D2A-BFCB-A2728BAEC8A5 Exhibit CDocuSign Envelope ID: DB2DB38B-06DF-4D2A-BFCB-A2728BAEC8A5 Exhibit CDocuSign Envelope ID: DB2DB38B-06DF-4D2A-BFCB-A2728BAEC8A5 The Honorable James C. BrainardExhibit CDocuSign Envelope ID: DB2DB38B-06DF-4D2A-BFCB-A2728BAEC8A5 4-15-2020James C. Brainard, Mayor, by Ashley M. Ulbricht, Carmel City AttorneyExhibit CDocuSign Envelope ID: DB2DB38B-06DF-4D2A-BFCB-A2728BAEC8A5