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Home My WebLink AboutPSI Energy, Inc./UtilitiesAPPROVED,_~$ TO.. FORM B~ UTILITY REIMBURSEMENT AGREEMENT The City of Carmel Indiana, acting bY and thr°ugh its B°ard °f ?ubiic W°r'ks a~e~n~i .... ,, . ,, Enerq¥, Inc. an Indiana corp?rabon .(".p~!m~tt S,=f~t~ ( C~ty ) an,d PS. _. ~7;,,,o ,,,,,, ,A,ithstanding the tact that ~om pa effective this 1st day Ot May, zuu~ t-,~, ,, that Permittee is granted executed this Agreement after that date), hereby agree permission by City to install operate, maintain, replace and remove, and to adjust as provided herein, certain utility facilities, consisting of supporting structures, anchors, guys, wires, cables, manholes, ducts, conduits, surface transformers, and appurtenances and fixtures attached thereto, upon, over, along and under the First Avenue Southwest, First Street Southwest and existing Morion Trail rights-of-way (collectively, the "Utility Facilities"), described as follows: starting approximately 175' south of Main Street centedine on east side of First Avenue Southwest; going south along First Avenue Southwest; west a~ong First Street Southwest approximately 400' and north along existing west side of Monon Trail right-of-way inclusive, in Carmel, indiana removal of existing aboveground Utility Facilities; and installation of new underground Utility Facilities such new Utility Facilities to be installed adjacent and parallel to the existing Utility Facilities of Permittee, and within approximately two (2) feet of and inside the existing right-of-way line, all as indicated on the plans for such road expansion identified as the "Old Town Road Improvement Southwest Quadrant" ("Road Improvement Project"). in consideration thereof, Permittee agrees to abide by and following terms and conditions: conform to the The Utility Facilities to be installed, operated, maintained, replaced and removed, and adjusted as provided herein, upon, over, along and under the Old Town Road Improvement Project right-of-way limits shall be maintained in a manner that will not impair, interfere with or impede such Road Improvement Project or the construction, maintenance or safe operation of such Road Improvement Project. Upon written request from City, Permittee agrees to make any and all necessary adjustments to the Utility Facilities that future traffic conditions and/or road improvements necessitate, and City hereby agrees to reimburse Permittee the reasonable costs of making such adjustments within thirty (30) days from receipt of a written invoice from Permittee for the estimated and/or actual amounts of said costs; provided, however, if the actual costs are less than any estimated amount paid by City, Permittee shall refund the difference to City. Permittee agrees to comply with all applicable rules and regulations of City when installing, maintaining, replacing and removing, and when adjusting as provided herein, the Utility Facilities, and, except in a bona fide emergency situation, to obtain all necessary permits and authorizations from City before performing any of such functions on the Utility Facilities. Permittee agrees that, at all times during any installation, maintenance, replacement or removal, and adjustments of the Utility Facilities undertaken pursuant hereto within the limits for Old Town Road Improvement Project, it shall, at its sole expense, provide such watchmen, flagmen, barricades, signs and lights as are reasonably necessary to protect the safety of the traveling public upon Old Town Road Improvement Project, unless otherwise agreed in advance and in writing by City's duly authorized representative. Permittee agrees that all damages to drainage structures, roadbeds, pavement, sidewalks and other Old Town Road Improvement Project appurtenances arising from the installation, maintenance, replacement, adjustment and/or removal of the Utility Facilities shall be repaired at Permittee's sole expense and to City's reasonable satisfaction. Permittee agrees that, excluding a bona fide emergency situation, no portion of the pavement of the Old Town Road improvement Project or any other road affected by the Old Town Improvement project shall be disturbed without the prior written consent of City, which consent shall not be unreasonably withheld or delayed, and that, upon completion of any work upon the Old Town Road improvement Project or any other road affected thereby, all disturbed portions of same shall be restored to a condition which is as close as practicable to the condition they were in at the time such work was commenced thereon. Permittee agrees that, in the performance of this Utility Agreement, it shall comply with the applicable portions of the "State of indiana, Indiana Department of Transportation, Utility Accommodation Policy, Dated September 10, 1990" as amended, covering the occupancy of public highway rights-of-way by utilities, as well as all other applicable federal, state and local laws and regulations, and Permittee agrees to indemnify and hold harmless City from any and al~ loss, damage, and/or liability to the extent caused by Permittee's violation of such laws and regulations. This indemnification obligation shall survive the termination of this Agreement. Permittee agrees to self insure, or to procure and maintain in full force and effect during the term of this Agreement, with an insurer licensed to do business in the State of Indiana, such insurance as is necessary for the 10. 11. 12. 1:3. protection of the City and Permittee from any and all claims for damages or otherwise under any workers' compensation, occupational disease and/or unemployment compensation act, for bodily injuries including, but not limited to, personal injury, sickness, disease or death of or to any and all of Permittee's agents, employees, contractors, subcontractors, outside sources and other persons, and for any injury to or destruction of property, including, but not limited to, loss of use resulting therefrom. Permittee agrees to indemnify, defend and hold harmless City from and against any and all liabilities, claims, demands and/or expenses (including reasonable attorney fees) for injury, death and/or damage to any person or property arising from or in connection with any work performed and/or actions taken or not taken pursuant to or under this Agreement, unless such liabilities, claims, demands and/or expenses arise out of the negligence of City or its agents. This indemnification obligation shall survive the termination of this Agreement. The parties agree that Pemittee and all of its employees, contractors, subcontractors, agents, and other persons under its direction and control shall not be and are not employees of City. Permittee shall require that all of its employees, agents, contractors, subcontractors, and other persons under its direction and control, shall comply with all existing and future laws of the United States, the State of Indiana and City prohibiting discrimination against any employee, applicant for employment or other person in the performance of this Agreement, with respect to the hire, tenure, terms, conditions or privileges of employment and to any other matter directly or indirectly related to employment or subcontracting because of race, religion, color, sex, handicap, national origin, ancestry, age, disabled veteran status and/or Vietnam era veteran status. The parties represent and warrant that they are authorized to enter into this Agreement, that the persons or entities executing same have the authority to bind the party which they represent and that nothing contained herein shall be construed to give any rights or benefits hereunder to anyone other than City or Permittee. The City represents and warrants that the areas designated for the relocation by Permittee of the Utility Facilities, are public road right-of-ways. This Agreement, together with any exhibits attached hereto or reference herein, constitutes the entire agreement between Permittee and City with respect to the subject matter hereof, and supersedes all prior oral and/or written representations and agreements regarding same, and may only be modified by written amendment executed by both parties hereto, or their successors in interest. 14. City agrees to pay Permittee the actual costs (versus estimated costs) of such Road Improvement Project. City agrees to pay Permittee such actual costs within thirty (30) days from the date Permittee provides City with a written invoice for the actual costs. City and Permittee acknowledge that the estimated cost of such installation is $70,000.00 PSI ENERGY INC. (Authorized S~gnature) (Printed Name) CITY OF CARMEL, INDIANA By and th.rough its Board of Public Works and Safety Jan~s Brait3ard,presiding Officer (Name), ,soJ4 (Name), Member Date: /Diana Cordray, IAMC;', ClerK- Date: /~)/,~/0 ~ APF~tOVED ~ = . Date: