HomeMy WebLinkAboutVectren/BPWAPPROVED AS TO FORM BY~)~
UTILITY REIMBURSEMENT AGREEMENT
THIS AGREEMENT, made and entered into this 13 day of September ,2oo~9_4_, by and
between VectrenEnergyDeliveryoflndiana ,PartyoftheFirstPart, hereinafler referred to as the
utility, and the Board of Public Works, Carmel , Indiana, Party ofthe Second Part, hereinafter
referred to as the Board.
WITNESSETH:
WHEREAS, the Board desires to make certain highway improvements, consisting of projects
for Gray Road from q6th to lO6th Street, Carmel, Indiana, hereinafter referred to as the "Project".
WHEREAS, due to said highway construction, certain adjustments, removals, alterations and
releeations of the existing facilities of the Utility will have to be made as shown on Exhibit "A" attached
hereto and by this reference made a part of this agreement, and,
WHEREAS, it is in the best interests of the utility and the Board for the Utility to make the
necessary adjustments, removals, alterations and/or relocations of its existing facilities as shown in Exhibit
"A" with the utilities regular construction and maintenance forces, or by a contractor paid under a
contract let by the Utility.
NOW, THEREFORE, for and in consideration of the mutual covenant herein racited, the Utility
and the Board do herein agree as follows:
SECTION I. The Utility with its regular construction or maintenance crew and personnel, at its
standard schedule of wages and working hours, or by an approved contractor, will make the necessary
adjustments, removals, altemtinns and/or relocation in its existing facilities as shown on Exhibit "A". The
preliminary estimated cost there of is $ $ 32;.3.~6.oo As shown on the estimate attached hereto, marked
Exhibit "B", which said Exhibit "B" is hereby made a part of this agreement.
SECTION II. The Utility will be reimbursed for its actual costs of the work in Exhibit "B" upon
presentation of itemized bills to the Board from the Utility. The utility accounts and the accounts and
records of any contractor or subcontractor involved in carrying out the purpose of 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 City of Carmel for a period of not less than three (3) years from date
final payment has been received by the Utility.
Should the accumulated costs of the work materially exceed the Exhibit "B'f preliminary estimated
costs due to conditions not known or anticipated at the time of estimate preparation, and no substantial
change in the scope of work, method of installation, change in location, or other change of similar nature
has taken place, the Utility shall notify the Board in writing of sueh fact and the reasons therefor as
promptly as possible.
The payments to the utility will be made on the basis hereinafter set forth;
Progress or Final Billing. The Utility may submit progress billings reflecting the actual cost
incurred or it may submit a final billing upon completion of the project. It is agreed that
progress payments be made by the Board to the Utility for not more than ninety-five percent (95%) of the
total amount of work done as shown on monthly statements or when the amount due the Utility equals
$1,ooo.oo or more, said progress billing to be paid within sixty (6o) days of receipt. It is further agreed
that upon receipt of a final bill, prepared in the same format as the estimate Exhibit ~ B% the Utility shall
be reimbursed for such items of project work, project expense, and project retainage within ninety (9o)
days after issuance of the audit report.
Provided, however, that all relevant books, records and accounts of the utility and the accounts
and records of any contractor or subcontractor involved in carrying out the proposed work to which a
payment for a relocation has been made by the Board, shall be audited by the Board and the Utility
following such audit shall delete those items from the final bill or refund that portion of the payment for
which it is not entitled to reimbursement. The billing shall be compatible with the format as used in
Exhibit '~B".
SEC~TION III. The Utility shall not start work on the work contemplated by this Agreement until
written notice has been given to the Utility by the Board that the work has been authorized and that funds
are available to reimburse the Utility, nor until a satisfactory starting date has been established with the
City of Carmel.
SECTION IV. The Board shall reimburse the Utility for the work or expense shown on Exhibit
'~B" and all other work or expense performed or incurred pursuant to the written direction of the Board.
SECTION V. The Utility, its contractor and subcontractors, ff any, shall not discriminate against
any employee or applicant for employment, to ha employed in the performance of this contract, with
respect to his hire, tenure, terms, conditions or privileges of employment, or any matter directly or
indirectly related to employment because of his race, color, religion, national origin or ancestry. Breach of
this convening may be regarded as a material breach of the contract.
SECTION VI. The utility itseff, its employees, agents and representatives, shall indemnify,
protect and save harmless the Board from and against any and ali legal liabilities and other expenses,
claims, costs, losses, suits or judgments for damages, or injuries to or death of persons or damage to or
deslcaction of property (hereinafter "Claim"), arising out of intentional tortuous of or arising out of the
contributing or sole negligence of the Utility, its employees or agents or contractors, in relation to or in
connection with any work performed orto be performed pursuant to this Agreement, provided, however,
that where said Board is guilty of negligence with respect to the ocourrence or eecurrences giving rise to the
Claim, the Utility shall have no duty to indemnify, protect, or same harmless the Board.
SECTION VII. The Utility shall acquire a permit from the City of Carmel Engineers Office for all
work done within County right~of-way under this agreement. No fees will be assessed for the permit, but a
bond will be required.
SECTION VIII. The Utility, its contractor and subcontractors, ff any, shall abide by all terms and
conditions of permits issued to the Board, or other City of Carmel agencies for the Project including, but
not limited to, permits from the United States Army Corps of Engineers, Indiana Department of
Environmental Management, and Indiana Department of Natural Resources. All work will be in
compliance with the requirements of3~7 IAC ~-5 (Rule 5).
SECTION IX. This Agreement shall not be binding until executed in full by both parties.
IN WITNESS WHEREOF, 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:
Vectren Enerzv D~J~rv of Indiana
ATTEST:~%/~/
(Secretary of utility - Signature)
Ronald E. Christian
(Secretaries Name Printed or Typed)
Eric J. Schach
(Officers Name Printed or Typed)
Vice President - Energy Delivery
(Officers Position)
ACKNOWLEDGMENT
State of Indiana County of Vanderburlsh SS:
Before me, the undersigned Notary Public in and for said County, personally appeared
Ronald E. Christian~ Exee. VP & Sec., and Eric' J. Sehach - Vice Pres. Energy Dleivery
(Name and Offices of Signers of Utility)
Vectren Energy Delivery o£ Indiana, Inc.
(Name of Utility)
and acknowledged the execution of the foregoing contract on this 15tlday of Sept. ,2oo~4.
M~;ncTmS m~aon; anExpd2al the said last day' . _~_ ~_~_ _~i~na~~_~
August 29, 2008 Deborah A. Hague
(Notary Public, Printed or Typed)
Warriek
County of Residence
BOARD OF PUBLIC WORKS
CARMEL, INDIANA
CARMEL, INDIANA
Public, Mr. James Brainard. Mayor: Ms. MarvAnne Burke, Member and Ms. Loft Watson, Member
respectively, of the Board of Public Works, Carmel, Indiana, and stated that the above a§reement was
signed and attested in behalf of said Board.
WITNESS my hand and seal this day of
My Commission Expires: /~///q~/o $~
(Not~ry Pu~blic)
(Name Printed or Typed)
(County of Resi ence)
'~ Signature
~n Burl~. Member
Sandra M. Johnson,
Depu~, Clerk for
~VECTREN
September 11, 2004
GRAY ROAD PROJECT
EXHIBIT "A"
VECTREN ENERGY
RELOCATION DRAWING
5 PAGE
