HomeMy WebLinkAboutCity of Carmel/PSI EnergyAPPROVED AS TO FORM BY~'~ --
UTILITY REIMBURSEMENT AGREEMENT
THIS AGREEMENT, made and effective this / L'/~day of _~C~2004,
is by and between PSI Enerqy~ Inc., an Indiana electric public utility corporation
(hereinafter referred to as "PSI"), and the City of Carmel, an Indiana municipal
corporation acting by and through its Board of Public Works and Safety (hereinafter
referred to as "the City").
WITNESSETH:
WHEREAS, as an Indiana public utility, PSi has the right under Indiana law to
construct, operate and maintain its utility facitlities upon Indiana public road right of way
including but not limited to, the City's Oak Ridge Road in Carmel, Indiana; and
WHEREAS, pursuant to that legal right, PSi has constructed and now operates and
maintains certain overhead electric line facilities upon Oak Ridge Road which are more
particularly described on the attached Exhibit "A" (hereinafter referred to as "the Utility
Facilities"); and
WHEREAS, the City needs to make certain improvements to Oak Ridge Road, and
the City and PSI have determined that the Utility Facilities will need to be relocated
before this improvement can be made by the City; and
WHEREAS, the City has acquired or will acquire at the expense of the City, a
relocation area on public road right of way for the Utility Facilities which PSI has
determir~ed is suitable; and
WHEREAS, the City has requested PSI to relocate the overhead Utility Facilities to
said relocation area in an underground manner, as described on Exhibit "A;" and
WHEREAS, PSi is willing to relocate the Utility Facilities in an underground manner
to said relocation area; provided that the City reimburses PSI for the costs actually
incurred by PSI so to do, and for any costs actually incurred by PSI in the future in the
event the underground 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 (b) for any other project of the City or other governmental entity; and
WHEREAS, the City is willing to reimburse PSI 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 PSI and the City, hereinafter contained, PSI and the City do hereby agree to
and with each other, as follows:
SECTION I. PSI with its regular construction or maintenance crew and personnel,
at its standard schedule of wages and working hours, or by an approved contractor, will
relocate the overhead Utility Faciliites in an underground manner, as described on
Exhibit "A" (hereinafter referred to as "the Work"). The preliminary estimated cost
thereof is $655,000.00 as shown on the attached Exhibit "B."
SECTION II. The City shall reimburse PSI for the actual costs incurred by PSI to
perform the Work within thirty (30) days after receiving a written, itemized statement
from PSI. PSI shall have the right to submit such statements for progress payments as
the Work proceeds. At such time PSI determines the actual costs of the Work are likely
to exceed by more than $50,000, the preliminary estimated cost as shown in Exhibit "B,"
PSI shall advise the City in writing, specifying the likely amount, and not proceed futher
with the Work until the City notifies PSI in writing to proceed.
SECTION III. PSI shall not start the Work until (a) written notice has been given to
PSI by the City that the Work has been authorized and funds are available to reimburse
PSI, and (b) the City has denoted the public road right-of-way line by staked survey or
other proper means. Delivery of said written notice by the City to PSI shall also
constitute City's affirmation that Jt has acquired the necessary public road right-of-way
area for the relocation area and the Work.
SECTION IV. The City shall also reimburse PSI for any costs actually incurred by
PSI in the future in the event the underground 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 (b) for any other project of the City or other
governmental entity.
SECTION V. PSI, and its contractor and subcontractors, if any, shall not
discriminate against any employee or applicant for employment, to be employed in the
performance of this Agreement, with respect to hedhis hire, tenure, terms, conditions or
privileges of employment or any matter directly or indirectly related to employment
because of hedhis race, color, religion, national origin or ancestry. Breach of this
covenant may be regarded as a material breach of this Agreement.
SECTION VI. PSI shall indemnify and hold harmless the City 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 Work (hereafter "Claim"); provided, however, that where the City is
negligent or engages in intentional misconduct with respect to the occurrence or
occurrences giving rise to the Claim, PSI shall have no duty to indemnify and hold
harmless the City.
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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.
PSI ENERGY, INC.
Jim Stanley
( Name, Printed or Typed)
Vice President
Position)
CITY OF CARMEL,
BY AND THROUGH ITS BOARD OF PUBLIC WORKS AND SAFETY
By: ~ ~/._., ~t~ · Mayor
Printed Title: /'~'/,~/~',~
Dated: /~/~/~q
:~: ~ /~~, ,Member
Printed Title: ~~
Dated: .. - /0- f~- ~
By: ~ , Member
Pri~ed~~'~ ~, ~/ '~ ' , ~~
Prin~ Title: ~_v~F ~
I,
Attest: / ~ _ _ ~
~ ~ -Treasurer
4
Exhibit A - Description of work to be done
Per request of the City of Carmel, the 12kV distribution pole line on a portion of Oak Ridge
Road will be buried. Existing associated distribution facilities (single-phase taps, transformer
stations, capacitor banks, switching points, services to customers, etc.) must and will be
accommodated.
The scope of the line burial will be from just south of 146th Street (Pole # 06%055) south within
the new west road right-of-way (R/W) of Oak Ridge Road to just south of Angela Drive (Pole #
196-133). Total length of the line to be buried is approximately 2688 feet.
The underground cable will be installed per Cinergy-PSI requirements by both trenching (across
ground areas) and directional boring (beneath paved areas).
EXHIBIT B - Estimate to Bury 12kY Line Along Oak Ridge Road From South of 146th
Street (Pole # 67-055) to South of Angela Drive (Pole # 196-133)
Estimated
Item Amount Cost
1000mcm AL Power Cable with 4/0 CU Neutral 2688 $255,360
Directional Boring 1000 $25,000
Switch Gears (2-600 Amp and 2-200 Amp positions) 6 $150,000
Padmounted Capacitor Bank (1200 kVAR) 2 $40,000
Padmounted Transformers (single phase) 1 $2,000
Various UG Equipment (risers, splices, cable, hand dig.qing, etc.) $18,010
Various OH Equipment (wire d.e.'s, connections, down guys, etc.) $10,000
UG utility Iocationing borings $5,000
Stores, Freight, and Labor Adders $150,111
Total estimated cost to bury OH facilities as of August 12, 2004 $655,480