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HomeMy WebLinkAboutCarmel/PSI Reimbursement/Old MeridianUTILITY REIMBURSEMENT AGREEMENT APPROVED ASTO FORM BY (Old Meridia'n Street Project) ~ THIS AGREEMENT, made and effective this i~"~t-/day-- of~v~-- 2005, is by and between PSI Ener.qy~ 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 Old Meridian Street At Pennsylvania Avenue, Carmel Drive and Carmel Main Street ("Old Meridian Street") in Carmel, Indiana; and WHEREAS, pursuant to that legal right, PSI has constructed and now operates and maintains certain overhead electric line facilities upon said Old Meridian Street 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 Old Meridian Street, 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 pL, blic road right of way for the Utility Facilities which PSI has determined 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 $28,2,968.00 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 five (35) 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 Ill. PSI shall not start the Work until (a) written notice has been given to PSi by the City that the Work has been aL~thorized and funds are available to reimburse PSI, (b) the City has denoted the public road right-of-way line by staked survey or other 2 proper means, and (c) the City had paid PSI the amount of $141,484.00, the same being the aforestated 50% of the preliminary estimated cost of $282, g68.00. Delivery of said written notice by the City to PSI shall also constitute City's affirmation that it has acquired the necessary public road right-of-way area for the relocation area and the Work. SECTION IV. The City shall also reimburse PS~ for any costs actually incun:ed 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 subpontractors, 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 h/tel tenure, terms, conditions or privileges of employment or any matter directly or indirectly related to employment because of her/his 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 hol'd harmless the City. [Remainder of page intentionally left blank.] 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. Name, Printed Or Typed) I~Vositio ~r~ CITY OF CARMEL, BY AND THROUGH ITS BOARD OF PUBLIC WORKS AND SAFETY ~e/~ ' ,Mayor By: Printed Title: /"~"~ Dated: By: ~/~~~ Member Printed Nam~ Printed Title: ~~ ' //- By: / ~, , Member .,i. ed Printed Title: Atte~ ~ ~ "~-~ ~ep.~ Clerkfor~ 4 EXHIBIT B - Estimate to bury 12kV line along Old Meridian Street at the Pennsylvania Avenue intersection. Estimated Item Amount Cost 1000ALALTRXLPEJ15 Power Cable with 4/0CUBTSD Neutral 1700 $119,000 2AL15KVCNJ15 cable 1200 $48,000 2" Directional Boring 200 $5,000 6" Directional Boring 1000 $25,000 Padmounted Switchgears 3 $75,000 Padmounted Capacitor Banks 2 $40,000 Padmounted Switching Cabinet 1 $12,000 Padmounted Transformers (single phase) 1 $2,000 Various UG Equipment (risers, splices, cable, hand digging, etc.) $7,591 UG utility Iocationing borings $4,000 Stores, Freight, and Labor Adders $64,377 Total estimated cost to bury OH facilities as of October 19, 2005 $282,968