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HomeMy WebLinkAboutDuke Energy Indiana, Inc. - ., ~ , UTILITY REIMBURSEMENT AGREEMENT (West Main Street and SW 4th Avenue) APPROVED AS TO FORM BY ~ THIS AGREEMENT, made and effective this If/>- day OfF ,2006, is by and between PSI EnerclV. Inc. d/b/a Duke EnerClV Indiana. Inc., an Indiana electric public utility corporation (hereinafter referred to as "PSI"), and the Citv 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 West Main Street and SW 4" Avenue in Carmel, Indiana (hereinafter referred to as "the Streets"); and WHEREAS, pursuant to that legal right, PSI has constructed and now operates and maintains certain overhead electric line facilities upon the Streets 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 the Streets, 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 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". WHEREAS, PSI is willing to relocate the Utility Facilities in an underground manner to said relocation area; provided that the City reimburses PSI 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 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"). SECTION II. 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 (b) the City has denoted the public road right-of-way line by staked surveyor other proper means. 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 III. 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. 2 SECTION IV. 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 her/his hire, 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 V. 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. [Remainder of page intentionally left blank.] 3 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. ~) 111/l{f (.y ~ 0 hTC- ( Name. Printed or Typed) (}(J'frrmr~ ~6J"e-Y cJ?>U V ( Position) CITY OF CARMEL, BY AND THROUGH ITS BOARD OF PUBLIC WORKS AND SAFETY By: ~~ P. ~I Mayor Printe.1'Name: vj,/'f'tf".sj3JAallfd~ Printed Title: 111 ~I" o~ . 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