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HomeMy WebLinkAboutPSI/CRC Old Town Alley ~ UTILITY REIMBURSEMENT AGREEMENT (Old Town Development Proiect) THIS AGREEMENT, made and effective this 1st. day of June, 2006, is by and between PSI EnerclV. Inc., an Indiana electric public utility corporation (hereinafter referred to as "PSI"), 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"), and City of Carmel Redevelopment Commission (hereinafter referred to as "CRC") . 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 CRC's Old Town Development Project upon the Alley Between W Main st & NW 1s', Running East & West From NW 1st Ave & South Rangeline Rd ("Old Town") 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 Town which are more particularly shown on PSI Drawing #B...:l 32-4169-L (hereinafter referred to as "the Utility Facilities"); and WHEREAS, the CRC needs to make certain improvements to Old Town, and the CRC and PSI have determined that the Utility Facilities will need to be relocated before this improvement can be made by the CRC and City; and WHEREAS, the City has acquired or will acquire at the expense of the eRC, a relocation area to be platted as "mini-streets" and designated as public road right of way for the Utility Facilities which PSI has determined is suitable; and WHEREAS, the CRC 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 CRC 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 CRC and City are 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, CRC and the City, hereinafter contained, PSI, CRC 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 $27,638 shown on the attached Exhibit "B." SECTION II: The CRC 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 $25.000, the preliminary estimated cost as shown in Exhibit "B," PSI shall advise the CRC in writing, specifying the likely amount, and not proceed futher with the Work until the CRC 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 CRC that the Work has been authorized and funds are available to reimburse PSI, (b) the eRC has denoted the public road right-of-way line by staked surveyor other 2 proper means, and (c) the CRC had paid PSI the amount of $13.819.00, the same being the aforestated material costs of the preliminary estimated cost of $27.638.00. Delivery of said written notice by the CRC to PSI shall also constitute CRC'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 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 her/his hire, tenure, terms, conditions or privileges of employment or any matter directly or indirectly reiated to employment because of her/his race, color, religion, nationai 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 CRC and 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 CRC and 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 CRC and 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. ~. .. ~ (Siqn ture) (Siqnature) Mike Koontz Customer Project Supervisor Ronald E. Carter President CITY OF CARMEL, BY AND THROUGH ITS BOARD OF PUBLIC WORKS AND SAFETY By: J~ ~- 'J prinfed Name: W1NT.S /3J4&1/va-J,eI/ Printed Title: /I( ~ y' () r Dated: (, - 1-- 06 By '11~~ ,M.mbo, Printed Naml f:!.~~ /J .au~ Printed Title: .n1-{ ~ _ Dated: -.6 -- -0 By. ~ ,M.m'" Printed . I m2..,' 5, Lt.l{::Is~ Printed Title: ~ ~ 0 r Dated: & J.., 100 , , , Mayor 4