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Home My WebLink AboutDuke Energy/Utility Reimbursement - , ,t f" ~ j'; UTILITY REIMBURSEMENT AGREEMENT.. ~ Gr;andBovlevariJ Project . APPROVED AS TO FORM . . THIS AGREEMENT, made and effective this ,3...J , day Of~, 2007i is by and b,etweehDuke'Eherqv .an Iridiana.elec;ricpul:)ljc utility cOrporation (h,er,einafter referred to as "Duke:'), and the CitV'ofCarmel,a'!, Indiana[,l\unicipal'c9rpor~ti()J1,ilc:ting by and through its !,!oard of. Public Works an,d Safety (hereinafter referred to as "the City"), WIU.lESSETH: WHEREAS, '!,sari Ipdla na publig U\ilitYi Dl,lke has the right under Indiana, law to construct, operate and maintain its utility facitlities'upon In&ima, public road.right of way including but not limited to, the City's GrandBr)vlevard in Carmel, hldlana; .and WIjEREAS" pursuanj to that leg~I'righ1; DUKE has constructed and[l.ow operates and maintains certain underground electriC line facilities' upon Grand'Bovievard and, upon platted utility strips and other easement areas which adjOin said streets, all of <; wl)ich'aremore partict!larly desyribed oT!,theattac,hed Exhibit'''A''(hereinafterr,~ferred to as "the, Utility Fadlities''l;,and WHEREAS, the.City needs to make certain improvements to ,Grand Bouleliar;d, .and the CitY!lnd D.uke ~ave determih,edthat the Utility Facilities will, need to.be' relocatedbefore.this,improvemenl:can,be.madeby the City; and WBEREAS" the, City has acqlJ.ired or will acqlllre' at',.theexR~nse of treCity, a' Telocation area on puolic road right ,of way for the' Utility Facilities, and Duke has acquired, an easement area,both of which areas Duke has determined,are suitable and areh'ereinafter referred to,as,"scaid relocatioi1:area"; and ..' ~. .. '.. -, ~-. - . -'- -. - ' WHEREAs, the City has requested DUKE io relocate the underground Utility Facilities,to said felocatibh.'area ilJ an ul)dergfound manne~'; as described on Exhibit "A:" - .-.....' ... ... ~ . - . -. ~ ,- -. .-. .. ".. ..,' ",-, , and Wi-lER,EAS, DUKE is willing to rebcate ~the Utility Fadlities in an underground manner to said relocation area: provided that the City reimburse's DUKE for the costs actuallY incurr~d by DUKE so t9 do (Wi)h the prelimilJary estim,ated cost, ashe[einafter described, being paid to DuKE by ihe City befOre DUKE commences' 'the Work" as such term is hereinafter defined), ahd for any costs actually ir]i:urred bY DUKE ih the future in the ,eVent theundergrounpUtility F.acilities need to be adjusted, removed, supported, altered, and/or relocated atany,time, or times (a) fOr another highway improvement project and/or (b) for any other project of th,e City'or other governmental entity; and WHEREhS, the'Gity is willing to reiniburse DUKE for such preseot <lnd future costs subjectt6.the term{andconditions cont~ined ,herein, NOW, THEREFORE, fonnd in consideration of the mutual 'promises from, to and between DUKE andtheCity,herein<lf'\er contained, DUKE ana.\he City do herel:N agree to, and with,eachother,asfolloWs SECTION I. DUKE with its regular construction or maintenance, crew and personnel, at its standard' schecl:ule of wage~r and working hours, or by an approved contractor.. will relocate the undergroundUtililyFaciliites inan.underground manner to said relocation area"as described on Exhibit)',A", (her~i11after-referred to as "the Work"), The prelim il"1aryestimated costA hereof is'$20;993.00 as showr) on tlieattat;,~ed Exhibit H8,1I SECTION,II. The City shall reimburse OUKE for the estimafed costs incurred by DUKE to perform the Work within thirty (30) days after receiving a written; itemized - ; .- ~ .. . ,. - . ~..' '. ~ '. . . .. statement from DuKE. DU'KE, shall have, the, right to submit such .statements for progress paym'ents 'il.s' theyvork proceeds, .At'such time DUKE determines the actual .... - . '. '. '. - -.', < costs of theWbrkareliRelytoexceed bY'more than~$50~OOD, the preliminary estimated cost as shown in Exhibit "B,:' DUKE shall_advise It"ie City.in w.ritihg, specifying the likely 2 amount,.and not'proceed fulherwilf1;the'Work;untilthe City notifies DUKE in'writingto proceed. SEC:r10N III, DUKE shall not;stacttne W9rk uQtil (a) written notice.has .oeengiven to DUKE by the City that the Work has been authorized. and funds are available to reimburse DUKE, (0) t~e City has denoted the [ll.iblicroadright-ofcway lirie.bystal<ea SUNe'tor other proper m.eans,al)d (c)the,City"had paid DUKE one half ($.10,496.50) of the a.forestatedpreliminary estimated cost 01 $20,993;00. Delivery of sa'id written.notice by the. City 'to DUKE, shall also constitute City's affirmation that it :has acquired the "necessary public r9.ad right-of-Way area .forthe; relocation area, aM th.e: Work, SECTION IV. DUKE, and i"ts contradtor and subcontractors, "if any, shall not discriminate against any emp'loyee or applicant' for employment,. to be employed in the performance of this AgreeiTleht,wlt.h respecno her/his )lire; tenure, terrj1s, conditions ot privileges 61' empll?yment or any matter directly' or indirectly" related to employment because of'her/hlsrace, color; religion, national origin or ancestry. Breach of-this covenant may be regardedasa material breach oft~is Agreemel"1t, SECTION V. DUKE shall indemnifY'.andhold harmless the' City from and against anyal1qall legal liaQilltie.s ?l1d:other e1<penses; claims, costs" losses, sLiitsoejudgments for damages, or injuries to or death of ,pe rsons or damage.tt> or destruction of property arising out ortlle Work (hereafter "Claim"};proviqe:d, however, that where/the, City is negligent or engages in intent)ol)al misconduct. with cespect to the occurrenc", or occurrences giving rise:.to the .C1aim, DUKE shall have no duty to indemnify'andhold harmless the City.' J IN WITNESS WHEREOF, the :parties hereto have C<;lused thisA,greement to be execyted by, t.hrol!g~ toeirduly,authorized representatives; effective.th'e ~ate first,above written, ( Name" Printed or T.vped) ( Positjoh) CITY OF-CARMEL, BY AND 1:HROUGH ITS BOARD OF PUBLIC W(jRKS At-JD S""fETY Printed.Tille, Dated: By: Dated: / i By: I' "Member Printed N ( ldQ; S, I1Y~l Printed Tille:, {It\ e:wvb.tr' Dated: II;) f:-:; 10 7 ~~()tL 4 ,,,ndraM. JobnsOn. DepiItyClerk for ,C},$Z,.rG'"\(/t.Q ~ (~ EXHIBITB - Estimate to relocalepoles.and bury'cable.for GrandBlvd:construction Ilem $5,387 $15;606 20,993