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HomeMy WebLinkAboutCarmel/Duke Reimbursement Agreement/Utility RelocationUTILITY REIMBURSEMENT AGREEMENT E. 1315' St Pedestrian Bridges Project APPROVED AS TO FORM BY THIS AGREEMENT; made and effective this _ day of e? 2007, is by and between Duke Energy, Indiana, Inc., an Indiana electric public utility corporation ( hereinafter referred, to as "DEI"), 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, DEI 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 E. 1315" St. in Carmel, Indiana; and WHEREAS, pursuant to that legal right, DEI has constructed and now operates and maintains certain overhead electric line facilities upon E. 1315" St. which are more particularly described on the attached Exhibit "Al" and "A2" (hereinafter referred to as "the Utility Facilities"); and WHEREAS, the City needs to construct two u pedestrian bridges along E. 1315' St. and the City and DEI 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 DEI has determined is suitable and are hereinafter referred to as "said relocation area"; and WHEREAS, the City has requested DD to relocate the-overhead Utility Facilities to said relocation area in an underground manner, as described on Exhibit "Al" and "A2" and WHEREAS, DEI is willing to relocate the Utility Facilities in an underground manner to said relocation area; provided that the City reimburses DEI for a portion of the costs actually incurred by DEI so to do (with the preliminary estimated cost as hereinafter described, being paid to DEI by the City before DEI commences "the Work" as such term is hereinafter defined), and for any costs actually incurred by DEI in the future in the event the 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 DEI 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 DEI and the City, hereinafter contained, DEI and the City do hereby agree to and with each other, as follows: SECTION I. DEI 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 to said relocation area, as described on Exhibit "Al" and "A2" (hereinafter referred to as "the Work"). The preliminary estimated cost thereof is $2,931.00 as shown on the attached Exhibit " B." SECTION Il. DEI shall not start the Work until (a) written notice has been given to DEI by the City that the Work has been authorized and funds are available to reimburse DEI, (b) the City has denoted the public road right-of-way line by staked survey or other proper means, and (c) the City had paid DE1 the aforestated preliminary estimated cost of $2,931.00. Delivery of said written notice by the City to DE] 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. DEI, 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 IV. DEI 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, DEI shall have no duty to indemnify and hold harmless the City. 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. DUKE ENERGY INDIANA, INC. (Signature) Name, Printed or Tvped) ?i?r+bt?i?,?es?gn ?P?, ( Position) CITY OF CARMEL, BY AND THROUGH ITS BOARD OF PUBLIC WORKS AND SAFETY ByAd o? Mayor Pr ameBue??erru:s?/o'rza,-?/ Printed Title: A_Q:V0ye- Dated: By: /-; Printed Member Printed Title: A&rn+ ze-- Dated: I /' V fa & By: - Printed N Member 4 Printed Title: tr1e.mb.e#-- Dated: / -/L -0 F, Duke edWIFE-nergye, DUKE ENERGY 16475 SOUTHPARK DR WESTFIELD, IN 46074 131ST ST - PEDESTRIAN BRIDGE PROJECTS EXHIBIT B MITCHENER DITCH COST ESTIMATE FOR UNDERGROUND' REROUTE= $15,346 (INCLUDES JOINT TRENCH, CONDUIT &-BORE COSTS) COST ESTIMATE FOR FUTURE OVERHEAD RELOCATE = $20,471 (DUE TO R-O-W CHANGE FOR FUTURE ROAD WIDENING) DIFFRERNCE BETWEENUG & OFI RELOCATION $15,346 - S20,471 =(S5,125) NO CHARGE VESTAL DITCH COST ESTIMATE FOR UNDERGROUND REROUTE = $18,610 (INCLUDES JOINT TRENCI-1, CONDUIT & BORE COSTS) COST ESTIMATE FOR FUTURE OVERI-117AD RELOCATE = $15;633 DUE TO R-O-W CHANGE FOR FUTURE ROAD WIDENINIG DIFFERENCE BETWEEN UG & OlI RELOCATION $18,564 - 515,633 = 52,931 NOTE.: The above estimates are pending written documentation that the pedestrian bridge projects are in conjunction with a ftaure road widening project.