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HomeMy WebLinkAboutCity of Carmel/Vectren/131St Project APPROVED, Y FORM BY: VECT1tEN REIMBURSEMENT AGREEMENT THIS AGREEMENT made and entered into this io day of _ January , aoo8, by and between The. City of Carmel; Party,gf the First Part; h'ereinafter referred toas'flie;City of Carmel, and Vectren Energy Delivery of Indiana dba as Indiana Gas?Company Party of the Second Part, hereinafter referred to as-VECTREN.. WITNESSETH: WHEREAS, The City of Carmel desires to make certain changes, improvements and/or adjustments to their property or facilities located at or near 131s' St from Oust West of Towne Rd to just West of Ditch Road hereinafter referred to as the Mroject". WHEREAS,, said changes,' improvements and/or adjustments will adversely affect Vectren's operation and-maintenance capabilities' to its natnral'gas distribgtionsystem:. WHEREAS, due to said construction, certain adjustments, removals; alterations and/or relocations of existing VECTREN facilities will have to be made:as shotivn.on Exhibit "A" attached hereto and,bvthis reference made apart of this agreement. WHEREAS, it is inthebest interests of both VECTREN'and.The Cityof Carmel for VECTRENto make these adjustmenis,.removals; alterations.and/or relocations of its existing facilities with the their regular construction and-maintenance forces, or by a, contractor(s) paid under a contract let by Vectren. NOW, THEREFORE, for;and;in consideration of the mutual covenant herein recited, both VECTREN and the, City of Carmel do herein agree'as follorgsi SECTION I VECTREN agrees'and covenants to:theifollofving: To provide a complete and:detailed'drawing ofthe,worlc that will be required by Vectren to adjust, remove, alter and/or relocate its facilities ina mannerthatwill allow Vectren to.maintain and operate its faeilky&i an approved,and acceptable; manner, said drawingis referenced,above.and attacled tothis agreement as Exhibit "A:. Page iot 5 To complete with its regular construction or maintenance crew and personnel at its standard schedule of wages and working hours, or by a Vectren approved contractor(s), the necessary adjustments, removals, alterations and/or relocations to its existing facilities as shown in Exhibit "A". The preliminary cost estimate thereof being $ 87,164.00, as shown on the estimate attached hereto and marked Exhibit "B" which said Exhibit "B" is hereby made a part of this agreement. To keep accurate. and complete records of all the work and charges required to complete the work detailed in Exhibit "A" and to make these documents accessible to The City of Carmel or their auditors for a period of (3) three years from the date final payment is received by Vectren. Should these records be audited and discrepancies found that resulted in an overpayment by THE CITY OF CARMEL, such over payment refund shall be authorized for repayment to The City of Carmel within 6o calendar days from the day the discrepancy is discovered, provided that both Vectren and The City of Carmel concur that an over payment has been made. To provide to The City of Carmel a written explanation if the total project charges exceed the estimated project estimate shown in Exhibit "B" said written explanation will be provided to The City of Carmel in a timely manner though it is to be understood that some project discrepancies may not be identified until the time of final billing. SECTION 11 The City of Carmel agrees and covenants to the following: To reimburse to Vectren the actual cost incurred by VECTREN to male the necessary- adjustments as detailed in Exhibit "A° of this Agreement that good faith estimated amount being $87,r64.00. Such costs will be summarized and-presented to The City of Carmel in a form similar to that_shown in Exhibit "B". The City of Carmel agrees that payment to VECTREN will be made within 6o calendar days, in one lump sum payment, from the date the request for payment is received. SECTION III Neither VECTREN nor The City of Carmel, its contractor(s) nor subcontractors, if any, shall discriminate against any employee or applicant for employment, to be employed in the performance of this contract, with respect.to his hire, tenure, terms, conditions or privileges of employnient, oranymatter directly or indirectly related to employment because of his race, color, religion, national origin or ancestry. Breach of this convening may be regarded as a material breach of the contract. Page 2 of 5 SECTION FV The City of Carmel, its employees', agents and representatives; shall indemnify, protect and hold harmless VECTREN'from and against anyandall legal liabilities and other expenses, claims, costs, losses, suits, or judgments,for damages, or injuries to or deativof persons or damage to or destruction of property (hereinafter "Claim"), arisingout of intentional, tortuous or sole negligence of The.City of Carmel, its employees or agents or contractors, in relation to or in connection N%Oth-any work performed or to be;performedpursuant to this Agreement, provided, however, that where VECTREN`is guilty of negligence with respect to the occurrence or occurrences giving riseto the Claim, the City of Carmel shall have no duty to,indemnify; protect,,or hold harmless VECTREK SECTION V THE CITY OF CARMEL, its contractor(s) and subcontractors, if any, shall abide by all-terms and conditions of VECTREN„ and/or other Hamilton County' agencies for.the Project in6iding,,but not limited,to,-State, Countyland Municipal, authorities, the, United States Army Corps of Engineers, Indiana Department of Environmental Management, and Indiana Department of Natural Resources'.. SECTION VI No,portion ofthis Agreemeut_shall become legallybinding until said Agreement isfully -signed ' and executed by both parties. IN WrFNESS WHEREOF, the parties hereto separatelyand severally.have caused this instrument-to be exec0ed"in their respective; names' byanddirongh theii duly authorized company officials-and/or property owners. Page 3 of 5 AC:KNO W LEDGMENT Vectren Ener liver of Indiana Eric J:.SChacli, Vice'Pmsident - Energy Delivery (Signature of Company Official) rr Eric,I-Schach (Company Officials Name, Printed or Typed) ATTEST: Stateof Indiana Countyof awastK648: Before me, the undersigned Notaryy Publicin.and for said County, personally,appeaned Fric 3 Schach Vice President - Encrev Delivery {Name and Offices of Company Official) Such Official beinga duly authorized representative of Vectren•EnergyDelive of Indiana dba as Indiana Gas_ Company and;acknowledged the execution of the foregoing contract on•tliis ?ay of ?6 e+'a!4 2009. Witness my hand and seal the said last day. SUSAN E. ER laesident of Vanderburghurgh County. IN Commission Expires: April 23, 2014 (Notary Public, Printed or 17yped) tLtD61&©v'R.?k County,,efResidence My Commission Expires: Page 4. of '5 ' ? ? -!5??SAAI 195r' Approve by the Board bf'Public Works and Safety of the City of Carmel, Indiana, this 200B. James Brainard,.Presidhng Officer Date: Mary'Anry/Burke, Member Date. 3 -S- to F Lori S. atso mb '?` Date' 11fs j OIE? day of ACKNOWLEDGMENT The City of Carmel ature of Company Official or Property Owner) (Company Officials or Property Owners Name Printed or Typed) (Company or Property Owners Officials Position) ATTEST: On this lil day of /? 1 t l ",20 OK-there appeared before me, a Notary Public, =Xna A a 1 (n \belE ] (Name and Offices of Company 0 cial or Property Owners) Such Official being a duly authorized representative of PARTY i or the Property Owners 4t- ?_ A and acknowledged the execution of the foregoing contract on this a day of ? ' a? , 200 Witness my hand and seal the said last day. (Notary Public) My Commission Expires: Q 3 U (7 /D Printed or Typed) of Page 5 of 5