HomeMy WebLinkAboutVectren Energy/Springmill & 136thAPPROVED AS To FORM syf
UTILITY REIMBURSEMENT AGREEMENT
THIS AGREEMENT, made and entered into this Lq?day ofC4bJ-' soo by and
between Vectren Enemy Delivery of Indiana Party of the First Part, hereinafter referred to as
the Utility, and the Board of Public Works Carmel Indiana, Party of the Second Part,
hereinafter referred to as the Board.
WPiNESSECH:
WHEREAS, the Board desires to make certain highway improvements, consisting of projects
for-SSpringmill Rd & 1 .,46th Road Improvement Project, Carmel, In. hereinafter referred to as the
"Project".
WHEREAS, due to said highway construction, certain adjustments, removals, alterations and
relocations of the existing facilities of the Utility will have to be made as shown on Exhibit "A" attached
hereto and by this reference made a part of this agreement, and,
WHEREAS, it is in the best interests of the Utility and the Board for the Utility to make the
necessary adjustments, removals, alterations and/or relocations of its existing facilities as shown in
Exhibit "A" with the Utilities regular construction and maintenance forces, or by a contractor paid under
a contract let by the Utility.
NOW, THEREFORE, for and in consideration of the mutual covenant herein.recited, the Utility
and the Board do herein agree as follows:
SECTION I. The Utility with its regular construction or maintenance crew and personnel, at
its standard schedule of wages and working hours, or by an approved contractor, will make the necessary
adjustments, removals, alterations and/or relocation in its existing facilities as shown on Exhibit "A".
The preliminary estimated cost there of is $ $ 22o4r; oo As shown on the estimate attached hereto,
marked Exhibit ^B", which said Exhibit "B'• is hereby made a part of this agreement.
SECTION Il. The Utility will be reimbursed for its actual costs of the work in Exhibit "B" upon
presentation of itemized bills to the Board from the Utility. The Utility accounts and the accounts and
records of any contractor or subcontractor involved in carrying out the purpose of work shall be kept in
Page tof 5
such manner that they may be readily audited and actual costs determined, and such accounts shall be
available for audit by auditors of the (Sty of Carmel for a period of not less than three (3) years from date
final payment has been received by the Utility.
Should the accumulated costs of the work materially exceed the Exhibit ^B^ preliminary
estimated costs due to conditions not known or anticipated at the time of estimate preparation, and no
substantial change in the scope of work, method of installation, change in location, or other change of
similar nature,has taken place, the Utility shall notify the Board in writing of such fact and the reasons
therefor as promptly as possible.
The payments to the Utility will be made on the basis hereinafter set forth;
Progress or Final Billing, The Utility may submit progress billings reflecting the actual cost
incurred or it may submit a final billing upon completion of the project. It is agreed that
progress payments be made by the Board to the Utility fornot more than ninety-five percent (95%) of the
total amount of work done as shown on monthly statements or when the amount due the Utility equals
$1,000.00 or more, said progress billing to be paid within sixty (6o) days of receipt. It is further agreed
that upon receipt of a final bill, prepared in the same format as the estimate Exhibit "B", the Utility shall
be reimbursed for such items of project work, project expense, and project retainage within ninety (9o)
days after issuance of the audit report.
Provided, however, that all relevant books,.records and accounts of the Utility and the accounts
and records of any contractor or subcontractor involved in carrying out the proposed work to which a
payment for a relocation has been made by the Board, shall be audited by the Board and the Utility
following such audit shall delete those items from the final bill or refund that portion of the payment for
which it is not entitled to reimbursement. The billing shall be compatible with the format as used in
Exhibit ,B".
SECTION III. The Utility shall not start work on the work contemplated by this Agreement until
written notice has been given to the Utility by the Board that the work has been authorized and that funds
are available to reimburse the Utility, nor until a satisfactory starting date has been established with the
City of Carmel.
Page 2 of 5
SECTION IV. The Board shall reimburse the Utility for the work or expense shown on Exhibit
„B" and all other work or expense performed or incurred pursuant to the written direction of the Board.
SECTION V. The Utility, its contractor and subcontractors, if any, shall not 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 employment, or any matter directly or
indirectly related to employment because of his race, color, religion, national origin or ancestry:. Breach of
this convening maybe regarded as a material breach of the contract.
SECTION VI. The Utility itself, its employees, agents and representatives, shall indemnify,
protect and save harmless the Board 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 (hereinafter -Claim"), arising out of intentional tortuous of or arising out of the
contributing or sole negligence of the Utility, its employees or agents or contractors, in relation to or in
connection with any work performed or to be performed pursuant to this Agreement; provided, however,
that where said Board is guilty of negligence with respect to the occurrence or occurrences giving rise to
the Clain, the Utility shall have no duty to indemnify, protect, or same harmless the Board.
SECTION VII. The Utility shall acquire a permit from the City of Carmel Engineers Office for
all work done within County right-of-way under this agreement. No fees will be assessed for the permit,
but a bond will be required.
SECTION VIII. The Utility, its contractor and subcontractors, if any, shall abide by all terms and
conditions of permits issued to the Board, or other City of Carmel agencies for the Project including, but
not limited to, permits from the United States Army Corps of Engineers, Indiana Department of
Environmental Management and Indiana Department of Natural Resources. All work will be in
compliance. with the requirements of 327 IAC 15-5 (Rule 5).
SECTION IX. This Agreement shall not be binding until it is fully executed by both parties.
Page 3 of 5
IN WITNESS WHEREOF, the parties hereto separately and severally have caused this instrument
to be executed in their respective names by.and through their duly authorized officers.
THE UTILITY:
Vectren Enemy Delivea of Indiana
Name)
(Si nature of Officer)
TTESf: -z F
e -Cc-e C
(Secretary of ity - Signature)
O73 E rZT It-oR?1
(Secretaries Name Printed or Typed)
Le-tC S1%4a1GiL
(Officers Name Printed or Typed)
(Officers Position)
State of Indiana County of
ACKNOWLEDGMENT
SS:
Before me, the undersigned Notary Public in and for said County, personally appeared
(Name and Offices of Signers of Utility)
(Name of Utility)
and acknowledged the execution of the foregoing contract on this _ day of . 200_.
Witness my hand and seal the said last day.
My Commission Expires
(Signature)
(Notary Public, Printed or Typed)
County of Residence
Page 4 of 5
BOARD OF PUBLIC WORKS
CARMEL, INDIANA ,,
On this t day of 0c;(ope/ 20#there appeared before me, a Notary
Public, Mr James Brainard Mayor Ms Mary Anne Burke Member and Ms Lori Watson Member
respectively, of the Board of Public Works, Carmel, Indiana, and stated that the above agreement was
signed and attested in behalf of said Board.
WrIWESS my hand and seal this /j/ day of ?C7o3Xe 2o-i?i
(Notary Pu "211AJ
(Name Printed or Typed)
_ 1141*,acr,o1J
(County of Residence)
My Commission Expires:
BOARD OF PUBLIC WORKS
TESLi, I NDIANA
gnature
Mir esBr i M oi
Si ature
i M. Johnson,
ty Clerk for
Page 5 of 5
?#, VECTREN
August 23, 2004
A"Ifft3lT "All
VECT ' EN ENERGY
RELOCATION DRAWING
1 PAGE