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HomeMy WebLinkAboutCarmel/Duke Energy/126th & KeystoneUTILITY REIMBURSEMENT AGREEMENT for Intersection Improvement Alonci 126th St and Keystone Ave THIS AGREEMENT, made and effective this ` +i - day of Y 2008, is by and between Duke Energy Indiana, Inc., an Indiana electric public utility corporation (hereinafter referred to as "DEI"), and the City of Carmel, in Indiana (hereinafter referred to as "the Local Government"). WITNESSETH: WHEREAS, as an Indiana public utility, DEI has the right under Indiana law to construct, operate and maintain its utility facilities upon Indiana public road right of way including but not limited to, the Local Government's Intersection at 126th and Keystone Ave. in the City of Cannel, Indiana; and WHEREAS, DEI has constructed and now operates and maintains certain overhead electric line facilities upon and/or along the Intersection at 126th and Keystone Ave, all of which are more particularly described on the attached Exhibit "A" (hereinafter referred to as "the Utility Facilities"); and WHEREAS, the Local Government needs to make certain improvements to the Intersection at 126th and Keystone Ave, and the Local Government and DEI have determined that the Utility Facilities will need to be relocated before this improvement can be made by the Local Government; and WHEREAS, the Local Government has, acquired or will acquire at the expense of the Local Government, a relocation area on the public road right of way for the Utility Facilities , which area DEI has determined is suitable and is hereinafter referred to as "said relocation area": and WHEREAS, the Local Government has requested DEI to relocate the Utility Facilities to said relocation area in an underground manner, as described on Exhibit "A;" and WHEREAS, DEI is willing to relocate the Utility Facilities to said relocation area; provided that the Local Government reimburses DEI for the costs actually incurred by DEI which equal the difference between relocating the Utility Facilities in an underground manner and relocating them in an overhead manner but in not event will such reimbursement exceed the sum of $150,000 for the combined relocations being made by DEI for the improvements being made by the Local Government to the Intersection at 126`" and Keystone Ave and to the Intersection at 106"' and Keystone Ave (being addressed by a similar written agreement). The cost of this relocation shall be paid at the conclusion of both DEI facility relocation projects. WHEREAS, for any costs actually incurred by DEI in the future in the event the Utility Facilities need to be adjusted, removed, supported, altered, and/or relocated at any time or times (a) for another highway improvement project and/or (b) for any other project of the Local Government or other governmental entity, the Local Government is willing to reimburse DEI for such present and future costs subject to the terms and conditions contained herein. 2 NOW, THEREFORE, for and in consideration of the mutual promises from, to and between DEI and the Local Government, hereinafter contained, DEI and the Local Government do hereby agree to and with each other, as follows: SECTION 1. DEI with its regular construction or maintenance crew and personnel or by a contractor, will relocate the overhead Utility Faciliites to said relocation area in an underground manner, as described on Exhibit "A" (hereinafter referred to as "the Work"). The relocation cost to be reimbursed to DEI will equal the difference between relocating the Utility Facilities in an underground manner and relocating them in an overhead manner but in not event will such reimbursement exceed the sum of 15$ 0,000 for the combined relocations being made by DEI for the improvements being made by the Local Government to the Intersection at 126`h and Keystone Ave and to the Intersection at 106th and Keystone Ave (being addressed by a similar written agreement). A preliminary estimate of the cost difference between DEI overhead facilities construction and underground facilities construction for both projects is described in Exhibit "B." SECTION II. The Local Government shall reimburse DEI for said costs when the work on both projects had been completed by DEI and when the Local Government has received a written, itemized statement from DEI. 3 SECTION III. DEI shall not start the Work until the following has occurred: (a) written notice has been given to DEI by the Local Government that the Work has been authorized and funds are available to reimburse DEI, (b) the Local Government has denoted the public road right-of-way line by staked survey at not more than 100 foot intervals with station markings, (c) the Local Government has trimmed/removed all vegetation away from the public road right-of-way as reasonably determined by DEI, for the entire length of the project (d) the Local Government and DEl have executed this agreement, and (e) written notice has been given to DEI by the Local Government that all ROW for the project has been acquired. SECTION IV. The Local Government shall also reimburse DEI 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 Local Government highway improvement project and/or (b) for any other project of the Local Government or other governmental entity. SECTION V. 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. 4 SECTION A. DEI shall indemnify and hold harmless the Local Government 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 Local Government 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 Local Government. 5 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. f/iK1d}r'dN ?e5i?/?? SOA'(V/Sof - Lot's ( Position) U By: F' ^ LvtJ? Y Printed Name: ?, ? A? Q V /L/zo-, Printed Title: Dated: =Y- - By. Prin /d NameMoL [ -- l3rR; ??A Printed Title: Y-rlc. or Dated: 6 $ By: Printed Na I [ a'L S' : I i Printed Title: ft\q' 2.4- -Dated: S (-7 C, `b 6 ( Name. Printed or Tvped) I Duke Exhibit "B" Cost Estimate ®Eneirgy® Project: Intersection Improvement at 126th St & Keystone Ave Underground Design Work Order Numbers Construction: D3190 Retirement: D3190 Maintenance D3190 Description of Work: Relocate Existing Overhead Facilities to Underground Facilities at the Intersection Improvement at 126th St & Keystone Ave Summary of Estimated Costs Construction Installation Costs $ 180,259 Removal Costs $ 16,250 Transfer Costs $ 1,048 Right-of-Way Purchases $ _ Right-of-Way Clearing $ Transportation $ 4,198 Overheads $. 23,979 Total Project Cost $ 225,734 Net Amount to be Reimbursed $ 225,734 Prepared By: Jim Shields Date: 4/2112008 Note: Actual amount billed may vary marginally. Transportation costs may increase or decrease due to accessibility and grade of site. M Doke Exhibit "B" - Cost Estimate ®Energ . Project: Intersection, lmprcvement-at126th St &.Keysione Ave Overhead,Design Wohk Order Numbers Construction: 'TOO Retirement: TBD Maintenance: TBD Description of Work: 5ummarv. of Construction Installation Costs $ 94,245 Removal. Costs $ 16,920 Transfer Costs $ 5,400 Right-of-Way Purchases $ _ Right'of-Way'Cleannig $ Transportation $ 4,600 Overheads $, 12,285 Total Project Cost $ 132,650 Net Amount to tie Reimbursed $ 132,650 Prepared By: Jim Shields Date: 0.12112008 Note:. Actual°amount.billed may vary'marginally. Transportation costs may inerease.or decreasd.due'.to accessibility and grade of site.