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HomeMy WebLinkAboutCarmel/Duke/106th & KeystoneUTILITY REIMBURSEMENT AGREEMENT for APPROVED AS To Intersection Improvement Along 106"' St and keystone Ave. THIS AGREEMENT, made and effective this -144- day of VA 2008, is by and between Duke Enieroy Indiana: Inc., an Indiana electric public utility corporation (hereinafter referred to as "DEI;'), and the City of Carmel, in Indiana (hereinafter referred tows "the.Local Govemrent" ). WITNESSETH: WHEREAS, as an Indiana public utility,. DEI has the 'right ,under Indiana law to construct, operate and. maintain,.its,utifity facilities upon Indiana public road right of way including but not limited to, the Local Government's Intersection at 106"' and Keystone Ave. in the City of Carmel, Indiana; and WHEREAS, DEI has constructed and now operates and maintains certain overhead. electric line facilities upon and/or along the Intersection at 106`" and Keystone Ave, all of which are more particularly described on the attached Exhibit "A" (hereinafter referred tows "the Utility Facilities); and WHEREAS, the Local Government needs to shake certain improvements to the Intersection at 106'fi and Keystone Ave, and the Local Government and DEI,have determined that the Utility Facilities.wifl,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 Aght of way for the Utility Facilities .which area DEI has determined is suitabte;and is hereinafter referred tows "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 ©EI 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 180 000for the combined relocations being made by DEI for the. improvements being made by the' Local Government to the Intersection at 106`h and Keystone. Ave' and to the Intersection 'at 1,26`h and Keystone Ave (being ?addressed,'by a similar agreement). The cost of this relocation shall be,paid;atthe conclusion of.both DEt facility relocation projects. WHEREAS, for any costs actually incurred by DEI in the future inthe 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 I. DEI with its regular construction or maintenance crew and personnel or by acontractor, 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 $150,000 for the combinedrelocations being made by DEI for the improvements being made by the Local Government to the Intersection at 106'" and Keystone Ave and to the Intersection at 126`h and Keystone Ave (being addressed by a similar 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 actual costs when the work on both projects has been completed by DEI and within thirty (30) days after receiving 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 DEI 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 VI. DEI shall indemnify and hold harmless the' Local Government from and against-any'a id''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 Governmentis negligent or. engagesJn.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 WITNE=SS 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. (Sianature) ,77 I Name, Printed'or 7vped) <UVIVI'V4?/ AS ( Position) V City of Carmel By: Prntem Printed Title: Dated: By: Phn dName: l arne-s rwtrd Printed Title. n O1 e Dated: S r- 1 0-!2 By: V Printed Name: C } 2i `.? s -5r, Printed Title: ln»iv?S;? Dated: 710P Atte / Xr L.? :Treasurer ?e 6 PkDuke Exhibit "E" - Cost Estimate MrEnOOM ® Project.' Intersection Improvement at 106th St & Keystone Ave Overhead Design Work Order Numbers Construction: TBD Retirement: TBD Maintenance: TBD Description of Work: Facilities at the OT tstimaTeO uosTs Construction Installation Costs $ 126,503 Removal Costs $ 11,471 Transfer Costs $ 2,583 Right-of-Way Purchases $ - Right-of-Way Clearing $ - Transportation $ 3,240 Overheads $ 15,121 Total Project Cost $ 158,918 Net Amount to be Reimbursed $ 158,916 Prepared By: Jim Shields Date: 4/21/2008 Note: Actual amount billed may vary marginally. Transportation costs may increase or decrease due to accessibility and grade of site. Duke Exhibit "B" - Cost Estimate ®Energye Project: Intersection Improvement at 106th St & Keystone Ave Underground Design Work Order Numbers Construction: D3121 Retirement: D3121 Maintenance: 03121 Description of Work: Relocate Existing Overhead Facilities to Underground Facilities at the Intersection Improvement at 106th St & Keystone Ave J Construction Installation Costs Removal Costs Transfer Costs Right-of-Way Purchases Right-of-Way Clearing Transportation Overheads Total Project Cost' Net Amount to be Reimbursed of ?surnateu ?.u5w $ 214,073 $ 20,785 $ 4,305 $ 5,600 $ 26,869 $ 271,632 $ 271,632 Prepared By: Jim Shields Date: 4/21/2008 Note: Actual amount billed may vary marginally. Transportation costs may increase or decrease due to accessibility and grade of site.