The URL can be used to link to this page

Home My WebLink AboutVectren Reimbursement/131st. St VECTREN REIMBURSEMENT AGREEMENT APPROVED AS TO FORM BY THIS AGREEMENT made and entered into this -_ day of '2008, by and between The City of Carmel, Party of the First Part, hereinafter referred to as Cityof Carmel, and Vectren Energy Delivery.of Indiana dba as Indiana Gas Company Party of the Second Part, hereinafter referred to as VECTREN. WITNESSETH: WHEREAS, City of Carmel desires to make certain changes, improvements and/or adjustments to their property or facilities located at or near rirn STREET between SHELBORNE ROAD & TOWNE ROAD. CARMEL INDIANA, hereinafter referred to as the `Project WHEREAS, said changes, improvements and/or adjustments will adversely affect Vectren's operation and maintenance capabilities to its natural gas distribution system. WHEREAS, due to said construction, certain adjustments, removals, alterations' and/or relocations of existing VECTREN facilities will have to be made as shown on Exhibit "A" attached hereto and by this reference made a part of this agreement. WHEREAS, it is in the best interests of both VECTREN and City of Carmel for VECI'REN to make these adjustments, removals, alterations and/or relocations of its existing facilities with the their regular construction and maintenance forces, orby 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 follows: SECTION I VECTREN agrees and covenants.to the following: To provide a complete and detailed drawing of the work that will be required by Vectren to adjust, remove, alter and/or relocate its facilities in a manner that will allow Vectren to maintain and operate its facility in an approved and acceptable manner, said drawing is referenced above and attached to this agreement as Exhibit "A". Page t of 5 To complete,rvith its regularconstruction or maintenance crew and personnel a', schedule of'wages and working. hours, or by a: Vectren .approved 'con hnctor(s), tl. adjustment"s34emovals,_altudtions and/or relocations to its eristing:facilit ics as;show, "A°: Tlie, preliininarycost estimate thereof being,$ 154,337•oo, as shown of] I heestirnafe _.*ed, ?. Hereto and marked Exhibit "B" which said Exhibit"B" `is^herebysmade.a par[ ofthis agf6dinent. To keep accurate and complete records.of all the work and charges required to.complete the'work detailed in,Exhibit `-W and to make these documents accessible to City of Carpel orlheir=:Additors for a period of (3) three,years from the date final -payrrentis received by Vectrcrn. Should these.records be audited and di`screpanciesfound that resulted in=an overpayment by CITY"OF CARMEL, such over payment refund shall be authorized for-repaymentto City of Carmel within 66 calendar days,frorn the day the discrepancy is dkeovered, providedthat both Vcctren and City of Carmel concurthat an overpayment has bcen,made To provide to Cityof Carmel awritten explanation:if the total.project charges exceed the estimated project estimate shown in Exhibit" W' said written explanation will beproviciod to Ct-' df;Czu iel m'a° timely manner though it'is•to be understood' that some project,discrepancies may not be'iderrtified until the time of final billing. SECTION II- City of,Carmelugrees and covenantsto the following: To reimburse to Vectren'the actuil,eo" t incurred by VECTREN to.make•the necessary adjustments as detailed in Exhibit "A° of this Agreement that good faith estimated amountheing $154.337 00- Such costs will besummarizedandpresentedto City;of Carmel in a form similar to that shovrn'in.Exhibit "B"..The City'of Carmel agrees that payment to VECTREN willbe madewitlh in,6o calendar days; in one lump,sum,paymerit, from ihe'date the=request-for paymentJs received. SECTION.III Neither, VECTREN nor City of Carmel, its' contractor(s) znor subcontractors if any„shall.discriminateragainst any employee or applicant forentployment; to be employed in the l erformance of this contract, with'respect to his hirc, tenure., terms; conditions,or privileges of employment; or any matter directly of indirectly related to employmenf-11CCaLlSe Of his race, color, religion, nationalorigin or ancestry, Breach.of-this•conveninn maybe,regarded,as.a material breach of+the contract. Page 2 Of-5 SECTION IV City of Carmel,, its employees,, agents and i,epresentatives, shall indemnify, protect and hold harmless VECTREN-from and against any and all,legal'liabilities,and other expenses, claims, costs,, losses,, suits?or judgments for damages, or injuriestto or death of'' persons or damage to or destruction of property (hereinafter "Claim"), ari.si ng ouf of intentional, tortuous or sole negligence of City,of Carmel, its,em ployees or,agents or cool rnctors, ih,relation to or in connection with any work performed or to be•perfermed pursuant :to th is Agreement,, provided, however,thatrGhereVECTRIJNisguilty,ofnegligencewith respecttotheoccu re'ncearbecurrences giving rise "to the Claim, the City of Carmel shall h ave- no duty to'indemnify, protect,- or.hold harmless VECrRE N, SECTION V CITY OF CARMEL, its contractor(s) and'subcontractors'ifany, shall abide by all terms and-conditions of VECTREN,,and/.or other, Hamillon County agencies for the Project including, but not limited to, State, County-and. Municipal autlim ities, the United' States Army Corps,ofEugineers;'Indian-a Department of Environmental kLinage,ffient', and Indiana Department of Natural Resources. SECTION VI No'portion:ofthis Agreement shall become le-ally binding,until said Agreement is'fullysigned and'executed by both:parties. IN WITNESS WHEREOF, the parties hereto separately and.scverally,hav,e caused tliis;instrument to be executed in their respective-iiaiiles;by and through their duly antliodzed company:ofCiciils and/or property owners: Page T6f 5 ACIi 1bWLF.DGVIF.N`CVecti•e-'6net belt 'fUidiana Eric Jr § ace Prestdent: Engrgy;IJeliyery _(SIgnature -4Campapy.0 fficM Eiic J. Schach Gnc J ScliacG' - - ?,(Company,Offiaials Yame Printed,orTyped ATTEST: StIteof -Indiana, SS Before me, the:undefsigned;NOtary Publir in and for said County, personilly;appearcd of IndiAna Aba;as Indiana LL, clay of:` ? Witness, M- Y`;hand and seal the said last day: ?AgY P(jB (Natar,? hli'k??T 6FVic7y? ern 17Sov?-C. Pcll42rlSDV1 SUSAN • C (NotaryPublic; Printed rid Typed) tn? ALBERTSON SEAL ?f?, _ ?1e' Corinty of Residence M c5j)o Riissiin E?ml - ?e?e set A-, zDo% Piage 4 of 5' ACKNOWLEDGMENT City of Carmel (Signature of Co ny Official or Property Owner) n - ?. «+ c,1 ?y i (Co ny Officials or Property Owners Name Printed or Typed) MCw- n _ i\ ?}, cr (Company or Property Owners Officials Position) ?.? ATTEST: On this day of C" zooms there appeared before me, a Notar}, o J, (Name and Official or Property Owners) Such Official being a duly authorized representative of PARTY t or the Property Owners and acknowledged the execution of the foregoing contract on this ?le(day of 2001!. Witness my hand and seal the said last day. jl:G//r r (Notary Publi %5MY/a ?i n m!1 (Name.Printed or.Typed) '' •.. (County of Residence) My Commission Expires: X 30 aD /D Page 5 of 5