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Home My WebLink AboutCarmel/Duke/136th & KeystoneApOnov2D AS TO FORM BY THIS AGREEMENT, made and effective this 5th day of September 2008, is by and between- Duke. Energy `Indiana, Inc., an Indiana eleciric public utility corpomtioh (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 138"' Street & Keystone Avenue in Hamilton County,. Clay Township, City of Carmel,,lndiana;>and WHEREAS, DEI has constructed and now operates and maintains certain electric= line facilities upon and/or along 138""Street-8 Keystone Avenae, all of which are more particularly described, on the attached Exhibit 'W' (hereinafter referred to as "the Ufllity Facilities"); and WHEREAS, the Local Government needs to make certain improvements to 136`" Street & keystone,Avenue, and the-Local Government and. DEI have determined that the Utility Facilities Will need to be relocated before this improvement can 6emade by the Local Govmrnhr ent; 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 of.136' Street & Keystone A venue for,the Utility Facliities, 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, as described on Exhibitl'`A;" and WHEREAS; ;DD 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 for the sum of $94,684, The-cost of this relocation _shall be paid at the conclusion-of the,DEI relocation project: 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 tirne?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 Govern nenbis willing to reimburse DElfor such present and future: cosis subject to the terms and conditions coritained,herein. NOW, THEREFORE„'forand 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, at its standard schedule of wages,and working hours, or by artapproved contractor, will relocate the Utility Faciliites to said relocation area, 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 Ufility Facilities in an' underground manner ,and. relocating them in an overhead manner for the sum of $94i684; The cost'difference between, DEI' overhead` facilities construction and underground facilities construction is described in Exhibit" B". SECTION ll. 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, 2 SECTION III. DEI shall notstart'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,rigFt=of-way line by staked survey at not more than 100 foot intervals with station markings, (c) the 'Local Government has trimmedlremoved all vi=getatori away from the public road right=of=way-as reasonably determined by-DEl for the entire length of the project;. (d) thelocal Government and,DEI have.executed this agreement, and (e) written notice has been,.given-to DEi by the Local Government that it'has acquired the necessary public road right-of-way area for the relocation area and the Work, 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. DE 1, 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 herlhis race, color; religion, national 'origin or-ancestry. Breach of this covenant'may be regarded 'as a°materlal.breach ofdtiis,Agreeiment. SECTION VI. DEI shall indemnify and hold harmless the Local Government from and against any and all legal liabilities and otherexpenses, 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, thatwhere'tfie Local Government is negligent or engages in intenfional.misconductwith 3 respect to the occurrence or occurrences giving rise to the Claim; AEI shall have no duty'to indemnify'and hold harmless ,the Local' Governrneht: 4• IN WITNESS' VVHEREOF, the parties hereto,have caused this Agreement to be executed,by through their duly authorized,representatives, effective the date first above written. DUKE ENERGY INDIANAJNG. (Sinnature) ( Name, Printed OlrTvoed) DI$F, blipLA EKGt1D ( Position) City of Carmel irf-??- t__r By:Zlt& Pr t Name: ?? ES / Prin Dat( By:. Prin Prin Dated. 16) -Ar- By: 1 iL Printed Name" LOR, Printed Title: a .M. Dated: / ti R asdrer 5' r.t COST ESTIMATE EXHIBIT "B" CITY OF CARMEL INTERSECTION IMPROVEMENT. RELOCATION PROJECT JOB TRACKING NUMBER 1013549 COUNTY 8 TOWNSHIP HAMILTON I CLAY DESCRIPTION OF WORK: REMOVE EXISTNIG OH POLE LINE AND INSTALL UG CABLE FOR THE CITY OF CARMEL INSECTION IMPROVEMENT WORK ALONG 136TH STREET AND KEYSTONE AVENUE 01111ARAAOV nC CCTIIIAATr-n CnSTQ AMOUNT CONSTRUCTION CHARGES E 152,389 S REMOVAL CHARGES E 15,622 08M CHARGES $ 1,417 RIGHT-OF-WAY PURCHASES $ RIGHT-OF-WAY CLEARING $ TRANSFORMER CHARGES $ 2,615 TOTAL PROJECT COST $ 172,043 LESS COST FOR OH VS UG CONSTRUCTION $ (77,359) NET AMOUNT SUBJECT TO REIMBURSEMENT: E 94,684 PREPARED BY DATE APPROVED DATE C 0 APPROVALS ENGINEERING REAL ESTATE SERVICES NOTE: ACTUAL AMOUNT BILLED MAY VARY MARGINALLY. TRANSPORTATION COSTS MAY INCREASE OR DECREASE DUE TO ACCESSIBILITY AND GRADE OF THE SITE. eaiaas a?lsa?s J lilt e Y .Y dg IT, I !till IJ39 P ;n d bl ail ! , ' Illllf I ?s?? 1 tl E ? 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