HomeMy WebLinkAboutCarmel/Duke Energy/Carmel Dr & KeystoneUTILITY AGREEMENT A?43}
(Carmel Drive - Project No. JT#1045386) IORM 9
THIS AGREEMENT, made and effective this 9'h day of March, 2009, 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 Carmel Drive 8 Keystone Avenue
in Hamilton County, Clay Township, Indiana; and
WHEREAS, DEl.has constructed and now operates and maintains certain electric
line facilities upon and/or along Carmel Drive & Keystone Avenue, 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 Carmel
Drive & Keystone Avenue, 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 of Carmel Drive
8 Keystone Avenue 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, 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 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;.and
WHEREAS, the Local Government is willing to reimburse DEI for such present and
future costs subject to the terms and conditions contained herein.
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,
at its standard schedule of wages and working hours, or by an approved contractor, will
relocate the Utility Facilities to said relocation area, as described on Exhibit "A"
(hereinafter referred to as "the Work").
SECTION III. DEI shall not start the Work until (a) written notice has been given to
DEI by the Local Government that the Work has. been authorized (b) the Local
Government has denoted the public road right-of-way line by staked survey at not more
than 100 foot intervals, (c) the Local Government has trimmed/removed all vegetation
away from the public road right-of-way as reasonably determined by DEI, and Delivery
of said written notice by the Local Government to DEI shall also constitute Local
Government's affirmation 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
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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.
SECTION VI. 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.
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FROM : PINPOINT LOCATING FAX NO. 317 7733956 Apr. 08 2009 11:49AM P2
FroD:CAAttEL ENG.. 31757t2459 04/08/ 009 10:21 €.2ae P,00_1002
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.
tSlpnature)
CINb? RoW),y?rp
( Name, Printed or Tvped)
Disr. c,
( Position)
[Enter Name Qf Local Govammaht Agency]
By: ?x. / k
Printed Name: ?cr n ?7Nci6k o?
Printed Title: _ ofg&
Dated: y - IS` - o?,
By: /.,i v n/
Printed erne%-!/Y
Printed THIe__ P.?
Dated: I/ l -Q q
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By: I iv
Printed l4amel
P t 5 r L ?ti
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as follows:
CITY OF CARMEL, INDIANA
by and through its Board of Public
Works and Safety
BY:
James Brainard, Presiding.Officer
Date:
Mary Ann Burke, Member
Date:
Lori S. Watson, Member
Date:
ATTEST:
Diana Cordray,lAMC, Clerk-Treasurer
Date:
BY
Authorized Signature
Printed Name:
Title:
FID/TIN:
SSN if Sole Proprietor:
Date:
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