HomeMy WebLinkAboutVectren/ Carmel Reimbursement !f -4
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VECTREN REIMBURSEMENT AGREEMENT
1 APPfOCO AS TO FORM BY
THIS AGREEMENT made and entered into this 4 5 day of —I ill.( 2005 by
and between THE CITY OF CARMEL, Party of the First Part, and Vectren Energy Delivery Party
of the Second Part, hereinafter referred to as VECTREN
WITNESSETH
WHEREAS, The City of Carmel desires to make certain changes, improvements and /or
adjustments to their property or facilities located at or near, KEYSTONE PARKWAY NORTH
OF 116TH STREET hereinafter referred to as the Project
WHEREAS said changes improvements and /or adjustments will adsersely 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 THE CITY OF CARMEL for
VECTREN to make these adjustments, removals, alterations and /or relocations of its existing
facilities with the their regular construction and maintenance forces, or by a contractor(s) paid
under a contract let t4 VECTREN
NOW THEREFORE for and in consideration of the mutual covenant herein recited both
VECTREN and THE CITY OF CARMEI do herein agree as follos%
SECTION I VECTREN agrees and co. enants to the following
To pro. ide 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 alloy. VECTREN to maintain and
operate its facility in an approved and acceptable manner, said drawing is referenced abo.e and
attached to this agreement as Exhibit A
Page 1 of 5
1
To complete with its regular construction or maintenance crew and personnel at its standard
schedule of wages and working hours, or by a VECTREN approved contractor(s), the necessary
adjustments, remoy als, alterations and /or relocations to its existing facilities as shown in Exhibit
A The prehmrnary cost estimate thereof being 43583 7
To keep accurate and complete records of all the work and charges required to complete the Hork
detailed in Exhibit "A and to make these documents accessible to THE CITY OF CARMEL or their
auditors for a period of (3) three years from the date final payment is received by VECTREN
Should these records be audited and discrepancies found that resulted in an o%erpayment
by THE CITY OF CARMEL, such ON er payment refund shall be authorized for repayment to
THE CITY OF CARMEL within 6o calendar days from the day the discrepancy is discos ered,
provided that both VECTREN and THE CITY OF CARMEL concur that an ON er payment has
been made
To provide to THE CITY OF CARMEL a IA ntten explanation if the total project charges exceed the
projects estimated cost as descnbed in this Section, said written explanation will be provided to
THE CITY OF CARMEL in a timely manner though it is to be understood that some project
discrepancies may not be identified until the time of final billing
SECTION II THE CITY OF CARMEL agrees and covenants to the following
To reimburse to VECTREN, in one lump sum payment, the actual cost incurred by VECTREN to
complete its Hork which is estimated to be 435 72, within 6o calendar days from the date the
payment is requested in vb ntrng by VECTREN
SECTION III Neither THE CITY OF CARMEL nor its contractor(s) or
subcontractors, if any, shall drscnmmate against any employee or applicant for employment, to be
employed in the performance of this contract, with respect to his hire, tenure, terms, conditions or
privileges of employment, or any matter directly or indirectly related to employment because of his
race color, religion, national origin or ancestry Breach of this convening may be regarded as a
matenal breach of the contract
Page 2 of 5
SECTION IV THE CITY OF CARMEL, its employees, agents and representatn es,
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 injuries to or death of
persons or damage to or destruction of property (hereinafter Claim ansing out of intentional,
tortuous or sole negligence of THE CITY OF CARMEL its employees 01 agents or contractors, in
relation to or in connection with any work performed or to be performed pursuant to this Agreement
provided, how ever, that where VECTREN is guilty of negligence with respect to the occurrence or
occurrences giving nse to the Claim, THE CITY OF CARMEL shall ha%e no duty to indemnify
protect, or hold harmless VECTREN
SECTION V THE CITY OF CARMEL, its contractor(s) and subcontractors, if any,
shall abide by all terms and conditions of VECTREN, and /or other junsdictional agencies for the
Project including but not limited to, State County and Municipal authorities, the United States
Army Corps of Engineers, Indiana Department of Environmental Management, and Indiana
Department of Natural Resources
SECTION VI No portion of this Agreement shall become legally binding until said
Agreement is fully signed and executed by both parties
IN WITNESS WHEREOF, the parties hereto separately and severally have caused this
instrument to be executed in their respects e names by and through their duly authorized company
officials and /or property owners
Page 3 of 5
ACKNOWLEDGMENT
if
n Encr4 40 s•
to
Enc J Schach Vice Piesident Fnergy Delnery
(Signature of Company Official)
Enc J Schach
Company Officials Name Printed or Typed)
ATTEST
State of Indiana County of aigaigetzilitt
Before me, the undersigned Notary Public in and for said County personally appeared
En lc Vie' e. e a 1 -he
(Name and Offices of Company Official)
Such Official being a duly authorized representatn e of Vectrrp�n Energy Delivery and acknowledged the
execution of the foregoing contract on this 25 day of JON 200
Witness my hand and seal the said last day
it hei-424 0 L, e .....re--et4--&--
(Notary Public)
o" SUSAN E FEASTER SV%4 E, Gh s 7E'L
9
Resident of Vaiiderburgh Coolly IN (Notary Public, Pnnted or Typed)
Commission Expires April 29 2014 QdEe
County of Residence
My Commission Expires
Page 4 of 5
ACKNOWI EDCMRNT
aw Boa i of or
J
Mars Me i r
A
Lon atson ber
AITEST
On this 5'das of JU-ki k 204 there appeared before me, a Notary
Public Mama Lamc& aft“ tut eel Lon 4btcyn, 411.) ail PI 8 I p
cI '4J ohns o n
(N ime and Office of Company Official)
Pia IC Ii dt-5
Such Official being a duly authonzed iepresentatne of CAW of Canu21 Fxard df and acknowledged
the execution of the foregoing conti act on this l5" day of di, zoo,.
Witness my hand and seal the said last day
C' 632
(Notary Public) 4
C Q.nn a JAS
(Name Pnnted or Typed)
fvuk
(County of Residence)
Mfa�.
7
My Commission Expires in
Page 5 of 5
f VECTREN
KEYSTONE PARKWAY
AND 116 ST (MOT)
INTERSECTION
IMPROVEMENT
PROJECT
EXHIBIT "A"
VECTREN ENERGY
RELOCATION DRAWING
1 PAGE
Thursday June 11 2009
VECTREN
KEYSTONE PARKWAY
AND 116 ST (MOT)
INTERSECTION
IMPROVEMENT
PROJECT
EXHIBIT "B"
VECTREN ENERGY
EASEMENT(S)
4 PAGES
Thursday June 11 2009
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