HomeMy WebLinkAboutUtility Reimbursement River Road Culvert Duke UTILITY REIMBURSEMENT AGREEMENT
(Local Government - Easement To Road - Evergreen) woPF
APPROVED Gttigtrof Carmel - River Road Culvert Project) s-
(Revised 1/7/11)
THIS AGREEMENT, made and effective this 21 s` day of March , 2013, is by and
between Duke Enemy 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, River Road (a Elizabeth Warren Drain in Hamilton
County, Carmel Indiana; and
WHEREAS, DEI has constructed and now operates and maintains certain electric
line facilities near or adjoining River Road na Elizabeth Warren Drain, all of which are
more particularly depicted or described on the attached Exhibit "A" (hereinafter referred
to as "the Utility Facilities"); and
WHEREAS, the Local Government needs to make certain improvements to or
within River Road (a7 Elizabeth Warren Drain, 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 which is located upon public road right of way,
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 depicted or 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 incurred by DEI so to
do (with the preliminary estimated cost as hereinafter described, being paid to DEI by
the Local Government before DEI commences "the Work" as such term is hereinafter
defined) , and 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 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 will relocate the Utility Faciliites to said relocation area, as
depicted or described on Exhibit "A" (hereinafter referred to as "the Work"). The
preliminary estimated cost thereof is $28,861.30 as shown on the attached Exhibit "B."
SECTION II. The Local Government shall reimburse DEI for the actual costs
incurred by DEI to perform the Work within forty five (45) days after receiving a written,
itemized statement from DEI. Said statement shall include supporting documentation to
substantiate the claim. Such supporting documentation shall include, but shall not be
limited to, copies of material invoices, time sheets, vendor and/or contractor invoices
and other such documents as may be deemed necessary by the Local Government to
support such invoice. DEI shall have the right to submit such statements for progress
payments as the Work proceeds. When the Work is completed, if the actual costs
incurred by DEI to perform the Work (including any applicable relocation area
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acquisition costs), are less than said preliminary estimated cost, DEI shall remit the
difference to the Local Government.
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 (i) the
Work has been authorized and funds are available to reimburse DEI, and (ii) all
necessary public road right of way has been acquired for the Work,
(b) the Local Government has denoted the public road right of way line in the
area of the Work, 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 in the area of the Work, as reasonably determined by
DEI,
(d) the Local Government and DEI have executed this Agreement, and
(e) the Local Government has paid DEI the aforestated $28,861.30.
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 shall not discriminate against any employee or applicant for
employment, in the performance of this Agreement, with respect to hire, tenure, terms,
conditions or privileges of employment or any matter directly or indirectly related to
employment because of race, color, religion, national origin or ancestry. Breach of this
covenant may be regarded as a material breach of this Agreement.
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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.
,II
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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.
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Timothy P. Umbaugh
( Name, Printed or Typed)
Supervisor, Distrbution Design
( Position)
City of Carmel
By: IV DT `r- oaf-
Printed Name:
Printed Title: _ /� /))e-
Dated: *17-3
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Printed Title: na.arnb. - tom- e L, )
Dated: r{ / ' '7 / i 3
BY: L . .�•l �, L
Printed Na- e: /V/9. t- A-)A) /3c /k 'e
Printed Title: E . r .
Dated: L/— / 7 - /3
Attest: /
4-Treasurer
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