Duke Energy Indiana, LLC/Eng/Utility Reimbursement Agreement/Gray and Main RoundaboutUTILITY REIMBURSEMENT AGREEMENT
Local Government- Easement Tn Eacprnpnt/Rnarl _ Pvpcnrppn
IvILy V1 var niC1 — moray anu Ividin Ituuwluarwuy
(Revised '12l3/14)
THIS AGREEMENT, made and effective this day of , 20
is by and between Duke Enerby Indiana. LLC, an Indiana electric -public utility invited
liability company (hereinafter referred to as "DEI ). , and 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, GMk Rd in Carmel, Indiana; :and
WHEREAS, DEI has constructed and now operates and maintains certain electric
line facilities near or adjoining Grav Rd, all of which are 2more particularly depicted or
described on the attached Exhibit W (hereinafter referred .to as 'the Utility Facilities");
and
WHEREAS, the Local Govemment needs to make certain improvements toi or
Within Gray Rd; 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
Goverrmment; and
WHEREAS; in addition to any part of the relocation area which is located on an'
existing easement area of.DEI, the Local Government has acquired or will acquire at the
expense of the Local Govemment, a relocation area .which is located upon public road'
right of way, both of which relocation areas DEI hasdetermined are suitable and are
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, 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 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, DEl and the. Local
Government do hereby agree to and with each other, as follows:
:SECTION 1. DEI will relocate the Utility Facfiites to said relocation area, as
depicted or described on Exhibit "A" (hereinafter referred to as "the Work"). The
preliminary estimated cost thereof is 22,183.08 as shown on the attached Exhibit "B".
SECTION 11. 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 , nYoi.ces, timesheets, vendor and/or contractorinvoices 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.
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 ate available to. reimburse DEI, and (ii) all
necessary public road right of way has'been acquired forthe'Work,
GJ
(b) the Local Government has denoted the public road right of way {ine 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, and
(d) the Local Government and DEI have executed this Agreement.
.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.
: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 fordamages, 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 intertional misconduct with respect to the
occurrence or occurrences giving rise to the Claim; DEI shall have no duty to iridemn'rfy
and hold harmless the Local Government.
(Remainder of page.intentionaliy`lift blank.)
3
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, I.I.C.
(SWaturiB)
Tmothy P. Umbaugh
( Name, Printed .or Typed)
Manager, Distribution Design
( Position)
City of Carmel
By:. Lei2 [%�
Printed Name:
Printed Title:
Dated:
By /�/!�� !✓�
Printed Naps%: M/// is /},0N 01J9,14,e
Printed Title: / �[ eA _ e e.
Dated:
By: /
Printed Na e: . e,
Printed Title:
Dated:-- '
Attest;
G
-Treasurer
El
Upstream Protection Safety Reminders/ Adverse Conditions Other Project Notes
Typ.(.d—,, bra.k.,, —Sonalaar). ID, Location rYour Circle of SAY REMEMBER: Work zone area condidons may have changed for this job.
SAFETYFirst Everyone Is responsible for verifying the safety Information Is correct prior to
any work being performed each day.
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EXHIBIT A
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General Information Work Order Information Circuit Information Duke Energy Legend 12W DISWbutIDn Lbae
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OH MAL UG MahL OU I Center ABC Sub Proposed Duke Polo 6—Proposed Dmguy `Q?'ENERGY. Grey Rdand wh' Stof
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Host: http://entdukerpt.duke- EXHIBIT B Report Last Refreshed on:
energy.com/ReportServer
Work Authorization Cost Summary 04/24/201710:08
Project ID: RELDIN \
Direct Costs
Fully Loaded construction - $16,40y.0b
Sub Total Construction Cost: ( $18,459.56
$22,183.68 100.0%
*If Total Project Cost is over $50k (including Install, Retirement, O&M, and Pre -Cap) it requires a
Specific WO
Company Labor $1,626.50 *Labor % is the percentage of estimated labor cost in relation to the total estimated labor costs
of the project, calculated using estimated labor hours and rates without loads.
04/24/2017 10:08 Informational Use Only Page 1 of 2
WO:
21176727
Contractor Hours
0
WO DESCRIPTION:
Gray Road and Main Street REIMBURSABLE
Company Hours
142.13
CUE:
1122765
Total Hours
142.13
Direct Costs
Fully Loaded construction - $16,40y.0b
Sub Total Construction Cost: ( $18,459.56
$22,183.68 100.0%
*If Total Project Cost is over $50k (including Install, Retirement, O&M, and Pre -Cap) it requires a
Specific WO
Company Labor $1,626.50 *Labor % is the percentage of estimated labor cost in relation to the total estimated labor costs
of the project, calculated using estimated labor hours and rates without loads.
04/24/2017 10:08 Informational Use Only Page 1 of 2
Host: http://entdukerpt.duke- CU Estimate Report Last Refreshed on:
energy.com/ReportServer
Work Authorization Cost Summary 04/24/201710:08
)verheads
Indiana Labor $1,003.5:
Credit
$2,630.05
Sub Total Retirement Cost:1 $2,630.05
$1,094.07(
$1,094.07 €
Total Cost: $22,183.68
Completion Report/Construction: I Approval Authorization: Date Approval Authorization: Date
Date Work Started:
Completion Date: .
Completed By:
Prepared By:
CBM: —
04/24/2017 10:08 Informational Use Only Page 2 of 2
Exhibit C EXHIBIT C
— e
Historic Fort Harrison EngineeringPOVIEner-W
13901 Otis Avenue Surveying
LIS
Indianapolis, IN 48218 Architecture
317-826-7100 GIS•og
Sc�1&P 317-828-7110 FAX Geology
Permanent Easement
Gray Road Transmission Line
Pt NE 114, Sec 29.18N -04E
Clay Township
Hamilton County, Indiana
LEGEND
XX — Parcel Number
E:/::/:7:1 —Permanent Easement
— Denotes Deed Line or
Ownership Change
Exhibit "A"
NE CORNER OF THE NE 1/4
SECTION 29 -18N -4E
IRON PIN FOUND 1.0' DOWN
NORTHING = 14522821.964
EASTING = 1895449.095
SMOKEY ROW
ROAD (136th STREET)
TERMINUS
1 � �
�I Q
1 I0
An q
_ 05
9
CHRIST COMMUNITY CHURCH (PCA), INC. I
Grid Nath AN INDIANA CORPORATION OF HAMILTON COUNTY, (�!
Scale 1'=100' IN THE STATE OF INDIANA t //a M
0 5D 100 CORPORATE WARRANTY DEED
AUGUST 17,
INSTR. X9549176176 o
SE CORNER OF THE NE 1/4
SECTION 29 -18N -4E I ��
BRASS PLUG FOUND
NORTHING = 14520177.564
EASTING = 1895481.872
POINT OF BEGINNING V I,f.,' / E W
E 131st ST.
(E. MAIN STREET) (S.R. 234) S LINE, NE 1/4
NOTE:
The horizontal data shown on this survey are based upon a
positional solution derived from Global Positioning System'
(GPS) observations processed by National Geodetic Survey
(NGS) utilizing their Online Positioning User Service (OPUS)
software. The coord'mate values shown are In the Universal
Transverse Mercator — Zone 16 North on the 1983 North
Americo n Datum utilizing the Continuously Operating
Reference Stations (CORS) adjustment as determined by NGS
(NAD 83, CORS 96, EPOCH 2002-000, US Survey feet).
NOTE
A9 bearings, distances and coordinates are referenced to the Unhwsal
Transverse Mercator — Zone 16 North (NAD83) Coordinate System. Combined
Scale Factor for this project is 0.99954275. Distances shown hereon are
GROUND distances Combined Scale Factor has been appried.
This dowing Is not intended to be represented as a
retracement or original boundary survey, a route survey, or l/
7 aj;tA
1J.
a Surveyor Location Report Q
Carolina L Candler.
Registered Land Surveyor #20400008
,lob No. 7015.001 February 13, 2009
He No. T:\7k\7015\001\dwgs\Parcds\Parcd 05\Parcel 05.dwg
Date 02/13/09 KKE
37 - No. - 56=
z040'000s
STATE OF
%i�I�i"��ipr n urRn ��`y�\\•
(Sheet 1 of 1)
Gray Road Transmission Route
Parcel 05
Pt NE 1/4, Sec. 29 -18N -4E
Clay Township
Hamilton County, Indiana
Owner:
Christ Community Church (PCA), Inc.
An Indiana Corporation of Hamilton County,
In the State of Indiana
Corporate Warranty Deed
August 17, 1995
Instr. #9549176
545.00 linear feet permanent easement
35,425 square feet permanent easement
0.01 acres permanent easement
Permanent Easement
Part of the Northeast Quarter of Section 29, Township 18 North, Range 4 East of the Second
Principal Meridian in Hamilton County, Indiana, being a strip of land 65 feet in width
lying west of and adjoining the following described line:
Beginning at the Southeast Corner of said Quarter Section, said corner being at Universal
Transverse Mercator - Zone 16 North (North American Datum of 1983,CORS 96 EPOCH 2002.000)
coordinate 14520177.564 North and 1895481.872 East; thence North 00 degrees 42 minutes 36
seconds West (grid bearing based on said UTM Zone 16 North) along the east line of said
Quarter Section a distance of 545.00 feet (all distances in this description are
horizontal ground distances) to the north line of the Grantor's land also being the
Terminus. The sidelines of said strip being lengthened or shortened to intersect with the
north line and the south line of the Grantor's land.
Coralina L. Candler = 20400008
Registered Land Surveyor #20400006 si:.n: T
January 23, 2009
This drawing is not intended to be represented as a retracement or original boundary
survey, a route survey, or a Surveyor Location Report
Schneider Corporation
Job No. 7015.001
January 23, 2009 kke
Document No. T:\7k\7015\001\dwgs\Parcels\Parcel 05\Parcel 05.doc
Historic Fort Harrison
Engineering
$
8901 Otis Avenue
Surveying
Y
Indianapolis, IN 46216
Landscape
317-826-7100
Architecture
-Schneider
317-126-7200 FAX
GISOLIS
Geology
Gray Road Transmission Route
Parcel 05
Pt NE 1/4, Sec. 29 -18N -4E
Clay Township
Hamilton County, Indiana
Owner:
Christ Community Church (PCA), Inc.
An Indiana Corporation of Hamilton County,
In the State of Indiana
Corporate Warranty Deed
August 17, 1995
Instr. #9549176
545.00 linear feet permanent easement
35,425 square feet permanent easement
0.01 acres permanent easement
Permanent Easement
Part of the Northeast Quarter of Section 29, Township 18 North, Range 4 East of the Second
Principal Meridian in Hamilton County, Indiana, being a strip of land 65 feet in width
lying west of and adjoining the following described line:
Beginning at the Southeast Corner of said Quarter Section, said corner being at Universal
Transverse Mercator - Zone 16 North (North American Datum of 1983,CORS 96 EPOCH 2002.000)
coordinate 14520177.564 North and 1895481.872 East; thence North 00 degrees 42 minutes 36
seconds West (grid bearing based on said UTM Zone 16 North) along the east line of said
Quarter Section a distance of 545.00 feet (all distances in this description are
horizontal ground distances) to the north line of the Grantor's land also being the
Terminus. The sidelines of said strip being lengthened or shortened to intersect with the
north line and the south line of the Grantor's land.
Coralina L. Candler = 20400008
Registered Land Surveyor #20400006 si:.n: T
January 23, 2009
This drawing is not intended to be represented as a retracement or original boundary
survey, a route survey, or a Surveyor Location Report
Schneider Corporation
Job No. 7015.001
January 23, 2009 kke
Document No. T:\7k\7015\001\dwgs\Parcels\Parcel 05\Parcel 05.doc
Historic Fort Harrison Sv
8901 Otis Avenue Surveying
Indianapolis, IN 48218 Architecture .ETIs
317-82-7100 GI
$chneideir 317-8286-7110 FAX Geology
Permanent Easement Exhibit "A"
Gray Road Transmission Line
Pt SE 114, Sec 29.18N.04E NE CORNER OF THE SE 1/4
Clay Township SECTION 29 -18N -4E
Hamilton County, Indiana BRASS PLUG FOUND
LEGEND (E: MAIN STREET) (S.R. 234)
XX — Parcel Number
E 131st ST.
Permanent Easement
o
POINT OF BEGINNING
—Denotes Deed Line or
NORTHING=14520127.391
Ownership Change
FASTING=1895442785
N89'43'17"E
— — — —
—
— 589'43'17°w
40.00'
--
- f/
20' DRAINAGE, UTILITY, &�
SCREENING EASEMENT
(PER PLAT)
I 40' R/W
d
O6A
= W
HELEN L PORTWOOD
—- WARRANTY DEED
N
Z -
NOVEMBER 18, 1999
0En C4�Z/
Grid Norah INSTR. #199909968099
'[oV ill
Scale 1'=30'
3 n I1-4
0 15 30
;C!
LOT 118
M,
BROOKSHIRE NORTH
z
SECTION THREE
BOOK 5, PAGE 183-184 ISI
NOTE
All bearings, distances and coordinates are II/ I
9. referenced to the Universal /
Transverse Mercator — Zone 16 North (NAD83) Coordinate System. CombinedS77'18'57wW
are Scale Factor for this project Is 0.99954275. Distances shown hereon a18.2D'
GROUND distances Combined Scale Factor has been applied
NOTE;
The horizontal data shown on this survey are based upon a
positional solution derived from pabal Positioning System
(GPS) observallons processed by Nationd Geodetic Survey
(NGS) utilizing their Online Positioning User Service (OPUS)
software The coordinate values shown are in the Universal
Transverse Mercator — Zone 16 North on the 19113 North
American Datum utilizing the Continuously Operating
Reference Stations (CORS) adjustment as determined by NGS
(NAD 83, CORS 96, EPOCH 2002—W0, US Survey feet).
This drawing Is not intended to be represented as a
retracement or original boundary survey, a route survey, orm
a Surveyor Location Report a 1
Jab No..7015.001
File No. T.\7k\7015\001\dwgs\Parcds\Parcd 06A\Parcel O6A.dwg
Date 03/4/09 KKE
SE CORNER OF THE SE 1/4
SECTION 29 -18N -4E
RAILROAD SPIKE FOUND
NORTHING = 14517533.731
EASTING = 1895529.566
E. 126th ST.
Carolina L Candler
Registered Land Surveyor #20400008
March 4, 2009
W
V)
LJ
z
W
1 of 1)
(&Iz�
Schneider
Gray Road Transmission Route
Parcel 06A
Pt SE 1/4, Sec. 29 -18N -4E
Clay Township
Hamilton County, Indiana
Owner:
Helen L. Portwood
Warranty Deed
November 18, 1999
Instrument 0199909968099
3166 square feet permanent easement
0.07 acres permanent easement
Permanent Easement
Historic Fort Harrison
Engineering
8901 Otis Avenue
Surveying
Indianapolis, IN 46216
Landscape
317-826-7100
Architecture
317-826-7200 FAX
GIS*LIS
Geology
Part of Lot 118 in Brookshire North - Section Three Subdivision recorded in Plat Book 5,
Pages 183-184 in the Office of the Recorder of Hamilton County, Indiana, being described
as follows:
Beginning at the northeast corner of said Lot 118, said corner being at Universal
Transverse Mercator - Zone 16 North (North American Datum of 1983,CORS 96 EPOCH 2002.000)
coordinate 14520127.391 North and 1895442.785 East; thence South 01 degrees 02 minutes 01
seconds East (grid bearing based on said UTM Zone 16 North) along the east line of said
Lot a distance of 148.24 feet (all distances in this description are horizontal ground
distances); thence South 77 degrees 18 minutes 57 seconds West along the south line of
said Lot a distance of 18.20 feet; thence North 03 degrees 26 minutes 47 seconds West a
distance of 152.37 feet to the north line of said Lot; thence North 89 degrees 43 minutes
17 seconds East along the north line of said Lot a distance of 24.25 feet to the Point of
Beginning, containing 0.07 acres, more or less. ,mlt8ifltltrrn,,,.
A1114IL�Candler Y
Registered Land Surveyor 020400008
March 4, 2009
This drawing is not intended to be represented as a ret
survey, a route survey, or a Surveyor Location Report
v\•''r. it
No.
20400008STAM or.
icemen or original boundary
Schneider Corporation
Job No. 7015.001
March 4, 2009 laj
Document No. \\tsc.schneidercorp.com\Production\7k\7015\001\dwgs\Parcels\Parcel 06A\Parcel
06A.doc
City ®f Carmel
INDIANA RETAIL TAX EXEMPT
CERTIFICATE NO. 003120155 002 0
Page 1 of 1
PURCHASE ORDER NUMBER
SHIPPING INSTRUCTIONS
FEDERAL EXCISE TAX EXEMPT
100501
ONE CIVIC SQUARE
35-6000972
THIS NUMBER MUST APPEAR ON INVOICES, AIP
CARMEL, INDIANA 46032-2584
FORM APPROVED BY STATE BOARD OF ACCOUNTS FOR
CITY OF CARMEL - 1997
VOUCHER, DELIVERY MEMO, PACKING SLIPS,
SHIPPING LABELS AND ANY CORRESPONDENCE
PURCHASE ORDER DATE
DATE REQUIRED
REQUISITION NO.
VENDOR NO.
DESCRIPTION
6/9/2017
370686
Project 16 -ENG -55
DUKE ENERGY
City Engineering's Office
VENDOR PO BOX 602566
SHIP 1 Civic Square
TO Carmel, IN 46032 -
CHARLOTTE, NC 28260--2566
Kate Lustig
PURCHASE ID
BLANKET
CONTRACT
PAYMENT TERMS
FREIGHT
16136
QUANTITY
UNIT OF MEASURE
DESCRIPTION
UNIT PRICE EXTENSION
Department: 2200 Fund: 0 COIT Bond Fund
Account., 94-650.04
1 Each Main Street and Gray Road Distribution Reimbursement $22,183.68 $22,183.68
Agreement
Sub Total $22,183.68
Send Invoice To:
Skip Tennancour
American Structurepoint, Inc.
8425 Wicklow Way
Brownsburg, IN 46112
zuie Lul l tsono ,PLEASE INVOICE IN DUPLICATE
DEPARTMENT I ACCOUNT
W PROJECT A PROJECT ACCOUNT AMOUNT
PAYMENT $22,183.68
SHIPPING INSTRUCTIONS
' AIP VOUCHER CANNOT BE APPROVED FOR PAYMENT UNLESS THE P.O. NUMBER IS MADE A
PART OF THE VOUCHER AND EVERY INVOICE AND VOUCHER HAS THE PROPER SWORN
*SHIP PREPAID.
AFFIDAVIT ATTACHED. I HEREBY CERTIFY THAT THERE IS AN UNOBLI GATED BALANCE IN
•C.O.D. SHIPMENT CANNOT BE ACCEPTED.
THIS APPROPRIATION SUFFICIENT TO PAY FOR THE ABOVE ORDER.
'PURCHASE ORDER NUMBER MUST APPEAR ON ALL SHIPPING LABEL
'THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99, ACTS 1945 ;Z
AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO. ORDERED BY
Jeremy Kashman
TITLE Director
CONTROL NO. 100501 CLERK -TREASURER
Douglas Haney
Corporation Counsel