PSI Energy, Inc.UTILITY REIMBURSEMENT AGREEMENT
APPROVED, AS TO/
FORM BY.~.~.~}
The City of Carmel, Indiana, acting by and through its Board of
Public Works and Safety ("City") and PSI Energy, Inc., an Indiana
corporation ("Permittee"), effective this 1 st day of January, 2000
(notwithstanding the fact that both parties executed this Agreement after
that date), hereby agree that Permittee is granted permission by City to
install, operate, maintain, replace and remove, and to adjust as provided
herein, certain utility facilities, consisting of supporting structures,
anchors, guys, wires, cables, manholes, ducts, conduits, surface
transformers, and appurtenances and fixtures attached thereto, upon, over,
along and under the public road fight-of-way of Pennsylvania Street from
96tn Street to Old Meridian Street inclusive, in Carmel, Indiana
(collectively, the "Utility Facilities"), such Utility Facilities to be installed
adjacent to the presently installed utility facilities of Permittee, and within
approximately two (2) feet of and inside the Pennsylvania Street right-of-
way line, all as indicated on the plans for such road expansion identified as
the "Pennsylvania Road Improvement Project" ("the Project"). In
consideration thereof, Permittee agrees to abide by and conform to the
following terms and conditions:
1. The Utility Facilities to be installed, operated, maintained, replaced and
removed, and adjusted as provided herein, upon, over, along and under the
Pennsylvania Street right-of-way limits shall be maintained in a manner that
will not impair, interfere with or impede the Project or the construction,
maintenance or safe operation of Pennsylvania Street by City.
2. Upon written request from City, Permittee agrees to make any and all
necessary adjustments to the Utility Facilities that future traffic conditions
and/or road improvements necessitate, and City hereby agrees to reimburse
Permittee the reasonable costs of making such adjustments within thirty (30)
days from receipt of a written invoice from Permittee for the estimated and/or
actual amounts of said costs; provided, however, if the actual costs are less
than any estimated amount paid by City, Permittee shall refund the difference
to City.
Permittee agrees to comply with all applicable rules and regulations of City
when installing, maintaining, replacing and removing, and when adjusting as
provided herein, the Utility Facilities, and, except in a bona fide emergency
situation, to obtain all necessary permits and authorizations from City before
performing any of such functions on the Utility Facilities.
4. Permittee agrees that, at all times during any installation, maintenance,
replacement or removal, and adjustments of the Utility Facilities undertaken
pursuant hereto within the limits for Pennsylvania Street, it shall, at its sole
expense, provide such watchmen, flagmen, barricades, signs and lights as are
reasonably necessary to protect the safety of the traveling public upon
Pennsylvania Street, unless otherwise agreed in advance and in writing by
City's duly authorized representative.
5. Permittee agrees that all damages to drainage structures, roadbeds, pavement,
sidewalks and other Pennsylvania Street appurtenances arising from the
installation, maintenance, replacement, adjustment and/or removal of the
Utility Facilities shall be repaired at Permittee's sole expense and to City' s
reasonable satisfaction.
Permittee agrees that, excluding a bona fide emergency situation, no portion
of the pavement of the Pennsylvania Street or any other road affected by the
Pennsylvania Street project shall be disturbed without the prior written
consent of City, which consent shall not be unreasonably withheld or delayed,
and that, upon completion of any work upon the Pennsylvania Street or any
other road affected thereby, all disturbed portions of same shall be restored to
a condition which is as close as practicable to the condition they were in at the
time such work was commenced thereon.
Permittee agrees that, in the performance of this Utility Agreement, it shall
comply with the applicable portions of the "State of Indiana, Indiana
Department of Transportation, Utility Accommodation Policy, Dated
September 10, 1990" as amended, covering the occupancy of public highway
fights-of-way by utilities, as well as all other applicable federal, state and local
laws and regulations, and Permittee agrees to indemnify and hold harmless
City from any and all loss, damage, and/or liability to the extent caused by
Permittee's violation of such laws and regulations. This indemnification
obligation shall survive the termination of this Agreement.
Permittee agrees to self insure, or to procure and maintain in full force and
effect during the term of this Agreement, with an insurer licensed to do
business in the State of Indiana, such insurance as is necessary for the
protection of the City and Permittee from any and all claims for damages or
otherwise under any workers' compensation, occupational disease and/or
unemployment compensation act, for bodily injuries including, but not limited
to, personal injury, sickness, disease or death of or to any and all of
Permittee's agents, employees, contractors, subcontractors, outside sources
and other persons, and for any injury to or destruction of property, including,
but not limited to, loss of use resulting therefrom.
9. Permittee agrees to indemnify, defend and hold harmless City from and
against any and all liabilities, claims, demands and/or expenses (including
reasonable attorney fees) for injury, death and/or damage to any person or
property arising from or in connection with any work performed and/or
actions taken or not taken pursuant to or under this Agreement, unless such
liabilities, claims, demands and/or expenses arise out of the negligence of City
or its agents. This indemnification obligation shall survive the termination of
this Agreement.
10. The parties agree that Pemittee and all of its employees, contractors,
subcontractors, agents, and other persons under its direction and control shall
not be and are not employees of City.
11. Permittee shall require that all of its employees, agents, contractors,
subcontractors, and other persons under its direction and control, shall comply
with all existing and future laws of the United States, the State of Indiana and
City prohibiting discrimination against any employee, applicant for
employment or other person in the performance of this Agreement, with
respect to the hire, tenure, terms, conditions or privileges of employment and
to any other matter directly or indirectly related to employment or
subcontracting because of race, religion, color, sex, handicap, national origin,
ancestry, age, disabled veteran status and/or Vietnam era veteran status.
12. The parties represent and warrant that they are authorized to enter into this
Agreement, that the persons or entities executing same have the authority to
bind the party which they represent and that nothing contained herein shall be
construed to give any rights or benefits hereunder to anyone other than City or
Permittee.
13. This Agreement, together with any exhibits attached hereto or reference
herein, constitutes the entire agreement between Permittee and City with
respect to the subject matter hereof, and supersedes all prior oral and/or
written representations and agreements regarding same, and may only be
modified by written amendment executed by both parties hereto, or their
successors in interest.
14. City agrees to pay Permittee the actual costs (versus estimated costs) of the
Phase I and Phase II installation of the Utility Facilities upon, over, along and
under Pennsylvania Street pursuant to this Agreement. Actual costs for the
Phase I installation work are shown on the attached Appendix "A," and City
agrees to pay them to Permittee within thirty (30) days from the date this
Agreement is fully executed by City with the further understanding and
agreement of the parties that Permittee shall not commence the Phase II
installation of the Utility Facilities unless and until receipt of payment of the
Appendix "A" actual costs for Phase I, is received by Permittee. Appendix
"B" constitutes the estimated costs for Phase II which the parties agree shall
be paid within thirty (30) days from the date this Agreement is fully executed
Appendix "A"
Invoice Date: 3-14-2001
Invoice for Phase I of Pennsylvania Road Improvement Project, for the City of Carreel,
located in Carreel, Indiana. Shown below are actual costs versus estimated cost. The
City is expected to pay the actual cost amount.
Shown below are three different locations for Phase I that are being invoiced.
Option "D" 106th and Penn Road location:
South of 116th street on Penn Road location:
122nd street and Penn Road location:
Estimated cost: $273,000.00
Actual cost: $234,650.00
Total Invoice $234,650.00