Duke Energy Indiana, Inc.
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UTILITY REIMBURSEMENT AGREEMENT
(West Main Street and SW 4th Avenue) APPROVED AS TO FORM BY ~
THIS AGREEMENT, made and effective this If/>- day OfF ,2006,
is by and between PSI EnerclV. Inc. d/b/a Duke EnerClV Indiana. Inc., an Indiana
electric public utility corporation (hereinafter referred to as "PSI"), and the Citv of
Carmel, an Indiana municipal corporation acting by and through its Board of Public
Works and Safety (hereinafter referred to as "the City").
WITNESSETH:
WHEREAS, as an Indiana public utility, PSI has the right under Indiana law to
construct, operate and maintain its utility facitlities upon Indiana public road right of way
including but not limited to, the City's West Main Street and SW 4" Avenue in Carmel,
Indiana (hereinafter referred to as "the Streets"); and
WHEREAS, pursuant to that legal right, PSI has constructed and now operates and
maintains certain overhead electric line facilities upon the Streets which are more
particularly described on the attached Exhibit "A" (hereinafter referred to as "the Utility
Facilities"); and
WHEREAS, the City needs to make certain improvements to the Streets, and the
City and PSI have determined that the Utility Facilities will need to be relocated before
this improvement can be made by the City; and
WHEREAS, the City has acquired or will acquire at the expense of the City, a
relocation area on public road right of way for the Utility Facilities which PSI has
determined is suitable; and
WHEREAS, the City has requested PSI to relocate the overhead Utility Facilities to
said relocation area in an underground manner, as described on Exhibit "A".
WHEREAS, PSI is willing to relocate the Utility Facilities in an underground manner
to said relocation area; provided that the City reimburses PSI any costs actually incurred
by PSI in the future in the event the underground 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 City or other
governmental entity; and
WHEREAS, the City is willing to reimburse PSI for such future costs subject to the
terms and conditions contained herein.
NOW, THEREFORE, for and in consideration of the mutual promises from, to and
between PSI and the City, hereinafter contained, PSI and the City do hereby agree to
and with each other, as follows:
SECTION I. PSI 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 overhead Utility Faciliites in an underground manner, as described on
Exhibit "A" (hereinafter referred to as "the Work").
SECTION II. PSI shall not start the Work until (a) written notice has been given to
PSI by the City that the Work has been authorized, and (b) the City has denoted the
public road right-of-way line by staked surveyor other proper means. Delivery of said
written notice by the City to PSI shall also constitute City's affirmation that it has
acquired the necessary public road right-of-way area for the relocation area and the
Work.
SECTION III. The City shall also reimburse PSI for any costs actually incurred by
PSI in the future in the event the underground 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 City or other
governmental entity.
2
SECTION IV. PSI, 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 V. PSI shall indemnify and hold harmless the City 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 City is
negligent or engages in intentional misconduct with respect to the occurrence or
occurrences giving rise to the Claim, PSI shall have no duty to indemnify and hold
harmless the City.
[Remainder of page intentionally left blank.]
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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.
PSI ENERGY, INC.
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( Name. Printed or Typed)
(}(J'frrmr~ ~6J"e-Y cJ?>U V
( Position)
CITY OF CARMEL,
BY AND THROUGH ITS BOARD OF PUBLIC WORKS AND SAFETY
By: ~~ P. ~I Mayor
Printe.1'Name: vj,/'f'tf".sj3JAallfd~
Printed Title: 111 ~I" o~
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Dated: b - 7- D~
By ~~WJ . M~ooc
Printed Nam : /?lA-ILl AN,.) 8u/lke-
Printed Title: /?J ~.he;e
Dated: - --()
By:
Printed Name:
Printed Title:
Dated:
, Member
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