Duke Energy In/Engr
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APPROVED AS TO FORM BY ~
UTILITY REIMBURSEMENT AGREEMENT
(Carmel Pennsylvania Street from 103'" to 106'. Streets Project)
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THIS AGREEMENT, made and effective this 7~ day of -Drc.l1.c.0007,
is by and between Duke EnerQv Indiana. Inc., an Indiana electric public utility
corporation (hereinafter referred to as "DEI"), and the City of Carmel, an Indiana
municipal corporation acting by and through its Board of Public Works and Safety
(hereinafter referred to as "the City").
WITNESSETH:
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WHEREAS, as an Indiana public utility, DEI 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 Pennsylvania Street from 103'" to 106'. Streets
in Carmel, Indiana; and
WHEREAS, pursuant to that legal right, DEI has constr,ucted and now operates and
maintains certain underground electric line facilities upon Pennsylvania Street from
103m to 106'. Streets and upon platted utility strips and other easement areas which
adjoin said streets, all of 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 Pennsylvania Street
from 103'" to 106'. Streets and the City and DEI have determined that the Utility
Facilities will need to be relocated before this improvel)1ent 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, and DEI has acquired
an easement area, both of which areas DEI has determined are suitable and are
hereinafter referred to as "said relocation area"; and
WHEREAS, the City has requested DEI to relocate the underground Utility Facilities
to said relocation area in an underground manner, as described on Exhibit "A;" and
WHEREAS, DEI is willing to relocate the Utility Facilities in an underground manner
to said relocation area; provided that the City reimburses DEI for the costs actually
incurred by DEI so to do (with the preliminary estimated cost as hereinafter described,
being paid to DEI by the City 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 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 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 City, hereinafter contained, DEI and the City do hereby agree to
and with each other, as follows:
SECTION I. DEI 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 underground Utility Faciliites in an underground manner to said relocation
area, as described on Exhibit "A" (hereinafter referred to as "the Work"). The
preliminary estimated cost thereof is $23,986.00 as shown on the attached Exhibit "B."
SECTION II. The City shall reimburse DEI for the actual costs incurred by DEI to
perform the Work within thirty (30) days after receiving a written, itemized statement
from DEI. 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 (a) written notice has been given to
DEI by the City that the Work has been authorized and funds are available to reimburse
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DEI, (b) the City has denoted the public road right-of-way line by staked surveyor other
proper means, and (c) the City had paid DEI one half ($11,193.00) of the aforestated
preliminary estimated cost of $23,986.00. Delivery of said written notice by the City to
DEI 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 IV. DEI, 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 empioyment
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. DEI 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, DEI shall have no duty to indemnify and hold
harmless the City.
[Signature page follows.]
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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.
M->tA ~
(Siqnature)
.m /I<E k (J"()NTZ
( Name. Printed or Tvped)
( Position)
CITY OF CARMEL,
BY AND THROUGH ITS BOARD OF PUBLIC WORKS AND SAFETY
By: , Mayor
P ted Name: JJtIfJO {3~/J/4''#J''tJ
Printed Title: /1! /frO j>
Dated: -5 ~ '1 - t/
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By: , Member
Printed Nam: i oe; S. IJ.)(I ~"'
Printed Title: U~~ C!~
Dated: :? (..., /07
By: ~f >01 /N'Jo,d , Member
Printed Name: rYJ .:oryill?n&/./.b-L.
Printed Title:
Dated: -3/7/u7
4
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AREA North
DISTRICT Carmel
COUNTY Hamilton
TOWNSHIP Clay
TC 29018
WO#: C8190
JT#: 850109
DIST CIRCUIT: Homeplace 1247
ENGINEER: Carl Horoho 765-454-6191
INSTALL
REMOVE
MAINT
WORKCODES
DIST
C8191PIULG
C8191PRULG
C8191PDUML
EXHIBIT A
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INDEX CarMel District Distribution S steM
DETAIL City of CarMel - REIMBURSABLE
Penns l vania Street Rehabilitation
OATE 12/11/06 SCALE l' = 50' REV, SHEET
C, Horoho
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1 OF 1
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EXHIBIT B - Estimate to relocate one switchgear at Pennylvania and 106th Streets.
Item t:stlmatea (;ost
Padmounted SwitchQear $22,834
Removal of Pad mounted Switchgear $1.152
Total estimated cost to relocate one padmounted switchgear as of January 12, 2007 $23,986