Duke Energy/Utility Reimbursement
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UTILITY REIMBURSEMENT AGREEMENT.. ~
Gr;andBovlevariJ Project
. APPROVED AS TO FORM . .
THIS AGREEMENT, made and effective this ,3...J , day Of~, 2007i
is by and b,etweehDuke'Eherqv .an Iridiana.elec;ricpul:)ljc utility cOrporation (h,er,einafter
referred to as "Duke:'), and the CitV'ofCarmel,a'!, Indiana[,l\unicipal'c9rpor~ti()J1,ilc:ting
by and through its !,!oard of. Public Works an,d Safety (hereinafter referred to as "the
City"),
WIU.lESSETH:
WHEREAS, '!,sari Ipdla na publig U\ilitYi Dl,lke has the right under Indiana, law to
construct, operate and maintain its utility facitlities'upon In&ima, public road.right of way
including but not limited to, the City's GrandBr)vlevard in Carmel, hldlana; .and
WIjEREAS" pursuanj to that leg~I'righ1; DUKE has constructed and[l.ow operates
and maintains certain underground electriC line facilities' upon Grand'Bovievard and,
upon platted utility strips and other easement areas which adjOin said streets, all of <;
wl)ich'aremore partict!larly desyribed oT!,theattac,hed Exhibit'''A''(hereinafterr,~ferred to
as "the, Utility Fadlities''l;,and
WHEREAS, the.City needs to make certain improvements to ,Grand Bouleliar;d,
.and the CitY!lnd D.uke ~ave determih,edthat the Utility Facilities will, need to.be'
relocatedbefore.this,improvemenl:can,be.madeby the City; and
WBEREAS" the, City has acqlJ.ired or will acqlllre' at',.theexR~nse of treCity, a'
Telocation area on puolic road right ,of way for the' Utility Facilities, and Duke has
acquired, an easement area,both of which areas Duke has determined,are suitable and
areh'ereinafter referred to,as,"scaid relocatioi1:area"; and
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WHEREAs, the City has requested DUKE io relocate the underground Utility
Facilities,to said felocatibh.'area ilJ an ul)dergfound manne~'; as described on Exhibit "A:"
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and
Wi-lER,EAS, DUKE is willing to rebcate ~the Utility Fadlities in an underground
manner to said relocation area: provided that the City reimburse's DUKE for the costs
actuallY incurr~d by DUKE so t9 do (Wi)h the prelimilJary estim,ated cost, ashe[einafter
described, being paid to DuKE by ihe City befOre DUKE commences' 'the Work" as
such term is hereinafter defined), ahd for any costs actually ir]i:urred bY DUKE ih the
future in the ,eVent theundergrounpUtility F.acilities need to be adjusted, removed,
supported, altered, and/or relocated atany,time, or times (a) fOr another highway
improvement project and/or (b) for any other project of th,e City'or other governmental
entity; and
WHEREhS, the'Gity is willing to reiniburse DUKE for such preseot <lnd future costs
subjectt6.the term{andconditions cont~ined ,herein,
NOW, THEREFORE, fonnd in consideration of the mutual 'promises from, to and
between DUKE andtheCity,herein<lf'\er contained, DUKE ana.\he City do herel:N agree
to, and with,eachother,asfolloWs
SECTION I. DUKE with its regular construction or maintenance, crew and
personnel, at its standard' schecl:ule of wage~r and working hours, or by an approved
contractor.. will relocate the undergroundUtililyFaciliites inan.underground manner to
said relocation area"as described on Exhibit)',A", (her~i11after-referred to as "the Work"),
The prelim il"1aryestimated costA hereof is'$20;993.00 as showr) on tlieattat;,~ed Exhibit
H8,1I
SECTION,II. The City shall reimburse OUKE for the estimafed costs incurred by
DUKE to perform the Work within thirty (30) days after receiving a written; itemized
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statement from DuKE. DU'KE, shall have, the, right to submit such .statements for
progress paym'ents 'il.s' theyvork proceeds, .At'such time DUKE determines the actual
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costs of theWbrkareliRelytoexceed bY'more than~$50~OOD, the preliminary estimated
cost as shown in Exhibit "B,:' DUKE shall_advise It"ie City.in w.ritihg, specifying the likely
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amount,.and not'proceed fulherwilf1;the'Work;untilthe City notifies DUKE in'writingto
proceed.
SEC:r10N III, DUKE shall not;stacttne W9rk uQtil (a) written notice.has .oeengiven
to DUKE by the City that the Work has been authorized. and funds are available to
reimburse DUKE, (0) t~e City has denoted the [ll.iblicroadright-ofcway lirie.bystal<ea
SUNe'tor other proper m.eans,al)d (c)the,City"had paid DUKE one half ($.10,496.50) of
the a.forestatedpreliminary estimated cost 01 $20,993;00. Delivery of sa'id written.notice
by the. City 'to DUKE, shall also constitute City's affirmation that it :has acquired the
"necessary public r9.ad right-of-Way area .forthe; relocation area, aM th.e: Work,
SECTION IV. DUKE, and i"ts contradtor and subcontractors, "if any, shall not
discriminate against any emp'loyee or applicant' for employment,. to be employed in the
performance of this AgreeiTleht,wlt.h respecno her/his )lire; tenure, terrj1s, conditions ot
privileges 61' empll?yment or any matter directly' or indirectly" related to employment
because of'her/hlsrace, color; religion, national origin or ancestry. Breach of-this
covenant may be regardedasa material breach oft~is Agreemel"1t,
SECTION V. DUKE shall indemnifY'.andhold harmless the' City from and against
anyal1qall legal liaQilltie.s ?l1d:other e1<penses; claims, costs" losses, sLiitsoejudgments
for damages, or injuries to or death of ,pe rsons or damage.tt> or destruction of property
arising out ortlle Work (hereafter "Claim"};proviqe:d, however, that where/the, City is
negligent or engages in intent)ol)al misconduct. with cespect to the occurrenc", or
occurrences giving rise:.to the .C1aim, DUKE shall have no duty to indemnify'andhold
harmless the City.'
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IN WITNESS WHEREOF, the :parties hereto have C<;lused thisA,greement to be
execyted by, t.hrol!g~ toeirduly,authorized representatives; effective.th'e ~ate first,above
written,
( Name" Printed or T.vped)
( Positjoh)
CITY OF-CARMEL,
BY AND 1:HROUGH ITS BOARD OF PUBLIC W(jRKS At-JD S""fETY
Printed.Tille,
Dated:
By:
Dated:
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By: I' "Member
Printed N ( ldQ; S, I1Y~l
Printed Tille:, {It\ e:wvb.tr'
Dated: II;) f:-:; 10 7
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,,,ndraM. JobnsOn.
DepiItyClerk for
,C},$Z,.rG'"\(/t.Q ~ (~
EXHIBITB - Estimate to relocalepoles.and bury'cable.for GrandBlvd:construction
Ilem
$5,387
$15;606
20,993