Vectren/Engr 41
VECTREN REIMBURSEMENT AGREEMENT
APPROYCD AS TO FORM BY
THIS AGREEMENT made and entered into this 15 day of _A UJ_L( 204_, by
and between THE CiTY OF CARMEL Party of the First Part, and Vectren Energy Delis en Party
of the Second Part, hereinafter referred to as VECTREN
WITNESSETH
WHEREAS The City of Carmel desires to make certain changes, improvements and /or
adjustments to their property or facilities located at or near, KEYSTONE PARKWAY NORTH
OF 116Th STREET hereinafter referred to as the Project"
WHEREAS, said changes improvements and /or adjustments will adversely affect
VECTREN S operation and maintenance capabilities to its natural gas distnbution system
WHEREAS, due to said construction, certain adjustments, removals, alterations and /or
relocations of existing V ECTREN facilities will have to be made as shown on Exhibit A attached
hereto and by this reference made a part of this agreement
WHEREAS, it is in the best interests of both VECTREN and THE CITY OF CARMEL for
VECTREN to make these adjustments remoials alterations and /or relocations of its existing
facilities with the their regular construction and maintenance forces, or by a contractor(s) paid
under a contract let by VECTREN
NOW THEREFORE, for and in consideration of the mutual covenant herein recited both
VECTREN and THE CITY OF CARMEL do herein agree as follows
SECTION I VECTREN agrees and cox enants to the following
To provide a complete and detailed draw ing of thew ork that will be required b3 VECTREN to adjust,
remove, altet and /or relocate its facilities in a manner that will allow VECTREN to maintain and
operate its facility in an approsed and acceptable manner, said drawing is referenced above and
attached to this agreement as Exhibit A
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To complete with its regular construction or maintenance crew and personnel at its standard
schedule of swages and working hours, or by a VECTREN approved contractor(s), the necessary
adjustments, removals, alterations and /or relocations to its existing facilities as shown in Exhibit
A The preliminary cost estimate thereof being 43583 72
To keep accurate and complete records of all the work and charges required to complete the work
detailed in Exhibit A and to make these documents accessible to THE CiTY OF CARMEL or their
auditors for a penod of (3) three years from the date final payment is recess ed by VECTREN
Should these records be audited and discrepancies found that resulted in an overpayment
by THE CITY OF CARMEL, such over payment refund shall be authonzed for repayment to
THE CITY OF CARMEL within 6o calendar days from the day the discrepancy is discos ered
provided that both VECTREN and THE C!TY OF CARMEL concurthat an o er payment has
been made
To provide to THE CITY OF CARMEL a written explanation if the total project charges exceed the
projects estimated cost as descnbed in this Section, said vsntten explanation will be provided to
THE CITI OF CARMEL in a timely manner though it is to be understood that some project
discrepancies may not be identified until the time of final billing
SECTION II THE CITY OF CARMEL agrees and covenants to the following
To reimburse to VECTREN, in one lump sum payment, the actual cost incmred by VECTREN to
complete its work which is estimated to be 43583 72, within 6o calendar day s from the date the
payment is requested in writing by VECTREN
SECTION III Neither THE CITY OF CARMEL nor its contractor(s) or
subcontractors, if any shall discriminate against any employee or applicant for employment, to be
employed in the performance of this contract, with respect to his hire, tenure, terms, conditions or
privileges of employment, or any matter directly of indirectly related to employment because of his
race color, religion, national ongin or ancestry Breach of this convening may be regarded as a
matenal breach of the contract
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SECTION IV THE CITY OF CARMEL its employees, agents and representatives,
shall indemnify, protect and hold harmless VECTREN 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 (hereinafter `Claim ansing out of intentional,
tortuous or sole negligence of THE CITY OF CARMEL, its employees or agents or contractors, in
relation to or in connection with any work performed or to be performed pursuant to this Agreement
provided howee er, that where VECTREN is guilty of negligence with respect to the occurrence or
occurrences giving nse to the Claim, THE CITY OF CARMEL shall have no duty to indemnify
protect, or hold harmless VECTREN
SECTION V THE CITY OF CARMEL, its contractor(s) and subcontractors, if any,
shall abide by all terms and conditions of VECTREN, and /or other jurisdictional agencies for the
Project including, but not limited to, State, County and Municipal authorities, the United States
Army Corps of Engineers, Indiana Department of Environmental Management, and Indiana
Department of Natural Resources
SECTION VI No portion of this Agreement shall become legally binding until said
Agreement is fully signed and executed by both parties
IN WITNESS WHEREOF, the parties hereto sep'irately and seterally have caused this
instrument to be executed in their respectn e names by and through then duly authonzed company
officials and /or property owners
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ACKNOWLFDGMFNT
Vectren Energy
Enc J Schoch Vice President Energy Delivery
(Signature of Company Official)
Enc J Schoch
(Company Officials Name Pnnted or Ty ped)
ATTEST
Stote of Indiana County of grkihpalaedilt
Before me the undersigned Notary Public in and for sold County, personally appeared
Fnr. J Schnell. Vice President Tneres Deln ery
(Name and Offices of Company Official)
Such Official being a duly outhonzed representatn e of Vectren Fnerg Delivery and acknoµledged the
execution of the focegomg contract on this 25 day of ./O#e 200
toe
Witness my hand and seal the s ud last day s
(Notary Public)
v SUSAN E FEASTER
■-5 E 1 A z e7i:r
'01 Resident of Vanderburgh County IN
Commission Expires April 29, 2014 (No ry Public Pnnted or Typed)
V 11e6it
County of Residence
My Commission Fxpires
4 eit I Zo I4
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ACKNOWLEDGMENT
,J Board of Wnrk 3
J,es ma a
Mary Me r
r,-
Lon atson ber
ATTEST
On this 1 5 day of JVI Lai there appeared before me a Notary p
Public Kama( .S Blewncirri La 4 etrY1, Mary &n✓1' ar /k2, ten ltd o h i n s N'1
(Name and Office of Company Official)
4 C Ptal Sara of and a fy orrs
Such Official being a duly authorized representatne of C.h( e/ and ck nossledged
the execution of the foregoing contract on this M of J r f Y zoo"
Witness my hand and seal the said last day
Lila, ti9- eor.e.a
(Not c) ary Public) A
C Qnn oAA5 r
(Name Pnnted or Typed) l
1fin.r&k
(County of Residence)
My Commission Expires A
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