City of Carmel/Duke Energy/131st & Keystone UTILITY REIMBURSEMENT AGREEMENT
AP OV DASTOFORMB
Intersection Improvement Along Keystone Avenue 131 Street
THIS AGREEMENT, made and effective this 2nd day of February 2010, is by and
between Duke Energy Indiana, Inc., an Indiana electric public utility corporation
(hereinafter referred to as "DEI and The City of Carmel, in Indiana (hereinafter
referred to as "the Local Government
WITNESSETH:
WHEREAS, as an Indiana public utility, DEI has the right under Indiana law to
construct, operate and maintain its utility facilities upon Indiana public road right of way
including but not limited to, the Local Government's 131 Street Keystone Avenue
in Hamilton County, Clay Township, City of Carmel, Indiana; and
WHEREAS, DEI has constructed and now operates and maintains certain electric
line facilities upon and /or along 131 Street Keystone Avenue, all of which are more
particularly described on the attached Exhibit "A" (hereinafter referred to as "the Utility
Facilities and
WHEREAS, the Local Government needs to make certain improvements to 131
Street Keystone Avenue, and the Local Government and DEI have determined that
the Utility Facilities will need to be relocated before this improvement can be made by
the Local Government; and
WHEREAS, the Local Government has acquired or will acquire at the expense of
the Local Government, a relocation area on the public road right of way of 13l Street
Keystone Avenue for the Utility Facilities, which area DEI has determined is suitable
and is hereinafter referred to as "said relocation area and
WHEREAS, the Local Government has requested DEI to relocate the Utility
Facilities to said relocation area, as described on Exhibit "A;" and
WHEREAS, DEI is willing to relocate the Utility Facilities to said relocation area;
provided that the Local Government reimburses DEI for the costs actually incurred by
DEI which equal the difference between relocating the Utility Facilities in an
underground manner and relocating them in an overhead manner for the sum of
$260,799. The cost of this relocation shall be paid at the conclusion of the DEI
relocation project.
WHEREAS, for any costs actually incurred by DEI in the future in the event the
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 Local Government or other governmental entity, the Local Government 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 Local Government, hereinafter contained, DEI and the Local
Government 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
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relocate the Utility Facilities to said relocation area, as described on Exhibit "A"
(hereinafter referred to as "the Work The relocation cost to be reimbursed to DEI will
equal the difference between relocating the Utility Facilities in an underground manner
and relocating them in an overhead manner for the sum of $260,799. The cost
difference between DEI overhead facilities construction and underground facilities
construction is described in Exhibit "B
SECTION Il. The Local Government shall reimburse DEI for said actual costs
when the work on both projects has been completed by DEI and within thirty (30) days
after receiving a written, itemized statement from DEI.
SECTION III. DEI shall not start the Work until the following has occurred:
(a) written notice has been given to DEI by the Local Government that the Work has
been authorized and funds are available to reimburse DEI,
(b) the Local Government has denoted the public road right -of -way line by staked survey
at not more than 100 foot intervals with station markings,
(c) the Local Government has trimmed /removed all vegetation away from the public
road right -of -way as reasonably determined by DEI for the entire length of the project,
(d) the Local Government and DEI have executed this agreement, and
(e) written notice has been given to DEI by the Local Government that it has acquired
the necessary public road right -of -way area for the relocation area and the Work.
SECTION IV. The Local Government shall also reimburse DEI for any costs
actually incurred by DEI in the future in the event the Utility Facilities need to be
adjusted, removed, supported, altered, and /or relocated at any time or times (a) for
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another Local Government highway improvement project and /or (b) for any other project
of the Local Government or other governmental entity.
SECTION V. 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 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 VI. DEI shall indemnify and hold harmless the Local Government 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 Local Government 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 Local Government.
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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.
C&vtdygowla ncl.
(Signature)
Cindy Rowland
Name, Printed or Typed)
Project Engineer
Position)
City of Carmel
By: A
L l
Printed Name: J/ 4 'E. .S/P /Y ma y
Printed Title: AP71 OR
Dated: VS//0
By: C
Printed Nam /4,/1-4/ 4-en. v2ke
Printed Title: 1 Pil
Dated: 3 7 r /0
By:
r
Printee
Printed Title: w..b e
Dated: 3 z d
Attest:
Treasurer
5
h ak
FEn ergy
COST ESTIMATE EXHIBIT "B"
CITY OF CARMEL INTERSECTION IMPROVEMENT RELOCATION PROJECT
EMAX TRACKING NUMBER
256561
COUNTY TOWNSHIP
HAMILTON CLAY
WORK ORDER NUMBERS
CONSTRUCTION: F2224 RETIREMENT: F2224 MAINTENANCE: DOPROJOM 1
DOPROJUM
DESCRIPTION OF WORK: REMOVE EXISTNIG OH POLE LINE AND INSTALL UG CABLE FOR THE CITY OF CARMEL
INSECTION IMPROVEMENT WORK ALONG 131St STREET AND KEYSTONE AVENUE
SUMMARY OF ESTIMATED COSTS AMOUNT
(Omit Cents)
CONSTRUCTION CHARGES 275,770
REMOVAL CHARGES 11,325
O &M CHARGES 3,137
RIGHT -OF -WAY PURCHASES
RIGHT -OF -WAY CLEARING
TRANSFORMER CHARGES 1,440
TOTAL PROJECT COST 291,672
LESS COST FOR OH VS UG CONSTRUCTION 30,873)
NET AMOUNT SUBJECT TO REIMBURSEMENT: 260,799
PREPARED BY CINDY ROWLAND DATE 2/2/2010
APPROVED DATE
ENGINEERING REAL ESTATE SERVICES
NOTE: ACTUAL AMOUNT BILLED MAY VARY MARGINALLY.
TRANSPORTATION COSTS MAY INCREASE OR DECREASE DUE TO ACCESSIBILITY AND GRADE OF THE SITE.
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