City of Carmel/Vectren Energy VECTREN REIMBURSEMENT AGREEMENT
APPROY:O AS TO FORM BY
4._
THIS AGREEMENT made and entered into this ist day of April 2010, by
and between The City of Carmel Party of the First Part, hereinafter referred to as City of Carmel
and Vectren Energy Delivery 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, Shelborne Road between 116th 126th
Street's 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 distribution system.
WHEREAS, due to said construction, certain adjustments, removals, alterations and /or
relocations of existing VECTREN 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, removals, 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 covenants to the following:
To provide a complete and detailed drawing of the work that will be required by VECTREN to adjust,
remove, alter and /or relocate its facilities in a manner that will allow VECTREN to maintain and
operate its facility in an approved 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 wages 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 33,5
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 period of (3) three years from the date final payment is received 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 authorized for repayment to
the City of Carmel within 6o calendar days from the day the discrepancy is discovered,
provided that both VECTREN and the City of Carmel concur that an over 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 described in this Section; said written explanation will be provided to the City
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 incurred by VECTREN to
complete its work which is estimated to be 33,5 within 6o calendar days 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 or indirectly related to employment because of his race, color,
religion, national origin or ancestry. Breach of this convening may be regarded as a material 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 arising 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, however, that where VECTREN is guilty of negligence with respect to the occurrence or
occurrences giving rise 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 City of Carmel
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 separately and severally have caused this
instrument to be executed in their respective names by and through their duly authorized company
officials and /or property owners.
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ACKNOWLEDGMENT
Vectren Encl.!.
elivery
Eric a c i ce President Energy Delivery
(Signature of Company Official)
-.___171-, r c__7_7/7
Eric J. Schach
(Company Officials Name Printed or Typed)
ATTEST:
State of Indiana County of !/ko0waimik
Before me, the undersigned Notary Public in and for said County, personally appeared
Eric J. Schach, Vice President Energy Delivery
(Name and Offices of Company Official)
Such Official being a duly authorized representative of Ve tren Energy Delivery and acknowledged the
execution of the foregoing contract on this /J day of 1 L 2061/ 0
\F Witness my hand and seal the said last day.
(Notary Public)
SUSAN E. FEASTER �(i`t1
e Resident of Vanderburgh County, IN (Notary Public, Printed or Typed)
i Commission Expires: April 23, 2014
alitidblaeli County of Residence
My Commission Expires:
4 /2IL X5
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Board of Public Works and Safety
City of Carmel
j e,dei,/ or James Brainard Date
9
Mar Ann urke, Member Date
5
t(D
Lori Wat .n, Member Date
ATTEST:
O _d
llkt
P Tana L. Cordray,rrk Treasurer Da
ACKNOWLEDGMENT
City of Carmel
(Signature of Company Official)
(Company Officials Name Printed or Typed)
(Company Officials Position or Title)
ATTEST:
l�
Q
On this 1 day of V" .A 20 l0 there appeared before me, a Notary
.l I I L
Public, A
(8( JS arak: 1 Vd LLC lL
h CS1'1 antl
(Name and Office of Company Official)
Such Official being a duly authorized representative of Z3C Rkit 1 C "c and acknowledged
the execution of the foregoing contract on this 1 c3 1 day of 2o0.3
Witness my hand and seal the said last day.
(Notary Public)
6, aon cbct_ (Name Printed or Typed)
r
-H-rAnc r Ion 71-T11 A- -P-
(County of Residence)
My Commission Expires: IM
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