Vectren/ENG/Utility Reimbursment VECTREN REIMBURSEMENT AGREEMENT 11, E :00
APPROVED ,DES
THIS AGREEMENT made and entered into this 25th day of January
2012,by and between 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, CITY OF CARMEL desires to make certain changes, improvements and/or
adjustments to their property or facilities located at or near, THE ELIZABETH WARREN DRAIN&
RIVER RD. 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 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 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$. S /3, 0 t7
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 or their auditors for a period of(3)
three years from the date final payment is received byVECTREN.
Should these records be audited and discrepancies found that resulted in an overpayment by CITY
OF CARMEL, such over payment refund shall be authorized for repayment to CITY OF CARMEL
within 6o calendar days from the day the discrepancy is discovered,provided that both VECTREN
and CITY OF CARMEL concur that an over payment has been made.
To provide to CITY OF CARMEL a written explanation if the total project charges exceed the
estimated project estimate shown in Exhibit `B" said written explanation will be provided to
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 CITY OF CARMEL agrees and covenants to the following:
To reimburse to VECTREN the actual cost incurred byVECTREN to complete its work which is
estimated to be $13,ogq ; the amount shown in exhibit"B" of this Agreement, within 6o calendar
days from the date the payment is requested in writing byVECTREN, in one lump sum payment,
said Exhibit"B"total being only the estimated dollar amount forVECTREN to complete the work
described in Exhibit"A'and presented at the time of the final billing.
SECTION III Neither 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 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 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, then CITY OF CARMEL shall have no duty to indemnify,
protect,or hold harmless VECTREN.
SECTION V CITY OF CARMEL, its contractor(s) and subcontractors, if any,
shall abide by all terms and conditions of VECTREN, and/or other regulating agencies for the
Project including,but not limited b, 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 untl
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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ti fir-
4
ACKNOWLEDGMENT
/
Vectren liner 14 : v•a
E c CArgrr,Vice President—Energy Delivery
(Signature of Company Official)
EC\C S€N J
Eric Schach
(Company Officials Name Printed or Typed)
ATTEST:
State of Indiana County of Hamilton SS:
Before me,the undersigned Notary Public in and for said County, personally appeared
Eric SLlna % V?—t. etg..) veliu \/
(Name and Offices of Co 1pany Official)
Such Official being a duly authorized representative of Vectren Energy Delivery and acknowledged the
execution of the foregoing contract on thislStkday ofAv('■‘ , 2013.
Witness my hand and seal the said 1 t day.
said )
(Notary Public)
0% GINGER RENEE BITTER
: .in, 1'anderburgh County
Gi lit My Commission Expires
(Notary Public, Printed or Typed)
"� ; ^4 January sin 2020
V ONv t bvrAL.
County of Residehce
My Commission Expires:
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Approved and Adopted this `) day of a, 20 '3.
CITY OF CARMEL, INDIANA
By and through its Board of Public Works and Safety
BY: 4
J s Brainard, Presiding Officer
ate:
leap
y A . Burke, Member
2
Date: `�/ - J '1_5
l
,$.
Lori S. Wdtso e ber.
Date: Li / 3/i 3
ATTEST:
\LJ. -yL £&
DianwCordray, IM lerk-Treasurer
Date: . /3
Vh&e 5 op 6
VECTREN PROJECT COST ESTIMATE
PROJECT LOCATION:
ELIZABETH WARREN DRAIN/RIVER ROAD CULVERT REPLACEMENT
OSA Noblesville DATE: 01/25/13
PROJECT ESTIMATED BY: Tim Bateson
PHONE: (317) 776-5570
MAXIMO PROJECT NUMBER: 4895896
POWER PLANT PROJECT NUMBER: 12583002061222
PROJECT TASK NUMBER: 001
PROJECT OWNER: City of Carmel
PROJECT CONTACT: Gary Duncan
PHONE:
OWNERS PROJECT NUMBER:
DES#OR ID NUMBER: 110382-20000
MATERIAL: .,
ITEM ID ITEM DESCRIPTION QUANTITY COST
NUMBER
V229343 6" PE COUPLING 2 $188
V607410 MARKER POST 2 $56
V221950 6' PE ELBOWS 4 $138
V228680 6" SUPPORT CLAMPS 2 $54
V086000 6' PE PIPE 305 $2,508
V600325 3LB ANODE 1 $22
V179800 TRACER WIRE 305 $82
V220270 6" PE CAP 2 $48
TOTAL MATERIAL ESTIMATE $3,096
W W
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VECTREN PROJECT COST ESTIMATE
VECTREN-LABOR:
ITEM DESCRIPTION QUANTITY COST
INSPECTOR 8 $216
TOTAL COMPANY LABOR ESTIMATE $216
VECTREN TRANS:
ITEM DESCRIPTION QUANTITY COST
CLASS 2 VEHICLE 8 $88
TOTAL TRANSPORTATION ESTIMATE $88
PRIMARY CONTRACTOR LABOR:
ITEM DESCRIPTION QUANTITY COST
MPL-6" Plastic Tie-Ins 2 $4,536
MPL-6" Squeeze Offs 2 $1,134
MPL-6" Plastic Main 305 $3,843
TOTAL CONTRACT LABOR ESTIMATE $9,513
V3
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VECTREN PROJECT COST ESTIMATE
MISC.COST:
ITEM DESCRIPTION QUANTITY COST
Sewer Locates 1 $186
TOTAL MISC COSTS ESTIMATE $186
SUMMARY OF ALL CHARGES:
TOTAL MATERIAL ESTIMATE $3,096
TOTAL VECTREN LABOR ESTIMATE $216
TOTAL CO. TRANS. ESTIMATE $88
TOTAL CONTRACTOR ESTIMATE $9,513
TOTAL MISC. ESTIMATE $186
TOTAL PROJECT ESTIMATE $13,099
Credits"'
Non Reimb. Items $0
D I Credit $0
Revenue Credit $0
Lump Sum $0
Percentage 0% $0
NET PROJECT COST $13,099
PLEASE NOTE: DOLLARS ARE ROUNDED TO THE NEAREST WHOLE DOLLAR
C
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