HomeMy WebLinkAboutUTILITY REIMBURSEMENT AGREEMENT PLANK ROAD SIDEWALK UTILITY REIMBURSEMENT AGREEMENT
(Local Government - Road/Easement To Easement)
(City of Jeffersonville — Plank Road Sidewalk)
(Revised 2/11/13)
THIS AGREEMENT, made and effective this 20th day of May, 2019, is by and
between Duke Energy Indiana, LLC, an Indiana electric public utility corporation
(hereinafter referred to as "DEI"), and City of Jeffersonville, 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, Plank Road in Jeffersonville, Indiana; and
WHEREAS, DEI has constructed and now operates and maintains certain electric
line facilities upon and/or along Plank Road, all of which are more particularly depicted
or described on the attached Exhibit "A" (hereinafter referred to as "the Utility Facilities");
and
WHEREAS, the Local Government needs to make certain improvements to or
within Plank Road, 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 or DEI has acquired, or the Local Government
or DEI will acquire, either at the expense of the Local Government, a relocation area
which is not on public road right of way (including written easement rights to the
relocation area which are reasonably acceptable to DEI), 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 depicted or 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 incurred by DEI so to
do; and
WHEREAS, the Local Government is willing to reimburse DEI for such 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 will relocate the Utility Faciliites to said relocation area, as
depicted or described on Exhibit "A" (hereinafter referred to as "the Work"). The
preliminary estimated cost thereof is $20,045.77 as shown on the attached Exhibit "B."
SECTION II. The Local Government shall reimburse DEI for the actual costs
incurred by DEI to perform the Work within forty five (45) days after receiving a written,
itemized statement from DEI. Said statement shall include supporting documentation to
substantiate the claim. Such supporting documentation shall include, but shall not be
limited to, copies of material invoices, time sheets, vendor and/or contractor invoices
and other such documents as may be deemed necessary by the Local Government to
support such invoice. DEI shall have the right to submit such statements for progress
payments as the Work proceeds.
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 (i) the
Work has been authorized and funds are available to reimburse DEI, and (ii) all
necessary public road right of way has been acquired for the Work,
(b) the Local Government has denoted the public road right of way line in the
area of the Work, by staked survey at not more than 100 foot intervals with
station markings,
2
(c) the Local Government has trimmed/removed all vegetation away from the
public road right of way in the area of the Work, as reasonably determined by
DEI,
(d) the Local Government and DEI have executed this Agreement
SECTION IV. (Intentionally omitted.)
SECTION V. DEI shall not discriminate against any employee or applicant for
employment, in the performance of this Agreement, with respect to hire, tenure, terms,
conditions or privileges of employment or any matter directly or indirectly related to
employment because of 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.
[Signature page follows.]
3
Tax Cuts and Jobs Act Change in Law Relating to Contributions in
Aid of Construction (CIAC)
Pursuant to the Tax Cut & Jobs Act (TCJA) that was signed into law
effective as of December 22, 2017, section 118 of the U.S. Internal Revenue
Code was modified to exclude from non-taxable treatment any contribution in
aid of Construction or any other contribution as a potential customer, as well
as any contribution by any governmental entity or civic group. As a result of
the TCJA the work performed by Utility under this Agreement, will be
subject to a tax gross up (the "Tax Gross Up Payment"); provided however,
the TCJA contains a limited transition rule which provides that a
contribution made pursuant to a "master development plan" that was
approved prior to the effective date of the TCJA by a governmental entity is
governed by prior law, and therefore may not be taxable. If the Work is later
determined to be non-taxable, the Tax Gross Up Payment will be returned to
the Local Public Agency.
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, LLC
(Signature)
A . l
( Name, Printed or Typed)
51/4_(*IG
( Position)
Cit of Jefferso . ille
By:
Printed Name:
Printed Title:
Dated:
By:
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•�DUKE
SMC ENERGY,
Date: May 20,2019
Subject:
Utility Relocation Work Plan for: Duke Energy
Facility Type: Electric Distribution
Section 1: General Information
A. INDOT/LPA Project Information
1. Des Number.: n/a
2. Route Number: Plank Road Sidewalk Project
3. Location: Along Plank Rd from Main St to 10th St
4. Work Type: Relocation
5. Letting Date: n/a
6. Date Work Plan Needed: 4/12/19
7. Target Date for Utility to be out of conflict with INDOT Project: 8/1/19
Intermediate Phase: n/a
Intermediate Phase: n/a
B. Utility Designated Contact—Information
1. Designated Contact Name: Christina Girod
2. Office telephone: 317-896-6726
3. Mobile telephone: 317-273-9596
4. Email address: Christina.Girod@duke-energy.com
5. Agency name: Duke Energy
6. Address: 16475 Southpark Drive
7. City,State,Zip Code: Westfield, IN,46074
S. Construction Eme,:e cyContact:
Name: Christina Girod
Number: `317-273-9596
**For Ou4age a d Damage I toes please contact 1-800-521-2232**
C. By sig in: her- the Utility ha etermined to the best of their ability that they do not have facilities within
the p jest area:
/0 •
ke /72ooiee ,6-13.?9�i'9
Signature of Ut lity Representative Print Name Date
Note: A signature by the utility representative at item"(Cr fulfills the requirement to complete the rest of this
form and affirms their contact information above is correct
11 Revised 1 / 14 / 2016
S.).) DUKE
"'C' ENERGY-
D. INDOT/LPA Utility Coordinator Contact Information
1. Utility Coordinator Name: Mike Marling
2. Office Telephone: 812-945-9585
3. Mobile Telephone: 812-945-9585
4. Email Address: m.marling@jtleng.com
5. Agency Name: Jacobi,Toombs&Lanz Inc.
6. Address: 1829 E.Spring St,Suite 201
7. City,State,Zip Code New Albany,IN,47150
Section 2: A narrative description of the facility relocation that will be required. [IAC 13-3-3(c)]
A. Describe what types of existing active and inactive facilities are present.
There is an existing 14kV,3-phase OH line along north side of Plank Road,east of Main St.This Duke
circuit is Jeffersonville Kentucky Ave 1407.The Duke pole on the corner of Plank Rd and Main St,
Pole#443-694(STA 10+60),has a 1-phase tap northwest 82'to Pole#440-773.The 3-phase line of
the 1407 Circuit continues northeast on north side of Plank Rd until Pole#443-696,where this circuit
deadends at a normally open point.Another 3-phase OH 14kV circuit from the northeast
(Jeffersonville 138kV 1419)also deadends at this pole(STA 13+49).The 1419 Circuit continues
northeast along north side of Plank Rd until end of Plank Rd sidewalk project.Duke Pole#443-702 is
another normally open point for the Jeffersonville Kentucky Ave 1407 circuit.This 1407 3-phase line
comes from the southeast and deadends on this pole at STA 22+86.
Duke Energy is unable to confirm whether or not there are any underground,inactive Duke Energy
facilities present. Regardless,any such inactive facilities should be considered abandoned in place,
and therefore,subject to neither removal nor preservation by Duke Energy.
B. Describe the location of existing active and inactive facilities.
There is an existing 14kV,3-phase OH line along north side of Plank Road,east of Main St.This Duke
circuit is Jeffersonville Kentucky Ave 1407.The Duke pole on the corner of Plank Rd and Main St,
Pole#443-694(STA 10+60),has a 1-phase tap northwest 82'to Pole#440-773.The 3-phase line of
the 1407 Circuit continues northeast on north side of Plank Rd until Pole#443-696,where this circuit
deadends at a normally open point.Another 3-phase OH 14kV circuit from the northeast
(Jeffersonville 138kV 1419)also deadends at this pole(STA 13+49).The 1419 Circuit continues
northeast along north side of Plank Rd until end of Plank Rd sidewalk project.Duke Pole#443-702 is
another normally open point for the Jeffersonville Kentucky Ave 1407 circuit.This 1407 3-phase line
comes from the southeast and deadends on this pole at STA 22+86.
Duke Energy is unable to confirm whether or not there are any underground,inactive Duke Energy
facilities present. Regardless,any such inactive facilities should be considered abandoned in place,
and therefore,subject to neither removal nor preservation by Duke Energy.
C. Describe what will be done with existing active and inactive facilities.
Duke Pole#443-694(STA 10+60)is an existing 45/4 pole that will be replaced in place.The existing
Duke down guy will be removed and will not be replaced.The existing span guy to Pole#434-326
will be replaced.All OH conductors will be transferred to the new pole.Duke Pole#443-697(2 poles
northeast of P#443-696),located at STA 14+84,is an existing 40/4 pole that will also be replaced.
The Duke double down guy on the existing pole will not be replaced,but the Duke single down guy
will be replaced and located in line with the primary headed southwest.All OH conductors will be
transferred to the new pole.
21 Revised 1 / 14 / 2016
/r•)DUKE
V ENERGY
Duke Energy is unable to confirm whether or not there are any underground,inactive Duke Energy
facilities present. Regardless,any such inactive facilities should be considered abandoned in place,
and therefore,subject to neither removal nor preservation by Duke Energy.
PLEASE REFER TO THE OSHA WEBSITE FOR ALL CLEARANCE REQUIREMENTS BASED ON THE VOLTAGE
OF OUR LINES LISTED ABOVE.
http://www.osha.gov/pls/oshaweb/owadisp.show document?p table=STANDARDS&p id=19
WARNING: ANY ORANGE OR YELLOW COVER-UP THAT DUKE ENERGY WOULD PLACE ON THE
DISTRIBUTION LINE WOULD BE FOR VISUAL IDENTIFICATION ONLY AND WILL NOT PROTECT
AGAINST THE TRAVEL OF ELECTRICTY, THEREFORE ALL WIRES WOULD BE CONSIDERED BARE,
UNINSULATED,AND ENERGIZED AT ALL TIMES.
IF THE CONTRACTOR WOULD LIKE VISUAL COVER INSTALLED ON THE DISTRIBUTION WIRES,THEY
WILL NEED TO CONTACT THE DUKE ENERGY CALL CENTER FOR SCHEDULING AT 1.800.521.2232,
MONDAY THROUGH FRIDAY FROM 7A TO 7P OR ON SATURDAY FROM 8A TO 1P.
D. Describe the details of the proposed new facilities.
The 3 Duke poles being replaced are being replaced in same location. Pole#443-694(STA 10+60)will
be replaced with a 60/H1 pole with 15'cut off the top.The single 142'span guy from Pole#443-694
to 434-326 is at an angle of 245°from P#443-694.The proposed new Pole#443-697(STA 14+84)will
also be a 60/H1 pole with 15'cut off the top. Its proposed new single down guy will have the same
lead length(17')but the angle will be changed from 212°to 202°(in-line with primary).
E. Describe the proposed location of the new facilities.
The 3 Duke poles being replaced are being replaced in same location. Pole#443-694(STA 10+60)will
be replaced with a 60/H1 pole with 15'cut off the top.The single 142'span guy from Pole#443-694
to 434-326 is at an angle of 245°from P#443-694.The proposed new Pole#443-697(STA 14+84)will
also be a 60/ 1 pole with 15'cut off the top. Its proposed new single down guy will have the same
r.
lead length ')but the angle will be changed from 212°to 202°(in-line with primary).
F. By signing her ,t e Utility has determined to the best of their ability that they have facilities within the
project rea nd e facilities are nu in conflict with the project based upon the plans received on
2/13/1 1 i\\.) 1 '
1,'m-- ire /77002 /71 9//9
Signature of UtilitRepresentative Print Name Date
Note: A signature by the utility representative at item"(F)"fulfills the requirement to complete the rest of this form
and affirms their contact information above is correct.
Section 3: A statement whether the facility relocation is or is not dependent on the acquisition of additional
property interests with a description of that work. [IAC 13-3-3(c)(2) (B)]
(A) Duke Energy must have acquired all ROW,RR,State or Federal permits before relocation construction
begins.
(B) Duke Energy must have acquired all private"possessory rights"needed for the approved relocation
plan before relocation construction begins.
(C) Duke Energy will not be acquiring easements for the said project.
31 Revised 1 / 14/ 2016
qfprif_cE
RGY.
Section 4: A statement whether the utility is or is not willing to allow the INDOT contractor to do the required work
as part of the highway contract. [IAC 13-3-3(c)(3)]
Duke Energy Indiana is not willing to have a LPA's contractor perform the required relocation.
Section 5: From the date the work plan is approved by both parties;please provide the Utility's pre-construction
scheduling information.[IAC 13-3-3(c)(4),IAC 13-3-3(c) (5)]
A. The expected lead time in calendar days to obtain required permits: 60 Days
B. The expected lead time in calendar days to obtain materials: 60 Days
The expected lead time in calendar days to schedule work crews(Scheduling
C. 60 Days(Minimum)
is not included within the Pre-Construction Activity time line below):
D If the contractor is being selected by competitive bid what is the date of Not Applicable
selection?
E. The expected lead time in calendar days to obtain new property interests: INDOT to obtain all ROW
The earliest date when the utility could begin to implement the pre-
F. Material Reservation Contingent on
construction activities of the work plan: Work Plan Approval. Scheduling
Contingent on Notice to Proceed
The total number of calendar days for pre-construction activities
G. (accounting for concurrent activities)and not including Scheduling of 60 Days
Construction crews:
Section 6: The Utility Construction Scheduling Information. [IAC 13-3-3(c)(4),IAC 13-3-3(c)(5)]
A. A statement whether the facility relocation is or is not dependent on work to be done by another utility
with a description of that work. [IAC 13-3-3(c)(2)(A)(i)]
The removal of Duke Energy's pole(s)is dependent upon the removal of attachers to our poles.The
attachers must remove their facilities before the existing poles can be removed.The existing attachers
to our poles on this project are:
(1) AT&T,with a description of the required work:
Contact all the onsite utilities for their proposed relocation plans
(2) Time Warner,with a description of the required work:
Contact all the onsite utilities for their proposed relocation plans
(3) KDL,with a description of the required work:
Contact all the onsite utilities for their proposed relocation plans
(4) Zayo,with a description of the required work:
Contact all the onsite utilities for their proposed relocation plans
If the existing attacher is transferring their facilities to our new poles,the existing attacher's
construction schedule may begin only after Duke Energy's relocation construction is completed. Duke
Energy has no control over the start date or finish date for attachers vacating our existing poles.
B. A statement whether the facility relocation is or is not dependent on work to be done by the LPA or the
LPA'S contractor with a description of that work. [IAC 13-3-3(c)(2)(A)(ii)]
41 Revised 1/ 14/ 2016
a DUKE
ENERGY,
Work item A
LPA will give written notice to Duke Energy that all "possessory rights" have been acquired for the
entire length of the approved work plan area before relocation construction begins.
Work item B
LPA will work closely with Duke Energy to safely clear all trees, shrubs and structures(from sky to
ground) at LPA's cost, for the entire length of the approved relocation plan area, including areas
sufficiently beyond the construction limits to accommodate the approved relocation work plan
before relocation construction begins.
Work item C
LPA will notify Duke Energy after staking(A or B):
A.LPA ROW limits every 200 ft with station identification before relocation construction
begins.DUKE ENERGY WILL NEED THE ROW STAKED ALONG PLANK ROAD FROM MAIN STREET
TO 10'STREET.
B. Station and offset identification provided by Duke Energy for each Duke Energy facility
before location construction begins.
Work item D
LPA will provide signed copies of all reimbursement agreements before
Relocation construction begins.
Work item E
LPA will provide Duke Energy a"Signed"work plan on or before as the ready for contracts date.
Work item F
LPA will provide Duke Energy a"Letter to Proceed"on or before the ready for contracts date but no
event later than the required pre-construction lead time prescribed in Sections 5 F&G.
In the event that Duke Energy Indiana decides to hold, protect or guard its installed facilities
before, after or during relocation construction, for the safe installation of another facility or
utility,Duke Energy Indiana will notify the LPA immediately. Because time is of the essence, the LPA
and Duke Energy Indiana agree to work together to minimize costs and delays for all parties
involved,and Duke Energy Indiana agrees to not proceed until an agreement is reached with the LPA
regarding reimbursement of Duke Energy Indiana's costs for holding protecting or guarding its
facilities.
C. How many calendar days after the events identified in Sec 6 A and B are completed can the utility begin
construction:
Absent an agreement expediting the work between the LPA and Duke Energy Indiana,the earliest date
when Duke Energy Indiana could begin construction.
1.) If the LPA ROW staking and clearing is contained in the LPA's construction contract,Duke Energy
Indiana will begin construction within 60 days after Duke Energy Indiana has received from LPA
both a"Notice to Proceed"(confirming the staking and clearing has been completed)and a fully
executed Work Plan.
If the LPA ROW staking and clearing is let as a separate contract, Duke Energy Indiana will begin
construction within 60 days after Duke Energy Indiana has received from LPA both a"Notice to
Proceed"(confirming the staking and clearing has been completed)and a fully executed Work Plan.
SI Revised 1 / 14/ 2016
jai)DUKE
ENERGY-
If at any time within 120 days from the most current published letting date,the LPA changes the
letting date by more than fourteen (14)days,Duke Energy Indiana reserves the right upon written
notice sent by mail to the LPA,to provide to the LPA a revised work plan within 60 days from the
date Duke Energy Indiana is notified of the change.
D. The number of calendar days to complete the relocation work: 60 days
Section 7:A drawing of sufficient detail with station,offset,elevations,and scale to show the proposed location of
the facility relocation,which takes precedence over the narrative description of the work. [IAC 13-3-3(c)(6)].
See Attachment A.
Section 8: For each work plan the utility shall include a cost estimate for the facility relocation. For reimbursable
work the estimate will identify betterment and salvage,which is not reimbursable. [IAC 13-3-3(d)]
See Attachment B.
Section 9: For work the utility is entitled to be compensated by the Department,the work plan shall include
documentation of property interests and compensable land rights.[IAC 13-3-3(d)]
Section 10:The implementation of this approved work plan is dependent upon the issuance of: (a notice to proceed
will be provided when items in Section 6 are accomplished)
Items Completed Yes Not Applicable
An executed reimbursement agreement with INDOT/LPA:
A relocation permit from INDOT/LPA: ® ❑
(Note: Double-click on box in Yes or NA to mark it with an "X")
t/lr2st2na, 1 V rod 5,4o/(19
Submitter Signature Date
Christina M. Girod
Submitter Name Printed
61 Revised 1 / 14 / 2016
ENERGY
INDOT/LPA use only below this point INDOT/LPA use only below this point
The following sections are to be used by INDOT personnel to review the utility relocation work plan.
Section 11:The Department shall review the work plan to ensure that it: [IAC 13-3-3(e)]
Description Yes No Initials
(1.a) is compatible with department permit requirements ❑ ❑
(1.b) is compatible with the project plans ❑ ❑
(1.c) is compatible with the construction schedule ❑ ❑
(1.d) is compatible with other utility relocation work plans ❑ ❑
(2.a) has reasonable relocation scheme ❑ ❑
(2.b) has a reasonable cost for compensable work ❑ ❑
(Note: Double-click on box under Yes or No to mark it with an "X")
Comments on any sections(1.a—2.b)that were marked No:
Reviewer Signature Date
Reviewer Name Printed
Section 12: Approved Work Plan. [IAC 13-3-3(f)]
I have reviewed the work plan and found it acceptable.
Project Manager Signature Date
Project Manager Name Printed
71 Revised 1 / 14/ 2016
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