HomeMy WebLinkAboutUtility Reimbursement Agreement Redevelopment UTILITY REIMBURSEMENT AG REEMEIVT
City of Jeffersonville — Market St Conversion
THIS AGREEMENT, made and effective this l lth day of November, 2013, is by and
between Duke Energy Indiana, Inc., an Indiana electric public utility corporation
(hereinafter referred to as "AEI "), and the City of Jeffersonville, in Indiana (hereinafter
referred to as "the Local Government ").
WIT ESSETH:
WHEREAS, as an Indiana public utility, IDEI has the right under Indiana law to
construct, operate and maintain its utility facilities upon Indiana public road right of way
and within private utility easements, including but not limited to, the Local Government's
Market St t" Mu /berry a nd Pear/ in Clark County, Jeff Township, City of Jeffersonville,
Indiana; and
WHEREAS, AEI has constructed and now operates and maintains certain electric
line facilities upon and /or along Market St ot7 Mu /berry 8 Pearl, 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 Market
St 4 Mulberry B Pearl , and the Local Government and IDEI 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 W Maple St &
Market St, Jeffersonville 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 so to do (with preliminary established cost as hereinafter described, being paid to
DEI by the Local Government before DEI commences "the Work" as such term is
hereinafter defined); 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 with its regular construction or maintenance crew and personnel,
at its standard schedule of wages and working hours, or by an approved contractor, will
relocate the Utility Facilities to said relocation area, as described on Exhibit "A"
(hereinafter referred to as "the Work "). The preliminary estimated cost thereof is
$164,351.74 as shown on the attched Exhibit "B ".
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SECTION II. The Local Government shall reimburse DEI for said actual costs
incurred by DEI to perform the work within thirty (30) days after receiving a written,
itemized statement from DEI. Statement shall include supporting documentation to
substantiate 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. When the work is completed, the actual costs incurred by DEI to
perform the Work are Tess than said preliminary estimated cost, DEI shall remit the
difference to the Local Government.
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 the Local Governement
has paid DEI the aforestated preliminary estimated cost of $164,351.74. Delivery of said
written notice by the Local Government to DEI shall also constitute the Local
Government's affirmation that any necessary public road right -of -way area has been
arranged for the relocation area and the Work, 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.
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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, andlor relocated at any time or times (a) for
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.
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