HomeMy Public PortalAbout187-2017 - Agreement for proposed monitoring of wells @ Whitewater stationM
MEMORANDUM OF UNDERSTANDING AND AGREEMENT
This Memorandum of Understanding and Agreement is entered into this.2%/-J— day of
, 2017, by and between the City of Richmond, Indiana, acting by and
through Board of Public Works and Safety with its offices at 50 North 5th Street, Richmond, Indiana,
(hereinafter referred to as "City"), and Richmond Power & Light, a municipally owned utility
company owned by the City of Richmond, Indiana, (hereinafter referred to as "RP&L").
WHEREAS, RP&L operates the Whitewater Valley Station ("Station") at the location of 2000 US
27 South, in Richmond, Indiana, and in accordance with a certain Site Sampling Plan
the installation of groundwater sampling monitoring wells at said location is required;
and
WHEREAS The Station is located on property owned by the City of Richmond, Indiana, and said
location is also adjacent to the City's Rose View Transit Garage ("City's Garage")
located at 401 South Q Street, also in Richmond, Indiana; and
WHEREAS, The Parties wish to enter into this Memorandum of Understanding in order to allow
RP&L to pay the cost of the removal of the wells at the end of the monitoring period.
NOW, THEREFORE, in consideration of the terms and conditions contained herein, including the
above stated recitals, the Parties agree as follows:
1. TERM OF AGREEMENT. This Agreement shall become effective as of the date first set
forth above and shall continue in effect until satisfactory completion of the removal of any
monitoring wells placed on City property.
2. LOCATION AND COSTS. RP&L shall pay any and all costs associated with the
removal of any monitoring wells from City property at the end of the monitoring period.
The approximate placement of the monitoring wells are to be located at the back of the
Station property as reflected on the Proposed Sampling Location Figure prepared by
RP&L's consultant, GAI Consultants, Inc., attached hereto and incorporated by reference
as Exhibit A, and as more generally reflected on the attached aerial map showing the
addresses and general locations of the City's Garage and the RP&L ponds and
topography, which map is attached hereto and incorporated by reference as Exhibit B.
3. CROSS INDEMNIFICATION. RP&L shall indemnify and hold City harmless from any and
all claims arising from any acts taken by itself, its agents, employees, invitees or guests in
furtherance of its rights and obligations hereunder. Likewise, City shall indemnify and hold
RP&L harmless from any and all claims arising from any acts taken by itself, it agents,
employees, invitees or guests in furtherance of its rights and obligations hereunder.
4. INSURANCE. RP&L agrees to procure and pay for, during the term of this Agreement and
any extension thereof, standard fire and extended coverage insurance in an amount fully
covering any improvements constructed upon City property. RP&L shall also maintain and
provide general liability insurance for the benefit of both RP&L and City in a sum of at least
$1,000,000.00 dollars per person and $2,000,000 dollars per occurrence, during the term of
this Agreement and extension thereof, covering any acts of operation by RP&L, or it agents.
Contract No. 187-2017
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5. MISCELLANEOUS. This Agreement shall be construed according to the laws of the State
of Indiana.
6. AMENDMENTS. No amendment or modification to this Memorandum of Understanding
and Agreement shall be made except in writing and signed by both parties.
7. AUTHORIZATION. The individuals signing below represent that they have full
authorization to execute this document on behalf of either the City of Richmond through its
Board of Public Works and Safety or Richmond Power and Light.
IN WITNESS WHEREOF the parties execute this Memorandum of Understanding and Agreement
as of the date first set forth above although signatures may be fixed on a different time.
"CITY"
THE CITY OF RICHMOND,
INDIANA by and through its
Board of Public Works and Safety
By: �" 6"tc'
Vicki Robinson, President
By:
Richard Foore, Member
APPROVE&�—
D: i
i M. Sn w; yor
Date: Z c�
RICHMOND POWER AND LIGHT
2000 US 27 South
Richmond, IN 47374
By:
Randall Baker, General Manager
Date: J I / Z 7 /
November 8, 2017
Project C151119.04005.004
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cp 2017 GAI CONSULTANTS
FIGURE 1 - PROPOSED SAMPLING LOCATIONS
gaiconsuftants.com
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