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Home My Public Portal About082-2012 - Engineering - Vectren Energy Delivery - Pipeline ReimbursementAGREEMENT THIS AGREEMENT made and entered into this Zo= day of J1,1nle_- , 2012, and referred to as Contract No. 82-2012 by and between the City of Richmond, Indiana, a municipal corporation acting by and through its Board of Public Works and Safety (hereinafter referred to as the "City") and Vectren Energy Delivery (hereinafter referred to as "Vectren"). WITNESSETH: WHEREAS, Vectren is the record owner of a utility easement (hereinafter referred to as the "Easement") located on the west side of Round Barn Road between Lots 9 and 10 in Richmond, Indiana, to -wit: SEE SITE PLAN AND GIS MAPS EXHIBIT "A" and; WHEREAS, City is the owner of the above -described lots and right-of-way located on the west side of Round Barn Road as shown on Exhibit A; and WHEREAS, City, in connection with a project known as the Midwest Industrial Park Section 1 of Phase 2 Project (hereinafter "Project"), plans to install box culvert storm structures within the Easement below a twelve inch (12") pipeline owned by Vectren (hereinafter "Pipeline"); and WHEREAS, Prior to and during the installation of the box culvert storm structures by the City (or by City's contractor, Milestone), the Vectren Pipeline must be temporarily exposed and supported, and following the installation of said box culvert storm structures, the exposed Vectren Pipeline must be completely backfilled and the temporary support structures must be dismantled and removed, (hereinafter "Pipeline support services") as set forth in Vectren's letter of explanation dated May 11, 2012, which letter is attached hereto as Exhibit B, consists of five (5) pages, and is incorporated into this Agreement by reference; and WHEREAS, The Pipeline support services rendered to Vectren as set forth in Exhibit B is anticipated to be done by Vectren's contractor, Miller Pipeline Corporation; and Contract No. 82-2012 Page 1 of 4 WHEREAS, City and Vectren (collectively hereinafter "Parties") recognize that Vectren should be reimbursed by the City for its expenses for the services described in Exhibit B in exchange for Vectren's cooperation in connection with the installation of the box culvert storm system as set forth in Exhibit B; and WHEREAS, Said parties have agreed that an Agreement should be drawn up allowing for the reimbursement of the expenses associated with the Pipeline support services outlined above and outlined in Exhibit B. NOW THEREFORE, in consideration of the mutual promises and covenants herein contained, including the above -stated recitals, the parties hereby agree as follows: SECTION I. STATUS OF PARTIES Vectren is not an employee or agent of the City of Richmond, Indiana. City is not an employee or agent of Vectren. City shall have no contractual relationship with the Contractor chosen by Vectren (Miller Pipeline Corporation or any other contractor chosen by Vectren) to conduct the Pipeline support services outlined in Exhibit B. Vectren shall have no contractual relationship with the Contractor chosen by City (Milestone or any other contractor chosen by City) to install the box culvert storm structures. This Agreement shall not be construed to confer any third -party beneficiary status to any Contractor selected by City or Vectren for the respective services to be provided. SECTION II. COMPENSATION City shall reimburse and pay Vectren an amount not to exceed Thirty-six Thousand Eight Hundred Fifty-nine Dollars and Zero Cents ($36,859.00) for reimbursement of the Pipeline exposure and support services incurred by Vectren as set forth in Exhibit B. City will additionally reimburse Vectren for the repair of any damage caused to the Vectren Pipeline caused by City or City's Contractor, provided that said reimbursement shall not in any way limit City's rights to pursue any and all legal or equitable remedies in the event City's Contractor damages the Pipeline. SECTION IILTERM OF AGREEMENT This Agreement shall become effective when signed by all parties and shall continue in effect until the completion of the Pipeline support services as set forth in Exhibit B. Completion of the Pipeline support services shall be no later than July 31, 2012. City shall reimburse and pay Vectren the amount set forth above no later than sixty (60) calendar days after completion of the Pipeline support services. Page 2 of 4 SECTION IV. RELEASE OF LIABILITY Vectren hereby agrees to release and hold harmless the City and all officers, employees, or agents of the same from all liability for negligence which may arise in the course of Vectren's (or Vectren's contractor's) performance of the Pipeline support services. City hereby releases, forever discharges, and covenants not to sue Vectren, and any of Vectren's respective licensees, assigns, parents, subsidiaries, divisions, business units, departments, or affiliated entities and each of their respective employees, agents, officers, and directors (collectively "Releasees") from any liability for property damage and/or damages from illness, injury, and/or death that arises out of, or is connected with, or in any manner related to this Agreement or in any manner related to any damage or disrepair caused to City property located in the right-of-way owned by City or the Easement area. City hereby releases all claims, including but not limited to, personal injury, property damage or destruction, and death, whether caused by negligence, breach of contract or otherwise, and whether for bodily injury, property damage or loss otherwise, which City may ever have had against the Releasees or any future claims City may have against the Releasees related to damage or disrepair caused to City property located in the City's right-of-way or the Easement area arising from the performance of the Pipeline support services. SECTION V. MISCELLANEOUS Except for the Pipeline support services referenced above and except for the box culvert storm structure installation services referenced above, this Agreement is personal to the parties hereto and neither party may assign or delegate any of its rights or obligations hereunder without the prior written consent of the other party. It shall be controlled by Indiana law and shall be binding upon the parties, their successors and assigns. It constitutes the entire Agreement between the parties, although it may be altered or amended in whole or in part at any time by filing with the Agreement a written instrument setting forth such changes signed by both parties. This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. The parties hereto submit to jurisdiction of the courts of Wayne County, Indiana, and suit arising under this Contract, if any, must be filed in said courts. The parties specifically agree that no arbitration or mediation shall be required prior to the commencement of legal proceedings in said Courts. Any person executing this Contract in a representative capacity hereby warrants that he has been duly authorized by his or her principal to execute this Contract. Page 3 of 4 In the event of any breach of this Agreement by either party, and in addition to any other damages or remedies, the prevailing party shall be liable for all costs incurred by it due to the enforcement of this Agreement, including but not limited to City's reasonable attorney's fees, whether or not suit is filed. In the event that an ambiguity or question of intent or a need for interpretation of this Agreement arises, this Agreement shall be construed as if drafted jointly by the parties, and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement at Richmond, Indiana, as of the day and year first written above, although signatures may be affixed on different dates. "CITY" THE CITY OF RICHMOND, INDIANA BY AND THROUGH ITS Board of Public Works and Safety LIN Vicki Robinson, President By: JI)J4,z " -,,/ i Anthony L. Foster, II, Member Date: (, f8 —0- APPROVED: Sarah L. Hutton, Mayor "VECTREN" VECTREN ENERGY DELIVERY ByC_- VOL C") L-'^'- - Printed: —SD h. L-u i t� eA Title:Aei C Y� `P.(�al �l bflivex y Date: Page 4 of 4 r ROUA 1: }<<a aa� a C", °= � X itltle] - 2 3010 61 Site Plan/SWP3 Scale -Moore nFEB n�r,w4 _ m a o ,. XiNeetlo _ a assocaac.a. ixc. � for the ,� A °ems, vwv WA GwEm E. Move 6 co Midwest Industrial Park Section 11 oF.K �Is�1.tJi: �a'.)sl 13 cJ= S�awbd,.,u 6'00N KeNn ENIW t EXHIBIT PAGE I of i Vectren Energy Delivery 3421 Chester Boulevard Richmond, IN 47374 5/11 /2012 Mr. Greg Stiens City of Richmond Engineering Department 50 North 5t' Street Richmond, IN 47374 (765) 939-4608 Fax: (765) 939-4677 Re: Midwest Industrial Park Section 1 of Phase 2 Richmond, Indiana / Support of Vectren Energy 12" Natural Gas Transmission Pipeline Dear Mr. Stiens, Please be advised that we have completed our plans for the support of our 12" pipeline in conjunction with your planned installation of box culvert structures below our pipeline at approximately the dividing line between lots 9 and 10 on the west side of Round Barn Road. We have worked out a design to construct a temporary structure to span the exposed area and support the pipeline while the structures are being installed below our pipeline and across our easement in this area. Vectren Energy will be using Miller Pipeline Corporation to do the following; 1. Excavate to the bottom of and expose the length of our pipeline as required for your installation. The required distance will be determined by consulting with you and your contractor. 2. Construct a temporary support structure using parallel runs of 16" steel pipe with cross bars of 4" to 6" steel pipe welded to the 16" approximately every 6' along the length of the 16" supports. Place chains from the support structure to around the 12" pipeline to support the pipeline. This support structure will remain in place during the further excavation for and installation of the storm structures by your contractor, including backfilling of your excavation with flow fill back up to the bottom of our pipe. 3. Examine our exposed pipe and repair any damage to the coating. 4. Remove and dismantle temporary support structure. 5. Completely backfill our exposed pipeline. I have allowed a total of seven working days to complete our installation and removal of the support structure. Vectren Energy considers this work to be reimbursable and I estimate the cost to complete our work to be $36,859.00. Also, repair of any damage to the pipeline that may occur during the construction of the storm structures would also be considered reimbursable. Please remind your contractor to use extreme caution while working around the pipeline. EXHt81T PAGE OF 1 of 2 Vectren Energy Delivery 3421 Chester Boulevard Richmond, IN 47374 5/11 /2012 I have included a copy of our cost breakdown for your review. (765) 939-4608 Fax: (765) 939-4677 Vectren Energy greatly appreciates your consideration in this matter. I will await your approval of our plan before proceeding with scheduling of resources for this work. Should you require further information or have any questions, please call me. Engineering Technician IV CC: K. Preece W. Shirely File 2 of 2 EXHIBIT _ PAGE, VECTREN PROJECT COST ESTIMATE PROJECT LOCATION: Midwest Industrial Park - Support 12" pipeline while exposed OSA Richmond DATE: 5/10/12 PROJECT ESTIMATED BY: Barry Whalen PHONE: MAXIMO PROJECT NUMBER: POWER PLANT PROJECT NUMBER: PROJECT TASK NUMBER: 5751GTMAIN / 104 PROJECT OWNER: PROJECT CONTACT: PHONE: OWNERS PROJECT NUMBER: LIES# OR ID NUMBER: ITEM ID ITEM DESCRIPTION QUANTITY COST ;NUMBER TOTAL MATERIAL ESTIMATE $0 Page 1 of 3 EXHIBIT PAGE -;:5 QF5 VECTREN PROJECT COST ESTIMATE ITEM DESCRIPTION QUANTITY COST INSPECTOR 56 $3,092 FITTER TAPPING OPERATOR OPERATOR WELDER SERVICE TECH MISC MISC MISC TOTAL COMPANY LABOR ESTIMATE $3,092 ITEM DESCRIPTION QUANTITY COST CL 1 (LIGHT DUTY) 56 $612 CL 2 (MEDIUM DUTY) CL 3 (HEAVY DUTY) TOTAL TRANSPORTATION ESTIMATE $612 ITEM DESCRIPTION QUANTITY COST 3 Person Crew 56 $15,059 Welder w/rig 32 $3,267 Truck Driver 30 $2,211 Excavator 56 $6,978 Dozer 56 $3,673 Tractorlfrailer (Loboy) 30 $1,968 TOTAL CONTRACT LABOR ESTIMATE $33,155 Page 2 of 3 EXHIBIT PAGE L OF VECTREN PROJECT COST ESTIMATE ITEM DESCRIPTION QUANTITY COST TOTAL MISC COSTS ESTIMATE $0 TOTAL MATERIAL ESTIMATE $0 TOTAL VECTREN LABOR ESTIMATE $3,092 TOTAL CO. TRANS. ESTIMATE $612 TOTAL CONTRACTOR. ESTIMATE $33,155 TOTAL MISC. ESTIMATE $0 TOTAL PROJECT ESTIMATE $36,859 URI Non Reimb. Items $0 !I D I Credit $0 Revenue Credit $0. Lump Sum $0 Percentage 0% $0 E AMOUNT DUE VECTREN $36,859 F$,LEASE NOTE: DOLLARS ARE ROUNDED TO THE NEAREST WHOLE DOLLAR Page 3 of 3 EXHIBIT PAGES OF I