LPA Utility Reimbursement Agreement - City to Pay 20% of Construction Costs for Douglas Road Lift – St. Joseph County Board of Commissions

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be made by a contractor paid under the contract let by INDOT. NOW, THEREFORE, IN CONSIDERATION OF THE PREMISES AND THE MUTUAL AGREEMENTS AND COVENANTS HEREIN CONTAINED (THE ADEQUACY OF WHICH CONSIDERATIONS AS TO EACH OF THE PARTIES TO THIS AGREEMENT IS HEREBY MUTUALLY ACKNOWLEDGED), AND OTHER GOOD AND VALUABLE CONSIDERATIONS, THE RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED AND INTENDING TO BE LEGALLY BOUND, THE PARTIES HEREBY COVENANT AND AGREE AS FOLLOWS: SECTION 1 CONSTRUCTION CONTRACT The Utility shall prepare, or cause to be prepared, at its own cost and expense, all plans, specifications and a preliminary be relocated in order to construct the LPAProject contractor, which is awarded the contract, to list the Utility as an additional named insured. In addition, provide that the Utility is a third-party beneficiary with respect to the relocation work. No changes to the plans or specifications for reles shall be made without the written approval of the Utility. Project construction contract. SECTION 2 AWARDING OF CONSTRUCTION CONTRACT INDOT will advertise one (1) contract for bids which includes the plans and specifications for relocation of tthe LPAlans and specifications for the LPAProject. Upon receipt of an acceptable bid in accordance with State law, INDOT will award a contract for construction of the . The Utility agrees to have the contractor to whom INDOT awards the contract relocate the facilities as part of the Project. SECTION 3 CONSTRUCTION TESTING AND INSPECTION The LPA will provide, or cause to be provided, construction inspection and testing services to relo The costs for said services shall be paid pursuant to the terms set forth in Section 5. The Utility may inspect, at its own cost, the relocation of the facilities. The Utility shall timely advise the LPA, in writing, of any deficiencies that are observed. Prior to INDOT and the LPAf the construction contract and improvements , relocation work and advise the LPA not be unreasonably withheld. SECTION 4 SUBORDINATION OF RIGHTS \[Check the following that applies\] The existing facilities are located on public right-of-way. The existing facilities are not located on public right-of-way If such facilities are located on property, other than public right-of-way, and the Utility either has an easement thereon or a continuing right to maintain the facilities in that location, the Utility, for and in consideration of this Agreement, shall suLPA in the highway right-of-way by executing a subordination Agreement. tğŭĻ Ћ ƚŅ Џ