LPA-Utility Reimbursement Agreement - Relocating Five (5) Hydrants at Auten Rd. – SJC Board of Commissioners

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Page 2 of 5 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 – PREPARATION OF RELOCATION PLANS FOR INDOT’S CONSTRUCTION CONTRACT The Utility shall prepare, or cause to be prepared, at its own cost and expense, all plans, specifications and a preliminary itemized cost estimate, for relocation of the Utility’s facilities that need to be relocated in order to construct the LPA’s Project. INDOT’s construction contract will require the contractor, which is awarded the contract, to list the Utility as an additional named insured. In addition, INDOT’s construction contract will provide that the Utility is a third-party beneficiary with respect to the relocation work. No changes to the plans or specifications for relocation of the Utility’s facilities shall be made without the written approval of the Utility. INDOT will prepare the final engineer’s estimate for the 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 the Utility’s facilities and the LPA’s plans and specifications for the LPA’s Project. Upon receipt of an acceptable bid in accordance with State law, INDOT will award a contract for construction of the Project, inclusive of the relocation of the Utility’s facility. The Utility agrees to have the contractor to whom INDOT awards the contract relocate the Utility’s 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 monitor the contractor’s relocation of the Utility’s facilities. 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 Utility’s facilities. The Utility shall timely advise the LPA, in writing, of any deficiencies that are observed. Prior to INDOT and the LPA’s final acceptance of the construction contract and improvements and relocation of the Utility’s facilities, the Utility shall make an inspection of the Utility’s relocation work and advise the LPA in writing of the Utility’s acceptance thereof. Such acceptance shall 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 subordinate the Utility’s rights herein to those of the LPA in the highway right-of-way by executing a subordination Agreement.