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HomeMy WebLinkAboutUtility Reimbursement/AT&T/Illinois Street UTILITY REIMBURSEMENT AGREEMENT ‘Istie oc1. THIS Utility Reimbursement Agreement ("Agreement") is entered into by and between ATT-Indiana, Bell Telephone Company, Inc., a public utility with offices located at 240 N. Meridian Street, Indianapolis, IN 46204 ("ATT Indiana"), and the City of Carmel, Indiana, an Indiana municipal corporation, acting by and through its Board of Public Works and Safety ("City"), and shall be effective as of the last date on which it is signed by a party hereto. WITNESSETH: WHEREAS, pursuant to Indiana law, ATT Indiana is authorized to construct, operate and maintain utility facilities in Indiana public road rights of way in a manner that does not interfere with the safe construction, maintenance and operation of those roadways; and WHEREAS, ATT Indiana has constructed and now operates and maintains in the City certain underground communication facilities (the "ATT Facilities") in the rights of way of Illinois Street (the "Illinois Street Extension"), which ATT Facilities are more particularly described on a work plan (the "Illinois Street Work Plan"), a copy of which is attached hereto as Exhibit A and incorporated herein by this reference; and WHEREAS, the City now needs to make certain improvements to the Illinois Street Extension, and the City and ATT Indiana have determined that the ATT Facilities need to be relocated before such improvements can be made; and WHEREAS, the City has acquired or will acquire, at the City's expense, a relocation area on a public road right of way for the ATT Facilities that ATT Indiana has determined is reasonably suitable for the relocation of the ATT Facilities (the "Relocation Area"); and 1 WHEREAS, the City has requested that ATT Indiana relocate the ATT Facilities underground in the Relocation Area, as is more specifically described on the Illinois Street Work Plan; and WHEREAS, ATT Indiana is willing to relocate the ATT Facilities to an underground location in the Relocation Area provided that the City reimburse ATT Indiana for the costs actually and reasonably incurred by ATT Indiana in doing so, pay the estimated cost of such relocation, as hereinafter described, to ATT Indiana prior to the commencement of the relocation work (the "Relocation Work"), and pay ATT Indiana for any costs actually and reasonably incurred by ATT Indiana in the future in the event it is necessary to again adjust, remove, support, alter, and/or relocate the ATT Facilities for another highway improvement project and/or for any other public works project of the City or another governmental entity; and WHEREAS, the City is willing to reimburse ATT Indiana for such present and future costs subject to the terms and conditions contained herein. NOW, THEREFORE, for and in consideration of the mutual promises from, to, and between ATT Indiana and the City, hereinafter contained, ATT Indiana and the City do hereby agree to and with each other, as follows: SECTION I. ATT Indiana, with its regular approved construction contractor, will relocate the ATT Facilities to an underground location within the Relocation Area, as described on the Illinois Street Relocation Plan, the preliminary estimated cost of doing so being Two Hundred Thirty One Thousand Eight Hundred Eighty Four Dollars and Eleven Cents ($231,884.11), as shown on the estimate ("Cost Estimate") attached hereto as Exhibit B and incorporated herein by this reference. 2 SECTION II. The City shall reimburse ATT Indiana for the actual and reasonable costs incurred by ATT Indiana in performing the Relocation Work within thirty five (35) days after receiving a written, itemized statement of the same from ATT Indiana. ATT Indiana may submit more than one such statement as the Relocation Work progresses and in this manner receive progress payments as the project proceeds. At such time as ATT Indiana determines that the actual cost of the Relocation Work is likely to exceed Fifteen Thousand Dollars ($15,000.00), ATT Indiana shall advise the City of this fact, in writing, specifying therein the likely total cost of the Relocation Work, and ATT Indiana shall not proceed further with the Relocation Work until the City notifies ATT Indiana in writing to proceed. SECTION III. ATT Indiana shall not start the Relocation Work until: (a) written notice has been given to ATT Indiana by the City that the Relocation Work has been authorized and funds are available to reimburse ATT Indiana for the same, and (b) the City has denoted the public road right-of-way line in the Relocation Area by staked survey or other proper means. The City's notice to ATT Indiana to proceed as contemplated herein shall constitute the City's affirmation that it has acquired the necessary public road right-of-way needed for the Relocation Area and the Relocation Work. SECTION IV. The City shall reimburse ATT Indiana for any reasonable future costs actually incurred by ATT Indiana in the event it becomes necessary to again adjust, remove, support, alter, and/or relocate the underground ATT Facilities for another City highway improvement project and/or for any other public works project of the City or another governmental entity. 3 SECTION V. ATT Indiana, 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 constitutes a material breach of this Agreement. SECTION VI. ATT Indiana shall indemnify and hold harmless the City from and against any and all legal liabilities and other expenses, claims, costs, losses, suits or judgments for damages, or injuries to or the death of persons or damage to or the destruction of property arising out of the Relocation Work ("Claims"); provided, however, to the extent the City is negligent or engages in intentional misconduct that is the proximate cause of one or more Claims, ATT Indiana shall to that extent have no duty to indemnify and hold harmless the City. SECTION VII. The parties have each had an opportunity to engage independent counsel to explain the provisions of this Agreement and their full legal effect, and the parties agree that this Agreement is being entered into voluntarily and not as a result of any duress or undue influence and only after the parties have each carefully and completely read and understand each and every term and condition of this Agreement. • SECTION VIII. This Agreement was negotiated and is intended to be performed pursuant to the laws of the State of Indiana, Hamilton County, and shall be construed and enforced in accordance therewith, except for Indiana's conflicts of law principles. The parties agree the Hamilton County, Indiana is the proper venue. 4 IN WITNESS WI-IEROF, the parties hereto have caused this Agreement to be executed by through their duly authorized representatives. Approved and Adopted this day of , 2014. ATT INDIANA `T, . Signature ' tt ('1 Date: Igh.mM L. %•ecfs Printed Name CITY OF CARMEL, INDIANA By and through its Board of Public Works and Safety BY: James Brainard, Presiding Officer bate: .3-. -1 jai SIS.,,,, .../..‘ w ' Mary Aim :urke, MeAiber Date: — re/ Lori S‘ Watson, Member Date: 3( -' iI4 Al 1 EST: At %jilt 3 Diana Cordray, IMCA. Cl rk 'reasurer Date: 3Sr y - S at&t Date: 11/6/13 Subject: Utility Relocation Work Plan for: AT&T Facility Type: Communications Section I. General Information A. INDOT/LPA Project Information (I) Des No. 10-10 (2) Route Number: Illinois street extension (3) Location: Hamilton County/Cannel In (4) Work Type: New roundabouts @ Springmill Rd, 103'd St and 106"' St. (5) Date work plan needed: (6) Target date for utility to be out of conflict with INDOT project: (a) Intermediate phase: (b) Intermediate phase: B. Utility Designated Contact- Information (I) Person name: Jeff Rice (2) Office telephone: 317 252-4274 (3) Mobile telephone: 317 902-9853 (4) Email address: jr2647(iilalt.cOm (5) Agency name: AT&T (6) Address: 5858 N College Ave (7) City,State,Zip Code: Indianapolis, IN 46220 (8) Construction Emergency Contact: Name: Number: C. By signing here,the Utility has determined to the best of their ability that they do not have facilities within the project area: D. By signing here,the Utility has determined to the hest of their ability that they have facilities within the project area and the facilities are not in conflict with the project based upon the plans received on Note: A signature by the utility representative at item "C."or`U."fulfills the requirement to complete the rest of this form. E. INDOT/LPA Utility Coordinator Contact Information (1) Person name: Caleb Ross (2) Office telephone: (317) 895-2585 (3) Mobile telephone: (4) Email address: calebr(ucindy.com (5) Agency name: United Consulting, Inc. Exhibit. A , page I of 5 pages 9-18-2013 \ tlb, (6) Address: 1625 N. Post Rd. (7) City, State, Zip Code: Indianapolis, IN 46219 Section 2. A narrative description of the facility relocation that will be required. I IAC 13-3-3(c)l (A) Describe what types of existing facilities are present. Aerial and underground communication cables, conduits, and manholes. (B) Describe the location of existing facilities. Areal PR-S-I-A I 1+84 17 RT- manhole in Telephone Easement Area 2 Line"A" 10+50 to 13+50(103b St)& PR A-2 13+50 to 16+50 (Illinois)- conduit in Telephone Easement Area 3 PR A-2 17 +30 ducts crossing Illinois and above ground closure -17+30 45 LI 17+30 45 LF to 20+25 -direct buried cable in Telephone Easement Area 4 Illinois St, Superior St and 103rd St roundabout-ATT conduits, Manholes around East and North side of roundabout on outside of roundabout in Telephone Easement. Area 5 Line A 30+00 to 50+50 -Conduit and manhole in Telephone Easement on west side of Illinois. Area 6 Line S-2-K 35+00 -46+00 15 LE conduit and manhole in Telephone Easements Line S-2-K 35+00 - 38+00 10 LF aerial cable; Area 7 Line S-2-K 44+25 Conduit crossing 106" St. 70 RT (C) Describe what will be done with existing facilities. Area I ATT manhole will be abandoned. Area 2 ATT conduit will be abandoned. Area 3 All above ground closure will be removed. Area 4 Existing Manhole covers will be adjusted to final grade and conduits to remain in place. Area 5 Existing Manhole cover will be adjusted to final grade and conduit to remain in place. Area 6 Existing manhole and conduit will be abandoned. Aerial cable will be removed. Area 7 Underground conduit will be lowered if lowering is required. (D) Describe the details of the proposed new facilities. Area 3 New above ground closure will be placed 4' west and 4' north of existing above closure. Existing ducts crossing Illinois will be extended to new above ground closure. Area 6 New Conduit duct package and I new manhole will be placed. (E) Describe the proposed location of the new facilities. Area 3 New above ground closure will be placed 4' west and 4' north of existing above closure. Existing ducts crossing Illinois will be extended 4 west and 4' north to new above ground closure, Area 6 New Conduit duct package will parallel the existing conduit duct package at deeper elevation. New manhole will be 265 feet east of existing manhole a Line S-2-K 40+40 ISLE Section 3. A statement whether the facility relocation is or is not dependent on the acquisition of additional property interests with a description of that work. DAC 13-3-3(c)(2)(13)l Relocation does not require additional easements, no additional property interests will be required. page 2 of 5 pages 9-18-2013 "74,1 Section 4. A statement whether the utility is or is not willing to allow the INDOT contractor to do the required work as part of the highway contract. 'IAC 13-3-3(c)(3)I AT&T is not willing to allow the Carmel contractor to perfornn work as part of the highway contract. Section 5. From the date the work plan is approved by both parties; please provide the Utility's pre-construction scheduling information. IIAC 13-3-3(c)(4), IAC 13-3-3(c)(5)I (A) The expected lead time in calendar days to obtain required permits: 30 (13) The expected lead time in calendar days to obtain materials: 15 (C) The expected lead time in calendar days to schedule work crews: 20 (I)) If the contractor is being selected by competitive hid what is the date of selection? (mm/yyyy) unknown at this time (E) The expected lead time in calendar days to obtain new property interests: 0 (F) The earliest date when the utility could begin to implement the pre-construction activities of the work plan: 1/15/2014 If signed reimbursable agreement is received and approved prior to this date. (CO The total number of calendar days for pre-construction activities: 45 (accounting for concurrent activities) Section 6. The utility's construction scheduling information. I IAC 13-3-3(c)(4), IAC 13-3-3(c)(5)I (A) A statement whether the facility relocation is or is not dependant on work to be done by another utility with a description of that work. IIAC 13-3-3(c)(2)(A)(i)I (1) Utility A,with a description of the required work. Not dependant on other utility (2) Utility B, with a description of the required work. (3) Utility C, with a description of the required work. (13) A statement whether the facility relocation is or is not dependent on work to be done by the department or the department's contractor with a description of that work. IIAC 13-3- 3(c)(2)(A)(ii)I (I) Work item A Right of way cleared and staked. (2) Work item 13 (C) How many calendar days after the events identified in Sec 6 A and B are completed can the utility begin construction: 14 page 3 of 5 pages 9-18-2013 Ast- i • (D) The number of calendar days to complete the relocation work: 95 Section 7. A drawing of sufficient detail with station,offset,elevations, and scale to show the proposed location of the facility relocation, which takes precedence over the narrative description of the work. [IAC I3-3-3(c)(6)] See ATT work plan Sheets 1-4 Section 8. For each work plan the utility shall include a cost estimate for the facility relocation. For reimbursable work the estimate will identify betterment and salvage.[IAC 13-3-3(d)1 Reimbursement is required. Section 9. For work the utility is entitled to be compensated by the Department, the work plan shall include documentation of property interests and compensable land rights.[IAC 13.3-3(d)) Easements are attached. Section 10. The implementation of this approved work plan is dependent upon the issuance of: (a notice to proceed will be provided when items in Section 6 are accomplished) Yes N/A An executed reimbursement agreement with INDOT/LPA: X A relocation permit from 1NDOT/L . X c\ Submitter Name Signed: V /14--'f—/ Submitter Name Printed: I V cT R I C € Date Submitter Signed: ( I , (p ) Itf INDOT/LPA use only below this point INDOT/LPA use only below this point The following sections to be used by INDOT personnel to review the utility relocation work plan. Section 11. The Department shall review the work plan to ensure that it: [IAC 13-3-3(e)1 (1.a) is compatible with department permit requirements. ZYes ❑ No Init.: G6:4"... (1.h) is compatible with the project plans. ( Yes ❑ No Init.: (1.c) is compatible with the construction schedule. [yes ❑ No Init.: 66/ (1.d) is compatible with other utility relocation work plans. Oyes ❑ No Init.:CZ (2.a) has a reasonable relocation scheme. , Yes ❑ No Init.: (2.b) has a reasonable cost for compensable work. (/ Yes ❑No Init.:�� Reviewer Name Sign � " / 4040 1/. Reviewer Name Printedr2 7e v 7© S'S Reviewer Date Signed: /F/-07/1,_3 Section 12. Approved Work Plan.IIAC 13-3-3(f II A, page 4 ol 5 pages 9-18-2013 l >r I have reviewed the work plan and found it acc itnable Project Manager Named Signed: K///d/A_//L/ / Project Manager Name Printed: G1/4.) ,ilia R . 1,. r �-• S Project Manager Date Signed: Pt page 5 of 5 pages 9-18-2013 Ci eb 5� at&t Custom Work Order Center eit 220 Wisconsin Avenue, Floor #2 Waukesha, WI 53186 PHONE (888) 901-2779 FAX (888) 901-2821 DATE: November 4, 2013 TO: INDOT/United Consulting Inc. PHONE: 317.895.2585 ATTN: Caleb Ross FAX: 317.895.2585 FROM: Kimberly Marshall PHONE: 888-521-3740 RE: CR# 171038 ** LEGAL MANDATE ** • Project# 9097743 Job# n/a Requesting Relocate Existing Facilities Location: Ilinois Street between 103`d Street and 106th Street, Carmel, IN NOTE: Enclosed is the "Cost Estimate Invoice." AT&T must receive a signed contract or a letter of approval to start construction. • Please assign the CR# 171038 on your correspondence. • When Project is complete - a final invoice will be prepared. • Please mail payment to the above address. • If you have any questions, please feel free to contact me. Thank You, Kimberly Marshall CWO Manager 888.521.3740 Exhtbitt Iwo CDSR0024-19.0 Page 1 of 16 KM2842 . at&t Highway Relocation Cost Estimate 11/04/2013 Project Number : AT&T INDIANA Customer Request Number : 171038 Date : 11/0412013 Customer ID : 132334 Project Number : 9097743 CR Description: ----_------------.__.__ -----------.__ ---- Billing Information Billing Party's Name: CITY OF CARMEL Phone: (317) 895-2585 Billing Address: 1625 NORTH POST ROAD UNITED CONSULTING INC. INDIANAPOLIS, IN 46219 Contact Name: CALEB ROSS Phone: (317)895-2585 Work Description & ROAD PROJECT BETWEEN 103RD AND 10H STREETS.CARMEL,IN Engineering Remarks: Expenses Quantity Amount Total Plant Labor: 689 $ 82,278.62 Total Engineering Labor: $ 34,848.14 Material Cost $ 60,305.47 Contractor Cost $ 66,093.48 Right Of Way Cost: $ 1,500.00 Sub-Total Estimated Costs $ 245,025.71 Less Plant Betterment Credits $ 0.00 Less OSP Depreciation Credits $ 0.00 Less Salvage Credits $ 13,141.60 Total Estimated Costs $ 231,884.11 OSPE Representative: KIMBERLY MARSHALL Title: CUSTOMER CONTRACTS SPECIALIST Phone 4: 262-970-8424 Note: Hours are rounded to the nearest whole hour value.