HomeMy WebLinkAbout02-21-18-02/CMN-RUS, Inc d/b/a Metronet/+25,000/Memorandum of Understanding for Corrective Action Plan Dealing With Underground Pipeline HitsRESOLUTION NO. BPW 02-21-18-02
RESOLUTION OF THE CITY OF CARMEL BOARD OF PUBLIC WORKS AND SAFETY
ACKNOWLEDGING RECEIPT OF CONTRACT
WHEREAS, pursuant to Indiana Code 36-1-4-7, the City of Carmel, Indiana ("City"), is authorized to
enter into contracts; and
WHEREAS, pursuant to Indiana Code 36-4-5-3, the City's mayor may enter into contracts on behalf of the
City; and
WHEREAS, pursuant to his authority under Indiana law, the City's mayor, the Honorable James C.
Brainard, has caused to be signed the City contract attached hereto as Exhibit A (the "Contract"); and
WHEREAS, Mayor Brainard now wishes to present the contract to the City's Board of Public Works and
Safety for it to be publicly acknowledged, filed in the Clerk -Treasurer's Office, and made available to the public for
review.
follows:
NOW, THEREFORE, BE IT RESOLVED by the City of Carmel Board of Public Works and Safety as
1. The foregoing Recitals are incorporated herein by this reference.
2. The receipt of the Contract is hereby acknowledged.
3. The Contract shall be promptly filed in the office of the Clerk -Treasurer and thereafter made available to
the public for review.
SO RESOLVED this " I day of f , 2018.
CITY OF CARMEL, INDIANA
By and through its Board of Public Works and Safety
BY:
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J es Brainard, Presidi Of r
Date: ,f 000
MarjAnn urke, Mem er
Date:
Lori S. Wats n, er
Date: ori
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Chnstine Pauley, Clerk -T easu��/��
Date:
SAE BassWy Documents\BPW-Resolutions\2018Wcknowledge MOU City and Metronet.docx2/212018 10:26 AM
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF CARMEL
AND
CMN-RUS, INC., D/B/A METRONET
THIS MEMORANDUM OF UNDERSTANDING ("MOU"), is hereby entered into this
22nd day of January, 2018, (the "Effective Date") by and between the City of Carmel, an Indiana
municipal corporation ("City") and CMN-RUS, Inc., an Indiana Corporation, d/b/a Metronet and
its affiliates (collectively "Metronet"), City and Metronet are sometimes hereinafter referred to
individually as a "Party", and collectively as the "Parties".
WITNESSETH:
WHEREAS, the City is a municipality located in Hamilton County, Indiana and Metronet
is a communications service provider with headquarters in Evansville, Indiana;
WHEREAS, during the installation of Metronet's facilities within the City's municipal
boundaries, Metronet's contractors hit underground gas lines on ire (.g separate occasions in
2017 (collectively, the "Underground Pipeline Hits"); n'Y) e. C
WHEREAS, in response to the Underground Pipeline Hits, on August 30, 2017, the City
issued a stop work order halting all new utility work by Metronet, as a matter of public safety,
which continues to be in effect (the "Stop Work Order");
WHEREAS, the Indiana Utility Regulatory Commission ("IURC") conducted an
investigation of the Underground Pipeline Hits and found Metronet's contractors at fault for €we fnu r
k5} of the hits (collectively the "Contractor Pipeline Hits"), and provided recommendations for � E5
corrective action for Metronet's construction activities ("IURC Recommendation"), which are
attached hereto and incorporated herein as Exhibit A;
WHEREAS, Metronet has an established internal Underground Construction Safety Plan
and has revised it to include extra precautions, which is attached hereto and incorporated herein
as Exhibit B ("Metronet's Safety Plan");
WHEREAS, utilizing the IURC Recommendation, and in furtherance of public safety,
the City wishes to implement its best practices for excavation within the City's boundaries,
including but not limited to the City's right-of-way, as more particularly defined in paragraph 2
herein (the "City's Corrective Action Plan");
WHEREAS, the City intends to codify the City's Corrective Action Plan which will be
applicable to all utilities excavating within the City's municipal boundaries in the near future (the
"Official Action"), but recognizing that time is of the essence, the Parties wish to enter into this
MOU to allow Metronet to begin construction work sooner than the time necessary to enact the
Ordinance;
WHEREAS, the Parties have agreed that Metronet will implement and abide by both the
City's Corrective Action Plan set forth in paragraph 2(b) hereof and Metronet's Safety Plan and
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF CARMEL
AND
CMN-RUS, INC., D/B/A METRONET
THIS MEMORANDUM OF UNDERSTANDING ("MOU"), is hereby entered into this
22"d day of January, 2018, (the "Effective Date") by and between the City of Carmel, an Indiana
municipal corporation ("City") and CMN-RUS, Inc., an Indiana Corporation, d/b/a Metronet and
its affiliates (collectively "Metronet"), City and Metronet are sometimes hereinafter referred to
individually as a "Party", and collectively as the "Parties".
WITNESSETH:
WHEREAS, the City is a municipality located in Hamilton County, Indiana and Metronet
is a communications service provider with headquarters in Evansville, Indiana;
WHEREAS, during the installation of Metronet's facilities within the City's municipal
boundaries, Metronet's contractors hit underground gas lines onfilm (51 se ara asions in
2017 (collectively, the "Underground Pipeline Hits"); ,n f Y) e. ( T)
WHEREAS, in response to the Underground Pipeline Hits, on August 30, 2017, the City
issued a stop work order halting all new utility work by Metronet, as a matter of public safety,
which continues to be in effect (the "Stop Work Order");
WHEREAS, the Indiana Utility Regulatory Commission ("IURC") conducted an
investigation of the Underground Pipeline Hits and fowid Metronet's contractors at fault for five .FaQr
{.5.} of the hits (collectively the "Contractor Pipeline Hits"), and provided recommendations for
corrective action for Metronet's construction activities ("IURC Recommendation"), which are
attached hereto and incorporated herein as Exhibit A;
WHEREAS, Metronet has an established internal Underground Construction Safety Plan
and has revised it to include extra precautions, which is attached hereto and incorporated herein
as Exhibit B ("Metronet's Safety Plan");
WHEREAS, utilizing the IURC Recommendation, and in furtherance of public safety,
the City wishes to implement its best practices for excavation within the City's boundaries,
including but not limited to the City's right-of-way, as more particularly defined in paragraph 2
herein (the "City's Corrective Action !'fail");
WHEREAS, the City intends to codify the City's Corrective Action Plan which will be
applicable to all utilities excavating within the City's municipal boundaries in the near future (the
"Official Action"), but recognizing that time is of the essence, the Parties wish to enter into this
MOU to allow Metronet to begin construction work sooner than the time necessary to enact the
Ordinance;
WHEREAS, the Parties have agreed that Metronet will implement and abide by both the
City's Corrective Action Plan set forth in paragraph 2(b) hereof and Metronet's Safety Plan and
the City will terminate the Stop Work Order so that Metronet can continue its new utility work
within the City; and
WHEREAS, the Parties desire to memorialize their agreement, as more particularly
described below, to be in full force and effect during the Tenn of this MOU.
NOW, THEREFORE, in consideration of the premises, the terms and conditions hereof,
and other good and valuable consideration, City and Metronet express the following
understanding:
1. Incorporation of Recitals. The Recitals set forth above are material to this MOU and
are incorporated into and form a part of this MOU, as if they were fully set forth hereto.
2. Metronet's Responsibilities.
a. Metronet's Safety Plan. Metronet hereby agrees to implement and abide by the
Metronet Safety Plan.
b. City's Corrective Action Plan. Metronet hereby agrees to abide by the City's
Corrective Action Plan, which specifically includes the following:
i. Training. Metronet construction personnel assigned to supervise and monitor the
work of its contractor shall have completed the IURC Pipeline Safety Division
training ("IURC Training") and shall supply the City with proof of its completion
prior to excavating within the City. Metronet shall require its contractors to
complete IURC Training prior to excavating within the City.
ii. Emergency Response & Associated Cost Reimbursement. Metronet shall
reimburse City for all reasonable and necessary expenses incurred in taking
emergency action when responding to the Contractor Pipeline Hits. Metronet
further agrees to pay the City's costs associated with this MOU, which, together
with the costs for the Contractor Pipeline Hits shall be Twenty -Five Thousand
Dollars ($25,000).
iii. Metronet Personnel. Metronet will have a Metronet employee and/or inspector(s)
readily available at each dig site that can effectively communicate with property
owners, residents and City staff about Metronet's digging, construction and
restoration activities.
iv. Potholing. Metronet shall pothole every utility crossing. A Metronet inspector
will inspect the pothole and construction area and will authorize each boring.
Any potholing within roadway pavement shall have an approved City road cut
permit prior to potholing. Any pothole within roadway pavement shall be
restored in accordance with City of Carmel requirements.
V. Restoration and Complaints. Metronet shall visit each property that has an
outstanding restoration complaint as of the Effective Date and meet with the
property owner to determine how to restore the property to the property owner's
reasonable satisfaction. Notwithstanding the foregoing, in no event will Metronet
be required to repair, replace or restore any personal property of a property owner
2
that was improperly located in a utility easement. Borings which occur after the
Effective Date shall be restored within three (3) business days of the boring and
shall be subject to an inspection by the City. Consideration will be given to the
amount of restoration needed with each boring and the boring will be conducted
in a manner which requires the least amount of restoration (i.e. using streets and
sidewalks for equipment rather than lawns, etc.) Directly after any boring under
the street / curb and sidewalks, Metronet shall inspect for any heaving that may
have occurred from the boring process and advise the City of the damage and put
on a high priority list to repair.
vi. Handholes, pedestals and flower pots. Handholes, pedestals, and flower pots shall
be installed at grade (as applicable), level, and square with sidewalks, curbs,
drives, and streets.
vii. Notification to Property Owners. Metronet shall notify each property owner and
the homeowners association (if one exists) of its presence within the
neighborhood or on the property no more than thirty (30) days prior to entering
the property for any excavation. Notification shall be sent via letters and yard
darts stating at a minimum that (a) Metronet and/or its contractor will be in their
area and possibly on their property, (b) what work will be completed on their
property, and (c) contact information for Metronet. Signs shall be placed at the
entrances of neighborhoods stating that Metronet will be doing work in their
neighborhood. Proof of notifications shall be provided to the City upon request of
the City.
viii. Notification to 911, 811, utility and City. If any further underground facility hits
occur after the Effective Date, Metronet will ensure that 911, 811, the
underground utility and the City Engineering Department are notified. City
Engineering Department can be notified at (317) 595- 3160.
ix. Metronet and its contractors will participate in the Indiana Damage Prevention
Council for the areas in which Metronet contractors are excavating.
X. Metronet shall contact Vectren in advance of excavations so that both Metronet
and Vectren know in advance of where Metronet's contractors will be working to
ensure adequate location resources are made available Metronet will ensure that
its contractors are trained to adhere to the Metronet Safety Plan and the City's
Corrective Action Plan.
To the extent that the Metronet Safety Plan conflicts with the terms of the City's
Corrective Action Plan, the City's Corrective Action Plan will take precedence.
3. City's Responsibilities. In exchange for Metronet's implementation of the Metronet
Safety Plan and the City's Corrective Action Plan, City agrees to terminate the Stop Work Order
and allow Metronet to begin construction activity within the municipal boundaries of the City,
beginning the Effective Date in accordance with the terms of this MOU. The City agrees that the
effective date of any permits issued to Metronet that were unexpired prior to the issuance of the
Stop Work Order will be extended by the number of days the Stop Work Order was in place.
The City further agrees not to unreasonably delay the issuance or denial of future Metronet
permit applications.
3
4. Term. This MOU shall remain in effect until the earlier of the effective date of the
Official Action or April 15, 2018.
5. Breach. In the event that Metronet has five (5) hits to underground gas lines (each a
"Utility Hit" collectively the "Utility Hits") in a one (1) month period or two (2) Utility Hits in
one (1) week, or fails to abide by the terms of this MOU, the City may, in its reasonable
discretion, declare Metronet in breach of the terms of this MOU and impose one or more of the
penalties described in Paragraph 6 below. Metronet shall not be in breach of this MOU for any
Utility Hit: a) resulting from the failure of a locating entity to accurately mark the location of
the stricken underground facility; or b) to any underground facility, including but not limited to
sprinkler heads, that are improperly situated in a utility easement.
6. Penalty. In addition to any other penalty or remedy allowable by Indiana law, the City
may take one or a combination of the following actions upon breach of Metronet:
a. Stop Work Order. The City may institute one or more temporary or permanent
stop work orders, at City's reasonable discretion, and Metronet agrees to stop work immediately
upon receipt of the stop work order. The parties shall work together to determine the best
course of action in order to correct the breach and lift the stop work order. The City shall not
unreasonably delay terminating a stop work order.
b. Fines. The City may impose fines consistent with IC 36-1-3-8, without
proceeding as it would for enforcement of a violation of Carmel Code of Ordinances. The
amount of the fine will be determined by the severity of the breach but shall not exceed five
hundred dollars ($500) per each breach.
C. Reimbursement of City's costs. City may seek reimbursement of any costs it
incurs due to the breach, including but not limited to reasonable and demonstrated inspection
fees and emergency response personnel costs.
7. Process for Determining Breach and Penalty. Within ten (10) business days of
learning of an alleged breach of this MOU, the City shall notify Metronet in accordance with
Section 8, which notice shall also include the City's determination of any breach and any fine or
cost associated therewith ("Notice"). Metronet shall remit any payment to the City within ten
(10) business days of receiving Notice, unless Metronet requests a conference with the City to
exchange information regarding the alleged breach and appropriate penalty ("Conference"),
which Conference shall occur within twenty (20) business days after receiving Notice. Within
ten (10) business days after the Conference, the City's designated representatives shall inform
Metronet of its final determination of a breach and any fine or cost associated therewith (the
"Final Determination"). In the event Metronet disputes the Final Determination, it shall notify
the City within seven (7) business days after receiving notice of the Final Determination, of its
request to appeal the Final Determination ("Appeal"). Any Appeal shall be submitted to the
City's Board of Public Works & Safety ("Board"), who shall place the Appeal on its agenda
during its regularly scheduled meeting. The Board's decision on the Appeal shall be final
appealable order pursuant to IC 36-1-6-9. Notwithstanding the foregoing or anything contained
herein to the contrary, the City may take any action consistent with Section 6 herein, including
2
the implementation of a Stop Work Order, as the parties process each breach pursuant to this
Section 7.
8. Notice. Any and all notices given under this MOU shall be in writing and sent to
the other party at its address set forth below. Notices may be sent via certified mail (return
receipt requested) or by nationally -recognized overnight courier (e.g. Federal Express).
If to City: City of Carmel
Corporation Counsel
One Civic Square, 3d Floor
Carmel, IN 46032
If to Metronet: Metronet
Attn: General Counsel
8837 Bond St.
Overland Park, KS 66214
9. Miscellaneous.
a. Amendment. This MOU and its exhibits attached hereto, may be amended
and/or modified only by the written agreement of both Parties. No waiver, modification or
amendment of any term, condition or provision of this Agreement shall be valid or have any
force or effect unless made in writing and signed by the Parties.
b. Mutual Assistance. The Parties hereto agree, subject to further proceedings
required by law, to take such actions, including the execution and delivery of such other
documents, as may be reasonably necessary or appropriate, from time to time, to carry out the
terms, provisions, and intent of this MOU.
C. Governing Law. The MOU shall be governed by and construed under the laws of
the State of Indiana. All disputes or proceeding arising in connection with this MOU shall be
adjudicated in Hamilton County, Indiana.
d. Change of Law. If a change in law occurs during the term of this MOU, then
either Party may notify the other to express its opinion on any necessary changes to the terms of
the MOU in order to be in compliance with the new law. If the Parties agree on the change to the
MOU, then a written amendment specifying the changes shall be executed by the Parties.
e. Initial Statement. Upon execution of this MOU, the City shall release a statement
in substantially similar form to Exhibit C, attached hereto and incorporated herein.
10. In witness whereof, the Parties, by their respective duly authorized officers, have execute
this MOU as of the day and year first written above.
5
CITY OF CARMEL, INDIANA
By. 1
3345873_1
CMN-RUS, INC.
B
Indiana Utility Regulatory Commission
Pipeline Safety Division
Investigation Summary and Options
Regarding MetroNet's Construction Activities
As of September 12, 2017
At the request of the City of Fishers ("Fishers"), the City of Carmel ("Carmel"), and the City of
Westfield ("Westfield"), the Pipeline Safety Division ("PSD" or "Division") of the Indiana Utility
Regulatory Commission ("IURC" or "Commission") is providing this investigation summary and a
list of options to improve public safety regarding contractors working on behalf of CMN-RUS,
Inc., d/b/a MetroNet ("MetroNet"). All three communities have placed a halt on MetroNet
contractors excavating in public rights-of-way. The incident in Westfield that just occurred on
Friday, September 8, 2017, is under investigation at this time; therefore, only preliminary
information is being provided now, with a final investigation summary to be provided once that
investigation is completed.
This document contains the following:
A. Investigation Summary
1) Specific Case Information for Fishers
2) Specific Case Information for Carmel
3) Preliminary Information for Westfield
4) Failure to Register with Indiana Secretary of State
5) Additional Information Withheld by MetroNet
6) Safe Digging Best Practices
B Options for Correction Action Regarding MetroNet's Construction Activities
C. Attachments
1) Investigation Reports for each case
2) Letter from Chairman Atterholt to Indiana Attorney General regarding failure
to register with Indiana Secretary of State
3) Safe Digging Best Practices
Exhibit
(o -F3 y
A. Investigation Summary:
This investigation summary includes a summary of the PSD findings regarding specific cases of
damaged gas lines in Fishers and Carmel and preliminary information regarding the recently
damaged gas line in Westfield, as well as other information discovered by PSD and Commission
staff during the course of the investigation. The Investigation Reports are attached and are in
order by case number.
Of the 20 cases investigated for Fishers and Carmel, the Division found that ten (10) cases were
violations by the excavators (i.e., MetroNet contractors), six (6) cases were violations by the gas
utility (i.e., Indiana Gas Company d/b/a Vectren), and four (4) cases involved no violations.
1) Specific Case Information for Fishers:
Of the 11 incidents of damage to gas lines in Fishers, six (6) were violations by the MetroNet
contractor (for using mechanized equipment within two feet of the marked gas lines and for
failure to plan when using hand tools); four (4) were violations by Indiana Gas Company d/b/a
Vectren, the operator of the gas lines (for failure to properly mark the lines); and one (1) was no
violation (as the excavator was using hand tools and there was no evidence of a failure to plan
the excavation);
0 Crosier Lane Consulting, Inc.
o Case #16484 — 6/19/2017 — excavator violation (used mechanized equipment
within 2 feet of marked line)
o Case #16524— 6/20/2017 —excavator violation (used mechanized equipment
within 2 feet of marked line)
• International, Inc.
o Case #16746 — 8/15/2017 — excavator violation (failure to plan in use of hand
tools)
o Case #16810 — 8/14/2017 — no violation (appropriate use of hand tools)
o Case #16811— 8/17/2017 — excavator violation (failure to plan in use of hand
tools)
o Case #16812 — 8/24/2017 — excavator violation (used mechanized equipment
within 2 feet of marked line)
• RC Underground, LLC
o Case #16008 —4/25/2017 —operator violation (failure to properly mark)
o Case #16013 —4/26/2017 —operator violation (failure to properly mark)
o Case #16521— 6/29/2017 —operator violation (failure to properly mark)
o Case #16694 — 8/1/2017 — excavator violation (failure to plan in use of hand
tools)
Exhibit
• RLM Underground, LLC
o Case #16813 — 8/24/2017 — operator violation (failure to properly mark)
2) Specific Case Information for Carmel:
Of the nine (9) incidents of damage to gas lines in Carmel, four (4) were violations by the
MetroNet contractor (for using mechanized equipment within two feet of the marked gas lines
and for failure to plan when using hand tools); two (2) were violations by Indiana Gas Company
d/b/a Vectren, the operator of the gas lines (for failure to properly mark the lines); and three
(3) were no violation (as the excavator was using hand tools and there was no evidence of a
failure to plan the excavation);
• International, Inc.
o Case #16726 — 8/9/2017 — operator violation (failure to properly mark)
• Nexgen Directional, LLC
o Case #16392 — 5/30/2017 —excavator violation (used mechanized equipment
within 2 feet of marked line)
o Case #16480 — 6/16/2017 — no violation (appropriate use of hand tools)
o Case #16660 — 7/21/2017 — no violation (appropriate use of hand tools)
• Radical Concepts, LLC (d/b/a Palindrome Construction)
o Case #16635 — 7/18/2017 — excavator violation (failed to call 811 to renew
marks)
o Case #16640— 7/18/2017 —excavator violation (digging ticket expired)
o Case #16708 — 8/2/2017 — excavator violation (digging in area outside of ticket)
• RLM Underground, LLC
o Case #16722 — no violation (appropriate use of hand tools)
o Case #16727 — operator violation (failure to properly mark)
3) Preliminary Information for Westfield:
According to some initial information provided by employees of Citizens Gas of Westfield
("Citizens"), the information indicates that a gas line was damaged at 121 S. Walnut Street in
Westfield, Indiana, on Friday, September 8, 2017, by International Inc., a subcontractor for
MetroNet. The gas leaking from the damage migrated underground to the sewer system, the
Fire Department responded, homes in the vicinity were evacuated, and electricity was turned
off by Duke Energy Indiana, LLC, until the gas line was repaired.
Citizens promptly reported this incident to the Commission's Pipeline Safety Division, and PSD
investigators were at the scene of the event immediately after being notified and they are
actively investigating the incident under Case #16872.
Exhibit
Excavation damages to gas lines that result in the migration of natural gas underground
through sewer systems and into basements is extremely dangerous and often leads to
explosions, with injuries and loss of life.
4) Failure to Register with Indiana Secretary of State:
In order to assure accurate addresses for legal notices, the Commission's Office of General
Counsel researched each of the contractors under investigation, reviewing information on the
website and on-line services of the Indiana Secretary of State. That review discovered that it
appears all six (6) contractors are out-of-state entities and all but one of the contractors has not
registered with the Indiana Secretary of State as required under Indiana law.
Specifically, it appears that the following MetroNet contractors have not registered as required
by Indiana law:
• Crosier Lane Consulting, Inc.
(Illinois business)
• International, Inc.
(Michigan business)
• Nexgen Directional, LLC
(Illinois business)
• R C Underground, LLC
(Florida business)
• R L M Underground, LLC
(Kansas business)
This failure to comply with Indiana law makes the Pipeline Safety Division's important public
safety function more difficult. As a result, the IURC's Chairman is referring this information to
the Indiana Office of Attorney General for review and possible fines of up to $10,000 per
company. Please see attached letter.
Note: Radical Concepts, LLC (d/b/a Palindrome Construction) is a New Jersey company and has
registered in Indiana.
5) Additional Information Withheld by MetroNet:
The Division requested that MetroNet provide a list of its contractors excavating in Indiana. To
date, the Division has not requested information on the company hiring an excavating
contractor because the "Call Before You Dig" law only allows enforcement against the person or
entity that caused the excavation damage, not the company who hired them. However, in
order to have a clearer understanding of what was happening with the damage cases involving
MetroNet's contractors throughout the State of Indiana, the Division believed that having such
information may be helpful in determining trends or patterns of damages, which may then be
corrected. MetroNet's counsel declined to provide the list, stating that it was "competitively
sensitive information."
F In-blt A
AJC, L/
In addition, economic or contract incentives to quickly complete a project involving excavation
can affect whether the appropriate safe digging practices are being followed. As a result, the
Division requested a copy of a sample contract between MetroNet and its contractors, with any
trade secret information appropriately redacted. Even though the Commission is required to
protect trade secret information under state law, MetroNet's counsel declined to provide even
a redacted sample contract, stating that it was "competitively sensitive information."
6) Safe Digging Best Practices:
The Division has attached a list of safe digging best practices from the Common Ground
Alliance, a national pipeline safety organization — see attached document. A complete book of
best practices is available at: http://commongroundalliance.com/best-practices-guide )
Exhibit
6o
T L�
B. Options for Corrective Action Regarding MetroNet's Construction Activities:
The following are options that each City may want to consider in its determination regarding
the conditions under which MetroNet contractors may be allowed to resume the installation of
fiber optic cable in the City:
1) Documentation that MetroNet's executive leadership, project managers, and supervisors
have taken training regarding safe digging practices and understand the requirements of
Indiana's "Call Before You Dig" law (Indiana Code chapter 8-1-26), such as:
a) Attendance (with a passing score) at one of the Underground Plant Protection
Advisory Committee's ("UPPAC's") mandatory training classes (designed for
those previously found in violation of Indiana's "Call Before You Dig" law);
and/or
b) Completion of the IURC sponsored online excavation damage training at
https://www.safedigindiana.com/.
2) Documentation that all of MetroNet's contractor crews are trained and qualified
regarding safe digging practices and understand the requirements of Indiana's "Call
Before You Dig" law (Indiana Code chapter 8-1-26), such as:
a) Attendance (with a passing score) at one of the Underground Plant Protection
Advisory Committee's ("UPPAC's") mandatory training classes (designed for
those previously found in violation of Indiana's "Call Before You Dig" law);
and/or
b) Completion of the IURC sponsored on-line excavation damage training at
https://www.safedigindiana.com/.
3) Commitment that MetroNet's contractor crews will follow the CGA Best Practices that
each City requires — see attached list of possible related best practices.
4) Documentation that all of MetroNet's contractor crews are properly registered (as
needed) to do business in Indiana with 1) Indiana's Secretary of State's Office, 2) Hamilton
County, or 3) the Towns of Fishers or Carmel. If such contractor crews are exempt from
registration, MetroNet should provide proof to the City that their contractors are
adequately insured and/or bonded and that accurate contact information (including
mailing addresses and telephone numbers) has been provided to the Cities and the IURC
PSD.
5) A written plan by MetroNet describing how it will demand public safety over speed of
installation of its fiber optic lines by their MetroNet contractor crews, possibly including:
a) Regular reporting of MetroNet contractor crew performance;
Exhibit
C-�q
b) Contract incentives and penalties between MetroNet and its contractors
designed to avoid further incidents; and/or
C) MetroNet showing that it vets its contractor crews and they know they are
expected to focus on public safety, not simply footage.
6) A written plan by Indiana Gas Company (dba Vectren Energy Services) ("Vectren")
describing how it will provide accurate and timely locates of Vectren's underground
facilities, possibly including:
a) Regular reporting of Vectren's contract locator performance to each City; and
b) Contract incentives and penalties between Vectren and its contract locators
designed to avoid further mis-locates.
7) Documentation that Vectren's contract locators are trained and qualified.
8) Commitment that Vectren's contract locating company, USIC, will assign more senior and
experienced locators to the jobs where MetroNet contractor crews are working.
9) Commitment that MetroNet contractor crews will request additional information from
the underground facility owners that they might need to help them in locating and
avoiding damage to underground facilities.
10) Commitment that MetroNet will have company inspectors on-site to monitor each
contractor crew to ensure safe digging practices are being followed; OR as an alternative,
MetroNet will reimburse the City for the associated costs of having a City inspector on
site.
11) Commitment that MetroNet will ensure its contractor crews are using hydro -excavation
rather than hand tools to expose gas facilities prior to boring or trenching operations.
With hard and dry soil conditions, it is very difficult to use hand tools to expose pipeline
facilities. Hydro -excavation essentially uses a combination of high pressure water and a
vacuum to remove soil, which is the preferred method to expose buried gas lines.
12) Commitment by MetroNet and Vectren to work together, and with other underground
facility owners, to ensure all parties know well in advance of where MetroNet contractor
crews will be working to ensure adequate locating resources are made available. This
should provide the underground facility owners and their contract locators (if applicable)
with sufficient time to adequately plan and staff for the number of notices of excavation
received and allow the coordination of resources accordingly.
13) A written plan by MetroNet to achieve improved proactive communications with all of its
stakeholders, including, but not limited to, the City, the City's citizens, all underground
Exbibit
7d
facility owners (and their locators), and MetroNet's own contract crews. This plan should
focus on improved coordination of efforts and collaboration to prevent and mitigate the
risks associated with any further excavation damages.
14) Commitment by MetroNet and its contractors to participate in the Indiana Damage
Prevention Council for the area(s) in which the City is located and where MetroNet
contractors are excavating. Information for the Indiana Damage Prevention Council
Central Chapter can be found at: https://indiana8ll.org/idpccc.
Exhibit
STATE �/ INDIANA
INDIANA UTILITY REGULATORY COMMISSION
101 WEST WASHINGTON STREET, SUITE 1500 EAST
www.in.gov/iurc
Office: (317) 232-2701
TNIDTANAPOT.N. R%MTANA 46704-3419 Famimile: (3171737-6758
Pipeline Safety Division Investigation Report
Investigation regarding: Vectren Energy Delivery
Case Number: 16008
Report Date: 8/11/2017 12:00 AM
Damage Date: 4/25/2017 12:00 AM
The Parties
Investigator: Aaron Holeman
Damage Address: 116th & Ringer Rd, Fishers
Excavator: R C Underground
Address: 6421 Key Island Ave Apollo Beach, FL 33572
Facility Owner: Vectren Energy Delivery
Pipeline Facility
Facility Type: Natural Gas
Type of Equipment: Boring
Damage Impact
Product Release: Yes
Repair Cost (if known):
Facility Function: Distribution
Type of Work Performed: Cable TV
Excavator Activities/Cause of Damage Information:
Excavator Request Locates: Yes
Excavator Notify Operator: Yes
Service Interruption: No -
Facility Depth (inches): 20.0000
Indiana 811 Ticket Number: 1704254341
Excavator Notify 811: Excavator Notify 911: Yes
Severity Circumstances Submitted by Excavator/Operator:
Excavator: Yes Operator: Yes
Findings: Excavator damaged a distribution main with a horizontal boring machine. They had a valid locate
request at the time of the incident. The operator failed to mark the line correctly due to locator error.
Violation: IC 8-1-26-18(h) Operator failed to locate or provided incorrect locate markings.
Exhibit
i
STATE �/ INDIANA
INDIANA UTILITY REGULATORY COMIMSION
101 WEST WASHINGTON STREET, SUITE 1500 EAST
www.in.gov/iurc
Office: (317) 232-2701
TNDTANAPOT.N. INDIANA 467(14-3419 Far,;imilP- (.317)737-6755
Pipeline Safety Division Investigation Report
Investigation regarding: Vectren Energy Delivery
Case Number: 16013
Report Date: 8/11/2017 12:00 AM
Damage Date: 4/26/2017 12:00 AM
The Parties
Investigator: Aaron Holeman
Damage Address: 13868 E 116th St, Fishers
Excavator: R C Underground
Address: 6421 Key Island Ave Apollo Beach, FL 33572
Facility Owner: Vectren Energy Delivery
Pipeline Facility
Facility Type: Natural Gas
Type of Equipment: Boring
Damage Impact
Product Release: Yes
Repair Cost (if known):
Facility Function: Distribution
Type of Work Performed: Cable TV
Excavator Activities/Cause of Damage Information:
Excavator Request Locates: Yes
Excavator Notify Operator: Yes
Service Interruption: Yes - 1
Facility Depth (inches):
Indiana 811 Ticket Number: 1703211350
Excavator Notify 811: Excavator Notify 911: Yes
Severity Circumstances Submitted by Excavator/Operator:
Excavator: Yes Operator: Yes
Findings: Excavator damaged a distribution main with a horizontal boring machine. They had a valid locate
request at the time of the incident. The operator failed to correctly mark the facility due to locator error.
Violation: IC 8-1-26-18(h) Operator failed to locate or provided incorrect locate markings.
Exhibit A
roofm
STATE �/ INDIANA
INDIANA UTILITY REGULATORY COMMISSION
101 WEST WASHINGTON STREET, SUITE 1500 EAST
www.in.gov/iurc
Office: (317) 232-2701
TNT)TANAPOLTS. TNDTANA 400-3419 F»rcimilP- (317)737-67..99
Pipeline Safety Division Investigation Report
Investigation regarding: Nexgen Directional LLC
Case Number: 16392
Report Date: 8/29/2017 12:00 AM
Damage Date: 5/30/2017 12:00 AM
The Parties
Investigator: Michael Neal
Damage Address: 13034 Abraham Run, Carmel
Excavator: Nexgen Directional LLC
Address: 1712 S Whittle Ave. Olney, IL 62450
Facility Owner: Vectren Energy Delivery
Pipeline Facility
Facility Type: Natural Gas Facility Function: Distribution
Type of Equipment: Boring Type of Work Performed: Cable TV
Damage Impact
Product Release: Yes Service Interruption: Yes -5
Repair Cost (if known): Facility Depth (inches): 36.0000
Excavator Activities/Cause of Damage Information:
Excavator Request Locates: Yes
Excavator Notify Operator: Yes
Indiana 811 Ticket Number: 1705182041
Excavator Notify 811: Excavator Notify 911: Yes
Severity Circumstances Submitted by Excavator/Operator:
Excavator: Operator:
Findings: Both the Operator and Excavator responded to a request for more information. The Excavator was
boring within the tolerance zone when the gas line was damaged.
Violation: IC 8-1-26-20(a)(2) Failure to maintain two (2) feet clearance with mechanized equipment.
Exhibit
STATE ?/ INDIANA
INDIANA UTILITY REGULATORY CONUvIISSION
101 WEST WASHINGTON STREET, SUITE 1500 EAST
www.in.gov/iurc
Office: (317) 232-2701
TNT)TANAPnT.T';. TNT)TANA 46704-3419 Faodmila (3171 ?39-6759
Pipeline Safety Division Investigation Report
Investigation regarding: Nexgen Directional LLC
Case Number: 16480
Report Date: 9/6/2017 12:00 AM Investigator: Aaron Holeman
Damage Date: 6/16/2017 12:00 AM Damage Address: 12788 Double Eagle Dr, Carmel
The Parties
Excavator: Nexgen Directional LLC
Address: 1712 S Whittle Ave. Olney, IL 62450
Facility Owner: Vectren Energy Delivery
Pipeline Facility
Facility Type: Natural Gas Facility Function:
Type of Equipment: Hand Tools Type of Work Performed: Other
Damage Impact
Product Release: Service Interruption: -
Repair Cost (if known): Facility Depth (inches):
Excavator Activities/Cause of Damage Information:
Excavator Request Locates:
Excavator Notify Operator:
Indiana 811 Ticket Number:
Excavator Notify 811: Excavator Notify 911:
Severity Circumstances Submitted by Excavator/Operator:
Excavator: Operator:
Findings: Excavator requested a dig ticket and the operator accurately marked. Excavator used a shovel.
Excavator notes that the ground was hard and there were tree roots in the area. However, neither party has pictures
of the damaged line. Without that or some additional information, there is insufficient information to make a
finding of IC 8-1-26-20(a)(1), failure to plan.
Violation: Insufficient evidence to find violation.
Exhibit —A—
ljoF3{
STATE �/ INDIANA
INDIANA UTILITY REGULATORY CONMISSION
101 WEST WASHINGTON STREET, SUITE 1500 EAST
www.in.gov/iurc
Office: (317) 232-2701
TNT)TANAPOT.N. TNT)TANA 400-3419 Fnrcimila! (317) 7.17-67.98
Pipeline Safety Division Investigation Report
Investigation regarding: Crosier Lane Consulting, Inc.
Case Number: 16484
Report Date: 8/31/2017 12:00 AM
Damage Date: 6/19/2017 12:00 AM
The Parties
Investigator: Aaron Holeman
Damage Address: 9645 Claymore Dr, Fishers
Excavator: Crosier Lane Consulting, Inc.
Address: 5325 N Lakewood Road Olney, IL 62450
Facility Owner: Vectren Energy Delivery
Pipeline Facility
Facility Type: Natural Gas
Type of Equipment: Boring
Damage Impact
Product Release: Yes
Repair Cost (if known): $560.78
Facility Function: Service/Drop
Type of Work Performed: Cable TV
Service Interruption: Yes -1
Facility Depth (inches): 28.0000
Excavator Activities/Cause of Damage Information:
Excavator Request Locates: Yes
Excavator Notify Operator: Yes
Indiana 811 Ticket Number: 1706070932
Excavator Notify 811: Excavator Notify 911: Yes
Severity Circumstances Submitted by Excavator/Operator:
Excavator: No Operator: Yes
Findings: Excavator damaged an accurately marked service line with a horizontal boring machine. They had a
valid request at the time of the incident, but failed to expose the line in the area of the excavation and therefore
were using mechanized equipment inside the 2 -foot tolerance zone.
Violation: IC 8-1-26-20(a)(2) Failure to maintain two (2) feet clearance with mechanized equipment.
Exhibit
[ 3 A
STATE 9/ INDIANA
INDIANA UTILITY REGULATORY COMMISSION
101 WEST WASHINGTON STREET, SUITE 1500 EAST
www.in.gov/iurc
Office: (317) 232-2701
TNT)TANAPOUS. TNDTANA 467M-3419 Farsimih-- (317)737-67FR
Pipeline Safety Division Investigation Report
Investigation regarding: Vectren Energy Delivery
Case Number: 16521
Report Date: 8/31/2017 12:00 AM
Damage Date: 6/29/2017 12:00 AM
The Parties
Investigator: Aaron Holeman
Damage Address: 9251 Crossing, Fishers
Excavator: R C Underground
Address: 6421 Key Island Ave Apollo Beach, FL 33572
Facility Owner: Vectren Energy Delivery
Pipeline Facility
Facility Type: Natural Gas
Type of Equipment: Boring
Damage Impact
Product Release: Yes
Repair Cost (if known):
Facility Function: Service/Drop
Type of Work Performed: Cable TV
Excavator Activities/Cause of Damage Information:
Excavator Request Locates: Yes
Excavator Notify Operator: No
Service Interruption: Yes - 1
Facility Depth (inches): 36.0000
Indiana 811 Ticket Number: 1706161192
Excavator Notify 811: Excavator Notify 911: Yes
Severity Circumstances Submitted by Excavator/Operator:
Excavator: No Operator: No
Findings: Excavator damaged a service line with horizontal boring machine. They had a valid locate request at
the time of the incident. The operator failed to mark the line due to locator error.
Violation: IC 8-1-26-18(h) Operator failed to locate or provided incorrect locate markings.
Exhibit
�07'3�
STATE �/ INDIANA
INDIANA UTILITY REGULATORY COMMISSION
101 WEST WASHINGTON STREET, SUITE 1500 EAST
www.in.gov/iurc
Office: (317) 232-2701
TNDTANAPOT.TS. TNT)TANA 46904-3419 Farcimi1w (.3171737-675A
Pipeline Safety Division Investigation Report
Investigation regarding: Crosier Lane Consulting, Inc.
Case Number: 16524
Report Date: 8/31/2017 12:00 AM
Damage Date: 6/30/2017 12:00 AM
The Parties
Excavator: Crosier Lane Consulting, Inc.
Investigator: Aaron Holeman
Damage Address: 12630 Longleaf Ln, Fishers
Address: 5325 N Lakewood Road Olney, IL 62450
Facility Owner: Vectren Energy Delivery
Pipeline Facility
Facility Type: Natural Gas
Type of Equipment: Boring
Damage Impact
Product Release: Yes
Repair Cost (if known): $1,502.36
Facility Function: Service/Drop
Type of Work Performed: Cable TV
Service Interruption: Yes -1
Facility Depth (inches): 21.0000
Excavator Activities/Cause of Damage Information:
Excavator Request Locates: Yes
Excavator Notify Operator: Yes
Indiana 811 Ticket Number: 1706071418
Excavator Notify 811: Excavator Notify 911: Yes
Severity Circumstances Submitted by Excavator/Operator:
Excavator: No Operator: Yes
Findings: Excavator damaged an accurately located service line with a horizontal boring machine. The excavator
had a valid locate request at the time of the incident. The excavator made a pot hole and exposed a portion of the
line. However, the diameter of the hole was not large enough, so when the bore came through, there was not
sufficient time to stop the boring machine before it damaged the line.
Violation: IC 8-1-26-20(a)(2) Failure to maintain two (2) feet clearance with mechanized equipment.
Exhibit
STATE �/ INDIANA
INDIANA UTILITY REGULATORY COh9IISSION
101 WEST WASHINGTON STREET, SUITE 1500 EAST
www.in.gov/iurc
Office: (317) 232-2701
TNT)TANAPOT.N. TNDTANA 46?n4-3419 Farcimila- (317) TV -675A
Pipeline Safety Division Investigation Report
Investigation regarding: Radical Concepts d/b/a Palindrome Construction
Case Number: 16635
Report Date: 9/11/2017 12:00 AM
Damage Date: 7/18/2017 12:00 AM
The Parties
Investigator: Aaron Holeman
Damage Address: 13580 Brentwood Ln, Carmel
Excavator: Radical Concepts d/b/a Palindrome Construction
Address: 6623 W 13th St Indianapolis, IN 46214
Facility Owner: Vectren Energy Delivery
Pipeline Facility
Facility Type: Natural Gas
Type of Equipment: Boring
Damage Impact
Product Release: Yes
Repair Cost (if known):
Facility Function: Service/Drop
Type of Work Performed: Cable TV
Service Interruption: Yes -1
Facility Depth (inches): 30.0000
Excavator Activities/Cause of Damage Information:
Excavator Request Locates: Yes
Excavator Notify Operator: Yes
Indiana 811 Ticket Number: 1707064305
Excavator Notify 811: Excavator Notify 911:
Severity Circumstances Submitted by Excavator/Operator:
Excavator: No Operator: Yes
Findings: Only the Operator responded to the request for information. Excavator damaged a service line with a
horizontal boring machine. Operator properly marked the area to be excavated. The homeowner removed the flags
and excavator dug without calling 811 to renew the marks. The damaged line was on the property line between
13580 and 13596. It was damaged closer to 13580 but was the line for 13596.
Violation: IC 8-1-26-20(a)(3)(b) Failure to notify IN811 when locate markings have become illegible
Bxhibit—A—
ra3�
STATE �/ INDIANA
INDIANA UTILITY REGULATORY COMMISSION
101 WEST WASHINGTON STREET, SUITE 1500 EAST
www.in.gov/iurc
Office: (317) 232-2701
TNl)TANAPnT.TS. TNT)TANA 46704-3419 Farcimila: (.31 71 939-675A
Pipeline Safety Division Investigation Report
Investigation regarding: Radical Concepts d/b/a Palindrome Construction
Case Number: 16640
Report Date: 9/11/2017 12:00 AM
Damage Date: 7/18/2017 12:00 AM
The Parties
Investigator: Aaron Holeman
Damage Address: 1204 Smokey Row Ln, Carmel
Excavator: Radical Concepts d/b/a Palindrome Construction
Address: 6623 W 13th St Indianapolis, IN 46214
Facility Owner: Vectren Energy Delivery
Pipeline Facility
Facility Type: Natural Gas
Type of Equipment: Boring
Damage Impact
Product Release: Yes
Repair Cost (if known):
Facility Function: Distribution
Type of Work Performed: Cable TV
Service Interruption: Yes -5
Facility Depth (inches): 30.0000
Excavator Activities/Cause of Damage Information:
Excavator Request Locates: Yes
Excavator Notify Operator: Yes
Indiana 811 Ticket Number: 1706273510
Excavator Notify 811: Excavator Notify 911:
Severity Circumstances Submitted by Excavator/Operator:
Excavator: No Operator: Yes
Findings: Only the Operator responded to the request for information. Excavator damaged a distribution main
with a horizontal boring machine. They allowed their prior ticket to expire and were therefore digging without a
valid request.
Violation: IC 8-1-26-16(h)(expire) Failure to provide notice of excavation - expired ticket.
Exhibit
ef�
7 �
STATE �/ INDIANA
INDIANA UTILITY REGULATORY COMMISSION
101 WEST WASHINGTON STREET, SUITE 1500 EAST
www.in.gov/iurc
Office: (317) 232-2701
TNT)TANAPOT.TS. TNDTANA 4004-3419 Fardmila: (317)739-67SR
Pipeline Safety Division Investigation Report
Investigation regarding: Nexgen Directional LLC
Case Number: 16660
Report Date: 9/1/2017 12:00 AM
Damage Date: 7/21/2017 12:00 AM
The Parties
Investigator: Aaron Holeman
Damage Address: 14370 Jeremy Dr, Carmel
Excavator: Nexgen Directional LLC
Address: 1712 S Whittle Ave. Olney, IL 62450
Facility Owner: Vectren Energy Delivery
Pipeline Facility
Facility Type: Natural Gas Facility Function: Service/Drop
Type of Equipment: Hand Tools Type of Work Performed: Cable TV
Damage Impact
Product Release: Service Interruption: -
Repair Cost (if known): Facility Depth (inches):
Excavator Activities/Cause of Damage Information:
Excavator Request Locates:
Excavator Notify Operator:
Indiana 811 Ticket Number:
Excavator Notify 811: Excavator Notify 911:
Severity Circumstances Submitted by Excavator/Operator:
Excavator: Operator:
Findings: Excavator requested a dig ticket and the operator accurately marked. Excavator used a shovel. No
additional information was provided by either party that would indicate a violation of IC 8-1-26-20(a)(1).
Violation: Insufficient evidence to find violation.
Exhibit A
(`6W3
STATE �/ INDIANA
INDIANA UTILITY REGULATORY COMMISSION
101 WEST WASHINGTON STREET, SUITE 1500 EAST
www.in.gov/iurc
Office: (317) 232-2701
TNDTANAPOT.N. TNDTANA 46704-1419 Far-imilac (317) 937-675R
Pipeline Safety Division Investigation Report
Investigation regarding: R C Underground
Case Number: 16694
Report Date: 9/5/2017 12:00 AM
Damage Date: 8/1/2017 12:00 AM
The Parties
Excavator: R C Underground
Investigator: Aaron Holeman
Damage Address: 9660 Overcrest Dr, Fishers
Address: 6421 Key Island Ave Apollo Beach, FL 33572
Facility Owner: Vectren Energy Delivery
Pipeline Facility
Facility Type: Natural Gas
Type of Equipment: Probing
Damage Impact
Product Release: Yes
Repair Cost (if known):
Facility Function: Service/Drop
Type of Work Performed: Cable TV
Service Interruption: Yes -1
Facility Depth (inches): 25.0000
Excavator Activities/Cause of Damage Information:
Excavator Request Locates: Yes
Excavator Notify Operator: Yes
Indiana 811 Ticket Number: 1707263022
Excavator Notify 811: Excavator Notify 911: Yes
Severity Circumstances Submitted by Excavator/Operator:
Excavator: Yes Operator: Yes
Findings: Excavator damaged an accurately marked service line with a probe rod. They were attempting to
expose the line by potholing with hydro excavation, but used the probe rod when the line was not visible. The line
does not appear to be brittle or otherwise have a loss of integrity. Therefore, the excavator would have used the
probe rod with force to drive it into the line. Using a probe rod in this manner fails to avoid damage.
Violation: IC 8-1-26-20(a)(1) Failure to plan excavation to avoid damage or interference with underground
facilities.
Exhibit
M ef3�
STATE 9/ INDIANA
INDIANA UTILITY REGULATORY CONR IISSION
101 WEST WASHINGTON STREET, SUITE 1500 EAST
www.in.gov/iurc
Office: (317) 232-2701
TNT)TANAPOT.TS. TNT)TANA 4004-3419 Farcimila (317) 739-675R
Pipeline Safety Division Investigation Report
Investigation regarding: Radical Concepts d/b/a Palindrome Construction
Case Number: 16708
Report Date: 9/11/2017 12:00 AM Investigator: Aaron Holeman
Damage Date: 8/2/2017 12:00 AM Damage Address: 490 Tulip Poplar Crest, Carmel
The Parties
Excavator: Radical Concepts d/b/a Palindrome Construction
Address: 6623 W 13th St Indianapolis, IN 46214
Facility Owner: Vectren Energy Delivery
Pipeline Facility
Facility Type: Natural Gas
Type of Equipment: Hand Tools
Damage Impact
Product Release: No
Repair Cost (if known):
Facility Function: Service/Drop
Type of Work Performed: Other
Service Interruption: Yes -I
Facility Depth (inches): 21.0000
Excavator Activities/Cause of Damage Information:
Excavator Request Locates: Yes
Excavator Notify Operator: Yes
Indiana 811 Ticket Number: 1707183912
Excavator Notify 811: Excavator Notify 911: Yes
Severity Circumstances Submitted by Excavator/Operator:
Excavator: No Operator: Yes
Findings: Only the Operator responded to the request for information. Excavator damaged a service line with a
shovel while attempting to expose the line. The area of the damage was outside the requested scope of their ticket,
therefore they were digging without a valid request in the area of the incident.
Violation: IC 8-1-26-16(h)(out) Failure to provide notice of excavation - damage occurred outside requested
locate area.
Exhibit
2c) of3�
STATE �/ INDIANA
INDIANA UTILITY REGULATORY COMMISSION
101 WEST WASHINGTON STREET, SUITE 1500 EAST
www.in.gov/iurc
Office: (317) 232-2701
TNT)TANAPOT.TS_ TNT)TANA 467(14-3419 Farcimila: (317)737-6755
Pipeline Safety Division Investigation Report
Investigation regarding: R L M Underground
Case Number: 16722
Report Date: 9/8/2017 12:00 AM
Damage Date: 8/8/2017 12:00 AM
The Parties
Investigator: Aaron Holeman
Damage Address: 513 Chauncy Dr, Carmel
Excavator: R L M Underground
Address: 4902 W 57th Street Roeland Park, KS 66205
Facility Owner: Vectren Energy Delivery
Pipeline Facility
Facility Type: Natural Gas Facility Function:
Type of Equipment: Hand Tools Type of Work Performed: Cable TV
Damage Impact
Product Release: Service Interruption: -
Repair Cost (if known): Facility Depth (inches):
Excavator Activities/Cause of Damage Information:
Excavator Request Locates:
Excavator Notify Operator:
Indiana 811 Ticket Number:
Excavator Notify 811: Excavator Notify 911:
Severity Circumstances Submitted by Excavator/Operator:
Excavator: Yes Operator: Yes
Findings: Excavator requested a dig ticket and the operator accurately marked. Excavator used a shovel. No
additional information was provided by either party that would indicate a violation of IC 8-1-26-20(a)(1).
Violation: Insufficient evidence to find violation.
Exhibit..------ ---
2
�r
STATE 9/ INDIANA
INDIANA UTILITY REGULATORY COMMISSION
101 WEST WASHINGTON STREET, SUITE 1500 EAST
www.in.gov/iurc
Office: (317) 232-2701
TNJDTANAP0T.TR. TNDTANA 46704-3419 Farsimila (3171937-67.riR
Pipeline Safety Division Investigation Report
Investigation regarding: Vectren Energy Delivery
Case Number: 16726
Report Date: 9/1/2017 12:00 AM
Damage Date: 8/9/2017 12:00 AM
The Parties
Excavator: International, Inc.
Investigator: Aaron Holeman
Damage Address: 3965 Chadwick, Carmel
Address: 9971 Woodbend Dr. Saline, MI 48176
Facility Owner: Vectren Energy Delivery
Pipeline Facility
Facility Type: Natural Gas
Type of Equipment: Boring
Damage Impact
Product Release: Yes
Repair Cost (if known):
Facility Function: Service/Drop
Type of Work Performed: Cable TV
Excavator Activities/Cause of Damage Information:
Excavator Request Locates: Yes
Excavator Notify Operator: No
Service Interruption: Yes - I
Facility Depth (inches): 24.0000
Indiana 811 Ticket Number: 1707204420
Excavator Notify 811: Excavator Notify 911: Yes
Severity Circumstances Submitted by Excavator/Operator:
Excavator: No Operator: No
Findings: Excavator damaged a service line with a horizontal boring machine. They had a valid request at the
time of the incident. The operator failed to mark the line due to locator error.
Violation: IC 8-1-26-18(h) Operator failed to locate or provided incorrect locate markings.
Exhibit
22Ay
STATE �/ INDIANA
INDIANA UTTLTTY REGULATORY COMMISSION
101 WEST WASHINGTON STREET, SUITE 1500 EAST
www.in.gov/iurc
Office: (317) 232-2701
TNDIANAPOT.N. TDIANA 467(14-3419 FarcimilP- (317) 717-67.99
Pipeline Safety Division Investigation Report
Investigation regarding: Vectren Energy Delivery
Case Number: 16727
Report Date: 9/1/2017 12:00 AM
Damage Date: 8/9/2017 12:00 AM
The Parties
Investigator: Aaron Holeman
Damage Address: 515 Chauncy Street, Carmel
Excavator: R L M Underground
Address: 4902 W 57th Street Roeland Park, KS 66205
Facility Owner: Vectren Energy Delivery
Pipeline Facility
Facility Type: Natural Gas
Type of Equipment: Boring
Damage Impact
Product Release: Yes
Repair Cost (if known):
Facility Function: Service/Drop
Type of Work Performed: Cable TV
Excavator Activities/Cause of Damage Information:
Excavator Request Locates: Yes
Excavator Notify Operator: No
Service Interruption: Yes - 1
Facility Depth (inches): 28.0000
Indiana 811 Ticket Number: 1707313932
Excavator Notify 811: Excavator Notify 911: Yes
Severity Circumstances Submitted by Excavator/Operator:
Excavator: No Operator: No
Findings: Excavator damaged a service line with a horizontal boring machine. They had a valid locate request at
the time of the incident. The operator failed to mark the line due to operator's incorrect maps/records.
Violation: IC 8-1-26-18(h) Operator failed to locate or provided incorrect locate markings.
Exhibit --'L
230,
STATE �/ INDIANA
INDIANA UTILITY REGULATORY CONMUSSION
101 WEST WASHINGTON STREET, SUITE 1500 EAST
www.in.gov/iurc
Office: (317) 232-2701
TNT)TANAPOTIS.TNT)TANA 467(14-3419 Farcimiha (3171737-675A
Pipeline Safety Division Investigation Report
Investigation regarding: International, Inc.
Case Number: 16746
Report Date: 9/1/2017 12:00 AM
Damage Date: 8/15/2017 12:00 AM
The Parties
Excavator: International, Inc.
Investigator: Aaron Holeman
Damage Address: 10328 Woods Edge Dr, Fishers
Address: 9971 Woodbend Dr. Saline, MI 48176
Facility Owner: Vectren Energy Delivery
Pipeline Facility
Facility Type: Natural Gas Facility Function: Service/Drop
Type of Equipment: Hand Tools Type of Work Performed: Cable TV
Damage Impact
Product Release: Yes Service Interruption: Yes -1
Repair Cost (if known): Facility Depth (inches): 30.0000
Excavator Activities/Cause of Damage Information:
Excavator Request Locates: Yes
Excavator Notify Operator: Yes
Indiana 811 Ticket Number: 1708090723
Excavator Notify 811: Excavator Notify 911: Yes
Severity Circumstances Submitted by Excavator/Operator:
Excavator: Yes Operator: Yes
Findings: Excavator damaged an accurately marked 1 -inch service line with a shovel. Rather than using the
shovel in a standard fashion, the excavator used the shovel to drive through the ground, puncturing the line.
Excavator failed to take care and precaution to avoid damage.
Violation: IC 8-1-26-20(a)(1) Failure to plan excavation to avoid damage or interference with underground
facilities.
Exhibit—A-
2 L(ofW
xhibit2L(ofW
STATE 9/ INDIANA
INDIANA UTILITY REGULATORY COMMISSION
101 WEST WASHINGTON STREET, SUITE 1500 EAST
www.in.gov/iurc
Office: (317) 232-2701
TNT)TANAPOT.TS. TNDTANA 4004-3419 FaraimilP- (31'A 2.17-675A
Pipeline Safety Division Investigation Report
Investigation regarding: International Inc.
Case Number: 16810
Report Date: 9/1/2017 12:00 AM Investigator: Aaron Holeman
Damage Date: 8/14/2017 12:00 AM Damage Address: 10430 Woodsedge Drive, Fishers
The Parties
Excavator: International Inc.
Address: 5395 Cogswell St Wayne, MI 48184
Facility Owner: Vectren Energy Delivery
Pipeline Facility
Facility Type: Natural Gas Facility Function:
Type of Equipment: Hand Tools Type of Work Performed: Cable TV
Damage Impact
Product Release: Service Interruption: -
Repair Cost (if known): Facility Depth (inches):
Excavator Activities/Cause of Damage Information:
Excavator Request Locates
Excavator Notify Operator:
Indiana 811 Ticket Number:
Excavator Notify 811: Excavator Notify 911:
Severity Circumstances Submitted by Excavator/Operator:
Excavator: Operator:
Findings: Excavator requested a dig ticket and the operator accurately marked. Excavator used a shovel.
Excavator notes that the ground was hard and there were tree roots in the area. However, neither party has pictures
of the damaged line. Without that or some additional information, there is insufficient information to make a
finding of IC 8-1-26-20(a)(1), failure to plan.
Violation: Insufficient evidence to find violation.
Exhibit
2,--(-
45o
STATE �/ INDIANA
INDIANA UTILITY REGULATORY COMhUSSION
101 WEST WASHINGTON STREET, SUITE 1500 EAST
www.in.gov/iurc
Office: (317) 232-2701
TNT)TANAPOT.TS. TNT)TANA 46704-3419 FamimilP- (317)93? -67..5A
Pipeline Safety Division Investigation Report
Investigation regarding: International Inc.
Case Number: 16811
Report Date: 9/1/2017 12:00 AM
Damage Date: 8/17/2017 12:00 AM
The Parties
Excavator: International Inc.
Investigator: Aaron Holeman
Damage Address: 10168 Parkway Drive, Fishers
Address: 5395 Cogswell St Wayne, MI 48184
Facility Owner: Vectren Energy Delivery
Pipeline Facility
Facility Type: Natural Gas Facility Function:
Type of Equipment: Hand Tools Type of Work Performed: Cable TV
Damage Impact
Product Release: Service Interruption: -
Repair Cost (if known): Facility Depth (inches):
Excavator Activities/Cause of Damage Information:
Excavator Request Locates:
Excavator Notify Operator:
Indiana 811 Ticket Number:
Excavator Notify 811: Excavator Notify 911:
Severity Circumstances Submitted by Excavator/Operator:
Excavator: Operator:
Findings: Excavator damaged an accurately marked 1 -inch service line with a shovel. Rather than using the
shovel in a standard fashion, the excavator used the shovel to drive through the ground, puncturing the line.
Excavator failed to take care and precaution to avoid damage.
Violation: IC 8-1-26-20(a)(1) Failure to plan excavation to avoid damage or interference with underground
facilities.
Exhibit
26d3�
STATE �/ INDIANA
INDIANA UTILITY REGULATORY COMMISSION
101 WEST WASHINGTON STREET, SUITE 1500 EAST
www.in.gov/iurc
Office: (317) 232-2701
TNT)TANAPOIJq_ TNT)TANA 467(14-3419 Farcimilp: (.317) 732-675R
Pipeline Safety Division Investigation Report
Investigation regarding: International Inc.
Case Number: 16812
Report Date: 9/5/2017 12:00 AM
Damage Date: 8/24/2017 12:00 AM
The Parties
Excavator: International Inc.
Investigator: Aaron Holeman
Damage Address: 10260 Night Hawk Dr, Fishers
Address: 5395 Cogswell St Wayne, MI 48184
Facility Owner: Vectren Energy Delivery
Pipeline Facility
Facility Type: Natural Gas Facility Function: Distribution
Type of Equipment: Boring Type of Work Performed: Cable TV
Damage Impact
Product Release: Yes Service Interruption: Yes -3
Repair Cost (if known): Facility Depth (inches): 32.0000
Excavator Activities/Cause of Damage Information:
Excavator Request Locates: Yes
Excavator Notify Operator: Yes
Indiana 811 Ticket Number: 1708092473
Excavator Notify 811: Excavator Notify 911: Yes
Severity Circumstances Submitted by Excavator/Operator:
Excavator: Yes Operator: Yes
Findings: Excavator damaged a distribution main with a horizontal boring machine. They had a valid request at
the time of the incident. They damaged the line attempting a second pass with the bore head underneath the
exposed facility.
Violation: IC 8-1-26-20(a)(2) Failure to maintain two (2) feet clearance with mechanized equipment.
fixhbit�Y —
? 7=tr3i
STATE �/ INDIANA
INDIANA UTILITY REGULATORY COMMISSION
101 WEST WASHINGTON STREET, SUITE 1500 EAST
www.in.gov/iurc
Office: (317) 232-2701
TNT)TANAPOT.Tci. TNDTANA 467(14-1419 Farcimilac (317)739-67.9R
Pipeline Safety Division Investigation Report
Investigation regarding: Vectren Energy Delivery
Case Number: 16813
Report Date: 9/1/2017 12:00 AM
Damage Date: 8/24/2017 12:00 AM
The Parties
Investigator: Aaron Holeman
Damage Address: 10235 Bent Creek Ct, Fishers
Excavator: R L M Underground
Address: 4902 W 57th Street Roeland Park, KS 66205
Facility Owner: Vectren Energy Delivery
Pipeline Facility
Facility Type: Natural Gas
Type of Equipment: Boring
Damage Impact
Product Release: Yes
Repair Cost (if known):
Facility Function: Service/Drop
Type of Work Performed: Cable TV
Excavator Activities/Cause of Damage Information:
Excavator Request Locates: Yes
Excavator Notify Operator:
Service Interruption: No -
Facility Depth (inches): 36.0000
Indiana 811 Ticket Number: 1708093627
Excavator Notify 811: Excavator Notify 911: Yes
Severity Circumstances Submitted by Excavator/Operator:
Excavator: No Operator: No
Findings: Excavator damaged a service line with a horizontal boring machine. They had a valid locate request at
the time of the incident. The operator failed to mark the line due to incorrect maps/records.
Violation: IC 8-1-26-18(h) Operator failed to locate or provided incorrect locate markings.
Exhibit
7,13 y
STATE?/ INDIANA
1?%M_1 \TA UT:I_rn REGULATORY COtL OSION
101 IATSr 1V"rINGT0.-N STREET, SUM 1500 FAST
I1tiTDiANAPOLIS, NDIANA 46204-34I9
Curtis T. Hill, Jr.
Indiana Attorney General
200 West Washington St.
Room 219
Indianapolis, IN 46204
Dear Attorney General Hill:
«js si
<�� �� tti'SYtt.3lt.gOt•,%1t3tL
Office. (311) 232-2701
Facsimile: (317) 232-6755
September 12, 2017
The Indiana Utility Regulatory Commission's Pipeline Safety Division today
completed investigations into twenty (20) recent damages to underground natural
gas lines in the City of Carmel and the City of Fishers involving six (6) different
companies. In addition, there was an incident in the City of Westfield on Friday,
September 8, 2017, involving one of the same companies, that was particularly
troubling. The companies excavate in the public right of way to install fiber optic
cables on behalf CMN-RUS, Inc., d/b/a MetroNet ("MetroNet"). MetroNet offers
broadband internet and other services to customers in Indiana.
As part of the investigation, the Pipeline Safety Division found five (5) of the six (6)
companies are foreign corporations, meaning they were formed or incorporated in a
state other than Indiana. Indiana law requires foreign corporations and limited
liability companies transacting business in Indiana to obtain a certificate of
authority from the Indiana Secretary of State.' However, in reviewing the Indiana
Secretary of State's website, it appears that none of these five companies have
obtained the required certificate of authority.
A foreign company's certificate of authority is important because it provides basic
company information to the public about the companies transacting business in
Indiana. The foreign company must also provide the location and address of the
company's in-state registered agent. The registered agent facilitates service of legal
process in court cases and regulatory proceedings.
This failure to comply with Indiana law makes the Pipeline Safety Division's
important public safety function more difficult. Specifically, the certificate of
authority allows the Pipeline Safety Division to ascertain the identity and address
'Ind. Code § 23-1-49-1(a); Ind. Code § 23-18-11-2(a).
Exhibit __2
1/
of the businesses that are excavating and causing pipeline damages in Indiana. The
Pipeline Safety Division often needs to find an officer, manager, or other agent or
employee authorized by the company and the law to receive and respond to
regulatory notices. In some case, penalties for damaging natural gas pipelines may
not be assessed because of the inability to locate the company.
A foreign business transacting business in Indiana without first obtaining a
certificate of authority is liable for a civil penalty of not more than ten thousand
dollars ($10,000).2 Because the Indiana Attorney General has the statutory
authority to enforce these penalties,3 I am respectfully referring the following
companies to your office for review:
• Crosier Lane Consulting, Inc. (Illinois business)
• International, Inc. (Michigan business)
• Nexgen Directional, LLC (Illinois business)
• RC Underground, LLC (Florida business)
• RLM Underground, LLC (Kansas business)
Please contact me if your office needs additional information about the companies or
this letter.
Sincerely,
7D.
(j James D. Atterholt
Chairman
Indiana Utility Regulatory Commission
cc: Beth E. Heline, General Counsel, Indiana Utility Regulatory Commission
Betsy Isenberg, Director, Consumer Protection Division, Office of the Indiana
Attorney General
Jeremy Brilliant, Director of Communications, Office of the Indiana Attorney
General
2 Ind. Code § 23-1-49-2(d); Ind. Code § 23-18-11-3(d)
3 Ind. Code § 23-1-49-2(d); Ind. Code § 23-18-11-3(d)
Exhibit
Common Ground Alliance Best Practice Recommendations
5.10 Locate Verification
Practice Statement: Prior to excavation, excavators verify that they are at the correct location,
verify locate markings and, to the best of their ability, check for unmarked facilities.
Practice Description: Upon arrival at the excavation site and prior to beginning the excavation,
an excavator does the following:
• Verifies that the dig site matches the one call request and is timely
• Verifies that all facilities have been marked and reviews color codes if in doubt
• Verifies all service feeds from buildings and homes
• Checks for any visible signs of underground facilities, such as pedestals, risers, meters, and
new trench lines
• Checks for any facilities that are not members of the one call center and contact someone to
get them located.
Use of a pre -excavation checklist is recommended by insurers and practiced by responsible
excavating contractors.
5.12 Work Site Review with Company Personnel
Practice Statement: Prior to starting work, the excavator reviews the location of underground
facilities with site personnel.
Practice Description: Sharing information and safety issues during an on-site meeting between
the excavator and the excavating crews helps avoid confusion and needless damage to
underground facilities.
5.13 One Call Reference at Site
Practice Statement: Except in case of an emergency, the excavator at each job site has
available a complete description of the dig site, a list of the facility owner members impacted at
that dig site as identified by the one call center, and the one call center ticket number.
Practice Description: The availability of locate request details on site is useful because
excavators can easily access information about the location and extent of work, the valid start
time, and the list of operators notified. The documentation also provides an excavator with
appropriate information for daily tailgate meetings for crews; provides quick references for
Exhibit
excavation equipment operators; and facilitates communications between the excavator and the
one call center with respect to that particular locate request, should it become necessary. When
multiple crews are working on the same project at separate locations or when different employers
have crews working at the same location, each crew has the information.
5.15 Facility Avoidance
Practice Statement: The excavator uses reasonable care to avoid damaging underground
facilities. The excavator plans the excavation so as to avoid damage or to minimize interference
with the underground facilities in or near the work area.
Practice Description: Foremost on any construction project is safety. Excavators using caution
around underground facilities significantly contribute to safe excavation of existing facilities.
5.17 Marking Preservation
Practice Statement: The excavator protects and preserves the staking, marking, or other
designation of underground facilities until no longer required for proper and safe excavation. The
excavator stops excavating and notifies the one call center for re -marks if any facility mark is
removed or is no longer visible.
Practice Description: During long, complex projects, the marks for underground facilities may
need to be in place far longer than the locating method is durable. Painting, staking, and other
marking techniques last only as long as the weather and other variables allow. When a mark is no
longer visible, but work continues around the facility, the excavator requests a re -mark to ensure
the protection of the facility.
5.18 Excavation Observer
Practice Statement: The excavator has an observer to assist the equipment operator when
operating excavation equipment around known underground facilities.
Practice Description: The excavator designates a worker (an observer) who watches the
excavation activity and warns the equipment operator while excavating around a utility to
prevent damaging that buried facility.
i
Exhibit
326f31
5.20 Excavation within Tolerance Zone
Practice Statement: When excavation is to take place within the specified tolerance zone, the
excavator exercises such reasonable care as may be necessary for the protection of any
underground facility in or near the excavation area. Methods to consider, based on certain
climate or geographical conditions, include hand digging when practical (pot holing), soft
digging, vacuum excavation methods, pneumatic hand tools, other mechanical methods with the
approval of the facility owner/operator, or other technical methods that may be developed. Hand
digging and non-invasive methods are not required for pavement removal.
Practice Description: Safe, prudent, non-invasive methods that require the excavator to
manually determine the actual location of a facility are considered "safe excavation practices" in
a majority of state/provincial laws (38 states). A majority of states outline safe excavation
practices to include hand digging or pot holing (16 states). Some states specifically allow for the
use of power excavating equipment for the removal of pavement. Each state/province must take
differing geologic conditions and weather related factors into consideration when recommending
types of excavation within the tolerance zone.
5.29 Trenchless Excavation
Practice Statement: All stakeholders comply with all best practices and the following general
guidelines prior to, during, and after any trenchless excavation (as applicable).
Practice Description:
• The excavator requests the location of underground facilities at the entrance pit, trenchless
excavation path, and the exit pit by notifying the facility owner/operator through the one call
center.
• The trenchless equipment operator performs a site inspection, walking the trenchless
excavation path prior to commencing work, and has a good understanding of the job.
• The trenchless excavation operator confirms and maintains the path and minimum
clearances established by the project owner and design engineer by tracking and recording
the path of the trenchless excavation until complete. Means of tracking trenchless
excavations include electronic locating/guidance devices, pipe lasers, water levels, visual
inspection, etc.
• When existing facilities are known to be present but cannot be potholed as a result of local
conditions, the facility owner and the excavator meet to discuss how to safely proceed with
the excavation.
• The excavator stops the trenchless excavation operations if an abnormal condition, unknown
substructure, or other hidden hazard is encountered. The excavator proceeds safely only
6xM1ibit
,3 6�34
after making positive identification. (Refer to Practice Statements 2-13 and 4-19 for
additional information.)
5.32 Vacuum Excavation
Practice Statement: Vacuum excavation, when used appropriately, is an efficient, safe, and
effective alternative to hand digging within the designated underground facility tolerance zone.
Use of equipment also follows state/provincial laws and/or local ordinances.
Practice Description: The safe exposure of underground facilities within the tolerance zone is
essential to damage prevention. Site conditions may make the use of hand tools to expose
underground facilities difficult or even impractical. Vacuum excavation is often an appropriate
alternative. Locates must be obtained prior to the commencement of work (see Practice
Statement 5-1). Many underground facility owners/operators have specific criteria for safe
excavation/exposure practices around their facilities. Some underground facility
owners/operators accept vacuum excavation as equivalent to hand excavation for exposing their
facilities, and others have restrictions on its use. Vacuum excavation is an appropriate method of
excavating safely around underground facilities provided that the equipment:
• has been specifically designed and built for this purpose;
• is operated by a worker trained and experienced in its operation;
• is operated in accordance with practices that provide appropriate levels of worker and public
safety and prevent damage to buried facilities; and
• is used in compliance with state/provincial laws and/or local ordinances
5.33 Facility Owner Provides a Monitor During Excavation
Practice Statement: If a facility owner/operator considers it necessary to be on site during
excavation activities to work with the excavator in protecting their existing facilities, the facility
owner/operator makes arrangements with the excavator to be present during those excavation
activities within the time specified by state/provincial law.
Practice Description: The facility owner/operator may determine it necessary to be on site
during excavation activities taking place near their facilities to help protect them. A facility
owner/operator has access to information and resources that may not be available to the
excavator. This practice should be considered in conjunction with Practice Statement 2-4: Utility
Coordination.
E 'bit
xbi
�1
3Y�3y
Underground Construction Safety Plan
Safety of MetroNet's associates, its contract workers and the communities it serves is priority #1. This document
focuses on safe excavation practices during underground network construction.
Safety Processes and Procedures.
❑ Pre-quali)� Contractors — Before signing a contract, MetroNet evaluates each construction firm's
qualifications. A contractor's safety practices, safety experience (including utility strike rates), safety
training, and commitment to safe practices area major part of MetroNet's pre -qualification evaluation. See
"Safety Information" and "Utility Strikes" section of MetroNet's Contractor Pre -Qualification Statement
included under Tab 1.
❑ New Contractor Orientation — MetroNet requires its underground contractors to conform to certain safety
standards and best practices. To communicate our expectations, MetroNet supplies the following materials
to each contractor (See Tab 2, the "Safety Materials").
Common Ground Alliance Best Practice Recommendations
State Excavator Manual'
Potholing Guidelines
Exposing Underground Utility Lines — Requirements and Best Practices
❑ Safety program — During the contractor pre -qualification process and every year thereafter, MetroNet
confirms that each contractor has a valid safety program in place. Although we don't mandate a specific
safety program for our contractors, we expect the practices described in the Safety Materials to be a part of
their programs. Furthermore, each safety program must require compliance with applicable law, including
the State 811 excavators manuals/handbooks, OSHA and NESC requirements.
Safety Training. MetroNet requires the following safety training:
❑ Contractor training — Before conducting excavation services for MetroNet, excavation contractors must
provide documentation to MetroNet that their crews are trained and qualified regarding safe digging practices
and understand the requirement of the state's 811 Call Before You Dig Laws. Training is expected to include
safe excavation techniques and when and how to request additional information from utility owners to
validate the location of underground facilities. Documentation may include verification of attendance at a
MetroNet sponsored or facilitated training session (e.g. training put on or approved by a professional or
accredited safety organization, gas or other utility), and/or documentation of completion of other similar
training. In Indiana, documentation may also include verification of attendance with a passing score at one
of the Underground Plant Protection Advisory Committee's ("UPPAC's) training classes and/or completion
of the IURC sponsored online excavation damage training at httns://www.safedigindiana.com/.
❑ New worker training — Each contractor is required to verify that all of their workers and any subcontractors
have met the above training standards prior to commencing underground construction activities including all
new workers joining existing excavation crews. Each contractor is expected to document such training and,
upon request produce such documentation for MetroNet's inspection.
' State excavator manuals will be provided upon request or can be found on line as follows: Indiana 811 Excavators Manual can be found at
http://indiana81Lor g; JULIE Excavator Handbook can be found at www.illinoislcall.com/; Iowa 811 One Call Excavators Manual may be found
at h=://www.iowaonecall.com/contractors/; Michigan 811 Best Practices may be found at httv:Hcall8l I.com/best-practices-p-uide; Tennessee
811 Damage Prevent Guide may be found at b=s7//www.tn.yov/assets/entities/tra/attachment&TN81 ICaIl8I lBkltf.pdf, and Kentucky 811
Excavator Manual can be found at https•//www.kentuckvgl I ore/wo content/uploads/2011/07/KY81I-Excavator-Manual-6 27 2010 pdf.
DExhibit
co�3
❑ Ongoing safety meetings — MetroNet contractors involved in underground excavation are required to have
weekly safety meetings. The meeting dates, times, topic(s) and attendance are required to be documented by
each contractor with such documentation available for inspection by MetroNet. In addition to the contractor's
standard safety training, subject matter from the Safety Materials should be included in the topics covered
during safety meetings as well as safety standards imposed by applicable law.
❑ Mandatory Annual Utility Training — Utility companies are an excellent resource for learning the latest and
best safety practices. When such resources are available, MetroNet will facilitate annual training with
mandatory contractor attendance. Such training will be free of charge to all contractors and their
subcontractors.
❑ MetroNet Construction Executives, Project Managers and Outside Plant Engineers — MetroNet's
construction executives, project managers and OSP engineers are required to attend safety training and are
expected to be familiar with the Safety Materials and safety standards imposed by applicable law. Safety
training may include attendance at a MetroNet sponsored or facilitated training session (e.g. training put on
or approved by a professional or accredited safety organization, gas or other utility ) and/or similar training.
Training may also include attendance (with a passing score) at one of UPPAC training classes and/or
completion of the IURC sponsored online excavation damage training at https://ww.safedigindiana.com/.
Safety Tracking and Monitoring. In order to identify trends, learn from mistakes and improve practices, MetroNet
tracks incidents involving safety concerns.
❑ Safety Committee - MetroNet has created a committee comprised of senior executives ("Safety Committee")
to meet on a quarterly basis to review MetroNet's continuing construction safety performance. The Safety
Committee will review all reported utility strikes, safety violations and discuss other relevant safety topics.
The Safety Committee may determine if (i) practices or procedures should be modified (e.g. temporary use
of hydro -excavation during periods of extremely dry and hard ground conditions), (ii) safety training or
oversight needs to be enhanced (e.g. mandatory safety refresher training), (iii) disciplinary action needs to be
taken, or (iv) other measures need to be instituted. The Safety Committee will also meet on an "as needed"
basis to review any major utility strikes or safety violations.
❑ Director of Safety and Quality Assurance (the "Director of Safety') - MetroNet has created a position for a
Safety Director to oversee all construction safety practices and procedures. The Safety Director will track,
monitor and adjust, as necessary, the safety practices of MetroNet and will coordinate with internal
construction personnel, contractors and MetroNet's executive team to ensure safe construction practices are
being utilized at all times. The Safety Director will also be primarily responsible for investigating, tracking
and reporting all major safety violations to the Safety Committee and making recommendations on improving
safety through the incorporation of new procedures and additional training.
❑ Utility Strike Reports - If a contractor causes damage involving hazardous circumstances, such as a rupture
gas line, MetroNet requires that the contractor call 911, then 811, and then immediately thereafter, MetroNet.
MetroNet requires MetroNet construction field personnel to prepare a utility strike report (see form included
under Tab 3 each time there is a major strike (e.g. a gas line is hit, an electric, water or communication
mainline cable is hit affecting several customers, or 911 is called). MetroNet requires contractors to prepare
a utility strike report for all other public utility line strikes and submit it to MetroNet within 48 hours of the
strike. In the event of a major strike, the utility strike report must be accompanied by pictures at pertinent
angles, measurements from locate marks, description of the operation being conducted, date/time the damage
occurred, on-site analysis of cause of the damage, and list of measures taken/not taken to prevent the incident.
Strike reports must be submitted to MNT-Claimsna metronetinc.com and will be tracked by MetroNet's
Director of Safety.
❑ Safety inspections and field audits - MetroNet's construction field personnel are trained to identify unsafe
practices and take appropriate action. MetroNet's field personnel routinely inspect contractor excavation
work sites. MetroNet is committed to ensuring that the ratio of such field personnel to excavation crews is
sufficient to ensure that inspections are frequent and effective. During onsite inspections, field personnel are
required to observe operations, including safety practices. MetroNet field personnel are given the authority
Ex%b t
263
to take action if unsafe practices are observed, which action may range from requiring additional training to
immediately stopping a crew's work. MetroNet's Director of Safety will also conduct impromptu field
audits. In addition, as noted above, when a major utility strike occurs, MetroNet field personnel must be
deployed to the site promptly to complete a comprehensive utility strike report and to take pictures and
measurements.
❑ Damage claims - MetroNet tracks claims for damages received from utility providers, notifies contractors of
such claims, and records contractors' responses. If merited due to the frequency, severity or root cause of
claims, contractor damage claim experience will be reported to the MetroNet's Director of Safety and Safety
Committee.
❑ Contractor Annual Statement - MetroNet contractors must confirm their commitment to safety and
compliance at the beginning of each calendar year. Failure to provide the statement may result in contractor
suspension until MetroNet receives the contractor's statement. See Contractor Annual Statement at Tab 4.
Improving Safety. MetroNet's management encourages all associates, regardless of position or tenure with the
organization, to speak up on safety matters and bring safety improvements or concerns to management's attention.
❑ Suggestion Box - A suggestion box has been posted Associates are encouraged to suggest ways to improve
safety. Suggestions may be sent MNT-Safety6a.metronetinc.com.
❑ Participation in Industry Groups - MetroNet will seek to learn from organizations and groups with the shared
goal of community, worker, and residential safety, damage prevention, and loss mitigation. An excellent
example of such a group is the Indiana Damage Prevention Council. As a member of such groups, MetroNet
will meet with underground facility owners, locators (e.g. USIC), operators, government agencies,
excavators, industry associations and service providers to help address issues related to the Council's and
MetroNet's mutual goal of improving safety, reducing damages, improving communications and supporting
positive initiatives with respect to excavation and related processes.
Safety Incentives and Penalties. To help ensure success of the programs, MetroNet uses carrots and sticks to
encourage good safety practices and to discourage poor ones. Safety incentives and penalties must be carefully
constructed to encourage safe practices without discouraging damage and strike reporting.
❑ Retainage - MetroNet retains a portion of amounts to be paid to contractors pending confirmation that a job
has been performed to MetroNet's satisfaction. Retained amounts will not be released if the contractor has
damaged property and such damage has not been resolved.
❑ Suspension and Termination - MetroNet will suspend work, terminate crews, and/or terminate a construction
contract if safety experience is not acceptable. Project managers and OSP engineers have the authority to
suspend a crew's work if unsafe practices are identified. Of course, members of the Safety Committee have
the authority to suspend work, terminate crews, and/or terminate construction contracts.
❑ Priority Contractors - When awarding contracts, contractors with exemplary safety records are given
priority.
Communication. MetroNet understands the importance of communicating across all audience types: residents,
impacted residents, home owner associations, city officials, business owners, local utilities, locators (e.g. USIC),
property owners, contractors and associates. Communications include press releases regarding the start of
construction, detailed letters to impacted residents in advance of construction, reminder postcards and yard markers
prior to construction, entrance and exit signs in neighborhoods during times of construction, frequent calls with
locators (e.g. USIC). Communications will be enhanced by directing audiences to MetroNet's construction website
found at h=s://construction.metronetinc.com/cct. MetroNet's construction website will also allow concerns and
issues to be directed to the appropriate MetroNet associates and will facilitate prompt responses to questions and
concerns.
Exhibit 3
�of -3
City of Carmel
www.carmet.in.gov
NEWS
RELEASE
Date:
January 25, 2018
Contact:
Nancy Heck (317) 571-2474
Release:
Immediate
One Civic Square, Carmel, IN 46032
City clears Metronet to work again
Carmel, IN - The City of Carmel and Metronet have reached an agreement to allow
Metronet to resume work in Carmel. Metronet has updated its safety practices, including
improved sub -contractor training. The updated safety plan follows the recommendations
put forth by the Indiana Utility Regulatory Commission.
The agreement provides that any breach of safety protocol may result in a stop work
order. Metronet has expressed strong commitment to working with the City of Carmel to
ensure the safety plan is followed. Before digging resumes in neighborhoods, Metronet will
be providing notice to residents affected 30 days prior to entering their property.
This action comes after the City and Metronet signed an agreement that affords local
residents assurances that proper steps will be taken to prevent problems and issues that
arose prior to the issuance of a stop work order last year.
Prior to the agreement, the Carmel City Council passed a new ordinance in
December that establishes new conditions for anyone wishing excavate in City right-of-
way. Much of those provisions were included in the Metronet agreement - including the
need for contractors to have participated in a "Gold Shovel Standard" or similar program of
training, Indiana 811 Online excavation training, new right-of-way permit fees of $50, the
Exlu'bit
_-----
1 �5(3
posting of cash bonds prior to a project's inception, proper notice to property owners and
adjacent property owners and the requirement of hand -digging or vacuum excavation
techniques for all underground utility locates.
made:
Under the Metronet memorandum of understanding, the following assurances were
Training - Metronet construction personnel assigned to supervise and monitor
work will complete the IURC Pipeline Safety Division training and shall require its
contractors to do the same.
Personnel - Metronet will have a Metronet employee available at each dig site who
can effectively communicate with property owners about the digging, construction and
restoration activities.
Complaints - Metronet will visit each property where an outstanding restoration
complaint has been made in order to resolve the situation.
Notification to property owners - Metronet will notify each property owner and
homeowners association (if one exists) at least 30 days prior to entering any property for
excavation.
Notification to 911- If any further underground facility hits occur, Metronet will
ensure that 911, 811, the underground utility and the City of Carmel Engineering
Department are notified.
Violation of the memorandum could result in a new stop work order and fines of up
to $S00 per breach of contract, in addition to reimbursement of costs incurred due to the
breach.
Exhibit
Any questions regarding Metronet planned projects in Carmel can be directed
to Keith Leonhardt at 812-213-1016
-30-
Exhibit r
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