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Home My WebLink AboutAT&T/ENG/$6,000/Preliminary Engineering Agreement - 20-ENG-01 Smoky Row Rd - Utility ROW; 2020 Road Bond DocuSign Envelope ID: 1A477E69-9680-4394-675E-DFCE2E5C2E9B PRELIMINARY ENGINEERING AGREEMENT APPROVED By Jon Obenander at 11 03 am,May 18,2021 Agreement Amount: $6,000.00 Agreement Type: Preliminary Engineering Agreement Work Description: Preliminary engineering work Little Cool Creek Box Culvert Replacement. County: Hamilton County This Agreement made and entered into this day of , 2021, by and between AT&T, Corp. Attention: Right of Way Management 3450 Riverwood Parkway SE Atlanta, GA. 30339 (hereinafter referred to as AT&T,) and City of Carmel 1 Civic Square Cannel, Indiana 46032 Attn: Jeremy Kashman (hereinafter referred to as the City), together referred to as the Parties. WITNESSETH: WHEREAS, the proposed construction of a bridge to replace the Little Cool Creek Box Culvert (the "Project") may impact AT&T facilities along the Sheridan-Indianapolis FTA fiber cable route in Cannel, Indiana (the "Facilities"); and WHEREAS, prior to granting approval to the City to proceed with the Project, AT&T must ascertain that the Facilities are adequately protected; and WHEREAS, the City has determined that AT&T is eligible for reimbursement if any additional protection for the Facilities such as relocating or other forms of protection is required; and WHEREAS, it is in the best interest of AT&T and the City for AT&T to make the necessary preliminary investigations, plans, specifications, and estimates based on the City's plans for the Project to determine if additional protection for the Facilities is necessary using AT&T's regular engineering forces or by an approved engineering consultant. NOW THERFORE, in consideration of the promises and the mutual agreements and covenants herein contained (the adequacy of which considerations as to each of the parties to this agreement is hereby mutually acknowledged), and other good and valuable consideration, the receipt of which is hereby acknowledged and intending to be legally bound, the parties hereby covenant and agree as follows: SECTION 1 - DESCRIPTION OF WORK AT&T with its regular engineering staff personnel at its standard schedule of salaries, wages and working hours or by an approved Engineering Consultant, will complete the necessary survey, preliminary investigations, and engineering to develop a Detailed Cost Statement and the right of way DocuSign Envelope ID: 1A477E69-9680-4394-B75E-DFCE2E5C2E9B and/or contract documents for the adjustments, removals, alterations, and/or relocations of the Facilities (the "Work"). AT&T may elect to use an approved contractor to perform all or part of the exploratory excavation as is required to determine alignment and elevation of existing facilities. AT&T has authority under this Agreement to perform or have performed engineering work involving the investigation of present facilities, conferring with City personnel and duly authorized personnel of engineering organizations or contractors doing work for the City, determining alternate schemes for proposed relocation of facilities and making "rough" design, and "rough" estimates for comparative purposes. SECTION 2 - WORK COMMENCEMENT AT&T, or its selected consultants and/or contractors, shall not start the Work until written authorization has been given to AT&T by the City. SECTION 3 - PAYMENT Within thirty-five (35) days of the execution of this Agreement the City shall pay AT&T a deposit of Six Thousand Dollars ($6,000.00) for the Work as set forth in Section 1. If additional cable protection is required, the $6,000.00 paid by the City under this Agreement will be applied to the overall cost of the project. SECTION 4 - RECORDS The accounts and records of AT&T and any consultant and/or contractor involved in carrying out the proposed preliminary engineering work shall he kept in such manner that they may be readily audited and actual cost determined, and such accounts shall be available for audit by auditors of the City for a period of not less than three(3)years from the date final payment has been received by AT&T. In the event of a dispute with regard to the allowable expenses or any other issue under this Agreement, AT&T shall thereafter continue to maintain the accounts and records until that dispute has been finally decided and the time for all available challenges or appeals of that decision has expired. SECTION 5 - NON-DISCRIMINATION Pursuant to I.C. 22-9-1-10, AT&T 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 hire,tenure, terms,conditions or privileges of employment or any mater directly or indirectly related to employment,because of race, color,religion, sex, disability,national origin Or ancestry. Breach of this covenant may be regarded as a material breach of this Agreement. SECTION 6 - GENERAL LIABILITY PROVISIONS AT&T for itself,its employees, agents and representatives,shall indemnify, protect and hold harmless the City from and against any and all legal liabilities and other expenses,claims, cost,losses, suits or judgements for damages,or injuries to or death or persons or damage tour destruction of property (hereafter "Claim"), arising out of intentional toi-tious acts or whether due in whole or in part to the negligent acts of omissions of AT&T, its employees or Consultant and/or Contractor,in relation to or in connection with any work performed or to be performed pursuant to this Agreement,provided however, that where the City has been found liable by a court,tribunal or governing body entitled to make such a determination for intentional tortious acts and/or negligence with respect to the occurrence or occurrences giving rise to the Claim, AT&T shall have no duty to indemnify,protect,or hold harmless the City. DocuSign Envelope ID: 1A477E69-9680-4394-B75E-DFCE2E5C2E9B Notwithstanding the preceding provisions of this Section, if applicable to AT&T, I.C. 34-13-3 will be controlling. SECTION 7 - PENALTIES/INTEREST/ATTORNEY'S FEES The City will in good faith perform, its required obligations hereunder and does not agree to pay any penalties, liquidated damages, interest, and/or attorney's fees, except as required by Indiana law. SECTION 8 - COMPLIANCE WITH LAWS; APPLICABLE LAW AT&T agrees to comply with all federal, state, and local laws, rules, regulations, or ordinances that are applicable at the time AT&T's services pursuant to this Agreement are rendered, and all provisions required thereby to be included herein are hereby incorporated by reference. This Agreement shall be construed in accordance with and governed by the laws of the State of Indiana and suit, if any, must be brought in the State of Indiana. SECTION 9 - BINDING UPON SUCCESSORS OR ASSIGNS This agreement shall be binding upon the parties and their successors and assigns. SECTION :1.0 - FUNDING CANCELLATION When the City makes a written determination that funds are not appropriated or otherwise unavailable to support continuation of performance of an agreement, the agreement shall be cancelled. A determination by the City that funds are not appropriated or otherwise available to support. continuation of performance shall be final and conclusive. SECTION 11 - NON-COLLUSION AND ACCEPTANCE The undersigned attests, subject to the penalties for perjury, that he/she is the contracting party, or that he/she is the representative, agent, member or officer of the contracting party, that he/she has not, nor has any other member, employee, representative, agent or officer of the firm, company, corporation or partnership represented by him/her, directly or indirectly, to the best of his/her knowledge, entered into or offered to enter into any combination, collusion or agreement to receive or pay, and that he/she has not received or paid, any sum of money or other consideration for the execution of this agreement other than that which appears upon the face of the agreement. [signature page follows] DocuSign Envelope ID: 1A477E69-9680-4394-675E-DFCE2E5C2E9B IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as follows: CITY OF CARMEL, INDIANA AT&T CORP. by and through its Board of Public Works and Safety By: By: (713,417ocuSigned by: LAAA 54/kAta1- gut,04.0 LY(LbbFdllaDoe, James Brainard, Presiding Officer Authorized Signature Date: 6/2/2021 ;DocuSigned by: c-5( 144-41— iZtp-PJCIA Ittan hot, btAt, Printed Name drikirifturke, Member 2 6/2/201 Date: I & rOU55 Glikkkjivi GDocuSigned by: Title vi %how LarT.Vason, Member FID/TIN: 3 q-9 Z I 0 Date: 6/2/2021 Last Four of SSN if Sole Proprietor: ATTEST: t—DocuSigned by: Date: 5 IZo 24 (A.M.Cro ...'cu61f3W0A9844C5. lfg.-ing' Clerk Date: 67'2/2021 DocuSign Envelope ID: 1A477E69-9680-4394-B75E-DFCE2E5C2E9B A 4 1 INDIANA RETAIL TAX EXEMPT Page 1 of 1 (..?. - of (4 rme10ERTIFICATE NO.003120155 002 0 PURCHASE ORDER NUMBER FEDERAL EXCISE TAX EXEMPT 105242 ONE CIVIC SQUARE , 1 35-6000972 THIS NUMBER MUST APPEAR ON INVOICES,AR CARMEL, INDIANA 46032-2584 VOUCHER,DELIVERY MEMO,PACKING SLIPS, SHIPPING LABELS AND ANY CORRESPONDENCE FORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL- 1997 PURCHASE ORDER DATE DATE REQUIRED REQUISITION NO VENDOR NO. DESCRIPTION 5/17/2021 372392 20-ENG-01 Smoky Row Rd-Utility ROW AT&T City Engineering's Office 1VENDOR 3450 RIVERWOOD PKWY SE SHIP 1 Civic Square ROOM#162-014 TOCarmel, IN 46032- ATLANTA, GA 30339 - Laurie Slick PURCHASE ID BLANKET CONTRACT PAYMENT TERMS FREIGHT 1 56321 QUANTITY UNIT OF MEASURE 1 DESCRIPTION UNIT PRICE f EXTENSION 1 Department: 2200 Fund: 0 2020 Road Bond Account: 44-628.71 1 Each 20-ENG-01 Smoky Row Rd-Utility ROW $6,000.00 $6,000.00 Sub Total $6,000.00 li \ _ \if 1 / Send Invoice To: Jill Newport , CrossRoad Engineers, P.C. 3417 Sherman Drive Beech Grove, IN 46107 jnewport@crossroadengineers.com PLEASE INVOICE IN DUPLICATE DEPARTMENT ACCOUNT 1 PROJECT j PROJECT ACCOUNT 1 AMOUNT PAYMENT $6,000.00 SHIPPING INSTRUCTIONS 'AIIP VOUCHER CANNOT BE APPROVED FOR PAYMENT UNLESS THE P 0 NUMBER VS MADE A PART OF THE VOUCHER AND EVERY INVOICE AND VOUCHER HAS THE PROPER SWORN 'SHIP PREPAID AFFIDAVIT ATTACHED I HEREBY CERTIFY THAT THERE IS AN UNOBLIGATED BALANCE IN 'CO D SHIPMENT CANNOT BE ACCEPTED THIS APPROPRIATION SUFFICIENT TO PAY FOR THE ABOVE ORDER. 'PURCHASE ORDER NUMBER MUST APPEAR ON ALL SHIPPING LABE *THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99,ACTS 194 AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO ORDERED BY Jeremy Kashman James Crider TITLE Director Director of Administration CONTROL NO. 105242 CONTROLLER