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Home My WebLink AboutMCI WorldcomRpr I0 01 Carme10it~ Law Dept. 317-571-~484 p.2 , &'flrz c /go, .01 . ~:CABLE AGREEMI~NT APPROVED, AS TO · ~ "' FORM $Y:C,~ Comes now MCI WORLDCOM Network Sewice,s, lhc. CMCI WORLDCOM"), sizemore Telecom ("Sizemore")~ and th~ City of Cannel, Indiana, by and through its Board of Public Works and Safely ("City"), and agr~'~ as follW, vs: + I. WORLDCOM desix~s to install .c~rtain ~b~ optic oable in existing du~twork located under and in the City's fights-of-way, under and in City roads and other public thoroughfares and/or under and in that portion of the Mono~ T,m.'l ~("~[0n0n Tr~l") that runs from 96'h Street north to I46'h Street in Hamilton County, Indiana, ~o~repair~c~-t.a~m ~blo'ckages in such existing ductwork, to ;ns~lI certain new hand holes as are needed t~ main~ such cabl~ and to restart certain aboveground eabl~ on exi~tin~ utility pobs lo~a~ on and ~!~v~" ~i~.l~i~5(!~ cable, the locations o~al] proposed oi~kl~!caBle~, an~ ~e locafion~ oF all anchors, conduits, mant:.o hand holes, fi×tur¢~ and/or a~piianFes to be Constructed, installed, maintaine, ct, serviced, :alecared'- repaired or rernov,d by or fo~WOR !~Ol~I."~ part ot'th~:?roje~t (the "Cable Facilities"), are clearly ~. si~e,~o~. on behiiiOt~5~O~a, .~-, .~.~eaa ~dgh,-O,:W~y Permit f~o~, the ci,y CPermit # 131001 ") in order tO: p~r~n~the'~,6t'described4abov~.~'. S. As additional consid~ratiO~or the issuance of Permit #0131001, and in addition to the terms and conditions set forth on itself, WORLDCOM and Sizemore each agree, o. subcontractors, TI? ,. That the third officials, Officers, agents, contractors and to-wit: b~:.cons~mctcd, installed, serviced, relocated, CO~ to City and in a manner that will not ~ safe use, maintgaancc and/or repair of ;:the Cable Facilities are located, and in :.,~PrO, ject Plans, Permit #131001 and all If the Cable Facilities ' 'other than the City, the cost of such WORLDCOM and such ~o0~] "ID'I ~0:)(HHOa I3~ /,e~0 £0~: 0e~,~ O~:lTl 10/01/'~0 Rpr 10 01 1~:3~p Carme1Cit~ Lae Dep~- 317-57~-Z~B~ P-3 That all City rules and regulations will be strictly complied with dtmng any construction, installation, service, maintenance, replacement, repair and,,,~,r removal of the Cable Facilities, and, ~cept in a bona fide emergency, that all necessary p~-mits and approvals will be obtained from the City before any of such aeti,.,ns arc taken as regards the Cable Facilities. That. at all times during m~y construction, installation, service. repair> replacement, renewal and/or maintenance of the Cable Facilities, such watclu'nen and flagmoll as may be reasonably required by City for the safety and convenience of the public, as well as such barricades, signs and lights as are reasonably n~cessary to protect the public and to maintain regular traffic and/or pedestrian ~o~v on City roads and public thomttghfares and on the Menon Trail, shall bo provided by WORLDGeM and/or Sizemore at no expense to City. That all damages to drainage sln~ctures, roadbeds, pavement, sidewalks arid/or other appurtenances arising from the construction, installation, service, maintens. nee, replacement, removal and/or repair of the Cable Facilities shall bc paid and/or repaired at the sole expense of WORLDGeM and/or Sizemore. That no portion of the pavement of any City road or public thorou,.dafare. or of the Menon Trail. shall be cot or otherwise disturbed without the prior written cons,~rlt of City, which consent shall not be unreasonably withheld. and that ,pen completion of any work thereon, all distu.rbM portions of same shall be reg:~ac~:d :n as good a condition as they were at the time such work was commenced ~o C~ty'~ reasonable satisfaction. That. in the performance of this Agreement and the Project, WORLDCOM and/or Sizemore shall comply with that document entitled "State of Indiana, Indiana Department of Highways, covering the Use and Occupancy of Public Highway Rights-of-Way by Utilities 1989". as applicable, as well as with all other applicabk; federal, state and local laws and regulations, and that WORLDGeM an&'or Sizemore further agree to indonmify and hold harmless City, its employees. agents, officials, officers and contractors for and from any and all loss, damage, and/or liability resulting from any violation of such laws and/or regulations by WORLDCOM and/or Sizemore, or by their respective employees. agents, officials. officers, contractors or subcontractors. This indemm~catDn obligation shall survive the t~mination of this Agreement. That WORLDCOM and/or Sizemore shall procure and maintain in full fo,c~ ar, d effect during the tct'm of this Agreement, with an insurer licensed to do business i~ the State of indiana. such insurance as is necessary for the protection of the City: WORLDCOM and Sizemore from any and all claims or demm2d~ for darned_ca, expenses (including reasonable attorney fees). or other, vise under any workers' compensation, occupational disease and/or unemployment compensation lawn for 2 eoo~ qD'l l{0a(Iq~10~ /.~go COg 0g9t], Ig:rt to/ot/ro Hpr 10 O1 12~34p Ca,mol Cit~ Law Dept. 317-571-~484 any bodily injuries including, but not limited to, personal injury. sickness, diseast or the death of or to their respective agents, employees, officials, officers, contractors and sub~ontnvtors, as well as from any injury m or destruction of property, including, but not limited to, loss of use resulting therefrom, ~md any and- all chrnages, injuries, sickness, disease, death or other claims, demands, suits, costs and expenscs (including reasonable attorney fees) of any nature or kind that misc from or in connection with any worR performed and/or actions taken or nol taken by WORLDCOM and/or Sizemore and/or their r~:spective employe~s, agenLi, officcrs, officials, contractor~ or subcontractors, or otherwise, in, on or regarding the Project and/or in the pe~ormancc of, pursuant to, in furtherance of. or othcnvisc, under this Agreemoot, excel to the extent such liabilities: claims, demands and/or expenses arise out of the negligence of City or its agents. These indcmniflcation obligations shall survive the ten'nination of this Agreement. That WORLDCOM and/or Size, more shall, at their solc cost and expense, and within sixty (60) days of the City's writt~ri request to do so, bury any and all cable placed on existing utility pole(s) locatcd within the City if and whcn the other lines on such exisling pole(s) go undcrgroand, and shall indemnify and hold harmless the City, and its officers, officials, agents, employees and contractors for and ~'om any claims, demands;suits, cost.~ and expenses that arise out of or are incurr,'~d as a result of the installation, removal and/or burial of such cable. This indemni~cadc~a obligation shall:survive the termination of this Agreement. That WORLDCOM and/or Sizemore understand that the City, does not own a fee ' simple interest in Signi~canl portions of the Morton Trail, owns an easement interest Only or no property interest at all in some segrn~ats of the Monon Trail. that the ownership of portions of the Monon Trail is cm~rently in litigation, and that the City camtot and does not pwvide WORLDCOM and/or Sizemore with any easements, consents, permits and/or rights of entry needed to perform the Project and to construct install, repair, service, mainhalo, remove and/or replace the Utility Facilities on m~y portions of the Morton Trail which the City does not wholly own and on all oth~T real pwperty lo~ted outside of the City's limits and/or Jurisd~etion. That neither WOR. LDCOM nor Sizemore shall amend, modify or otherwise materially change the Project Plans without the prior written consent of the Cry, which consent shalL n~t be un~son~ly withheld. That, in the cvent WORLDCOM and/or S~z~morc require a City right-of-way pavement cut in ordcr to install the Cable Facilities referenced herein, a separate written approval from the City shall be obtained prior to the commencement of such work. That WOR. LDCOM, Sizemore and City will, in good faith, cooperate and coordinate the performance of the Project work so as to minimize the duplication of excavations, pavement cuts, traffic impediments and construction noise, dust and disruption, wkile at the same time not unreasonably delaying the Project. ;echo I~0;~ 0£9~1, ta:rI to/ot/ro Rpr 10 O1 12:35p Ca~mel i~:,t~t~ :Lam Dep*r,, l l. This Agreement fl~.ll b~C0me effective on and after the date it is last executed by a party hereto and may be terminated or modlfied only by a written document signed by all parties hereto. or their successors in interest. MCI/"WO:KLDCOM BY: Date: SIZEMORE Date: CITY OF CAR/v/EL, iNDIANA By and through its Board of Public Works and Safety ': (Printed Name and Titlr ~-'~ ! , Date: ,~:'~, . ~ ~ .... ? , , q/Io/::2c~I , · ,~,, 2'~/g_d~ er Da~>X/6+ - .- TELECOM (Printed Name and Titii~:~: Billy 'Walker, Member Date: 9oo~ "I9"l ~00~[~0M I~H t~t~O £0~ 0C9,~, eg:~I IO,'OI/tO