MCI 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
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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~
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