Utility Reimbursem't/AT&T/Engr
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APPROVED AS TO FORM BY ~
\::JTYjCOTJNTY UTJLTTY REIMBURSEMENT AGR.EEMENT
Agreement AmOlmt
It ~/10. 15'1
,
Des No,
9785910
Agreement Type: Stand~rd
. Project No, STP - B886 (007)__
Work Description: Fiber Optic Relocation along the Monon Rail Corridor in Carmel, Indiana
from 106'h Street to 126'h Street. -
Road: 116'h Street From College Ave, to Range Line Road in The Citv of Carmel, In,
County: Hamilton County, Indiana
THIS AGREEMENT, made and entered into this
day of
fQ.lVllN''1' AK'"
T"~"o~" 2006 , by ~
and between
AT&T Corp,
(hereinafter referred to as the "Utility"), and
the City of Carmel
, Indiana, acting by and through its appropriate elected
official, (hereinafter referred to as the "Local Public Agency"),
WITNESSETH:
WHEREAS, the Local Public Agency desires to improve and/or maintain the condition
of the above referenced road and has determined that the construction designated by the above
project number (hereinafter referred to as the "project") is necessary for the improvement and/or
maintenance of the roadway; .
/
WHEREAS, the State of Indiana, through the Indiana Department of Transportation,
(hereinafter referred to as "State") has agreed to recommend approval of this project to the
Federal Highway Administration for construction with funds apportioned to the State under Title
23, United States Code and Acts amendatory thereof and supplementary thereto;
'WHEREAS, the State will advertise for bids for construction of the project, award the
contract, supervise the construction of the project and act as liaison agent for the Local Public
Agency with the Federal Highway Administration;
WHEREAS, the project will require certain adjustments, removals, alterations and/or
relocations of the existing facilities of the Utility will have to be made as shown on the plan
marked Exhibit "A", & attached hereto and incorporated by reference;
WHEREAS" it is necessary for the pat1ies hereto to comply with the applicable terms and
provisions of the Federal-Aid Policy Guide (hereinafter called the Policy Guide), dated
December 9, ] 991, ~J1d 23 CFR 645 Subpart A, incorporated by reference, in order to receive
Page 1 of l) ,
reimbursement for the costs of the adjustments, removals, alterations and/or relocations of the
existing facilities of the Utility;
WHEREAS, it is in the best interests of the Utility and the Local Public Agency, for the
Utility to make the necessary adjustments, removals, alterations and/or relocations of its existing
facilities as shown OP. Exhibit "A" with the Utility's regular constructiop. and maintenance forces,
or by a contractor paid under a contract let by the Utility.
NOW, THEREFORE, IN CONSIDERATION OF THE PREMISES AND THE
MUTUAL AGREEMENTS AND COVENANT HEREIN CONTAINED (THE
ADEQUACY OF WHICH CONSIDERATIONS AS TO EACH OF THE
PARTIES TO THIS AGREEMENT IS HEREBY MUTUALL Y
ACK1"\!OWLEDGED), AND OTHER GOOD AND VALUABLE
CONSIDERATIONS, THE RECEIPT OF WHICH IS HEREBY
ACKNOWL.EDGED AND INTENDING TO BE LEGALLY BOUND, THE
PARTIES HEREBY COVENANT AND AGREE AS FOLLOWS:
SECTION I - DESCRIPTION OF WORK AND ITEMIZED COST ESTIMATE
The Utility shall make the necessary adjustments, removals, alterations and/or relocations
to its existing facilities in the following manner: [Circle (1) and/or (2)]
(I) With its regular construction or maintenance crew and personnel at its standard
schedule of wages and working hours.
@BY an approved contractor as set forth in 23 CFR 645.109, 645.111 and/or 645.115.
The preliminary itemized cost estimate for this project is set forth in attached Exhibit
"8", incorporated by reference, and prepared in accordance with 23 CFR 645.113.
Exhibit "B" shall include an itemized estimate of all anticipated costs, including but not
limited to, materials, labor, equipment costs, preliminary and construction engineering costs,
administrative costs, eligible property costs, and or contracted services. Each item shall be shown
as a 'per unit' cost. Professional services cannot be listed as a percentage of the total cost.
SECTION II - WORK COMMENCEMENT
The Utility shall not start work on the adjustments, removals, alterations and/or
relocations covered by this agreement until written authorization has been given the Utility by
the Local Public Agency or until a satisfactory starting date has been established with the Local
Public Agency's project coordinator.
SECTION 1II - SUBORDINATION OF RIGI-ITS
The existing facilities (are) (are not) located on public right-of-way. If such facilities are
located on property, other than public right-of-way, and the Utility either has an easement
thereon or a continuing right to maintain the facilities in that location, the Utility, for and in
Page 2 0[9
consicleration of this agreement, shall subordinate t!1e Utility's rights to those of the Local Public
Agency in the highway right-of-way prior to final payment by executing 2.n individual
subordination agreement.
SECTlON IV - MATERIAL ALTERATIONS DUE TO CHANGED AND UNFORESEEN
CIRCUMSTANCES
The Utility shall modify its facilities in accordance with the plans, specifications, and
estimates shown in Exhibits "A" and "B". No work shall be performed by the Utility beyond the
scope contemplated by Exhibits "A" and "B" without prior written authorization by the Local
Public Agency.
In the event there are changes in the scope of work, extra work, or major change in the
planned work covered by the approved agreement, plans, and estimate the Utility shall inform
the Local Public Agency as soon as practical upon discovery. The Utility shall also notify the
Local Public Agency of any material alterations due to unforeseen circumstances as soon as
practical upon discovery. Such notification shall consist of a letter, telephone call, or other
electronic communication confirmed by letter to the address of the Local Public Agency listed on
Page 1 of this agreement.
Notification shall include sufficient information to indicate the nature of the changed or
unforeseen Circumstances, the location of the changed or unforeseen circumstances, and the
impact of the changed or unforeseen circumstances upon the Utility's relocation efforts, cost of
the relocation, the time necessary to complete the relocation, and the extent of relocation.
SECTION V - STANDARD PAYMENT METHOD/PROGRESS BILLING
The Utility may, once the Utility has accumulated $1,000.00 of expenses, submit one
request for payment per calendar month for work covered by this agreement. The utility shall
attach an itemization of costs incurred with each request for payment. This itemization of costs
shall appear in the same form and manner as the preliminary estimate as shown on Exhibit "B".
The Local Public Agency will reimburse the utility for any item of worth or expense involved if
performed at the written direction of the Local Public Agency. The Utility will be reimbursed for
its actual costs of the work described in Exhibit "A" upon presentation of itemized bills to the
Local Public Agency from the Utility.
Progress payments made by the Local Public Agency to the Utility shall not exceed
ninety-seven percent (97%) of the estimated cost of the completed work. Reimbursement for
progress billings shall be paid within sixty (60) days ofreceipt.
Partial payment shall not abrogate the Local Public Agency's or the State's right to
dispute in good faith the Utility's claim for compensation. Such good faith disputes shall be
resolved upon presentation of the Utility's final request for payment and the resolution of any
audit performed in accordance with Section IX of this agreement.
Page 3 of9
SECTION VI - LUMP SUM PAYMENT METHOD
The Utility may elect to petition the Local Public Agency for payment of its expenses by
Lump Sum. Such petition shall include Exhibits "A" and "B" along with a detailed explanation
requesting payment by lump sum and showing how all individuals will be best served by this
payment method.
The Local Public Agency may make p'ayment to the utility by-lump sum if the total cost
for the adjustments, removals, alterations, and/or relocations do not exceed $25,000.00. Lump
sum payments in excess of $25,000 will be made only if in the best interests of the public in
accordance with 23 CFR 645.] 13(f) and approved by the Federal Highway Administration.
If a lump sum payment is approved, the Utility shall submit one request for payment no
later than ninety (90) days after the work is completed. No amount in excess of the agreed
amount in Exhibit "B" shall be reimbursed.
SECTION VII - FINAL BILL
The Utility shall present its final itemized bill accompanied by an itemized cumulative
invoice within ninety (90) days of completion of its work. All documents required to substantiate
any claims for payment shall be submitted with this final itemized bill. Such supporting
documentation shall include, but shall not be limited to, copies of material invoices, time sheets,
vendor and/or contractor invoices and other such documents as may be deemed by the State to
support such invoice.
Upon rcceipt ofa final bill, thc Utility shall be reimburscd for such items of projcct work,
expense and retainage within ninety (90) days after the resolution and issuance of any audit
performed in accordance with Section IX.
,
SECTION VIII - RECORDS
The Utility accounts and the accounts and records of any contractor or subcontractor
involved in carrying out the proposed work shall be kept in such manner that they may be readily
audited and actual costs determined, and such accounts shall be available for audit by auditors of
the State, the Federal Highway Administration, and/or the Local Public Agency for a period of
not less than three (3) years from the date final payment has been received by the Utility in
accordance with 23 CFR 645.117.
Upon completion of the Utility's work, the Indiana Department of Transportation's
Division of Accounting and Control may audit the Utility's records to determine the cost of
rclocation. Such audit shall be in accordancc with generally accepted auditing standards and the
appropriate cost principles as set forth in 48 CFR Part 31.
If the audit resolution shows that the Utility has been overpaid, the Local Public Agency
shall bill the Utility for such overpayment and provide supporting documentation. The Utility
Page 4 of9
shall pay the Local Public Agency within thirty-five (35) days after receipt of such bill ~nd the
Local Public Agency shall remit the Federal share to the State.
SECTION IX - DlSCRIMINATION
Pursuant to IC 22-9-1-10, the Utility, its Contractor and subcontractors, if any, shall not
discriminate against any employee or applicant for employment, to be employe'd in the
performance of this contract, with respect to hire, tenure, terms, conditions or privileges of
employment or any matter 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 contract.
The Utility shall comply with the Regulations relative to Nondiscrimination in federally-
assisted programs of the Department of Transportation Title 49, code of Federal Regulations,
Part 21, as they may be amended from time to time, incorporated by reference.
SECTION X - GENERAL LIABILITY PROVISIONS
The Utility for itself, its employees, agents and representatives, shall indemnify, protect
and save harmless the Indiana Department of Transportation, the State of Indiana, and the Local
Public Agency from and against any and all legal liabilities and other expenses, claims, costs,
losses, suits or judgments for damages, or injuries to or death of persons or damage to or
destruction of property (hereafter "claim"), arising out of intentional tortious acts or whether due
in whole or in part to the negligent acts or omissions of the Utility, its employees or agents or
contractors, in relation to or in connection with any work performed or to be performed pursuant
to this agreemcnt,providcd however, that where said Department of Transportation and/or the
Local Public Agency 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, the Utility shall have no duty to indemnify,
protect, or save harmless either the Department of Transportation, the State, or the Local Public
Agency.
SECTION XI - INCORPORATION OF THE UTILITY POLICY GUIDE
The Policy Guide forms an essential part of this agreement, and the terms or provisions of
this agreement in no way abrogate or supersede the terms or provisions set forth in said Policy
Guide.
SECTION XII - PENALTIESIINTEREST/ATTORNEY'S FEES
The Local Public Agency 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, in part, IC 5-1 7-5-1 elseq.
Page 5 01'9
SECTION XIII - GOVERNJNG I"A WS
This contract shall be constmed in accordance with and governed by the laws of the State
ofIndiana and suit, ifany, must be brought in thc State ofIndiana.
SECTION XIV - BINDING UPON SUCCESSORS OR ASSIGNS
This agreement shall be binding upon the parties and their successors and assigns.
SECTION XV - NON-COLLUSION AFFIDAVIT
The Utility shall execute a Non-Collusion Affidavit, notarized with a seal, which is
attached hereto and incorporated by reference. If the Utility is a governmental entity, the
execution of a Non-Collusion affidavit shall not be required.
SECTION XVI - MAINTAINING A DRUG-FREE WORKPLACE
(A) The Utility and its subcontractors, if any, covenant and agree to make a good faith
effort to provide and maintain during the term of this agreement a drug-free workplace, and that
written notice will be given to the contracting Local Public Agency and the Indiana Department
of Administration within ten (IO) days after receiving actual notice that an employee of the
Utility has been convicted of a criminal dmg violation occurring in the Utility's workplace.
(B) In addition to the provisions of paragraph (A) above, if the total contract amount set
forth in this agreement is in excess of $25,000.00, the Utility and its subcontractors, jf any,
hereby further agree that this agreement is expressly subject to the tcrms, conditions and
reprcsentations contained in the Dmg-Free Workplace certification executed by the Utility in
conjunction with this agreement and which is appended as an attachment hereto.
(C) It is further expressly agreed that the failure of the Utility and its subcontractors, if
any, to in good faith comply with the terms of paragraph (A) above, or falsifying or otherwise
violating the terms of the certification referenced in paragraph (B) above, shall constitute a
material breach of this agreement, and shall entitle the State and the Local Public Agency to
impose sanctions against the Utility and its subcontractors, if any, including, but not limited to,
suspension of contract payments, termination of this agreement and/or debarment of the Utility
and its subcontractors, if any, from doing business with the State and the Local Public Agency
for up to three (3) years.
SECTION XVII - MISCELLANEOUS
On or about March 21, 1996, the Utility and the Local Public Agency entered into an
Agreement (the "1996 Agreement") under the terms of which the Utility agreed to waive its right
to purchase the Monon Railway from CSX Transportation, Inc. between 96th Street and 146th
Street in Hamilton County, Indiana in return for the Local Public Agency's agreement to, among
other things, reimburse the Utility for the costs incurred by the Utility due to any removal,
Page 6 of9
c.hange, alteration, adjustment, or reloc.ation of the Utility's fiber optic. c.ables bec.ause of the
Loc.al Public. Agenc.y's needs, plans, or requirements. The Utility and the Local Public Azency
agree that, unless otherwise agreed in writing, this agreement shall not alter or modify the parties'
respective rights and obligations pursuant to the 1996 Agreement.
Page 7 of9
IN 'WlTNli:SS HEREOF, the p~rties hereto sepnrntely nnd sever~!ly h~ve cnmcd this instrllment to
be executed in their respective nnmes by nnd through their dulv nuthorized olTicers. ............
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(Assistant Secretary's Name, Printed or
Typed)
THE UTJLJTY:
ATTEST:
_AT&T Corp
(Utility Name)
Deborc..-h
_ RJ Poyner
(Authorized Manager's Name, Printed or Typed)
_Group Manager
( Authorized Manager's Position)
State of
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ACKNOWLEDGEMENT
County of~.2 f'l (~
SS:
Before me, the undersigned Notary Public in and for said County and State, personally appeared
R.j ?Oe G'RDU-p rrwn4.~
(Names and flces of signers of Utility) 36D) C.obb P k UJ'f
ft - - t g1.QcwJ-CL1 ~ SJ30]
IT I ,Orz.p,
(Name of Utility)
and acknowledged the execution of the foregoing contract on this I~.j.hday of J (V(UL&..... ,
20 Olp Witness my hand and seal the said Last day.
My Commission Expires Y -;1,?-6Q
(Signature)
AtJT
(Printed or Typed) (Notary Public)
Page 8 of9
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FOR:
c"-h.t of C ~
(Name of Local Public Agency)
BY: C iJ'f 1"Ce./-m.. /
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/ TI9Y'f /}>.5 )3fl1/1t,)lIf! Il'/t:/M"
(Typed or Printed Name) / I '
Pla.;f}J\f5Jl
mAt!! A-AlAJ B v~kp
(Typed 0 PrInted Name)
ATTEST, . ~
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0~drd M J o Jvr1S6n
(Typed or Printed Name)
L-O Sf/'~t;-r - vV\~
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(Typed or Printed ame)
ACKNOWLEDGEMENT
State ofIndiana, County of +j ~/Y1I'jft>n SS:
Before me, the undersigned Notary Public in and for said County and State, personally appeared
Ml:>f-tff.J~st2Ya;..<u;' 13o;ud IYLembu'i.j 14~~(") &db, wi Wc.&r
and acknowledged the execution of the foregoing contract on this lsr day of ~ ~ '
20 0<0 . Witness my hand and seal the said Last day.
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Page 9 of9
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EXHIBiT" A"
SCOPE OF WORK
SHERJDAN-INDlANAPDLlS FT 'A'
MONON RAILS TO TRAILS
REROUTE _136th STREET TO 106lh STREET
LOCATION:
The work is located on the Monon Rails to Trails in Clay Township, the Village of Carmel, and
Hamilton County, in the State of Indiana. The work is in Sec.l, T17N, R3E, Sec. 18, and 36,
T18N, R3E, and involves the following cross streets: 4th St. NW, 1st St. NW, W. Main, 1st St.
SW, 3'd St. SW, 126th St., Gradle Dr., Carmel Dr., 116lh St., 111 th St., and 106th St. The Village
of Cannel is building an overpass over Carmel Dr. and an lmderpass at 116th St. on the bike path
and the AT&T fiber will need to be relocated from the splice south of 136th St to the splice north
of 106lh St.
THE WORK:
The work will consist of directional boring approximately 9,850 feet along the east side of the
Monon Trail from the junction splice north of Gradle Drive to the new splice location south of
106lh Street, and pulling back a 4-inch orang~ HOPE SDR 11 pipe. Also, there will be
approximately 6,400 fcet of trenching and placing a 4-inch HDPE SDR 11 pipc on the west side
of the trail. Within the HDPE SDR 11 pipe, AT&T will construct and own two 1 y., irmerducts-
one of the innerducts will contain the new fiber optic cable and one will be used as a spare. There
will be two jack and push bores for a total distance of 50 feet that will cross the bike trail at the
north end of the job and one at the south end. Five hand holes will be placed at the designated
locations noted on the drawings and approved by the project cngineer. Three 4'x4'x4' split
manholes will be placed at the splice locations. After the innerducts are connected and proofed,
the fiber will be placed in the designated innerduct and slack coils will be placed where
designated. All work areas will be eleaned up and restored to "as good as, or better than" its
original condition.
THE WORK WILL CONSIST OF THE FOLLOWING:
I. Furnish and install 4-inch orange HDPE SDR 11 via directional bore for a distance of
approximately 9,850 feet.
2. Furnish and install approximately 6,400 feet of 4-inch HDPE pipe by trenching.
3. Furnish and install 25 feet of 4-inch steel pipe via jack or push bore at two designated
locations.
4. Furnish and install five 24"x48"x 18" handholes at the designated locations.
5. Furnish and i~stall three 4'x4'x4' split manholes.
.'
6. Expose the existing AT&T splice boxes south of 13Sth St., the Junction splice, and north
of 106"] St.
7. Place new fiber optic cable from the new manhole south of 10Sth St. to existing splice box
. south of 13Sth St.
8. Restore the project are~ to "as good as, or better than" its original condition.
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COST ESTJMA TE
SHERmAN-INDIANAPOLiS FT 'A'
MONON RAlLS 'l'OTRA1LS
REROUTE _136tlJ STREET TO l06tIJ STREET
CONSTRUCTION COSTS:
ITEM
UNIT EST.QTY.
PRICE
AMOUNT
1. Mobilization LS 1 $ 3,000.00
2. Test Pits EA 10 $ 125.00 $ 1,250.00
3. Furnish & Insta114-Inch HDPE SDR .
11 - Trench LF 6,400 $ 6.50 $ 41,600.00
3. Furnish & Insta114-Inch HDPE SDR
11 - Directional Bore LF 9,850 $ 12.50 $123,125.00
4. Furnish & Insta114-Inch Steel Pipe-Two
Jack Bores LF 50 $ 34.50 $ 1,725.00
5. Furnish & Instal1 Two 1 'l:l-Inch HDPE
SDR 11 Innerducts
LF 16,800 $ 2.25 $ 37,800.00
6. Furnish & Install 30"x48"xI8"
Handholes EA 5 $ 900.00 $ 4,500.00
7. Furnish & Insta114'x4'x4' Split
Manholes EA 3 $ 4,000.00 $ 12,000.00
8. Place Fiber Cable LF 17,000 $ 1.50 $ 25,500.00
9. Expose In-Service Splice Boxes EA " $ 865.00 $ 2,595.00
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10. Remove Fiber Cable - Reuse LF 16,806 $ 1.00 $ 16,806.00
TOTAL
$269,901.00
MATERIAL COSTS:
ITEM
UNIT EST.QTY.
PRICE
AMOUNT I
1. Marker Ball EA 10 $ 12.50 $ 125.00
2. 36 Fiber Optic Cable FT 17,000 $ 3.00 $ 51,000.00
3. Splices EA 3 $ 8,000.00 $ 24,000.00
TOTAL
$ 75,125.00
. .,.
Page 2
PERSONNEL COSTS:
.,.. -'
ITEM
. UNlT EST.QTY.
PRICE
AMOUNTl
L Telco Engineer DAY 5 $ 800.00 $ 4,000.00
2. Telco Comm. Tech DAY 5 $ 800.00 $ 4,000.00
, Consultant Engineer DAY 25 $ 610.00 $ 15,250.00
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4. Consultant ROW Supervisor DAY 5 $ 585.00 $ 2,925.00
4. . Consultant Inspector DAY 30 $ 555.00 $ 16,650.00
5. Consultant CAD Technician HR 60 $ 32.00 $ 1,920.00
5. Consultant Clerk HR 16 $ 20.00 $ 320.00
TOTAL
$ 45,065.00
CONSTRUCTION COSTS: $269,901.00
MATERIAL COSTS: $ 75,125.00
PERSONNEL COSTS: $ 45,125.00 .
GRAND TOTAL: $ 390,151.00