ANCSE DAR Project_Utiity Agreement_Verizon_Signedv1.pdf

EASTERN FEDERAL LANDS HIGHWAY DIVISION

22001 Loudoun County Parkway, BLDG E-2, Suite 200

ASHBURN, VA. 20147

PROJECT UTILITY AGREEMENT

Arlington National Cemetery (ANC) Southern Expansion (SE), Defense Access Road (DAR) Project Project VA ST ANC(1)

Temporary and/or Permanent Relocation of Facilities

THIS AGREEMENT, by and between the U.S. Department of Transportation, Federal Highway Administration, hereinafter called the “Government,” and Verizon Business Network Services LLC and Verizon Virginia LLC, hereinafter collectively called the "Utility Company," is authorized by Title 23 CFR 645.

The Government, in partnership with Arlington National Cemetery, Virginia Department of Transportation (VDOT), and Arlington County, are working to expand the area of the cemetery south of the cemetery’s current limits for future interments, by using the Old Navy Annex site, and Right-of-Way (ROW) from Southgate Road and VDOT’s interchange with Columbia Pike (Route 244) and Washington Boulevard (Route 27) areas. To that end, the ANCSE DAR Project will realign Columbia Pike with a new intersection with S. Joyce Street;

reconfigure the west side off and on ramps of the Washington Boulevard and Columbia Pike Interchange to a tight diamond interchange; replace Southgate Road with a new segment of S. Nash Street; construct new widened pedestrian sidewalks along Columbia Pike, including a separate cycle track on the north side; an underpass access tunnel between the north side and south side of Columbia Pike for providing access between the cemetery expansion site and a new location for the Cemetery Operations Complex (Ops Complex); retaining walls in a parcel of land south of relocated Columbia Pike for the new Ops Complex; traffic signals at three intersections; streetlighting and landscaping; mass grading of the Ops Complex and cemetery expansion site; and relocation of all utilities from the cemetery expansion site to the Columbia Pike corridor and other identified corridors, as required.

MCI Communications Services LLC and MCImetro Access Transmission Services of Virginia, Inc. are wholly-owned subsidiaries of Verizon Business Network Services LLC.

The Utility Company agrees to the following for all Utility Company-owned facilities currently within the property and subject to the projects described above:

ASSUMING FULL OR A PERCENTAGE OF COMPENSABLE PROPERTY RIGHTS:

1.) For those Utility Companies having a full or a percentage of a compensable property interest (or “prior rights”), the United States will cover 100%, or a calculated percentage of the reasonable cost of constructing new facilities and moving the existing facilities (as it relates to the property interest). Please provide evidence of your compensable property interest, to include deeds and plats.

ASSUMING NO COMPENSABLE PROPERTY RIGHTS:

1.) For temporary relocations of facilities, the Utility Company will provide these services either prior to, or during construction, with the Utility Company’s own personnel and resources.

For this work, the Government will reimburse the Utility Company for all reasonable costs, including design, materials, labor and permit fees, related to the temporary relocation of facilities.

2.) For constructing permanent new replacement facilities and moving or removing the existing facilities:

• The Government will construct, at its expense, the Utility Company’s infrastructure using materials provided by the Utility Company, at its expense. The Government will construct these facilities consistent and in compliance with the Utility Company’s standards and specifications.

The Government will be responsible for labor and permit costs associated with placing materials provided by the Utility Company, including cables, conduit banks, manholes, and handholes, as indicated in the Government’s Final Approved Construction Documents (“Utility’s Infrastructure”) and as specified below under Scope of Permanent Work. The Government will also be responsible for, at its expense, concrete necessary to construct Utility’s Infrastructure, including concrete to encase conduit and for manholes and handholes. The Utility Company will be responsible for design, materials and labor costs associated with making connections related to the permanent moving of facilities.

The Utility Company agrees to initially cover costs for which it has responsibility under this agreement without prejudice to its ability and right to later seek recovery for such costs pursuant to The Uniform Relocation Assistance and Real Property Acquisition Act (“URA”) and/or any other applicable federal law. The Utility Company specifically reserves the rights and remedies available to it under the URA and other federal law. The Government represents and warrants to Utility that Utility and other private utilities being impacted by the Government’s projects as described in this Agreement are being treated equally in terms of costs the Government has responsibility to pay and costs Utility has responsibility to pay.

Notwithstanding the foregoing, the Government will be responsible for all materials and labor costs, including those of Utility, for temporary relocation of any of Utility’s Infrastructure.

• To construct the Utility Infrastructure, the Utility Company, at its option, may provide to the Government a list of contractors to be used by the Government’s construction contractor. The Government’s contractor will be responsible for entering into appropriate subcontracts with the contractors provided by the Utility Company. Utility Company shall provide written approval, subject to its reasonable satisfaction, of the Government’s detailed plans and the Government’s Final Approved Construction Documents.

During construction, the Government will permit Utility Company to inspect, at Utility Company’ s discretion, the Utility’s Infrastructure construction work and coordinate through the Government’s Construction Operations Engineer assigned to the project. The

Government or its contractors shall perform no work within ten (10) feet of Utility’s existing facilities without first providing Utility two (2) business days advance notice to enable Utility to have an inspector onsite to observe such work.

• The Government’s Final Approved Construction Documents will indicate the location of the new Utility Infrastructure. Within thirty (30) days of completion of construction of Utility’s Infrastructure by the Government, the Government will provide Utility Company with as-built plans in electronic format showing the precise components and horizontal and vertical locations (within one foot of actual location) of Utility’s Infrastructure.

Utility shall not be required to place its cables in the Utility Infrastructure until it has received such as-build plans.

• The Utility Company will have the opportunity to review and comment upon the location and design of the new facilities. The Government will construct Utility’s Infrastructure consistent with the Utility Company’s standards and specifications. During inspections of the Government’s construction work of Utility’s Infrastructure, Utility will inform the Government of any instances where it becomes aware that the constructed Utility Infrastructure does not conform to Utility’s standards and specifications. The Government will correct at its expense any and all instances of Utility’s Infrastructure it constructs that fails to meet utility’s standards and specifications. Utility will not be required to relocate its facilities from their current location to Utility Infrastructure constructed by the Government where such Utility Infrastructure does not conform to Utility’s standards and specifications.

• Upon completion of the Utility Company’s new infrastructure, the Utility Company, in coordination with the Government’s construction contractor, will pull all cables through the new Utility Infrastructure and make final connections, so that the Utility Company’s existing facilities can be removed from their current location.

• Removal of Utility’s abandoned and temporary facilities will be at Government expense.

Such facilities will be removed by the Government’s contractor, unless the Utility Company expresses the desire to remove abandoned and/or temporary facilities for salvaging materials, etc.

Scope of Permanent Work

In order to construct the Utility Infrastructure for the Utility Company, the Utility Company agrees to provide all materials, except road construction materials and concrete, to the Government’s contractor for permanent relocation of conduits in a bundle as indicated in the Government’s Final Approved Construction Documents. Additional materials will include pre-formed handholes and manholes. This agreement will be modified once the Government’s Construction Documents are finalized, in order to specify the exact quantity of conduit to be constructed by the Government’s contractor.

In order to construct the Utility Infrastructure for the Utility Company, the Government will construct trenches to the appropriate width and depth to install the conduit runs between connection tie-ins to existing manholes/handholes and proposed manholes/handholes, as shown in the Government’s Final Approved Construction Documents. All work will be performed to the Utility Company’s standards and specifications.

Upon completion of the Government’s work, and at a day and time coordinated and planned between the Government’s contractor and the Utility Company, the Utility Company agrees to pull all cables, perform splicing and make connections to transfer the Utility Company’s service to the new permanent relocation to allow removal of the existing Utility Company’s facilities from the Cemetery Expansion Site. In addition, the Utility Company agrees to work with the tenants of its conduits to coordinate an orderly process for making final connections to transfer service to the relocated facilities. Preliminary Engineering activities for making final connections are to be performed by the Utility Company.

The Government will have project on-site inspectors for inspecting the contractor’s work, but encourages the Utility Company to arrange inspection of the work through the Government’s Construction Operations Engineer (COE). The Government’s inspectors shall be on-site when the Government or its contractors or subcontractors are working within ten (10) feet of Utility’s existing, temporary or new Utility Infrastructure. Through such arrangement, with Utility Company points of contacts (POCs) and other information such as POC phone numbers and email provided to the Government’s COE, the Government’s COE will provide advance, notice for inspection of the Government’s work. Note that the Utility Company is prohibited from directing the Government’s contractor’s work, except that Utility may notify the Government and its on-site inspector if Utility is concerned that the Government and/or its contractors or subcontractors may or are placing Utility’s Infrastructure at risk and the Government will immediately take all necessary steps to ensure such risk is mitigated and Utility’s Infrastructure is not damaged. The Government shall be responsible for any and all costs associated with remedying such damage, including costs incurred by Utility. At all times, the Government and its contractors and subcontractors will fully comply with the Virginia Underground Utility Damage Prevention Act (Virginia 811). Any issues or punch list items identified by the Utility Company’s inspector should be coordinated with the Government’s COE for addressing any issues and punch list items. The Utility Company will be allowed a follow up inspection to ensure issues and punch list items brought to the COE’s attention have been addressed.

Scope of Temporary Work

The scope of any temporary relocation of the Utility Company’s facilities will be shown in the Government’s Final Approved Construction Documents.

Scheduling and Coordination

The Utility Company shall collaborate with the Government’s COE and contractor to complete the work herein described, and will collaborate and mutually agreed upon with the COE and contractor a schedule to perform the work. The agreed upon schedule shall be contingent on force majeure events, unavailability of labor or materials or other events beyond the control of Utility.

Authorization to Proceed

In accordance with the schedule negotiated with the Government’s COE and contractor, the Utility Company will complete the work herein described as soon as practicable after written notice to proceed by the Government. The Government will provide written notice to proceed to the Utility Company. This notification shall be provided when the infrastructure constructed by the Government’s contractor is complete. The Utility Company will not commence work until receipt of notice in writing from the Government to begin work.

The Utility Company will afford the Government the opportunity of inspecting the work by furnishing notice of the date the work will start to the Mr. Sean O. Brien, COE, Eastern Federal Lands Highway Division, Federal Highway Administration, 22001 Loudoun County Parkway, Building E-2, Suite 200, Ashburn, VA 20147.

Extra Work

If conditions require a change or update in the scope of the work, the performance of extra work, or major changes in the planned work as herein described, this agreement shall be modified by a written amendment covering the required changes which, when executed by both parties hereto, shall become a part of this agreement.

This agreement and cost responsibility will be amended should the Utility Company provide evidence of compensable property interest prior to the commencement of work or as otherwise agreed upon by the Utility and the Government.

Permits

The Utility Company shall make application to appropriate authorities to obtain all necessary permits required to perform its work herein described herein, if required.

IN WITNESS WHEREOF, the parties hereto have executed this Utility Project Agreement No. ________.

VERIZON VIRGINIA LLC:

BY: ______________________________________________

TITLE:

DATE: ___________________________________________

FED TAX I.D.: ____________________________________

VERIZON BUSINESS NETWORK SERVICES LLC:

BY: ______________________________________________

TITLE:

DATE: ___________________________________________

FED TAX I.D.: ____________________________________

U.S. DEPARTMENT OF TRANSPORTATION

FEDERAL HIGHWAY ADMINISTRATION

BY: _____________________________________________

Leo R. Dario

TITLE: Project Support Engineer

DATE: __________________________________________

Director- Network Engineering MD/DC/VA

1/8/2021

54-0167060

Director- Network Engineering MD/DC/VA

1/8/2021

13-2745892