ANCSE_Settlement_Agreement (FBL Signed - 01.11.20).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 FiberLight, LLC, hereinafter 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, is 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.

The Utility Company agrees to the following for all Utility Company owned facilities:

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, related to the temporary relocation of facilities.

DocuSign Envelope ID: 7C195C40-8D12-4663-B078-DBAD610DC124

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

• The Government will construct the utility owner’s infrastructure using materials provided by the Utility Company. FiberLight estimates that the total costs to FiberLight for the new path at 4,000lf will be $260,000.00, which includes $20,000.00 for engineering, $32,000.00 for conduit, $60,000.00 for splicing, $8,000.00 for handholes, $40,000.00 for cable, and $60,000.00 for PM. The Utility Company understands that the Government will not reimburse any of the costs identified above. The Government will construct these facilities using the Utility Company’s standards and specifications.

• To construct the utility owner’s 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.

• During construction, the Government will permit periodic inspections of the infrastructure and coordinate through the Government’s Construction Operations Engineer assigned to the project.

• The Government’s Final Approved Construction Documents will indicate the location of the new facilities.

• The Utility Company will have the opportunity to review and comment upon the location and design of the new facilities.

• Upon completion of the Utility Company’s infrastructure, the Utility Company, in coordination with the Government’s construction contractor, will pull all cables and make final connections, so that the Utility Company’s existing utilities can be removed from the Cemetery Expansion Site.

• Removal of temporary facilities will be at Government expense. Temporary facilities will be removed by the Government’s contractor, unless the Utility Company expresses the desire to remove the temporary facilities for salvaging materials, etc.

The Government will assume the cost of constructing the permanent infrastructure; however, all materials will be provided by the Utility Company at the Utility Company’s sole cost. In addition to covering the cost of materials, the Utility Company will be responsible for all other costs, such as design costs and labor associated with making connections, related to the permanent moving of facilities.

Scope of Permanent Work

In order to construct the permanent infrastructure for the Utility Company, the Utility Company agrees to provide all materials to the Government’s contractor for permanent relocation of the conduits in a bundle as indicated in the Government’s Final Approved Construction Documents.

Additional materials will include cable and handholes. 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 permanent 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 handholes and proposed handholes, as shown in the Government’s Final Approved Construction Documents. The Government will place the conduit and set the handholes for the path, which will be a path agreed to by the parties. All work will be performed to the Utility Company’s standards and specifications.

Upon completion of the Government’s work, and at a mutually agreeable 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 and restore 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 coordinate with the tenants of its conduits to ensure 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). 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 reasonable advance, notice for inspection of the Government’s work. Note that the Utility Company is prohibited from directing the Government’s contractor’s work. Any issues or punch list items identified by the Utility Company’s inspector should be coordinated with the Government’s COE for the Government to address 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 by the Government.

Scope of Temporary Work

There is no temporary work required.

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 plan with the COE and contractor a reasonable schedule to perform the work to avoid unnecessary delay or conflict to the progress of other work related to the Government’s Project VA ST ANC(1).

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 its responsibility as soon as practicable after written notice to proceed by the Government and will schedule the performance of the work to avoid unnecessary delay or conflict to the progress of work by the Government’s contractor. The Government will provide reasonable 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.

Permits

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

The Utility Company will be required to obtain a Land Use Permit or Permit to be located in VDOT and County Right of Way (ROW) following completion of the relocated facilities if within public ROW.

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

Company:

BY: ______________________________________________

TITLE:

DATE: ___________________________________________

FED TAX I.D.: ____________________________________

U.S. DEPARTMENT OF TRANSPORTATION

FEDERAL HIGHWAY ADMINISTRATION

BY: _____________________________________________

Leo R. Dario

TITLE: Project Support Engineer

DATE: __________________________________________

1/11/2021

34-2042346

Christopher Rabii