HomeMy WebLinkAboutRESOLUTIONS-1997-049-R-97• 7/23/97
49-R-97
A Resolution
Authorizing the City Manager to Execute
A Letter of Agreement with AT&T
For Installation of Fiber Optic Cable
In the City of Evanston's Right -of -Way
WHEREAS, AT&T is a telecommunications retailer engaged in the sale of
telecommunications at retail; and
WHEREAS, AT&T desires to install cables within the City of Evanston; and
WHEREAS, the City Council finds that said installation is in the best interests of
the citizens of the City of Evanston,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
• THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS:
SECTION 1: That the City Manager of the City of Evanston is hereby authorized
and directed to execute a Letter of Agreement between AT&T and the City for the
installation of fiber optic cable in the City's rights -of -way. Said Letter of Agreement shall
be in substantial conformity with the Letter of Agreement marked as Exhibit A, attached
hereto and incorporated herein by reference.
SECTION 2: This Resolution shall be in full force and effect from and after its
passage and approval in the manner provided b law.
Mayor
ATTEST:
Oit2erk
Adopted: � , 1997
EXHIBIT A
AT&T
Susan M. Faccenda 13th Floor
Senior Attorney 227 West Monroe Street
Chicago, Illinois 60606
312 230-2640
VIA FACSIMILE AND
REGULAR MAIL
July 18, 1997
Herbert Hill
First Assistant Corporation Counsel
City of Evanston-
2100 Ridge Avenue
Evanston, IL 60201
Dear Herb,
Pursuant to our conversation today, I have revised my July 2d letter to include
items 8-10 below. Accordingly, AT&T will agree as follows for Evanston's issuance
of permits for AT&T to install fiber optic cable in its rights -of -way:
is1. AT&T's engineers will be accessible to the City's engineer's concerning
any questions with the construction plans.
2. Evanston will be named as an additional insured on all contractor's liability
policies.
3. AT&T will provide a performance bond for the proposed new build (the
new build will be approximately 2188 feet).
4. AT&T will notify owners of private property abutting the proposed new
build by delivering a notice 48 hours prior to the construction, which notice
shall include a telephone number of AT&T's representative whom the private
property owner may contact for information regarding the construction.
5. AT&T will provide the City a construction schedule including dates for the
start and conclusion of construction, provided that AT&T's construction is not
impacted by weather, underground obstacles, or other unforeseen
circumstances beyond AT&T's control.
6. If the City deems it necessary in the interest of health and safety, AT&T •
will agree to excavate (or trench) instead of doing directional boring.
• 7. AT&T will reimburse Evanston for administrative costs in the amount of
$1750.
•
8. If the Infrastructure Maintenance Fee bill is not signed, AT&T Corp. will
not activate any end users in Evanston until the financial terms for the City's
compensation and or other terms are resolved;
9. AT&T and Evanston recognize that, on or about May 22, 1997, the General
Assembly of the State of Illinois passed House Bill 1147, to be enacted as a
Public Law of the State of Illinois, and entitled, "The Municipal
Telecommunications Infrastructure Maintenance Fee Act ("the Act"). AT&T
and Evanston also recognize that AT&T is presently a "telecommunications
retailer" engaged in the "sale of telecommunications at retail" to "service
addresses" within the City, as these -terrrrs'&e-defined"irrthe Aeras of the -date
of execution of this letter;
10. Both parties reserve any rights they have under existing law.
Please let me know that the above are acceptable. I appreciate your efforts
with this matter.
cc: John Fisk
Peter Coules
Senator Thomas Walsh
Very truly yours,
M
Susan M. Faccenda
PROJECT DESCRIPTION
0
1) General Project Description
AT&T Corp., to enhance the long distance communications network in
the Chicago Metropolitan Area, is proposing to construct a fiber optic
cable route through portions of DuPage, Kane, and Cook Counties.
As a portion of this proposed cable route lies within the corporate
limits the City of Evanston, AT&T Corp. is hereby requesting the
permits which will be required from the City of Evanston to begin the
construction of this fiber optic cable route in complete regulatory
compliance.
2) Route Location Within the City of Evanston's Corporate Limits
The Proposed AT&T fiber optic cable route will enter the City of
Evanston at the western municipal boundary within the right-of-way of
Dempster Street and proceed as follows:
• East within the right-of-way of Dempster Street in existing
Ameritech conduit to Ameritech manhole # 327 at Dempster
Street's intersection with Elmwood Avenue. •
• Beginning at manhole # 327, the route will turn and proceed north
along the western side of Elmwood Avenue I existing Ameritech
conduit to Elmwood Avenue's intersection with Grove Street.
• From this intersection, the route will turn and proceed East along
the north side of Grove Street in existing Ameritech conduit to
existing Ameritech manhole # 26 located at Grove Street's
intersection with an unnamed alley.
• At this alley, the route turns and proceeds north within the alley
right-of-way in existing Ameritech conduit to another alley between
Grove and Davis Streets.
• At this second alley, the route will turn and proceed west within the
alley right-of-way in existing Ameritech conduit to the alley's
intersection with Chicago Avenue.
• At Chicago Avenue, the route will turn and proceed north along the
west side of Chicago Avenue in existing Ameritech conduit to
Chicago Avenue's intersection with Sheridan Road. •
o At this intersection, the proceeds north along the west side of
• Sheridan Road in existing Ameritech conduit to Sheridan's
intersection with Foster Avenue.
• At this intersection, the route turns and proceeds west along the
north side of Foster Avenue in existing Ameritech conduit to
Ameritech manhole # 226 just east of Foster's intersection with
Maple Street.
Starting at manhole # 226, the route will cross Foster Avenue
northeast to southwest in new -build AT&T conduit, and then
proceed south in new -build AT&T conduit along the east side of
Maple Street to the northeast corner of Maple's intersection with
Garnett Place.
• From this corner, the route will cross Maple Street northeast to
southwest in new -build AT&T conduit, turn, and proceed west
along the south side of Garnett Place in new -build AT&T conduit to
Ameritech manhole # 242 near the intersection of Garnett and
Ridge Avenue.
• From manhole # 242, the route will turn and proceed south along
the east side of Ridge Avenue in existing Ameritech conduit to
• Ameritech manhole # 37.5, just south of Ridge's intersection with
Emerson Street.
• From manhole # 37.5, the route turns, crosses Ridge Avenue from
southeast to northwest in existing Ameritech conduit, and proceeds
northwest in existing Ameritech conduit along the east side of
Green Bay Road. The route proceeds north along the east side of
Green Bay Road in existing Ameritech conduit to Green Bay's
intersection with Isabella Street, where the route exits the northern
municipal boundary of the City of Evanston.
The total route footage located within the City of Evanston's municipal
boundaries will be approximately 25,655 linear feet. Of this 25,655
linear feet, the quantity and type of construction required will be as
follows:
a) 24,267 linear feet - install AT&T's fiber optic cable into an existing
Ameritech conduit system.
b) 1,388 linear feet - construct a new -build AT&T conduit system into
• which AT&T's fiber optic cable will be installed.
Of the 25,655 linear feet of cable route which will be installed within
the City of Evanston's municipal boundaries, only 17,474 linear feet •
will actually be installed within the City of Evanston's rights -of -way. Of
this 17,474 linear feet, the quantity and type of construction is as
follows:
a) 16,086 linear feet - install AT&T's fiber optic cable into an existing
Ameritech conduit system.
b) 1,388 linear feet - construct a new -build AT&T conduit system into
Mich AT&T's fiber optic cable will be installed.
3) Permit(s) Required from the City of Evanston
AT&T hereby requests a permit from the City of Evanston to install a
fiber optic cable within the City of Evanston's rights -of -way of the
following Roads (these areas are highlighted yellow on the attached
drawings):
1) Elmwood Avenue 6) Foster Street
2) Greenwood Street 7) Maple Avenue
3) Chicago Avenue 8) Garnett Place
4) Grove Street 9) Ridge Avenue
5) 2 unnamed alleys 10) Green Bay Road •
4) Construction Methods of Procedure
Installation of the Fiber Optic Cable
The installation of this fiber optic cable within the City of
Evanston's municipal limits will be accomplished by a
combination of open trenching to place a new -build AT&T
conduit system, directional boring to place a new -build AT&T
conduit system, and by pulling or blowing the fiber optic cable
into the new -build AT&T conduit system, as well as sections of
an existing Ameritech conduit system.
Trenching excavation shall be accomplished by hand digging,
using mechanical trenching machinery, or by using backhoes,
depending on the location of nearby utilities, hazards, and
obstructions. The trenching method of installation may be used
in both soiled areas and areas covered with asphalt or concrete
(if a permit is received to cut and repair an area covered by
asphalt). In cases where asphalt areas will be cut, they will be
repaired according to the governing agencies specification. In •
most cases, trenches will not exceed widths of 18 inches and
• depths of 42 inches. Under normal stable soil conditions,
shoring will not be required unless the soil poses unique caving
hazards.
No trenches or other excavations will be left open overnight
unless AT&T and/or their contractor have received written
permission from the proper governing agency. After completion
of construction in areas where trenching was utilized, the
trenches will be backfilled and compacted to their original
contour, stabilized, and re -vegetated (if applicable) per the
methods described below under "Backfilling, Compaction, and
Restoration".
The directional boring method of installation may be used at
stream, river, road, and railroad crossing. Directional boring
may also be utilized when necessary for the crossing of
pipelines, utilities, or other obstacles.
Directional boring is a specialized method of boring utilizing
state-of-the-art equipment to place pipe underground. Using a
highly sophisticated guidance system, virtually any type of soil
condition from sand or clay to solid rock can be bored.
• Directional boring at any crossing offers the security of
maximum cover, minimal disruption to the environment, and
limited disruption to the river, highway, road, or other obstacle
being traversed. All underground clearances will have been
made prior to directional boring, and all existing facilities will be
identified, located, and marked.
Conventional boring may also be utilized when necessary for
the crossing of pipelines, utilities, or other obstacles.
Conventional boring involves pipe placement through an
augured hole, by jacking as the soil is removed by an auger, or
by jacking directly through the soil. This method of installation
will not be performed in a manner which will disrupt traffic or
damage the sub -grade, and will provide accurate alignment and
grade of the pipe. Small amounts of water may be utilized as a
lubricant in the boring or jacking operation. All underground
clearances will have been made prior to directional boring, and
all existing facilities will be identified, located, and marked.
Pulling the cable into the existing and new -build conduit shall
be accomplished by entering the new -build and existing
• manholes and using motorized equipment to pull the fiber optic
Safety
cable through an innerduct within the new -build and existing
conduit. •
Blowing the cable into the existing and new -build conduit shall
be accomplished by entering the existing and new -build
manholes and using air -assisted hydraulic equipment to place
the fiber optic cable into an innerduct within the conduit.
All work will be performed in accordance with Occupational
Safety and Health Act (OSHA) requirements. Special
requirements of federal, state and local governments or any
other agency exercising jurisdiction will be strictly adhered to.
Protection of Public and Private Prooerty,
The contractor will repair any damage to streets, roads,
highways, shoulders, ditches, embankments, culverts, bridges,
and other public and private property.
For a period of one year from the date of project completion, it
will be the responsibility of AT&T's contractor to maintain all
areas disturbed by construction. •
All fire hydrants and water control valves shall be kept free from
obstruction.
Traffic control/public safety devices will be used when working
on, adjacent to, or near streets, roads, and highways in
accordance with the requirements of the governing body(ies)
exercising jurisdiction.
Erosion Control
The satisfactory control of soil erosion during construction is a
very important part of this project. This will be carried out in
such a manner to ensure the stability of the trench and the
adjacent right-of-way.
To minimize soil erosion, the following guidelines will be
employed:
a) Vehicular and equipment traffic on the cable right-of-way will •
be kept to a minimum.
b) All equipment will be restricted to the cable right-of-way or
. temporary construction easement. Existing vegetation will not
be disturbed any more than necessary.
In addition to these methods of soil erosion, the following
methods of will be employed as needed:
Tracking:
Any soil or sediment reaching a public or private road will
be removed before the end of each work day by
sweeping or shoveling, not flushing.
®rain Inlet Protection:
All storm drains and areas which drain directly into
streams, ponds, rivers, or other bodies of water will be
protected by silt fences, silt barriers, or anchored straw
bales and fabric. The barriers will be constructed so that
the fabric is buried to a depth of 4 inches into the
undisturbed bottom of the trench, backfilled with soil and
compacted. The fabric may also be secured by washed
stones placed 6 inches above ground level. The straw
• bales will be placed in a 4 inch trench, anchored, voids
filled, and fabric will be placed on the side of the
direction of water flow. The construction methods used
for these types of sediment barriers will force the sheet
wash to pass through the fabric, not under it. This will
trap sediment which could contaminate associated
bodies of water.
Markers and Siqns
The intent of placing markers and signs is to maximize the
protection of the cable by clearly delineating the presence and
path of the subsurface cable route. They also warn the public
that advanced notice must be given when excavating in the
vicinity of the cable route.
Marker poles may be either wood, concrete, or PVC. In
general, wood poles are used in rural areas while concrete
poles are used in urban areas. White or orange markers
provide a highly visible installation. In urban areas where
wood, concrete, or PVC poles would be objectionable, flush
• mounted curb markers can be used. The markers will be
placed at line -of -site intervals so that the direction of the route
is clearly indicated. Adjacent markers should be visible each •
way from an adjoining marker, but not more than 1,000 feet
away, if the land permits. Markers will be placed at or near the
location of each splice, at points where the route changes
direction, and at other points where areas or at locations likely
to be objectionable to property owners will be avoided. Signs
will be located at entrances to property traversed by the cable
and points where the cable is in close proximity to highways,
railroads, pipelines or other obstructions.
Backfillinq. Compaction, and Restoration
Backfilling and compaction shall begin as soon as the
corresponding trenching or pot -holing work is complete.
Backfilling will be compacted and shaped to the original contour
and drainage.
Material for backfill shall be composed of earth only and will not
contain logs, stumps, frozen debris, wood, grass, roots, broken
concrete, trash or other debris. Rock debris exceeding 3
inches in diameter will not be placed in the trench on top of the
initial backfill. •
Backfill material will be placed and compacted in uniform layers
not exceeding 8 inches in thickness.
For a period of one year after the completion date of this
project, AT&T's contractor will be held responsible for all
trenches and pot -holes which settle after backfilling and
compaction. Any areas which settle will be reopened to the
depth of satisfactory compaction, refilled, and re -compacted.
Approved By:
Restoration of disturbed areas to their original contours with
seeding, to stabilize these areas, will be done as soon as
practical to reduce erosion. Trees and shrubs native to the
area will be planted to provide the necessary screening where
existing vegetation cannot be saved for this purpose.
(Signature) (Printed Name)
Date: Title: 40