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HomeMy WebLinkAboutPacific Bell; 1986-04-23;PAC1 FiC E: BE 1 Rqht of W&.wsm 7537 7 ade Stfael %cm 5410 e ab San Diegc! Caihnis 97121 t April 23, 1986 City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 Attention: Pat Entezari This is to confirrn the arrangements made between The City of Carlsbi ("Applicant") and Pacific Bell ("Pacific") for providing telephone service I your project College Boulevard Improvements, Assessment District 85-2, 1 means of underground facilities. The applicant hereby agrees to the following conditions: 1. The applicant shall provide positions in trench and will plac substructures for Pscific's use as specified1 in the drawings ( Pacific's job number DB(13)1365R. The cover CYCY kelephsne facilities 3-t be in accordance with tl specifications on Pacific's attached drawings. Minimum cover in a; cases should not be less than 24" below finish grade mlez otherwise specified on drawings. 2 The applicant shall excavate, backfill and compact the trench 1 accordance with the specifications of the City or County that hc jurisdiction over the project. 3. The applicant shall notify Pacific at 619-560-4171, at least fiftet (15) working days in advance of starting trenching so that Pacifi may coordinate the placing of its facilities with other operation5 The applicant further agrees that trenching will begin on or befom October 23, 1986, and will be completed on cr before January 2: 1987. If the applicant cannot complete trenching within said tin period, Pacific may at its sole option terminate this contract 81 bill the applicant for all engineering costs incurred by Pacific Pacific shall incur no liability as a result of such termination. 4. In order to prevent damage to Pacific's facilities, the applicar shall provide supervision over and coordination between the varioi contractors working within the project until said facilities a~ ready for service and tested by Pacific. It is recommended, in order to reduce the possibility of damage 1 Pacific's facilities, that the placement of these facilities 1 deferred until sewer and water utilities halve completed the] installation. "EXHIBIT D " a 41 t 5. Provide conduit (equipped with pull line) as the undergrot supporting structure and trench for service connection facilitj within the interior boundaries of all lots, from property line the riser protection conduit at the foundation, at no cost Pacific. A. Conduits must be placed and sized as shown on Attachme 6. Prior to the commencement of any work to be performed hereunder, at a mutually agreed time thereafter, the applicant shall grL Pacific all necessary easements for Pacific's communicati facilities in the specified locations and in a form satisfactory Pacific. 7a. The applicant agrees to submit a final bill to Pacific no later th fortyfive (45) days following acceptance of the work as outlin herein. Notwithstanding the above, if Pacific does not receive bill from the applicant within ninety (90) days of said acceptanc Pacific will consider the account settled and all conditions of th contract and Pacific shall not be liable to the applica for the payment referred to in paragraph 7b below. Billing shou specify the location of the trenching work by street address other reasonable identification and should refer to Pacific's j. number DB(19)1365R. fulfilled All bills should be mailed to: Pacific Bell - Joint Trench 7337 Trade Street, Room 5445 San Diego, CA 92121 Attention: Engineer, R. J. Levin 7b. Said bill shall be based on the cost of Pacific's conduit and/( Pacific's share of trench as specified by the applicable tariff I file with the California Public Utilities Commission. The estimatf amount to be reimbursed by Pacific is basted upon the followi estimated footages and established schedule of r,ates. 20,208 feet of 4" PTS 77 conduit with 3/8" pull line placed and associated fittings and 0 bends = 3/8" pull line placed and associated fittings and 0 bends = $17,176.80 569 feet of 2" PTS 66 conduit with 278.80 7 Manholes with frame & cover 945.00 $18,400.60 For the total sum of: 7c. It is also understood and agreed that developer is responsible fc buying and placing all manholes complete w.ith hardware on thi project. They will also true tape duct lengths and leave 3/8" pul line as required by Telco Inspector. a 4) t 8. In the event Pacific is required by the applicant to mah significant changes in the drawings referred to in paragraph above, the applicant shall pay Pacific for any addition8 engineering costs resulting therefrom at Pacific’s current loade labor rate. 9. Applicant shall perform all the work specified hereunder and 81: amendments hereto in a good and skillful aanne!r and the work shal be free from faulty or defective workmanship. All materia furnished by applicant shall be free from defects. Applicant shal immediately, upon notification from Pacific, remedy, repair o replace without cost to Pacific and to the satisfaction of Pacific’ representative, and to the satisfaction of governmental officia having jurisdiction, all defects, damages or imperfections including, but not limited to caving, sinking or settling which ma appear in the work within a period of two (2) years after the dat of final completion and acceptance of the work by Pacific. Pacifi shall exercise reasonable diligence to discover and report t applicant, as work progresses, all unsatisfactory material ant workmanship furnished by applicant. In emergencies or due tc applicant’s inability, refusal or neglect to do so, Pacific shal: have the right to correct such defects and applicant shall reimburse Pacific the costs thereof within ten (10) days after receipt 0: a bill therefor. Neither acceptance of the work by Pacific no1 payments to applicant hereunder shall relieve applicant of thest obligations. All equipment and tools furnished by applicant shal: be in good and serviceable condition and shall be capable ol performing the work in an efficient manner. for 10. If trench is closed without inspection by Pacific, potholing may be reqaired at Pacific’s discretion to verify that all specifications have been met. All potholing will be done at applicant’s expense. 11. When the applicant has placed to Pacific’s satisfaction the underground supporting structures for which reimbursement is specified in paragraph 7 above, ownership thereof, including the materials supplied by the applicant, will be vested in Pacific. 12. Be advised that working telephone service cannot be provided for approximately ninety (90) days after the work is completed. This would include final grading, conduit with pull lines, and enclosures placed as specified. 13. The applicant shall indemnify Pacific and save it harmless from all loss or liability of any character whatsoever, including damage to Pacific’s facilities, arising directly or indi.rectly out of or in connection with the work performed by the applicant hereunder, its contractors, erployees, agents or permittees. 3 0 ab b 14. Applicant shall, until acceptance of the work by Pacific, mainta in full force and effect the following insurance with insuran carriers authorized to do business in California\. (a) For work in California, Worker's Compensation Insurance compliance with all Worker's Compensation Laws of the State California, or in lieu thereof, Lo have become a qualifi self-insurer of Worker's Compensation benefits. (b) Products and Completed Operations Insurance. (c) Comprehensive Liability Insurance, including automobile whi shall death of any person or persons, and for damage to destruction of any property which may arise from work perform hereunder, and which does not exclude explosion, collapse, underground property damage hazards. Said Comprehensi Liability Insurance shall also provide contractual liabili coverage with respect to liability assumed by applica hereunder. Furthermore, said Comprehensive Liability Insuran shall protect applicant against any liability which applica may incur (a) on account of bodily injuries to or the death I one person and consequential damages arising therefrom, to tl extent of not less than $500,000 and on account of bodi injuries to or the death of more than one such person a consequential damages arising therefrom as a result of any 01 occurence, to the extent of not less than $100,000; (b) 1 account of damage to any property, other than Pacific property occupied or used by or in the care, custody or contrc of applicant, to the extent of not less than $250,000 for eat accident and $500,000 aggregate; or in lieu of (a) and (b); (( a combined single limit on account of both bodily injuries a property damage of not less than $1,000,000. Such insuranl shall include Pacific as Additional Insured; be prima insurance to the full limits of liability herein before statr and should Pacific have other valid insurance, Pacifj insurance shall be excess insurance only; and include severability of interest clause worded substantially E follows : protect applicant from any claims for bodily injury to "The insurance afforded applies separately to each insure against whom claim is made or suit is brought, but tf inclusion hereunder of more than one insured shall nc operate to increase the limits of the insurance carrier: liability. The inclusion of any person or organization z an insured shall not affect any right that such person ( organization would have as a claimant if not so included", 4 ' t e jo (I" 1 15. Applicant hereby declares and agrees that applicant is engaged in independent business and will perform its obligations hereunder an independent contractor and not as the agent, employee or serve of Pacific; that applicant has and hereby retains the right exercise full control of and supervision mer the applicant performance of applicant's obligations hereunder and full contr over the employment, direction, compensation and discharge of E employees assisting in the performance of such obligations; tl applicant will be solely responsible for all matters relating payment of such employees, including compliance with socj security, withholding and all other regulations governing SI. matters; and that applicant will be responsible for applicant's c acts and those of applicant's subordinates, employees, agents E subcontractors during the performance of applicant's obligatic under this contract. In the performance of the work hereunde applicant shall not employ any person who is a full-time part-time employee of Pacific. 16. The attachment entitled "Exhibit-Executive Orders and Associat Regulations" is hereby made a part hereof. As, used in the Exhibj "Contractors" shall mean the applicant. Those orders E regulations applicable as indicated in the attachment E incorporated by reference herein. Please sign and date the duplicate copies of this letter to indicate yc agreement with all terms and conditions of this contract and return I signed copies in the enclosed envelope. If you have a question or any char of plan, please call R. J. Levin on 619-586-3813. Sincerely, is.A/dW 6" J@J. L. Singh District Manager San Diego North Engineering District Enclosures AGREED : * e4-2-L APPLICANT'S AUTHORIZED REPRESENTATIVE MARY H. CASLER, Mayor June 25, 1986 NAME, TITLE, AND DATE (PLEASE PRINT) 5 1 r_l ba - Dare May'lO, 1994 UReply Wanted To File From Isabelle ONo Reply Necessary Belinda Guzman today was sent an original letter fully execute1 city officials. Belinda stated that Engineering would send all documents neces to Pacific Bell. Pacific Bell - Avenida Encinas Extension P Pacific Bell 7337 Trade Street, Room 541 0 San Diego, CA 92121 AVENIDA ENCINAS EXTENSION (TELEPHONE UNDERGROlUNDING) Gentlemen: Enclosed is a check for $50,472.00 to be applied to the account of City of Carlsbad in paym of Pacific Bell’s cost to relocate and convert aerial facilities to underground along Aver Encinas in Carlsbad. It is agreed by and between Pacific Bell and City of Carlsbad that the sum of $50,47; constitutes the total flat sum to be paid by City of Carlsbad for Pacific Bell’s cost to relocate i convert said facilities. RIG HT-0 F-WAY 0 F F IC E PACIFIC BELL COMPANY CITY OF CARLSEiAD *-cx - A@--- 6&\/ mbfd, XI&/??- “FWT Date: $/as/ 44 Date: May 6, 1994 By: &A &- [&& ‘ (print name add titldhere) Deputy City Attorn AlTEST: Aletha Rautenkranz, City Clerk 1 1200 Carlsbad Village Drive Carlsbad, CA 92008-1 989 (61 9) 434-2830 FAX (61 9) 720-!