HomeMy WebLinkAboutPacific Bell; 1995-09-07;[ R;TE lT- DQ-jq2T S&$y "'=g
- EM@ September 7
To File I? Reply Wanted
From Isabelle Paulsen UNCI Reply Necessary
On this date, Richard Alien, Engineering, was furnished with
original. agreement with Pacific Bell regarding the La Costa Downs Assessment District No. 92-1.
Richard stated he would request that a fully executed origin;
be returned to this office for filing.
Council Meeting of September 5, 1995.
PACIFIC~!'~B
A Pacific Telesis Coni
- : PLEASE CALL I I August 21, 1995
619-563-2280
FOR INSPECTION
I I I -
City of Carlsbad - La Costa Downs Assessment District #sa-!.
2075 1,as Palmas Drive
Car1 :;bad, CA 92009-1576
Attention: Richard Allen
This is to confirm the arrangements made between City of Carlsbad - Li
Assessment Dist #92-1 ("Applicant") and
Pacific Bell ("Pacific") for providing telephone service to you
La Costa Downs - Unit 1, by means of underground facilities.
The applicant hereby agrees to the following conditions:
1. The applicant shall provide positions in trench and w
substructures for Pacific's use as specified in the attached
1 of 2 of Pacific's job number DB(1917362R.
The cover over telephone facilities must be in accordance
specifications on Pacific's attached drawinqs. Minimum co'
cases should not be less than 24" below finish grade unless
specified on drawings.
2. The applicant shall excavate, backfill arid compact the
accordance with the specifications of the City or County
jurisdiction over the project.
3. The applicant shall notify Pacific at 619-563-2280, at lea
(15) working days in advance of starting trenching so Pa
coordinate $he placing of its facilities with other operatil
applicant further agrees that trenching w:i11 begin on
October 15, 1995, and will be completed on 01- before Februar
If the applicant cannot complete trenching within said tim Pacific may at its sole option terminate thyts contract and applicant for all engineering costs incurred by Pacific.
shall incur no liability as a result of such termination.
4. In order to prevent damage to Pacific's facilities, the
shall provide supervision over and coordination between th
(:orit ractorc workinq within the project iinti 1 said faci 1 ities
lot. ,c:I.vi(:c arid tcsLed by Pacific.
1L is rccommendcd, in order to reduce the possibility of'
Pacific's facilities, that the placement of these faci
tlcferred until sewer and water utilities have comple
installation.
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5. Provide conduit (1" Schedule 40 Standard - equipped with li
underground supporting structure and trench for service facilities within the interior boundaries of all lots, From line to the riser protection conduit at the €oundation, at
Pacific. Conduits must be placed and sized as shown on Atta
6. Prior to the commencement of any work to be performed hereun
il mutiially agreed time thereafter, the applicant shall gra
all necessary easements for Pacific's communication faciliti
specified locations and in a form satisfactory to Pacific.
*/d. 'l'he applicant agree to submit a final bill to Pacific no 1
fortyfive (45) days following acceptance of the work as herein. Notwithstanding the above, if Pacific does not rece
from the applicant within (90) days of said acceptance, Pac consider the amount settled and all conditions of this
fulfilled and Pacific shall not be liable to the applicant
payment referred to in paragraph 7b below. Billing should s
location of the trenching work by street address or other
identification and should refer to Pacific's job number DE All bills should be mailed to:
Pacific Bell - Joint Trench
San Diego Construction
4042 37th Street, Room 215
San Diego, CA 92105
Attention: Jane Rettig
7b. Said bill shall be based on the cost of Pacific's condu
Pacific's share of trench as specified by t'he applicable t
file with the California Public Utilities Commission. The
amount to be reimbursed by Pacific is based upon the
estimated footages and established schedule of rates.
214 feet of H-ALL Trench for Telco's sole use 8 $2.05 per foot = $ 438.7
@ $.85 per foot = 1,128.8
trench 8 $.90 per foot = 441.0
pull line placed and associated fittings and 24 bends = 1,836.1
pull line placed and associated fittings and 11 bends 401.8
For the total sum of : $ 4,246.4
1,328 deet of jointly occupied main trench
490 feet of jointly occupied service
1,962 feet of 4" PTS 77 conduit with 3/8"
732 feet of 2" PTS 66 conduit with 3/8"
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8. In the event Pacific is required by the applicant to make sig
changes in the drawings referred to in paragraph 1 abo
applicant shall pay Pacific for any additional enginedrin
resulting therefrom at Pacific's current loaded labor rate.
9. Applicant shall perform all the work specified hereunder
amendments hereto in a good and skillful manner. and the work s
free from faulty or defective workmanship. All material furn
applicant shall be free from defects. Applicant shall imme
upon notification from Pacific, remedy, repair or replace with1
to Pacific and to the satisfaction of Pacific's representative the satisfaction of governmental official having jurisdictil defects, damages or imperfections, including, but not lim
caving, sinking or settling which may appear- in the work w
period of two (2) years after the date of final complet
acceptance of the work by Pacific. Pacific shall exercise re<
diligence to discover and report to applicants, as work pro
all unsatisfactory material and workmanship f'urnished by apl
In emergencies or due to applicant's inability, refusal or ne
do so, Pacific shall have the right to correct such defel
applicant shall reimburse Pacific for the costs thereof wit
(10) days after receipt of a bill therefor. Neither acceptancl
work by Pacific nor payments to applicant hereunder shall
applicant of these obligations. All equipment, and tools furn
applicant shall be in good and serviceable condition and s
capable of performing the work in an efficient manner.
10. I€ trench is closed without inspection by Pacific, potholing
required at Pacific's discretion to verify that all specif
have been met. All potholing will be done at applicant's expe
11. When the applicant has placed to Pacific's satisfactic
underground supporting structures for which reimbursement is si in paragraph 7 above , ownership thereof , including the mt
supplied by the applicant, will be vested in Pacific.
12. De advised that working telephone service cannot be provic
approximately thirty (30) days after the work is completed
would include final grading, conduit with pull lines, and enc
placed as specified.
13. The applicant shall indemnify Pacific and save it harmless f
loss or liability of any character whatsoever, including dai
Pacific's facilities, arising directly or indirectly out of
connection with the work performed by the applicant hereundc
cant-ractors, employees, agents or permittees.
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14. Applicant shall, until acceptance of the work by Pacific, mai
full force and effect the following insurance dith insurance
authorized to do business in California.
(a) For work in California, Worker's Compensation Insur compliance with all Worker's Compensation Laws of the S
California, or in lieu thereof, to have become a qualifi
insurer of Worker's Compensation benefits.
(h) Products and Completed Operations Insurance.
(c) Comprehensive Liability Insurance, including automobil
shall protect applicant from any claims for bodily injur
death of any persons, and for damage to or destruction
property which may arise from work performed hereunder, a
does not exclude explosion,collapse, or underground
damage hazards. Said Comprehensive Liability Insuranc
also provide contractual liability coverage with res
liability assumed by applicant hereunder. Furthermoi
Comprehensive Liability Insurance shall protect applicant
any liability which applicant may incur (a) on account 01
injuries to or the death of one person and consequential
arising therefrom, to the extent of not less than $500,0(
account of bodily injuries to or the death of more than c
person and consequential damages arising therefrom as a 1
any one occurrence, to the extent of not less than $1
(b) on account of damage to any property, other than I
property occupied or used by or in the care, custody 01
of applicant, to the extent of not less than $250,000 1
accident and $500,000 aggregate; or in lieu of (a) and (1:
combined single limit on account of both bodily injui
property damage of not less than $1,000,000. Such j
shall include Pacific as Additional Insured; be primary I
to the full limits of liability herein before stated anc
Pacific have other valid insurance, Pacific insurance :
excess insurance only; and include a severability of
clause worded substantially as follows:
''Th?, insurance afforded applies separately to each against whom claim is made or suit is brought,
inclusion hereunder of more than one insured SI operate to increase the limits of the insurance I
liability. The inclusion of any person or organiz, an insured shall not affect any right that such pl organization would have as a claimant if not so inc
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15. Applicant hereby declares and agrees that applicant is engage independent business and will perform its obligations hereunde
independent contract of and not as the agent, employee or se
Pacific; that applicant has and hereby retains the right to full control of and supervision over the applicant's perform
applicant's obligations hereunder and full control ov
employment, direction, compensations and discharge of all e
assisting'in the performance of such obligations; that applic
be solely responsible for all matters relating to payment
employees including compliance with social security, withhold
all other regulations governing such matters; and that applic be responsible for applicant's own acts and those of app
subordinates, employees, agents and subcontractors dur
performance of applicant's obligations under this contract.
performance of the work hereunder, applicant shall not emp
person who is a full-time or part-time employee of Pacific.
16. The attachment entitled "Exhibit-Executive Orders and A: Regulations" is hereby made a part hereof. As used in the
"Contractors" shall mean the applicant. Those orders and re5
applicable as indicated in the attachment are incorpori
reference herein.
APPROVED DATED
J.F. Rettig
Administrator/Joint Trench Coordinator
San Diego Construction
Enclosures
REPRESENTATIVE
Claude A. Lewis, Mayor - Sept. 6, I NAME & TITLE (PLEASE PRINT) DA'
w 0 PACIFIC BELL- El NEVADABELL-
Pack Toksn Companar
EXHIBIT A - EXECUTIVE ORDERS AND ASSOCIATED REGULATIONS
Pacific Bell and Nevada Bell, as common carriers of telecommunications services, (d) Contractors acting in good faith may rely on wrinen re
engage in work as contractors for various departments and agencies of the United subcontractors regarding their status as either a small busin’
States Government. Also, certain facilities may be constructed pursuant to federally business concern owned and controlled by socially and el assisted construction programs. Because of the foregoing, work under this contract taged individuals.
may be subject to the provisions of certain Executive Orders, federal laws and Small Business and Small Disadvantaged Business Subc associated regulations. To the extent that such Executive Orders, federal laws and Contractor, unless it is a small business concern, as defir associated regulations apply to the work under this contract, and only to that extent, Small Business Act. agrees to adopt and comply with a sm Contractor agrees to comply with the provisions of all such Executive Orders, federal disadvantaged business subcontracting plan, which shall be laws and associated regulations, as now in force or as may be amended in the future, a part of this contract. The parties incorporate herein I including, but not limited to the following: regulations and contract clauses required by 48 C.F.R.,
1. EQUAL EMPLOYMENT OPPORTUNITY PROVISIONS 19.708(b) to be made a part of Government contracts and I
C.F.R.560-1.4, the parties incorporate herein by this reference the regulations and As prescribed in 48 C.F.R., Ch. 1, 519.902, the following contract clauses required by those provisions to be made a part of nonexempt solicitations and contracts when the conlract amount is ex contracts and subcontracts. small purchase threshold, unless (a) the contract is to be ped 2. CERTIFICATION OF NONSEGREGATED FACILITIES the United States, its possessions, Puerto Rico, and the Trusl In accordance with Executive Order 11246, dated September 24. 1965, and 41 Islands, or (b) a personal services contract is contemplated C F R.960-1 .B, Contractor certifies that it does not and will not maintain or provide (a) “Women-owned small businesses,’’ as used in this clau for its employees any facilities segregated on the basis of race, color, religion, sex, that are at least 51 percent owned by women who are Uniti or national origin at any of its establishments, and that it does not and will not permit who also conlrol and operate the business. its employees to perform their services at any location, under its control, where “Control,” as used in this clause means exercising the such segregated facilities are maintained. The term “facilities” as used herein decisions. means waiting rooms, work areas, restaurants and other eating areas, time clocks, “Operate,” as used in lhe clause, means being actively inv restrooms, wash rooms, locker rooms and other storage or dressing areas, parking management of the business. lots, drinking fountains, recreation or entertainment areas, transportation, and (b) It is the policy of the United States that women-owned I housing facilities provided for employees, provided that separate or single-user have the maximum practicable opportunity to participate ii toilet and necessary changing facilities shall be provided to assure privacy between awarded by any Federal agency. the sexes. Contractor will obtain similar certifications from proposed subcontractors (c) The Contractor agrees to use its best efforts to givi
prior to the award of any nonexempt subcontract. businesses the maximum practicable opportunity to particip 3. CERTIFICATION OF AFFIRMATIVE ACTION PROGRAM it awards to the fullest extent consistent with the efficie Contracior certifies that it has developed and is maintaining an Affirmative Action contract. Plan as required by 41 C.F.R.§60-1.40. 9. LABOR SURPLUS AREA CONCERNS
4. CERTIFICATION OF FILING As prescribed in 48 C.F.R., Ch. 1&20.302(a)(b), the Contractor certifies that it will file annually, on or before the 31st day of March, included:
complete and accurate reports on Standard Form 100 (€EO-1) or such forms as (a) Applicability. This clause is applicable if this contract e may be promulgated in its place as required by 41 C.F.R.§60-1.7. small purchase limitation in Part 13 of the Federal Acquisiti 5. AFFIRMATIVE ACTION FOR DISABLED VETERANS AND VETERANS OF (b) Policy. It is the policy of the Government to award con
THE VIETNAM ERA agree to perform substantially in labor surplus areas (LSA’s) In accordance with Executive Order 11701, dated January 24, 1973. and 41 consistent with the efficient performance of the contract ai
C F.R.!j60-250.20. the parties incorporate herein by this reference the regulations than are obtainable elsewhere. The Contractor agrees lo and contract clauses required by those provisions to be made a part of Government place subcontracts in accordance with this policy. contracts and subcontracfs. (c) Order of Preference. In complying with paragrapt
6. AFFIRMATIVE ACTION FOR HANDICAPPED PERSONS- paragraph (c) of the clause of this contract entitled Utilizat
In accordance with Executive Order 11758, dated January 15, 1974, and 41 Concerns and Small Disadvantaged Business Concerns, C.F.R 960-741.20, the parties incorporale herein by this reference the regulations observe the following order of preference in awarding s and contract clauses required by those provisions to be made a part of Government business concerns that are LSA concerns, (2) other small b
contracts and subcontracts. (3) other LSA concerns.
7. UTILIZATION OF SMALL BUSINESS CONCERNS AND SMALL DISADVAN- (d) Definitions. “Labor surplus area,” as used in this claus TAGED BUSINESS CONCERNS cal area identified by the Department of Labor in accordanc 48 C.F.R.. Ch. 1. §19.704(4) and 19.708(a) require that the following clause is Subpart A, as an area of concentrated unemployment or UI included: area of labor surplus. Ufilizaiion of Small Business Concerns and Small Disadvantaged Business ”Labor surplus area concern,” as used in lhis clause, i Concerns (June, 1985) together with its first-tier subcontractors will perform substa (a) It is the policy of the United States that small business concerns and small areas. Performance is substantially in labor surplus area:
business concerns owned and controlled by socially and economically disadvan- under the contract on account of manufacturing, productif
taged individuals shall have the maximum pracIicable opportunity to participate in appropriate services in labor surplus areas exceed 50 percei
performing contracts let by any Federal agencRincluding contracts and subcon- Labor Surplus Area Subcontracting Program tracts for subsystems, assemblies, components, and related services for major (a) See the Utilization of Labor Surplus Area Concerns cI;
systems. It is further the policy of the United ‘States that its prime contractors applicable definitions.
establish procedures to ensure the timely payment of amounts due pursuant lo the (b) The Contractor agrees to establish and conduct a prog terms of their subcontracts with small business concerns and small business surplus area (LSA) concerns to compete for subcontracts 7 concerns owned and controlled by socially and economically disadvantaged indi- when the subcontracts are consistent with the efficient perfc viduals. at prices no higher than obtainable elsewhere. The Contra (b) The Contractor hereby agrees to carry out this policy in the awarding of (1) Designate a liaison officer who will (i) maintain I subcontracts to the fullest extent consistent with efficient contract performance. representatives of the Government on LSA matlers, (ii) sup The Contractor further agrees to cooperate in any studies or surveys as may be the Utilization of Labor Surplus Area Concerns clause, 2 conducted by the United States Small Business Administration of the awarding Contractor’s labor surplus area subcontracting program;
agency of the United States as may be necessary to determine the extent of the (2) Provide adequate and timely consideration of thi
Contractor’s compliance with this clause. concerns in all make-or-buy decisions; (c) As used in this contract, the term “small business concern” shall mean a (3) Ensure that LSA concerns have an equitable oppc small business as defined pursuant to section 3 of the Small Business Act and subcontracts, particularly by arranging solicitations, lime relevant regulations promulgated pursuant thereto. The term “small business offers, quantities. specifications. and delivery schedules concern owned and controlled by socially and economically disadvantaged individ- participation of LSA concerns;
1~81s” shall nienn a small business concern - (4) Include the Utilization 01 Labor Surplus Area Conc (I) Wfllcfi is tit lo,~i ti 1 purccnt ownud by one or more socially and economi- tracts that ofler substantial LSA subcontracting opporlunilic cally disadvantaged individuals; or. in the case of any publicly owned business, at (5) Maintain records showing (i) the procedures adopt6 least 51 percenlum of the stock of which is owned by one or more socially and tor’s performance, to comply with this clause. The records v economically disadvantaged individuals; and review by the Government until the expiration of 1 year < (2) Whose management and daily business operations are controlled by one or contract, or for such longer period as may be required by i
more of such individuals contract or by applicable law or regulations. The Contractor shall presume that socially and economically disadvantaged (c) The Contractor further agrees to insert in any relatec individuals include Black Americans, Hispanic Americans, Native Americans, exceed $500.000 and that contains the Utilization of Labor 1 Asian-Pacific Americans. Asian-Indian Americans and other minorities. or any other clause, terms that conform substantially to the language 0 individual found IO be disadvantaged by the Administration pursuant to section B(a) this paragraph (c). and to notify the Contracting Officer of lhc of the Small Business Act. tors.
In accordance with Executive Order 11246, dated September 24. 1965, and 41 8. WOMEN-OWNED SMALL BUSINESSES
L T DfmLbcCR SHALL:
VERIFY THE LOCATION OF TELEPHONE COMPANY Nk T
1 fTRUCTURES BEFORE EXCAVATION, 1300.4224133. 12- LUQ)
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If. REWllLL FOR ALL TRENOONG *NO PROVIOE CONDUIT IN TMOSE WTlONS OF THE TRENCH. BOTH tOuMON AN0 SWARATE. &i SFtClFlED BY THE TELEPHONE COMPANY ENGINEER.
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IE nEPQcfiBLE FOR THE PLACEMENT OF CONOUIT XCORDING fo
TtLtmmc tourmy SPECIFICATOM AND UNOER THE lwEcnOn OF A TELVHONE COMPAVY TRENCH INYECTOR. CDrlESOF YECIFC CATIONS ARE AVAIUOLE FROM'ENGINEER WON REWEST.
lAnFU2 TELEIHONE WlLL OCNII WE TOP POSITION IN ALL TRENCMES UNDER NO CIRCLJMLTANCES WlLL OTHER UTILITIES IC
ALLWED MOVE ME TELE?MONE COMPANY rOSITION.
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