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HomeMy WebLinkAbout1981-12-15; City Council; 6846; Grant of easement Encina undergroundingCARLSBAD — AGENCWBILL 7 AR« (ofJC* MT« 12-15-81 PEPT. CA TITLE" GRANT OF EASEMENT — ENCINA TELEPHONE UNDERGROUNDING DFPT. HD. CITYATTYv'/^ CITY MGR.;*2^L RECOMMENDED ACTION: Adopt Resolution No. fc'7^/7granting an easement to Pacific Telephone and Telegraph and authorizing VSD to contract with Pacific Telephone and Telegraph to underground telephone lines at the Encina Plant. ITEM EXPLANTION The City Manager has asked that we prepare this agenda bill which authorizes the grant of easement for and contract for installation of underground telephone line and cable. A letter from Mr. Gann, the Encina attorney, to Mrs. Casler explaining the matter, is attached. FISCAL IMPACT None EXHIBITS Q LU:>occa.a. o§ o oo Letter from Roy H. Gann, dated December 1, 1981, Resolution No. 67 ROY H. GANN ATTORNEY AT LAW 333 SOUTH JUNIPER, SUITE 214 POST OFFICE BOX 788 ESCONDIDO, CALIFORNIA 92025 AREA CODE 714 TELEPHONE 743-3022 December 1, 1981 TO AIL MEMBERS OF THE JOINT POWERS: Fe: Authorization for Grant of Easement for, and Contract for Installation of Underground ing Telephone line and cable. Dear Ms. Casler; Enclosed is a proposed Resolution granting the City of Carlsbad authority to grant to Pacific Telephone and Telegraph an easement 10 feet in v/idth over property at the EWPCF , and authorizing VSD to enter into a contract with Pacific Telephone and Telegraph for digging the trench and underground ing the telephone lines and cables. The facts giving rise to the proposed contract and grant of easement are that the long distance telephone lines must be under- grounded. The telephone company will perform all the engineering, the disconnections, reconnect ions and inspections. The trenching, installation of cable and cover of trench will he the responsibility of VSD. In this regard, VSD will execute the contract but the work will actually be performed by a contractor on the site, namely, the Brinderson Company ( Contractor of Phase 111 Contract 10/11). We are advised by Lowry and Associates that the Joint Powers will realize a substantial savings by not contracting v;ilh the telephone company to perform the trenching and installation in that the telephone company would contract with a new independent con- tractor for such work, and charge accordingly. It is respectfully requested that promptly upon adoption of the enclosed Resolution, a certified true copy thereof be sent to The Encina Water Pollution Control Facility, attention Karyn Wilson, in order that files at the facilities be complete for an audit by the EPA upon completion of Phase III. Ms. VI i 1 son will furnish VSD with a copy for its records. Your cooperation is appreciated. Very truly yours, ^cc All Members of Encina Joint Powers ROY HX/ANN " RESOLUTION NO. 6747 w wRESOLUTION OF THE CITY OCONCIUOF THE CITY OF CARLSBAD AUTHORIZING THE CITY OF CARLSBAD TO GRANT AN EASEMENT TO THE PACIFIC TELEPHONE AND TELEGRAPH COMPANY, AND AUTHORIZING THE VISTA SANITATION DISTRICT TO ENTER INTO A CONTRACT WITH PACIFIC TELEPHONE AND TELEGRAPH COMPANY FOR UNDERGROUNDING OF TELEPHONE LINES. WHEREAS, pursuant to a Joint Powers Agreement the Encina Water Pollution Control Facilities are owned and operated by the City of Carlsbad, Vista Sanitation District, San Marcos County Water District, Encinitas Sanitary District, Leucadia County Water District and the Buena Sanitation District; WHEREAS, the aforesaid entities constitute the Encina Joint Powers; and WHEREAS, the Encina Joint Powers are in the process of upgrading and enlarging the said Encina Water Pollution Control Facilities, which process has been, and is, designated "Phase 111 Upgrading and Enlargement"; and WHEREAS, pursuant to an agreement among the Encina Joint Powers the Vista Sanitation District is the Administrator for the said Phase 111 Upgrading and Enlargement; and WHEREAS, the City of Carlsbad is the record holder of fee title to certain parcels of real property constituting a part of the Encina Water Pollution Control Facilities; and WHEREAS, as a part of the aforesaid Phase 111 Upgrading and Enlargement, it is necessary to provide Pacific Telephone and Telegraph Company an easement Ten (10) feet in width for undergrounding telephone lines in, upon, over and across certain parcels of real property title to which is shown of record in the name of the City of Carlsbad; and WHEREAS, it is necessary for Vista Sanitation District, as Administrator of the Phase 111 Upgrading and Enlargement, to enter into a contract with Pacific Telephone and Telegraph Corpany to provide for the trenching and installation therein of long distance telephone lines and cables; and WHEREAS, it is for the best interest of this City that the aforesaid easement be granted and that Vista Sanitation District be authorized to enter into the V contract with Pacific Telephone and Telegraph Company for said trenching and installation of telephone lines and cables; and WHEREAS, the said proposed grant of easement is attached hereto marked Exhibit "A", and the said.proposed contract with Pacific Telephone and Telegraph Company is attached hereto Marked Exhibit"B", both of which are incorporated herein by reference. wNOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CARLSBAD AS FOLLOWS: Section 1. That the City of Carlsbad be, and is hereby, authorized to grant to Pacific Telephone and Telegraph Company an easement in the form and sub- stance as attached hereto marked Exhibit "A". Section 2. That the Vista Sanitation District be, and is hereby, authorized to enter into a contract with Pacific Telephone and Telegraph Company in the form and substance as that attached hereto marked Exhibit "B". PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the CITY OF CARLSBAD on the J-Stfey of December ,1981, by the following vote, to Wit: AYES 5 NOES 0 Absent 0 MAYOR Attest: .£•&. City CLerk \ CF 0057-C I1-/9) R/W U.G. BSP U3/-111-9CW PT RECORDED AT REQUEST WHEN RECORDED RETURN TO •Name Street Address City & State r ~i THIS BOX FOR RECORDER'S USE NO DOCUMENTORY TRANSFER TAX DUE. BY THE PACIFIC TELEPHONE AND TELEGRAPH COMPANY AGENT CARLSBAD GRANT OF EASEMENT DB 1089X 211-030-06 Page 1 of 2The undersigned Grantor(s) hereby grant(s) to THE PACIFIC TELEPHONE AND TELEGRAPH COMPANY, Grantee, its successor* and assigns, an easement to construct and maintain (place, operate, inspect, repair, replace and remove) such underground communication facilities a* Grantee may from time to time require (including ingress thereto and egress therefrom) consisting of wires, cables, conduit, handhole*, manhole*, sod aboveground markers, pedestals, terminal equipment cabinets, other associa^d elervical conductors and necessary fixtures and appurtenance* in, under and upon that certain real property in the County of — ( State of California, described as: That portion of Lot H of Rancho Agua Hedionda subdivision as said lot is shown on map of said subdivision.filed for record as Map NO. 823 on the l6 day of November, 1896, shovn as Parcel A on Record of Survey Map No. .8U59 filed for record on the lU day of February, 1980, all in the Office of the County Recorder of San Diego County. The above described easement shall be located on a strip of land ten (10.00) feet in width in said property the center line of which is described as follows: Beginning at the Northwest corner of said Parcel A; thence North 6l°51'30" East, 57.83 feet to the TRUE POINT OF BEGINNING; said point of beginning o OWNERS COPY 211-030-06 Page 2 of 2 being a point in a non-tangent curve concave to the- Hu-t having n ratliuu of 100.00 feet and to which beginning a rudial line bears llorth 77°26"lV East; thence southerly 20.75 feet along said curve through a central angle of 11053'18"; thence South Sl^VOV Eaut, 50.00 feet to the beginning of u curve conuuve to the Northeast buying B radius of 100.00 feet; thence Southeasterly 30.11 le-et alor.t; s,nid curve through a central ancle of 17015'lli" to the beginning of u. reverse curve concave to the Southwest huving a rudiuo of 100.00 feet; a radial line through said beginning of reverse curve bears South Ii8°19'1i8" West; thence Southwesterly 30.11 feet along said curve through a central angle of 17°15'll»" to the beginning of a non-tangent curve concave to the Southwest huving a radius of 986.00 feet and to which beginning a radial line bears North 65°3'i'56" East; thence Southerly 90.52 feet alor.g biiid curve through e central angle of 05°1S'36" to th<- POINT OF Tr.hMlHATIO.N in the Southerly line of said Parcel A. CCi'X inttfltlotully or by *t »ct or omiiiion of Gr«ot«t, itt »fl«nti Of wnptoy>«* whit» *xtr citing ^V ; , tM HfifXf gtimtd h*r»rfi. •••v.o :'•}By;• ,D, A Mvjjycip8^ ^corporation TMISSPACt fOH ACKNOWUOGIMENT FOHW r i • /OWNERS COPY, Pacific Telephone Right of Way Department 8328 Clairemonl Mesa Boulevard Room 105 San Diego. California 92111 Phone (714) 565-0828 Encina Joint Powers/Vista Sanitation District P.O. Box 1988 Vista, CA 92083 Gentlemen: This Letter of Agreement, by and between Encina Joint Powers referred to as "Contractor" and The Pacific Telephone and Telegraph Company, hereinafter referred to as "Pacific," sets forth instructions for re-burying the toll cable adjacent to the Encina Water Pollution Control Facility on Avenida Encinas in Carlsbad. Contractor agrees to: 1. Construct required facilities in accordance with Pacific's specifications, a copy of which is attached. 2. Provide positions in trench and place substructure of Pacific Telephone's use in accordance with the attached drawings of Pacific Telephone's work order number DB 1089X. Cover over telephone facilities should be in accordance with the specification on Pacific Telephone's work order. Minimum cover of all cases should not be less than U8" below finish grade unless otherwise specified on drawings. 3. Excavate, backfill and compact the trencb.es in accordance with the specifications of the City or County that has jurisdiction. U. Obtain necessary permits for all excavation work. 5. Notify Pacific's inspector on (?lM 565-2827 no later than ten (10) working days prior to start of construction so that Pacific may have an inspector present during the period of construction. All work shall be subject to inspection, and, if unsatisfactory, to rejection by the inspector, who shall exercise all reasonable diligence to discover and report to A Contractor ar- the work progresses, materials and workmanship > which are not satisfactory, so as to avoid unnecessary trouble V and costs to Contractor in making replacement of defective construction. c A n i h 8 i ur'vf -2- 6. Contractor shall provide supervision over the coordination between the various contractors working within the project in order to prevent damage to the facilities to the utility. The cost of repairs, replacement or relocation of utilities made necessary by others will be at the expense of Contractor until the project is complete. Project complete is defined as the cable being placed and backfill completed. 1. Contractor shall indemnify Pacific and save it harmless from all loss or liability of any character whatsoever, including damage to Pacific's communication facilities, arising out of or in any way connected with the work performed by Contractors, its contractors, employees, agents or permitees. 8. Prior to the commencement of any work to be performed here- under, or at a mutually agreed upon time, thereafter Contractor shall grant to Pacific all necessary easements for the placement of Pacific's underground facilities in such locations and in such form satisfactory to Pacific. Pacific agrees to: 1. Furnish Contractor with working drawings and specifications. 2. Provide inspection of the trench. The parties hereto further agree as follows: 1. Upon completion of the work hereunder by contractor, title in and to the materials furnished and installed by Contractor shall vest in Pacific free from all liens, claims and encumbrances and Contractor, shall and hereby does relinquish all of its right, title and interest therein and thereto. 2. If any trench is closed by contractor prior to inspection by Pacific's authorized representative, Pacific shall have the right, at Contractor's expense, to perform such potholing to determine that such trench complies with the applicable specification therefore. 3. The attached entitled "Exhibit - Executive Order and Associated Regulations" is hereby made a part hereof. Those orders and regulations applicable as indicated in the attachment are incorporated by reference herein. \ U. The work covered by this agreement is being accomplished by Contractor as a cost effective means. Prior deposit totaling $50,000.00 were given to Pacific to cover the relocation expenses of the cable by Contractor that Contractor was responsible for the cost of Pacific's relocation. It was further agreed that if the relocation expenses is greater than the estimated $50,000.00 the additional shall be payable upon demand. If the actual amount of the relocation is less • than the estimated amount, a refund of the difference shall be pc-id by Pacific. If the foregoing terms and conditions are acceptable, please have the Contractor's authorized representative sign the original of this letter in the spaces provided thereon and return it to Pacific in the enclosed envelope. Sincerely, THE PACIFIC TELEPHONE AND TELEGRAPH COMPANY By: •District Manager ACCEPTED AND APPROVED: ENCINA JOINT POWERS/VISTA SANITATION DISTRICT By: _ Title: EXHIBIT - EXECUTIVE ORDERS APlD ASSOC ?.xific Tp;tohone md blcvadn S+Il $3 common carrivrs of intontam c3rnmuni;rthnr may enc;iy in work 8 con::+cton for various =;larrr;lenn arid Apncic7 nf :h* Uni:cd S:31rS cuu-rnmenl A!so, ceriain fx;li:ies may !x ccnstructod ;unu.int to fed?raily assisted construciion programs. By caon of rhe forec,o;ng. work under his con:ract rnay ka ubiect :o he prwisions of Executive Ordrn :rued by L5e ?resident of the UnitEd Star=s, 3nd replation1 iisued by f?d$ral aFnciea. To *e extent eat such executive Oroen and eplations may apply to !ho ..-,ark under ais contracct and cnly t3 exTeii5 the Contracior a$r'?ts io abide by fie followmg oden ad ruguiarions and to extend :he following cc r ti ilc a ti ons: 1. EOUAL EMPLOYMENT OP?ORTUNITY PROVISIONS . In axordance wi;h Exicurive Order 11246. dared Szp:?m;r?r 25, 1963. 3 rnay Se amended from rime 13 :ime, and ?3n 60.1 of Tlr!rt 41 of the Code of Federal t?eSulaRoni (.?aSlic Conrrac-, and ?roikrrv '.lar.ar,dment, Crfics of iedcral Cjnrrac: Ccmpliance, 95ligations of Cantrxton and Sukoncrac:on), a may b.?. JrnendcJ from 5me to ;in?, I~H pdnies incorporate herein by *is rriaronce me rrsularions ,nd con!ract c!auses r?.c;utrzd bv mow pr0vil;ons to ti mads a parr of P3ciii; Triepnon? and . N?uada 3cll contracn and rulxontraccr CEF(TIFICATI0N OF NOXSEGRECATED FACILITIES The Contrxtor cer5f;es to Pxihc Tei*phons indlor N-.vada 641 bmpdnizs :.id1 it dces not .in6 will not rnain:3in or ,xZvide for its ernoloy.r+i ,my ragr?$atad f~clliries at =ny of its =stabllshrnent:. and that it dces not and will nor perrnic i:s dmployrvs 10 perform aeir rcrv;cN ar any Iwarion, unrirr its ccntrd. v.nh?r- s+;r?girecl fxiliri%s are maint3in.d. It rmc!en:ands 3nd agrsss Ipar a br.:ach of his cec!iication may ba a *,+dation of [ne Equal Opaorfiniry CIausz IYquirid s/ Exxutive Order 11246 Jf S.l'or?mScr 24, 1965. It furher agr?.?ss that !r4;ept *"n.?n it has coninrd ;im;lar :3rtificationr frox prcpcnszd iu'Lcontrac:on) II will obtain Id*nricd car:ifica:ionr from 2ropcrrd rubzontrx::on 2rior :o ?he award of Surontrxa %hich are not eadmpc from the provisions of the Equal Cimorm,niw Clarss. 2 MlNCRlTY SLJSIN$SS ENTERPRISES In rcordancc wit. Executiva Order 11625. dated Octowr 13, 1971. and Section 1-1.1310-2, Chwnr 1 of Tiile 41 of *e CJUC of Federal argulations (Public Contrscs and ?ropzrty hlanqrm~t, Fed?rsl Procurerrant Regulations, Minonry lusinsu Enwrpri%e%), as may b3 amrndrd from rime to time, ths parries include in :his contrxt the fdlcwing undemanding and agr?ernr?nc: FOR CONTRACTS EXCEEDING 510.000 - WILIU;IOP1 OF MINORITY SUSINESS ENTEAPRISES CUUSE (AI Ir is !nc pdicy of Pxcfic fei-phone and Nevada 3rll th3t minoriry tu~mes cnrerprisei shall have ne maximum prx:ic~oie oooonunity to participrta in me perforrnwcs of Pxific Tei?phone and Nevada Sell con :r-c IS. ATED R€GULATIONS .. FOR CONTI ACTS EXCEEDING 55GO.OCO - lllNORlrY BUSINESS ENTEAPHISES SU3C3N T;1dCTINC PROCRdM CLAUSE (3) The Conr:~ctor 3gr.m IO as:ablirh and conduct a prrqram which will enable minorin/ busini.ss tnlerprises (as defined in the clause entitled "U:iliz~rion of ?.linorily Buvness Enter;lrires"l IO be consia-red fairly a sutxonvacror and supplien u,ioer this contract. In this connec:ion, the Contractor' shall 11) designa;.: a liaison officer who will admin;s:er the Con1rac:or'r minoriry busin5xs enterprises prcqrarn: (2) srovide Zdcquate mnd tim?ly. csniidrra~ion of :he por-.ntislitim of knom minorip+ burinas ente.rprisrs in all "m3ks-or.buy" dxisions; (31 assure That known minority hsiners rnr?qriras wi!l have an equitable oppor:uniry :o c=rpetc for sa bc?ntrac:s. particularly by arranging solicitations, time for tae pivparadon of bid;. qlrantirirr, spzci:ications. and dt.iivery rchedu;er 30 i* IJ facilitate :he 2arricipation of minority business enttrprirw; (4) maintain ecords showing li) procedures which ha- been adopted to comply wirh t5t poiicirr 5et ioch in this cl3cse. incllr?ing :hs ertablirSment of a source list of minority business rnt%rpr:se. [ii; awards io minora:{ ousinon en:erprises on ;+e Iourco list, and (iii) specific eifOn3 io id3n:i* and award c3n;rarlu io minarrry businass tnterpris-: (5) inclc;de the Uti!i:3tion af Minority Sus~ke$s En:erprirei c!r?uSe in subcontracn which ofiar s:os:m~ial cinori? busirierr enter2rirrr subcontracting Cpo.jrtuni:ies; (5) coaperare :vim :nr Concracriny Officer in any studies ana survpys of rne C3nrrac:or's %inOriW business enterprises procedar3 and pracricrr that rhe Conrr~tiny Otficer may from time :O time conduc:; and (7) submic wricdic epom 01 subcontracting to known minori:v bcriners etit$rpris% wi:h rer2ect to the records re!rrr.rd to in :ubparzgr3oh (4) ~tcry, in such form and m~nn?r and at such time (not mom cfren than qLarterly) as the Conrrasting Oificar may pr5cri5e. .- (bl The Concrector fur:har agrees to inser,, in any suSconcr~cr hrrgunaer Xvhicn may excred SSC9.000. provisions which ;hall conform rubs:m:iaily io the lancuaqe of thls c13use. including tnis su3par:~:dph (bl, aid ta notify he C3nrrac:ing Officer of the nam5 of sucn iu5;m:racron. 3. LISTING OF EMPLOYiMENT OPENINGS FOR VETEFIANS In accordance with Earcviive Order 11701. dated January 24, 1973. ib may be amended frsm rime to time. and ?am 60-2Sc) of Trfe 41 of rhc Cscie of Federal Reguidtionr [Public Conimn and ?r.:,a<r?+ !J;.:.?.,ernenr, Affirm'ative action Otiligationy of Contracron dnd Subcontixax For D;saol-.d \/ez!rant and Veterans of Khd Vie:nam 'Era), 15 ;n3y te a~rndrd from time to time. the parries incoQorate herein bv !his reierer.:e the egulat1ons and contract clause, recuirrd by :hose provwor.r [I, be m3dc a pan ai Government ccntracrs and subcontraca. 4. EMPLOYMENT OF THE HANOlCjlPPEO In accbrdinco with Eircutive Order 11758, dated Januan, ;5. 1974, as may be amended from time to time, and Part 60-741 of Ti:!c 41 of tile Code of Federal 8egulations (Public Contracn and Prcoew ?.lanagerncnc, Affirmative Action Obligdrions ot Contrxroo and Suocontracton For Handicappld Workers). a nay ke drnended from time to time. rne parries incorporars herein 3 this reiireirre the reguldtioni and conrrxt claurcr requid by those provisions to tx r.de a parr of Gce.mrrv.nl cmtracs and iutxontracu..