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HomeMy WebLinkAbout2014-10-07; City Council; 21752; Approval Replace Overhead Utilities with Underground Facilities El Camino Real Widening Improvements Project 3957CITY OF CARLSBAD - AGENDA BILL AB# MTG. DEPT. 21.752 10-07-14 PW-TRAN APPROVAL OF AGREEMENTS FOR REPLACEMENT OF OVERHEAD UTILITIES WITH UNDERGROUND FACILITIES FOR THE EL CAMINO REAL WIDENING IMPROVEMENTS, PROJECT NO. 3957 DEPT. DIRECTOR CITY ATTY. CITY MGR. RECOMMENDED ACTION: Adopt Resolution No. 2014-236 approving agreements and authorizing the Public Works Director to sign agreements for replacement of overhead utilities with underground facilities for the El Camino Real widening improvements. Project No. 3957. ITEM EXPLANATION: The El Camino Real widening project from Tamarack Avenue to Chestnut Avenue will provide three lanes of travel in each direction, bike lanes, a new raised median, curb, gutter and sidewalk providing operational improvements, enhanced mobility and connectivity for all modes of travel. As required in accordance with Council Policy No. 41, this widening project will remove the existing utility poles and place the facilities underground. To facilitate the conversion, Underground Utility District No. 19 was formed by City Council on April 27, 2010. The City of Carlsbad's contractor will construct the trenching and install the conduit and structures associated with Underground Utility District No. 19. Once the work by the city's contractor is completed both SDG&E and AT&T will install the necessary conductors and cabling and they will connect and energize their systems. Prior to completing the work, the City of Carlsbad must enter into agreements with both of these private utility companies. The cost to complete the work by SDG&E and AT&T will be funded from the project accounts. The cost of the work by SDG&E is $587,539 and the cost of the work by AT&T will be $8,224. FISCAL IMPACT: The contract to construct the widening of El Camino Real was awarded to Los Angeles Engineering, Inc. on August 26, 2014 and included a bid item for the installation of trenches and conduits to underground the utilities. TransNet funds can be used for undergrounding purposes and the appropriated funds are sufficient and therefore no additional appropriations are necessary. The cost for SDG&E and AT&T to install conduits and cabling and to energize their systems and installation oversight are located in Table 1. DEPARTMENT CONTACT: Brandon Miles, 760-602-2745 Brandon.Miles@carlsbadca.gov FOR CLERK USE. COUNCiL ACTION: APPROVED CONTINUED TO DATE SPECIFIC • DENIED CONTINUEDTO DATE UNKNOWN • CONTINUED • RETURNED TO STAFF • WITHDRAWN • OTHER - SEE MINUTES • AMENDED • REPORT RECEIVED • Table 1 shows the current status of El Camino Real Widening Project. TABLE 1 - EL CAMINO REAL WIDENING UNDERGROUNDING - PROJECT NO. 3957 EL CAMINO REAL WIDENING - PROJECT NO. 3957 ESTIMATED COSTS Awarded Construction Contract (Los Angeles Engineering, Inc.) $11,163,238 SDG&E Underground Agreement Fees $587,539 AT&T Underground Agreement Fees $8,224 TOTAL CONSTRUCTION COST $11,759,001 Remaining Available Balance $13,768,204 ADDITIONAL APPROPRIATION ANTICIPATED FOR CONSTRUCTION $0 This project is subject to State and Federal restrictions and the payment of prevailing wages is required. ENVIRONMENTAL IMPACT: Pursuant to Public Resources code Section 21065, this action does not constitute a "project" within the meaning of CEQA in that it has no potential to cause either a direct physical change in the environment, or a reasonably foreseeable indirect change in the environment, and therefore does not require environmental review. EXHIBITS: 1. Resolution No. 2014-236 approving agreements and authorizing the Public Works Director to sign agreements for replacement of overhead with underground facilities for the El Camino Real widening improvements. Project No. 3957. 2. SDG&E Undergrounding Agreement 3. AT&T Undergrounding Agreement EXHIBIT 1 1 RESOLUTION NO. 2014-236 3 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AGREEMENTS AND AUTHORIZING THE PUBLIC WORKS DIRECTOR TO SIGN AGREEMENTS FOR 4 REPLACEMENT OF OVERHEAD WITH UNDERGOUND FACILITIES FOR THE EL CAMINO REAL WIDENING IMPROVEMENTS, PROJECT NO. 5 3957. 6 y WHEREAS, the City Council ofthe City of Carlsbad, California, has determined it necessary, 8 desirable, and in the public interest to approve the agreements and authorize the Public Works ^ Director to sign agreements for replacement of overhead with underground facilities for the El Camion Real widening improvements; and WHEREAS, on April 27, 2010, the City Council formed the Underground Utility District No. 19;and WHEREAS, the contractor will install the conduit and structures associated with the Underground Utility District No. 19; and WHEREAS, SDG&E and AT&T will install the necessary conductors and cabling and they will connect and energize their systems; and 17 WHEREAS, the City of Carlsbad must enter into agreements with SDG&E and AT&T for 18 undergrounding facilities; and 19 WHEREAS, funding for said project has been appropriated from TransNet funds and are 20 sufficient and no additional appropriations are necessary. 21 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the City of Carlsbad approves the agreements with SDG&E and AT&T and the Public Works Director is hereby authorized and directed to execute the agreements for replacement of overhead with underground facilities for the El Camino Real widening improvements. Project No. 3957. // 5 10 11 12 13 14 15 22 23 24 25 26 27 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council ofthe City of Carlsbad on the 7th day of October 2014, by the following vote to wit: AYES: NOES: Council Members Hall, Packard, Wood, Schumacher, Blackburn. None. ABSENT: None. MATT WALL, Mayor ATTEST: ^^vO^I^^^FV^^ENGLESOIS^ity Clerk k—' y. "i T~* Sempra Energy ut»ty" Submitted to Applicant by: OIlie Harris SDG&E Work Order(s): 2936731 2936730 AGREEMENT FOR REPLACEMENT OF OVERHEAD WITH UNDERGROUND FACILITIES THIS AGREEMENT, made and entered into, by and between SAN DIEGO GAS & ELECTRIC COMPANY, a corporation, hereinafter called "Utility", and hereafter called ''Applicant(s)''. WITNESSETH: WHEREAS, Applicant(s) are the owners, lessees, or others having a legal Interest in those certain premises known as El Camino Real 20B located at Ei Camino between Tamarack Ave and Chestnut Ave, Carlsbad, CA; and WHEREAS, Applicant's desire that existing overhead facilities be replaced with underground facilities, and in consideration of the desirability and value which said underground facilities will add and contribute to the above premises; NOW, THEREFORE, it is agreed by and between Utility and Applicants as follows: 1. Subject to the conditions hereinafter provided, Utility, upon obtaining satisfactory easements for any required rights of way, shall remove its existing overhead electric power facilities sen/ing Applicants and shall replace these facilities with underground ^cilities, in accordance with its Rule 20. B for Replacement of Overhead with Underground Facilities as filed with the California Public Utilities Commission. 2. All work perfonned by the Utility and Applicants pursuant to this Agreement shall be in conformity with the General Conditions and the Specifications attached hereto and by this reference made a part hereof. Utility shall fumish underground electric sen/ice to the premises shown on Specifications and, upon completion of the work specified herein, Utility shall not furnish overhead electric sen/ice to any of such premises. 3. This Agreement shall become effective only upon compliance with ali of the following conditions: a) All Applicants shall execute this Agreement and shall perform all of the conditions herein contained. b) All Applicants shall execute a companion agreement with each company, municipality, or agency that is a joint user with Utility of poles, or maintains other poles, within the area from which Utility's pole will be removed pursuant to Section 1, for providing communication service, traffic signals, police or fire alarm boxes, or street or safety lighting supplied by overhead wiring. Such agreement or agreements will provide for such sen/ice to be discontinued or converted and maintained through underground circuits or other appropriate and lawful means, so that all of said poles can be removed from the area within a reasonable time after Utility has removed its poles. c) Applicants will, at their expense and in conformity with the Contract Documents as defined in the General Conditions, fumish and install the material, and facilities and perfonn the woric indicated below by a check mari<. The material, facilities and work listed below which are not indicated with a check mari< shall be furnished, installed and performed by Utility at Applicants' expense. FORM 106-27591(4/91) ISI Excavation, backfill and compaction lEl Conduits ISI Concrete substructures d) Utility shall notify Applicants, in writing, of final acceptance of the work specified herein. Applicants hereby grant to Utility alt ^cilities installed by Applicants pursuant to this Agreement, said grant to be effective upon receipt of Utility's written final acceptance. e) Each Applicant shall, at his expense, promptly provide any necessary changes to the existing ^cilities on his property so as to receive underground electric sen/ice at the points specified on the Specifications. The Applicants' wori< shall be in accord with Utility's Rule on Sen/ice Connections filed with the Califomia Public Utilities Commission effective as of the date of this Agreement, and in accord with the Contract Documents. Underground electric sen/ice will not be supplied until all affected premises are equipped to receive electric sen/ice in accordance with said plan and specifications. 4. Receipt is acknowledged from Applicant(s) of $587,539.00, which is an amount equal to the estimated cost of Utility's conversion work computed in accordance with its Filed Rule on Replacement of Overhead with Underground Facilities. Said amount includes any engineering fee or fees that may have been paid to Utility in contemplation of the work provided for in Section 2. 5. In the event any additions, rean-angements, or changes to the electric wiring are required or perfonned on Applicants' several premises, other than the wori< pursuant to Section 3.e) above, Applicants shall cause said additions, rearrangements, and changes to be made at their expense. 6. All wires, cables, conductors, conduits, ducts, connectors and appurtenances installed by Utility, or its agents, on the premises of Applicants, or elsewhere, and all facilities granted to Utility by Applicants, shall become and remain the property of Utility notwithstanding any payment made under this Agreement. Such lacilities will be maintained and operated by Utility in accordance with its Rules for the Sale of Electric Energy on file with the California Public Utilities Commission. a) Utility shall be under no obligation to perform and complete the work undertaken by it pursuant to this Agreement until Applicants' obligations incun-ed pursuant to Paragraphs 3.b) and S.e) of this Agreement shall have been fulfilled. b) If the Specifications attached hereto require the installation of new street lighting standards, Utility shall be under no obligation to remove and cease operating its overhead electric facilities nor to furnish underground eiectric sen/ice to any of the premises shown on the Specifications until said street lighting standards have been installed and energized. c) Utility at its sole election, may undertake to perfonn the work to be performed by it prior to the occurrence ofthe conditions specified in section 7. and subsection b) ofthis Section. The commencement of any such work by Utility under the provisions ofthis subsection shall not constitute a waiver of any ofthe requirements imposed upon any Applicants under section 7. or subsection b) of this Section, or under any other provisions of this Agreement. d) If any Applicants shall, within one year of the date of this Agreement, fail or reftjse to comply with any of the conditions hereof or to periderm all work required under the contracts executed pursuant to Paragraph 3.b) of this Agreement, Utility shall have the right to make such changes and to impose such further conditions upon the Applicants as may be necessary to protect its rights under any existing agreement for any increase in its costs of installation, and to provide in any other manner for the accomplishment of the purposes ofthis Agreement consistent with applicable rules, laws, ordinances and its contractual obligations hereunder. 7. Once Applicant has started to perform the work required by the Contract Documents, Applicants agree to exercise reasonable diligence in pursuing such work to completion within one year after the effective date of the Contract Documents. If such work has not been completed within one year after the effective date ofthe Contract Documents, Utility shall have the right, upon giving written notice to Applicants, to cancel and terminate the Contract Documents. Utility shall return to Applicants, an amount equal to the above cash advance, minus Utility's costs. Utility's costs are defined as the actual cost (including but not limited to labor, materials and overhead) incurred by Utility prior to such cancellation and termination in connection with woric done in furtherance of Applicants' project, plus 2 FORM 106-27591(4/91) the actual cost of removing any of the Utility installed facilities which Utility desires to salvage, minus the salvage value of such facilities. Upon exercise ofthis right to cancel and terminate, and upon payment to Applicants, all of Utility's obligations under the Contract Documents shall cease. 8. This Agreement shall at all times be subject to such changes or modifications by the California Public Utility Commission as said Commission may, from time to time, direct in the exercise of its jurisdiction. 9. All terms and situations heretofore made and agreed to by the parties in relation to said electric line replacement are set forth in this Agreement and no representation of any agent or employees shall be binding upon Utility except as expressed herein. Appendix A attached hereto is solely fbr use by Utility and nothing contained therein shall in any way alter or vary any temn, condition or stipulation contained In this Agreement. 10. If Applicant is a corporation, partnership, joint venture or a group of individuals, the subscriber hereto represents that he has the authority to bind said corporation, partners, joint venture or individuals as the case may be. Each Applicant signing this Agreement agrees that he shall be jointly and severally liable under the terms of this Agreement with every other applicant signing the Agreement. 11. All of the tenns and conditions of this Agreement shall be binding upon and shall insure to the benefit of the parties hereto, their heirs, administrators, executors, personal representatives, trustees, successors and assigns. 12. The Contract Documents shall become effective oniy upon the date signed by the authorized representative of Utility. IN WITNESS WHEREOF, the parties hereto have individually executed, or have caused this Agreement to be executed for and on behalf of each, by and through their responsible agents, partners, or duly authorized corporate officers, as the case may be. APPUCANT: SAN DIEGO GAS & ELECTRIC COMPANY, a corporation By: By: (Authorized Individual-Utility) (Authorized Signature) Date Executed: Name: (Please Print or Type) Title: Date: Address: Telephone: FORM 106-2759L (4/91) DPO 03DPS-RBMOTE3 0-001 08/01/14 13:06 SAN DIKGO GAS AMD ELECTRIC UG RULE 2O.B (X)NVERSION - APPENDIX A PAQE NO WORK ORDER: 2936730 EL CAMINO REAL WIDE/2OB-T/C & CABLE 863990-050-001 BASE * TAX TOTAL A. COST SOMMARY 1. UTILITY'S ESTIMATED INSTALLED COST OF UNDERGROUND FACILITIES REQUIRED TO REPLACE OVERHEAD 2. UTILITY'S ESTIMATED COST OF RELATED OVERHEAD CONSTRUCTICW AND REMOVAL OF EXISTING FACILITIES NOTE: UTILITY'S ESTIMATED COST OF RELATED OVERHEAD CONSTRUCTION - SEE OVERHEAD APPENDIX 3. TOTAL ESTIMATED COST OF REQUIRED WORK (LINE A.1 PLUS LINE A.2) 4. CREDIT FOR SCRAP/SALVAGE (IF APPLICABLE) 5. CREDIT FOR DEPRECIATION (IF APPLICABLE) 6. BILLING - R/W ACQUISITION - BY UTILITY - NON-REFUNDABIJE 7. UTILITY'S ESTIMATED COST OF EQUIVALENT OVERHEAD SYSTEfl B. TOTAL COST TO APPLICANT (LINB A.3 LESS A.4 LESS A.S PLUS LINE A.6 LESS LINE A.7) $ $ $ $ $ $ $ s 1668593 $ 10374 $ 1678967 0 0 66X $ 220366 $ 1459262 $ 0 $ 0 $ 1668593 10374 1678967 0 0 661 220366 1459262 B. BILLING 1. TOTAL COST TO APPLICANT (LINE A.B) 2. ESTIMATED VALUE OF WORK REQUIRED POR AND PROVIDED BY APPLICSNT 3. AMOUNT DUE UTILITY (LINE B.l LESS LINE B.2)' 4. AMOUNT DUE APPLICAHT (LINE 3.2 LESS LINE B.l) C. DIRECT PAYMENTS 1. AMOUNT DUE APPLICANT FOR ADDITIONAL FACILITIES AFTER FINAL ACCEPTANCE OF WORK 1459262 871723 587539 0 1459262 871723 587539 0 * THE TAX RATE IS 00.0 % QN CAPITAL COST at&t AT&T California Right of Way / Uaison 7337 Trade Street Room 568S San Oiego. CA 92121 2423 AUGUST 25,2014 AERIAL TO UNDERGROUND CONVERSION AGREEMENT (APPLICANT TO CONSTRUCT USS) (RULE 32.A.2) BETWEEN CITY OF CARLSBAD and PACIFIC BELL TELEPHONE COMPANY DBA AT&T CALIFORNIA RE EL CAMINO REAL STREET WIDENING BETWEEN TAMARACK AND CHESTNUT 20B CONVERSION AT&T Projecf. 324596 (Rev. 3,15 2011) Aerial to Underground Conversion Construction Agreement r of the U S. Olympif. Tt-am TABLE OF CONTENTS L DEFINITIONS 1 IL RECITALS 1 IIL SPECIFIC PROVISIONS 2 A. Tariff. 2 B. Construction 2 C. Term 3 D. Title 3 E. Tax Liabilitv 3 F. Payment 4 G. Cancellation. Modification or Deferment 4 H. Indemnitv. Limitation of Liabilitv. 4 I. Insurance 5 J. Warrantv. 8 K. Liens 9 L. Licenses and Easements 9 M. Performance 9 N. Damage to Facilities 9 O. Schedule of Work 9 P. Force Maieure 10 Q. Compliance With Laws 10 IV. GENERAL PROVISIONS 10 A. Assignment 10 B. Binding Effect 10 C. Termination 10 D. Attorneys* Fees 11 E. Entire Agreement 11 AT&T Project: Aerial to Underground Conversion 324596 (Rev. 3/15/2011) Construction Agreement \0 F. Independent Contractor 11 G. Jurisdiction 11 H. Notices 11 I. Waiver and Amendment 12 Exhibit A Applicant's Approved Street Improvement Plans Exhibit B AT&T's Estimated Costs Exhibit C Executiye Orders and Associated Regulations AT&T Project: Aerial to Underground Conversion 324596 (Rev. 3/15/2011) Construction Agreement u THIS AGREEMENT ("Agreement") is between the CITY OF CARLSBAD, a city in Califomia ("Applicant"), and PACIFIC BELL TELEPHONE COMPANY, a Califomia corporation doing business as AT&T CALIFORNIA ("AT&T') (collectively the "Parties"). I. DEFINITIONS. As used in this Agreement, the following terms apply: A. The term 'Tariff' refers to Schedule Cal. P.U.C. No. A2, Rule 32.A.2. B. The terms "Underground Supporting Structure" and "USS" include, but are not limited to, conduit, inner duct, manholes, service boxes, and related equipment. C. The terms "Trench" and "Trenching" include, but are not limited to, excavating, backfilling, compacting, and, as necessary, breaking and replacing pavement, sidewalks, driyeways, curbs and gutters, and restoring all other surface features disturbed by imderground constraction including landscaping, plus the cost of performing such work. D. The term "Hazardous Substance" refers to any substance, material or chemical that is or becomes regulated under applicable local, state, or federal law, regulation, or ordinance. E. The term "District" refers to the area in/on/along El Camino Real Street between Tamarack and Chestnut where the undergrounding of existing aerial fecilities is to take place. F. The term "Project" means all of the work required to underground existing aerial facilities within the District. G. The term "CPUC" refers to the Califomia Public Utilities Commission. II. RECITALS. A. Applicant has asked AT&T to replace its existing aerial communication facilities with underground commmiication facilities within the District. B. AT&T is willing to underground its existing aerial commiinication facilities within the District, subject to the terms and conditions of this Agreement. In consideration of the above, the Parties agree as follows: AT&T Project: Aerial to Underground Conversion 324596 (Rev. 3/15/2011) Construction Agreement Page 1 of 12 IIL SPECIFIC PROVISIONS. A. Tariff. The Project will be conducted in accordance with the Tariff. B. Constraction. 1. Upon receipt of a copy of this Agreement that has been executed by Applicant and the advance payment described in Section III.G, AT&T will engineer and perfonn the work required to convert its existing aerial facilities to undergroimd facilities in the area in the District shown on Applicants' plans, which are attached hereto as Exhibit A. 2. If, during the installation or constraction of communications facilities, AT&T employees, subcontractors, or agents encounter any Hazardous Substance(s) that may be disturbed by AT&T's actiyities: a. AT&T shall give prompt written notice of the discovery of the Hazardous Substance(s) to Applicant; b. AT&T shall suspend performance under this Agreement until (1) containment and removal of the Hazardous Substance(s) has been completed and approved by the appropriate goyemmental agency(ies), if such approval is required, or approyed by AT&T if governmental agencj^ies) approvd is not required, or (2) Applicant reasonably demonstrates that the Hazardous Substance(s) will not be disturbed by AT&T's activities; c. AT&T's perfonnance of its obligations under this Agreement is extended for the amount of time which it takes to complete containment/removal of the Hazardous Substance(s); and, d. If Applicant elects not to remove/contain the Hazardous Substance(s), AT&T may terminate this Agreement vwthout fiirther liability by giving advance notice to Applicant no later than ten (10) days after the date the Applicant notifies AT&T of its decision not to remove/contain the Hazardous Substance(s). In this case. Applicant shall reimburse AT&T for AT&T's share ofthe USS cost paid by AT&T and for the costs incurred by AT&T for the placement of cables and wiring on the Project and the wrecking associated with that placement up to the effective date of the termination. Upon such payment. Applicant shall become the owner of said wire and cables. AT&T Project: Aerial to Underground Conversion 324596 (Rev. 3/15/2011) Construction Agreement Page 2 of 12 13 3. Applicant shall be responsible for the constraction and installation of the necessary USS along the public way and utility rights of way in the District and shall prepare all documents necessary to coordinate and implement the Project plans. The documents shall include, but shall not be limited to: (a) Project Plans and Specifications, which shall be prepared in accordance with specifications and drawings fumished to Applicant by AT&T; (b) documents that delineate all USS to be constracted and installed within the District; (c) a Bid Package covering the constraction and installation of the USS for which Applicant is responsible; (d) separate agreements with Participants pertaining to the constraction of facilities for the Project; and (e) a contract ("Contract") with an independent contractor for the constraction and installation of USS for which Applicant is responsible under the Project. APPLICANT SHALL NOT DEVIATE FROM AT&T'S TRENCH SPECIFICATIONS WITHOUT AT&T'S PRIOR WRITTEN CONSENT. 4. Applicant shall award the Contract to a qualified bidder. The terms and conditions of the Contract shall obUge the Contractor to fiimish all materials, adhere to the Project Plans and Specifications, and install the USS at the locations designated on the map attached to this Agreement as Exhibit A. Applicant shall have full supervision of and control over the independent contractor's constraction and installation of the USS. However, AT&T shall be given the opportunity to inspect the constraction and installation of the USS and to coordinate with Applicant to ensure that the constraction and installation are completed in accordance with the Project plans and specifications. Applicant shall require all property owners who are served by the aerial facilities to be replaced within tiie District to provide and maintain the USS on their property. C. Tenn. This Agreement is effective upon execution and shall continue in effect until terminated or canceled as provided by law or this AgrMment. D. Titie Upon inspection and acceptance in writing of the USS by AT&T, title to the USS and all associated conununications facilities placed by or for AT&T, except the underground service connections, shall vest in AT&T, provided that such is free of all liens and encumbrances. AT&T Project: Aerial to Underground Conversion 324596 (Rev. 3/15/2011) Construction Agreement Page 3 of 12 E, Tax Liability Applicant shall pay, and hold AT&T harmless firom and against, all penalties, interest, taxes or other charges that are levied or assessed against Applicant. F. Pavment. Applicant shall pay to AT&T within forty-five (45) days after execution of this Agreement the sum of eight thousand two hundred twenty four dollars and zero cents ($8^24.00), which represents the estimated cost of AT&T preparing specifications and drawings for the USS and inspecting Applicant's trenching and installation of tiie USS. If applicable. Applicant shall also pay to AT&T a (Not Applicable) % tax component of collected for Federal and State Income Tax in accordance with CPUC decision 87-09-026. Applicant shall send payments to: AT&T Califomia 2700 Watt Ave. Room 3102 Sacramento, CA 95821 ATTN: Debbie Beck G. Cancellation. Modification or Deferment. If Applicant cancels, modifies or defers its request for conversion of the aerial facilities to imderground facilities within the District, Applicant shall pay all charges incurred by AT&T, in accordance with the Tariff. H. Indemnitv: Limitation of Liabihty. 1. AppUcant shall indannify, defend at AT&T's request and at no cost or expense to AT&T, and hold harmless AT&T and its officers, agents and employees, as well as its associated and affiUated companies and their respective officers, agents, and employees ("Indemnitees"), from and against any and all losses, damages, expenses, costs, penalties, fines, fees (including reasonable attomey's and consultant's fees), or liabilities (collectively "Liabilities"), incurred as a result of any injury to or death of any person(s) or damage to any property(ies) arising out of or in coimection with the materials used or the work performed by Applicant under this Agreement or the condition of the Project's property, including environmental contamination, except where such Liabilities are caused by tiie sole negligence or willful misconduct of Indemnitees. 2. AT&T shall notify Applicant within a reasonable time of any written claim or demand against AT&T for which Applicant is responsible under this AT&T Project: Aerial to Underground Conversion 324596 (Rev. 3/15/2011) Construction Agreement Page4of 12 l5 section. AppUcant shall also (a) keep AT&T fiilly informed as to the progress of such defense, and (b) afford AT&T, at its own expense, an opportunity to participate with Applicant in the defense or setflement of such claims, demand, lawsuits or other legal proceedings. 3. AT&T shall indemnify, defend, and hold harmless Applicant, fi-om and against any and aU losses, damages, expenses, costs, penalties, fines, fees (including reasonable attomey's and consultant's fees), or UabiUties (collectively "Liabilities"), incurred as a result of any injury to or death of any person(s) or damage to any property(ies) arising out of or in connection AT&T's installation of facilities in the USS, except where such Liabilities are caused by the negligence or wiUfiil misconduct of Applicant. Applicant shall notify AT&T within a reasonable time of any written claims or demand against Applicant for which AT&T is responsible under this section. 4. These indemnities shall survive the termination or cancellation of this Agreement or any provision to the contrary herein. 5. IN NO EVENT WILL AT&T BE LIABLE TO APPLICANT FOR INCIDENTAL, SPECL\L, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES, WHETHER BY TORT OR CONTRACT, INCLUDING LOST REVENUES, LOSS OF PROFITS OR OTHER COMMERCIAL OR ECONOMIC LOSS ARISING OUT OF THE PERFORMANCE OF THIS CONTRACT, INCLUDING, WITHOUT LIMITATION, NEGLIGENT PERFORMANCE OR FAILURE TO PERFORM, OR A DEFECT OR FAILURE TO PERFORM OR DEFECT OF CABLE OR WIRING, REGARDLESS OF THE FORESEEABILITY THEREOF. Insurance. With respect to AppUcant's performance under this Agreement, and in addition to AppUcant's obligation to indemnify. Applicant shall at its sole cost and expense, maintain the insurance coverages and limits required by this Section and any additional insurance and/or bonds required by law: i. at all times during the term of this Agreement and until completion of all work associated with this Agreement, whichever is later; and ii. with respect to any coverage maintained in a "claims-made" policy, for two (2) years following the term of this Agreement or completion of all work associated with this Agreement, whichever is later. If a "claims-made" policy is maintained, the retroactive date must precede the commencement of work under this Agreement; AT&T Project: Aerial to Underground Conversion 324596 (Rev. 3/15/2011) Construction Agreement Page 5 of 12 Applicant shall also require each subcontractor who may perform work under this Agreement or enter upon the work site to maintain coverages, requirements, and limits at least as broad as those listed in this section fi'om the time when the subcontractor begins work, throughout the term of the subcontractor's work and, with respect to any coverage maintained on a "claims-made" policy, for two (2) yeare thereafter; a. procure the required insurance fi-om an insurance company eligible to do business in the state or states where work wiU be performed and having and maintaining a Financial Strength Rating of "A-" or better and a Financial Size Category of "Vff' or better, as rated in the A.M. Best Key Rating Guide for Property and Casualty Insurance Companies, except that, in the case of Wotkers' Compensation insurance, AppUcant may procure insurance firom the state fimd of the state where work is to be performed; and b. deliver to AT&T certificates of insurance stating the types of insurance and policy limits. AppUcant shall provide or will endeavor to have the issuing insurance company provide at least 30 days advance writtai notice of cancellation, non-renewal, or reduction in coverage, terms, or limits to AT&T. Applicant shaU deliver such certificates: i. prior to commencement of any work; ii. prior to expiration of any insurance policy required in this Section; and iii. for any coverage maintained on a "claims-made" policy, for two (2) years following the term of this Agreement or completion of aU work associated with this Agreement, whichever is later. The Parties agree: a. the failure of AT&T to demand such certificate of insurance or failure of AT&T to identify a deficiency wiU not be constraed as a waiver of Applicant's obligation to maintain the insurance required under this Agreement; b. that the insurance required under this Agreement does not represent that coverage and limits will necessarily be adequate to protect Applicant, nor be deemed as a limitation on Applicant's liability to AT&T in this Agreement; AT&T Project Aerial to Underground Conversion 324596(Rev. 3/15/2011) Construction Agreement Page 6 of 12 c. Applicant may meet the required insurance coverages and limits with any combination of primary and Umbrella/Excess liability insurance; and AppUcant is responsible for any deductible or self-insured retention. 4. The insurance coverage required by this section includes: a. Workers' Compensation insurance with benefits afforded under the laws of any state in which the work is to be perfonned and Employers Liabilify insurance with limits of at least: $500,000 for Bodily bijury - each accident $500,000 for Bodily Injury by disease - policy limits $500,000 for Bodily Injury by disease - each employee To the fiillest extent allowable by Law, the policy must include a waiver of subrogation in favor of AT&T, its affiliates, and their directors, officers and employees. In states where Workers' Compensation insurance is a monopolistic state-run system. Applicant shall add Stop Gap Employers Liabilify with limits not less than $500,000 each accident or disease. b. Commercial General Liabilify insurance written on Insurance Services Office (ISO) Form CG 00 01 12 04 or a substihite form providing equivalent coverage, covering Uabilify arising firom premises, operations, personal injury, products/completed operations, and liabilify assumed under an insured contract (including the tort liabilify of another assumed in a business contract) with limits of at least: $2,000,000 General Aggregate limit; $1,000,000 each occurrence limit for all bodily injury or property damage incurred in any one (I) occunence; $1,000,000 each occunence Umit for Personal Injury and Advertising Injury; $2,000,000 Products/Completed Operations Aggregate limit; AT&T Project: Aerial to Underground Conversion 324596 (Rev. 3/15/2011) Construction Agreement Page 7 of 12 1^ J. $1,000,000 each occunence limit for Products/Completed Operations; $1,000,000 Damage to Premises Rented to You (Fire Legal Liability). The Commercial General Liabilify insurance policy must: i. include AT&T, its affiliates, and their directors, officers, and employees as Additional Insureds. Applicant shall provide a copy of the Additional Insured endorsement to AT&T. The Additional Insured endorsement may either be specific to AT&T or may be "blanket" or "automatic" addressing any person or entify as required by contract. A copy ofthe Additional Insured endorsement must be provided within 60 days of execution of this Agreement and within 60 days of each Commercial General Liabilify policy renewal; u. 111. include a waiver of subrogation in favor of AT&T, its affiliates, and their directors, officers and employees; and be primary and non-contributory with respect to any insurance or self-insurance that is maintained by AT&T. c. Business Automobile Liabilify insurance with limits of at least $ 1,000,000 each accident for bodily injury and properfy damage, extending to all owned, hired, and non-owned vehicles. d. Umbrella/Excess Liabilify insurance with limits of at least $1,000,000 each occurrence with terms and conditions at least as broad as the underlying Commercial General Liabilify, Business Auto Liabilify, and Employers Liabilify policies. Umbrella/Excess Liabilify limits wiU be primary and non-contributory with respect to any insurance or self-insurance that is maintained by AT&T. Warranty. 1. Applicant warrants that that for a period of two (2) years following acceptance of the USS by AT&T, all work and materials to be fiimished under this Agreement: a. shall conform in all respects to the requirements of this Agreement; b. are adequate for the purposes for which they are intended; AT&T Project: 324596 (Rev. 3/15/2011) Aerial to Underground Conversion Construction Agreement Page 8 of 12 c. are fi-ee firom any defects in design, materials, workmanship and titie including, but not limited to, defects that will cause caving or sinking of the Trench, the USS, paving, or other materials. 2. Applicant wanrants that quaUfied personnel will perform all work promptly and with diligence, to AT&T's reasonable satisfaction, and that all work and materials shall be subject to all statutory and express or irripUed warranties. This wananfy shall survive inspection, acceptance, termination and payment. 3. Except as disclosed to and acknowledged by AT&T in writing, AppUcant is not aware ofthe presence of any Hazardous Substance at the locations on tiie Project where AT&T wiU be installing cable and wiring and perfonning wrecking in association with such installations. K. Liens. Applicant and its agents and contractors shall keep the USS free from any statutory or common law lien arising out of any work perfonned, materials fiimished or obUgations incurred by AppUcant, its agents or contractors. In the event a lien is recorded against the USS and it is not removed firom the record within ten (10) days after notice is given by AT&T to Applicant to do so, AT&T shall have tiie right to pay and discharge the lien without regard to whether the Uen shaU be lawfiil, vdid or correct. Applicant shaU, within thirty (30) days after receiving written notice from AT&T, reimburse AT&T for any such claim paid by it. L. Licenses and Easements. Prior to constraction of the Project, Applicant shall, at no cost to AT&T, fiimish AT&T with any and all licenses or grants of easemaits that are necessary to accommodate the Project, including the constraction and maintenance of AT&T's facUities. M. Performance. If Applicant should deftiult in the performance of any work that it is obligated to perform under this Agreement witiiin the time allowed for such work, AT&T may elect, by written notice to AppUcant, to perform the work at Applicant's sole risk and expense and Applicant shall pay to AT&T upon demand AT&T's actual costs for performing the work. N. Damage to Facilities. Applicant and its employees, agents and contractors shall exercise special precaution and care to avoid causing damage to AT&T's facilities in performing work under the Project. Applicant shall assume responsibilify for any and all losses, costs and expenses arising out of, caused by, or in any way connected with AT&T Project: Aerial to Underground Conversion 324596 (Rev. 3/15/2011) Construction Agreement Page 9 of 12 such damages, including consequential damages. Applicant shall immediately report in writing the occurrence of any such damage to AT&T. AppUcant shall, on demand, reimburse AT&T for the entire expense incuned in replacing or repairing the damage. O. Schedule of Work. AT&T shaU not commence detailed engineering of tiie Project prior to receiving a copy ofthis Agreement that has been executed by Applicant. AT&T shaU have its facilities convrated contingent upon mutually acceptable schedules, timely obtaining of permits, licenses and other documents, and not being delayed by those uncontroUable forces described in Section III-Q below. P. Force Maieure. AT&T shall not be held liable to AppUcant for any delay in performance under this Agreement from any cause beyond its control and without its fault or negligence, such as acts of God, acts of dvil or military authorify, govemment regulations, the presence of archeological or historical artifacts or Hazardous Substances on, in, or near the Project, embargoes, epidemics, war, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, floods, strikes, power blackouts, volcanic action, other major environmental disturbances, unusually severe weather conditions, inabilify to secure products or services of other persons or transportation facilities, or acts or omissions of carriers. If any of the foregoing events occur, AT&T agrees, if requestwl by Applicant, to accelerate its efforts hereunder if reasonably feasible in order to regain lost time, so long as AppUcant agrees to reimburse AT&T for the incremental actual costs of such efforts. Q. CompUance With Laws. AppUcant shaU comply with all applicable federal, state, counfy, and local statutes, laws, ordinances, regulations, and codes. Applicant fiirther agrees to comply with all appUcable Executive Orders and regulations, including, but not limited to, those that are attached to this Agreement as Exhibit C. As used in Exhibit C, "Contractor" means Applicant. IV. GENERAL PROVISIONS. A. Assignment. Applicant shall not wholly or partially assign this Agreement witiiout tiie prior written consent of AT&T. AT&T Project: Aerial to Underground Conversion 324596(Rev. 3/IS/2011) Construction Agreement Page 10 of 12 B. Binding Effect. This Agreement shall be for the benefit of and is binding upon the respective successors and assigns of the parties hereto. C. Termination. This Agreement automatically terminates upon completion and acceptance ofthe USS by AT&T. In tiie event of any material default or breach of this Agre«nent by AppUcant, in addition to aU other rights and remedies which AT&T may have at law or in equify, AT&T shaU have tiie inunediate right to terminate this Agreement by giving ten (10) days prior vmtten notice of termination. The notice shall specify the cause of termination and shall give Applicant a reasonable opportunify to cure and conect any such cause. In the event this Agreement is terminated or suspended as provided herein, AT&T shall not be liable to Applicant or any other person or entify for any losses, damages or claims that arise as a result of termination. AppUcant shaU pay to AT&T all costs and expenses incurred by AT&T prior to termination of tfiis Agreement. Any termination of this Agreement in whole or in part shall not release Applicant from any Uabilify or obligation under this Agreement, whetiier of indemnify or otherwise, that accraed or that may be accraing or that arises out of any claim that may have accraed or may be accraing at the time of termination. D. Attorneys' Fees. If any action is brought to adjudicate the rights granted in tiiis Agreement or to enforce any ofthe terms of this Agreement, the prevailing parfy shall be entitled to an award of reasonable attorneys' fees in an amount to be detennined by a court or a tribunal of competent jurisdiction. E. Entire Agreement. This Agreement and tiie Exhibits attached hereto that are incorporated herein by this reference constitute the entire Agreement between the parties with respect to the subject matter hereof AU prior agreements, representations, statements, negotiations and understandings are superseded. F. Independent Contractor. AppUcant and its agents, employees and contractors shall perform all work under this Agreement as independent contractors and not as affiliates, partners, joint ventures, agents, employees, savants or assigns of AT&T. G. Jurisdiction. This Agreement shall be govemed by the laws of the State of Califomia and is subject to the applicable rales, regulations and tariffs on file witfi tiie CPUC. AT&T Project: Aerial to Underground Conversion 324596 (Rev. 3/15/2011) Construction Agreement Page 11 of 12 on H. Notices. All notices and other communications hereunder shall be in writing addressed as follows and shall be deemed given when: delivered in person, delivered to an agent, such as an ovemight or similar delivery service, or tiiree days after being deposited in the United States mail, postage prepaid: City Of Carlsbad AT&T Califomia 1635 Faraday Avenue 7337 Trade St, Rm. 5685 Carlsbad, CA 92008 San Diego, CA 92121 Atten: Brandon Miles Atten: Cindy Getz 1. Waiver and Amendmoit. The provisions of this Agreement shall not be waived, altered, or amended by any representations or promises of any party unless consented to in writing by aU parties hereto. The duly authorized representatives of Applicant and AT&T have executed this Agreement by affixing their signatures on the dates indicated below. CITY OF CARLSBAD PACIFIC BELL TELEPHONE COMPANY By: By:__ Titie: Title: 4«wav /ffc^^j^ <2.Hg- Printed Name: Printed Name: /TUyk 'SiclcJ-e. Date Signed: Date Signed: ^ii</zoi</ AT&T Project Aerial to Underground Conversion 324596 (Rev. 3/15/2011) Construction Agreement Page 12 of 12 53 Exhibite Executive Orders and Associated Regulations AT&T Calirornia and AT&T Nevada, as common earners oT telccomniunicalions services, engoije in work as contractots Tor various departments and agencies of the United States CovemmenL Also, certain lacilities may be constructed pursuant lo federally assisted construction progroms. Because ofthe foregoing, woric under litis contract may be subject to die provisbns of certain Executive Orders, federal laws and associated regulations. To llie extent that such Executive Orders, federal laws and associated regubtions apply lo Ihe woilc under diis contract, and only to that extent. Contractor agrees to comply widi the piovisions of all such ExecuUve Orders, federal laws and associated regulalions as no in Ibice or as nuy be amended in the fiiluie, inchidhig, bul nol limited to Uie following: 1. EQUAL EIMPLOYMEI^OPPORTUNrrY PROVISIONS. In accordance wilh Executive Order 11246. dated September 24, l96S.and4l C.F.R. §60-1.4, Ihe parties incotponMe herein by Uiis reference die regulalions and contraci clauses required by diose piovisions lo be made a part of nonexempt conlracls and subconlracls. 2. CERTinCATION Of NONSEGREGATED FACILrriES. In accordance widi Executive Order 11246. dated September 24, l96S.and41 C.F.R.§ 60-1.8. Contractor certifies dnl it does not and will not maimain or provide br ils employees any fiKililies segregated on die basis of race, color, religion, sex, or national origin at any of ils establishments, and dui it does not and will not pennil its employees lo perfonn dieir services al any locaiion under ils conlrol, where such segregated fiicilities are maintained The term "Eicililies'' as used lietein means waiting rooms, work areas, restaurants and olher eating areas, time ckKks, restrooms, wash rooms, kicker rooms and odier sKnage or dressmg areas, parking kits, drinking fountains, recicalioa or enteitainmenl areas, transportation, and housing fheililies piovided fbr empkiyees, provided that separate or single-user toilet and necessaiy changing ftcilities shall be provkled lo assure privacy between Ibe sexes. Contractor will obtain simitar certifications from proposed subcontradors prkir to die award of any nonexempt subcontract 3. CERTIFICATION OF AFFIRMATIVE ACTION PROGRAM. Contractor certified dnl it has developed and is maintaining an Affirmative Aclk>n Plan as required by 41 C.F.R. § 60-1.40. 4. CERTIFICATION OF FILING. Contractor certifies dot it will file annually, on or before die 31' of March, complele and accurate reports on Standard Foim 100 (EEO-I) or such ibrms as may be promulgated in ils ptace as required by 41 C.F.R. § 60-1.7. 5. AFFIRMATIVE ACTION FOR DISABLED VETERANS AND VETERANS OF THE VIETNAM ERA. In accordance widi Executive Onler 11701. dated Januaiy 24,1973, and 41 CF.R. 60-2S0.2O, dK parties incorporate herein by diii reference die regulatbns and contract clauses required by diose proviskMis 10 be made a port of Govemmem conlracls and subcontracts. 6. AFFIRMATIVE ACTION FOR HANDICAPPED PERSONS. In accoidance widi Executive Order I I7jg, dated Januaiy IS, 1974, and4l C.F.R. §60-741.20, die parties incorporate herein by Uds refeience die regulations and contact ctautes tequired by those proviskins to be made a part of Govenmient coMracts and subcontracts. 7. UTILIZATION OF SMALL BUSINESS CONCERNS AND SMALL DISADVANTAGED BUSINESS CONCERNS. 48 C.F.R.. Ch. I, § 19.740(4) and 19.708(a) requin Uiat die foltowing clause is inchided: Utilitmion of Small Business concerns and SmaU Disadvantaged Business Concerns (Jime, ms) (a) It is die poUcy of die United Stales dnl tmaU business concerns and small business concerns owned aad controlled by socially and cconomkally disadvantaged individuals shall have Ihe maximum pncluable opportunity lo partKVOte in performing conbacts let by md Federal agency, ulchKUng contracts and subcontracts fbr subsystems, assemblies, components, and rehted seivKcs fbr mqjor systems. It is litithec die poUcy of die United Stales Uul its prime contractors establish procedures lo ensure die timely payment of amounts due putsuam lo Uie terms ofUieh- subcomracts with small busuiess concems and small busnwss concerns owned and controlled by socially and eGononiicatly disadvantaged indivkhials. (b) The Contractor hereby agrees to cany out this policy m die awarding of subconbacts lo die fbllesi extern consistent widi efficient contract perfonnance. The Contractor limber agrees to cooperate in any shidies or surveys as may be conducted by die United Stales Small Business Adininistiatioo or die awarding agency of UK United States as may be necessaiy to detennine die extent ofthe Contractoi's compliance wiUi Uiis clause. (c) As used in dus contract die term 'small busmess concern* shall mean a small business as defined pursuam lo section 3 of die Small Business Acl and relevant regulalions promulgated puisuant Uierelo. The term 'small business concem owned and controlled by socially and economkally disadvantaged individuals' shall mean a smaU business concem: (1) Whfch is at least JI percent owned by one or more socially and econoimcally disadvantaged individuals: or, in die case of any publicly owned businesses, at least 51 percent of ttie stock ofwhich is owned by one or more socially and economBally disadvant^ied individuals; and (2) Whose management and daily business operattons are controlled by one or more of such individuals. Tlic Contactor shall presume dial socially and econoroicatly disadvantaged indivnhiab include Black Americans, Hispanic Americans. Native Americans, Asian-Pacific Americans. Asian-Indian Americans and odur minorities, or any oUier indivkluai found to be disadvantaged by die Administralton pursuam lo section 8(a) of die Small Business Act (d) Conlractora acting in good laidi may rely on written leprescnlaltons by Uieir subconboctois reganling Uieir status as eitiier a small business concern or n smaU business concern owned and controlled by socially and econonucally disadvamaged Individuals. Small Business and Small Disadvanlaged Business Siibconlraaliig Phm. Contractor, unless it is a small business concern, as defined in section 3 of die Small Business Act agrees to adopt and comply widi a small business and smaU disadvantaged business subconUacting pian, whtth shall be mcluded in and made a part of Uiis conlract The parties incoiporate herein by Uiis reference die regukitions and conlract ctauses required by 48 C.F.R., Ch. I, §§ 19.704(4) and I9.70g(b) lo be made a part of Government conhacis and subcomracts. 8. WOMEN-OWNED SMALL BUSINE^ES. /Vs prescribed Ul 48 C.F.R., Ch. I.§ 19.902, die foltowingcbuseb inchided in soUcilalions and contacts when Uie coniraci aniount is expected to be over Uw snuH purchase dueshold, unless (a) die conlract is lo be perfonned emirely outskie die United Slates, its possesstoas, Puerto Rico, and Uie Trust Tenitoiy of Uie Pacific Isbmds, or (b) a peisonat services contact is conlemplale: (a) 'Woman-owned small businesses.' as used in Uiis chuise. means businesses diat are at least 51 percent owned by women who are United Stales citizens and who also conlrol and operate die busfawss. 'Control," as used in diis clause, means exercbing Uie power to make poUcy deciskms. "Cerate.' as used in Uiis ehuise. means being actively involved in UK day-to-day management ofthe busuiess. (b) Poltoy. It is die poltoy ofdie Govemmenl to award ciHitracis to concems that agree to perform substantially in bbor surphis areas (ISA's) when diis can be done consistenl wiUi Uie efficient perfomiance of die contract and at prkes no higher dun are obtainable elsewhere. Tlie Contractor agrees to use its best eflbrts to place subconlracls in accordance wiUi diis policy. (c) Order of Preference. In complying widi paragraph (b) above and viridi paragraph (c) of die cfauise of Uiis coMnel entitled Utilization of Small Business Concems and Small Disadvanlaged Business Concems, die Contractor shall observe Uie followmg order of preference UI awarding subcontracts: (I) smaU busuiess concerns tint are LSA concerns, (2) oUier smaH business concerns, and (3) odier LSA concerns. (d) Definitions. 'Labor suiplus area," as used in Uiis cbnise, means a geographtoal area klentified by die Department of Lalxir in acconlance witii 20 CF.R. § 6S4, Subpart A. as an area of concentaied unemptoyment or underempk^menl or an area of labor suiphis. 'Labor surphis area concem," as used in dus cbHse, means a concern dial together wiUi ils first-tier subcontaclors will perform substantially m labor surphis areas. Perfonnance is sidstantially in.labor surplus area if die costs incurred under the contract on accouni of manufiicturing. production, or performance of appropriate setvtoes in tabor surplus areas exceed SO percem of die contact price. Udm Surplus Area Siitxtmlracl Program. (a) See Uie Utilization of Labor Surplus Area Concerns clause of Uiis contact for applicable definitions. (b) The Contractor agrees to establish and conduct a prognun to encourage labor surplus area (LSA) concems to conqiete for subcontacis wiUun dieir capabilities al prices no higher dian obtainable elsewhere. Tbe conlraclor shall- (1) Designale a liaison officer who will (i) mauitam liaison widi audiorized representatives of die Government on LSA matters. (10 supervise compliance widt die Utilization of Labor Surphis Area Concems clause, and (iii) administer die Comractor^ tabor surphis area subcontracting program; (2) Provkle adequate and timely conskleration of die potentialities of LSA concerns ni all make-or-bi^ decistons; (3) Ensure Ual LSA concems have an equitable opportunity to compete for subconlracls, particutarly by arranging soUciUUtons. tune for die preparation of oflera, quantities, specificattons, and delivery schedules so as lo bciUtale the participalioa of LSA concerns; (4) mchde the Utilization of Labor Surplus Area Concems clause m subcontacts that offer substantial LSA subcontracting opportunities: and (5) Marntam records showing (i) die procedures adapted and (iO dw Comractor's perfonnance, to coniply wiUi Uiis clause. The recoids will be kept avaitabto for review by die Govemmenl until die expiration of I year after die award of diis contact or fbr such tonger period as may be required by any oUier clause of Uiis contact or by appltoable taw or regulations. (c) The Coottsctor fiirther agrees to insert in any related subcontract that may exceed SSOO.OOO and Uut contains die Utilization of Labor Suiphs Area Concems clause, terms dut confomi substantially to Uie langiuge of diis clause. mchidNig this paragraph (c), aod to notify die Conbacting Officer of the names of subconlractois. 324596 COSR0027-23.2 MR16B2 ' at&t Estimate of Cost and Authority for Viork Special Construction Charge and Invoice Page 1 of 2 08/25/2014 Customer Request Number: 176592 Project Number Date: 08/22/2014 Customer ID: 104169 Billing Information Billing Party's Name: CITY OF CARLSBAD Phone: (760)602-2780 Billing Address: Contact Name: BRANDON MILES Phone: (760)602-2745 Work Description & PROJECT WILL INCLUDE LAYOUT DESIGN TIME AND INSPECTION TIME FOR UNDERGROUND Engineering Remarics : CONVERSION WORK COMPLETED BY THE CITY OF CARLSBAD. Expenses Amount Engineering Labor $ 4.062.00 Material Cost $ 0.00 Construction Labor $ 0.00 Contractor Cost $ 4.162.00 Salvage Credit $ 0.00 CIAC $ 0.00 Total Estimated Costs $ 8,224.00 Advanced Payment $ 0.00 Total Amount Due $ 8,224.00 OSPE Representative: MICHAEL REYES Title: OSP DESIGN - AND ASSIGNMENT - NETWORK CAPACITY PROVISIONING Phnn««r (858)886-2864 CDSR0027-23.2 -W^ . j. Page 2 of 2 .MR1682- ^at&t AT&TCR : 176592 AT&T Project: Make check payable to: AT&T Retum signed Application with Payment to: AT&T 2700 Watt Avenue, Room 3012 Sacramento. CA 95821 Attn: Debbie Beck APPLICATION FOR CUSTOM WORK - FIXED PRICE BASIS August 25, 2014 CITY OF CARLSBAD ATTN: Mr./Ms. BRANDON MILES DESCRIPTION OF CUSTOM WORK: PROJECT WILL INCLUDE LAYOUT DESIGN TIME AND INSPECTION TIME FOR UNDERGROUND CONVERSION WORK COMPLETED BY THE CITY OF CARLSBAD. CHARGE FOR CUSTOM WORK: FIXED CONTRACT PRICE: $8,224.00 Applicant has asked AT&T to perfbnn ttie above-described custom work fbr which Applicant shall pay AT&T the contract price of Eight Thousand Two Hundred Twenty-Four Dollars And Zero Cents/ $8,224.00 in advance ofthe start of any AT&T wortt. Applicant shall pay for wori< on a "Fixed Price" basis. Thus, the amount quoted above is the amount Applicant will pay for the work regardless of the actual cost of the worit. Charges are computed in accordance with AT&Ts ordinary accounting practices under the Unifbmi System of Accounts for Class A telephone companies and include altocated costs for labor, engineering, materials, transportation, motor vehicles, and toot and supply expenses and corporate overhead loadings, if applicable, a 0 percent tax component collected fbr State and Federal Income Tax purposes in accordance with CPUC decision 87-09-026. The amount of Eight Thousand Two Hundred Twenty-Four Dollars And Zero Cents/ $8,224.00 Is valid for only sixty (60) days and is therefore subject to change after October 24,2014 if AT&T has not received an executed copy of the Appiication and the advance payment by that date. The Advanced Payment Received is $ 0-00 The Total Amount Due is $ 8,224.00 If the applicant cancels the work prior to compietion. Applicant shall pay AT&T for ail costs AT&T has incurred before being notified in writing to cease work. ACCEPTED FOR CUSTOMER: ACCEPTED FOR AT&T: BY; BY: Printed Name: Printed Name: MICHAEL REYES Title- TlUe: OSP DESIGN - AND ASSIGNMENT - . _ NETWORK CAPACITY PROVISIONING Oate Signed: Date Signed: