HomeMy WebLinkAbout1986-06-24; City Council; Resolution 86271
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RESOLUTION NO. 8627
A RESOLUTION OF THE CITY COUNCIL OF TEE CITY
OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT
BETWEEN THE CITY OF CARLSBAD AND PACIFIC BELL
FOR TRENCHING AND CONDUIT INSTALLATION ON
COLLEGE BOULEVARD
WHEREAS, the City of Carlsbad will construct trenches for
telephone lines and install telephone conduits on College
Boulevard; and
WHEREAS, Pacific Bell will perform inspection for
trenching and telephone conduit installation; and
WHEREAS, Pacific Bell is required to reimburse the City
$18,400.60 upon completion of the conduit installation,
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 an agreement between the City of Carlsbad and
Pacific Bell for the trenching and telephone conduit
installation, a copy of which is hereto marked Exhibit "D" and
made a part hereof, is hereby accepted.
3. That the Mayor of the City of Carlsbad is hereby
authorized and directed to execute said agreement for and on
behalf of the City of Carlsbad.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the
Carlsbad City Council held on the 24th day of June I
1986 by the following vote, to wit:
AYES: Council Members Casler, Lewis, Kulchin, Chick and Pettine
NOES : None
ABSENT : None
ATTEST:
-1 aQ;t&, A, c- u_
ALETHA L. RAUTENKRANZ, City Clerk
(SEAL)
April 23, 1986
City of Carlsbad
1200 Elm Avenue Carlsbad, CA 92008
PAC1 Fl C BE LL 0
Attention: Pat Entezari
This is to confirm the arrangements made between The City of Carlsbad (nApplicant") and Pacific Bell ("Pacific") for providing telephone service to your project College Boulevard Improvements, Assessment District 85-2, by
means of underground facilities.
The applicant hereby agrees to the following conditions:
1.
2
3.
4.
The applicant shall provide positions in trench and will place
substructures for Pacific's use as specified in the drawings of
Pacific's job number DB(19)1365R.
The cover over telephone facilities must be in accordance with the
specifications on Pacific's attached drawings. Minimum cover in all
cases should not be less than 24" below finish grade unless
otherwise specified on drawings.
The applicant shall excavate, backfill and compact the trench in
accordance with the specifications of the City or County that has
jurisdiction over the project.
The applicant shall notify Pacific at 619-560-4171, at least fifteen
(15) working days in advance of starting trenching so that Pacific aay coordinate the placing of its facilities with other operations.
The applicant further agrees that trenching will begin on or before
October 23, 1986, and will be completed on or before January 23,
1987. If the applicant cannot complete trenching within said time
period, Pacific ray at its sole option terminate this contract and
bill the applicant for all engineering costs incurred by Pacific.
Pacific shall incur no liability as a result of such termination.
In order to prevent damage to Pacific's facilities, the applicant
shall provide supervision over and coordination between the various
contractors working within the project until said facilities are
ready for service and tested by Pacific.
It is rectnwended, in order to reduce the possibility of damage to Pacific's facilities, that the placement of these facilities be
deferred until sewer and water utilities have completed their
installation.
"EXHIBIT D "
5. Provide conduit (equipped with pull line) as the underground
supporting structure and trench for service connection facilities
within the interior boundaries of all lots, from property line to
the riser protection conduit at the foundation, at no cost to
Pacific. must be placed and sized as shown on Attachment A. Conduits
6. Prior to the commencement of any work to be performed hereunder, or
at a mutually agreed time thereafter, the applicant shall grant Pacific all necessary easements for Pacific's communication facilities the specified locations and in a form satisfactory to Pacific.
in
7a. The applicant agrees to submit a final bill to Pacific no later than
fortyfive (45) days following acceptance of the work as outlined
herein. Notwithstanding the above, if YaciPic does not receive a bill the applicant within ninety (90) days of said acceptance,
Pacific will consider the account settled and all conditions of this
contract and Pacific shall not be liable to the applicant
for the payment referred to in paragraph 7b below. Billing should
specify the location of the trenching work by street address or
other reasonable identification and should refer to Pacific's job
number DB(19)1365R.
from
fulfilled
All bills should be mailed to:
Pacific Bell - Joint Trench
7337 Trade Street, Room 5446
Sa Diego, CA 92121
Attention: Engineer, R. J. Levin
7b. Said bill shall be based on the cost of Pacific's conduit and/or
Pacific's share of trench as specified by the applicable tariff on
file with the California Public Utilities Commission. The estimated
amount to be reimbursed by Pacific is based upon the following
estimated footages and established schedule of rates.
20,208 feet of 4" PTS 77 conduit with
3/8" pull line placed and associated
fittings and 0 bends =
3/8" pull line. placed and associated
fittings and 0 bends =
$17,176.80
569 feet of 2" PTS 66 conduit with
278.80
945.00 7 Manholes with frame & cover
For the total sum of: $18,400.60
7c. It is also understood and agreed that developer is responsible for
buying and placing all manholes complete with hardware on this
project. They will also true tape duct lengths and leave 3/8" pull line as required by Telco Inspector.
8. In the event Pacific is required by the applicant to make
significant changes in the drawings referred to in paragraph 1
above, the applicant shall pay Pacific for any additional
engineering costs resulting therefras at Pacific’s current loaded
labor rate.
9. Applicant shall perform all the work specified hereunder and my
amendments hereto in a good and skillful manner and the work shall
be free fraa faulty or defective workmanship. All material furnished by applicant shall be free from defects. Applicant shall
immediately, upon notification from Pacific, remedy, repair or
replace without cost to Pacific and to the satisfaction of Pacific’s representative, and to the satisfaction of governmental official having jurisdiction, all defects, damrages or imperfections,
including, not limited to caving, sinking or settling which may appear in the work within a period of two (2) years after the date
of final ccmpletion and acceptance of the work by Pacific. Pacific
shall exercise reasonable diligence to discover and report to
applicant, as work progresses, all unsatisfactory material and
worhship furnished by applicant. In emergencies or due to
applicant’s inability, refusal or neglect to do so, Pacific shall
have the right to correct such defects and applicant shall reirburse
Pacific for the costs thereof within ten (10) days after receipt of a bill therefor. Neither acceptance of the work by Pacific nor
payments to applicant hereunder shall relieve applicant of these
obligations. All equipment and tools furnished by applicant shall be in good and serviceable condition and shall be capable of
performing the work in an efficient manner.
but
10. If trench is closed without inspection by Pacific, potholing say be
required at Pacific’s discretion to verify that all specifications
have been met. All potholing will be done at applicant’s expense.
11. When the applicant has placed to Pacific’s satisfaction the
underground supporting structures for which reimbursement is
specified in paragraph 7 above, ownership thereof, including the
materials supplied by the applicant, will be vested in Pacific.
12. Be advised that working telephone service cannot be provided for
approximately ninety (90) days after the work is completed. This
would include final grading, conduit with pull lines, and enclosures
placed as specified.
13. The applicant shall indemnify Pacific and ssve it harmless from all loss or liebility of any character whatsoever, including damage to
Pacific’s facilities, arising directly or indirectly out of or in
connection with the work performed by the applicant hereunder, its
contractors, aployees, agents or permittees.
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14. Applicant shall, until acceptance of the work by Pacific, maintain
in full force and effect the following insurance with insurance
carriers authorized to do business in California.
(a) For work in California, Worker’s Compensation Insurance in
compliance with all Worker’s Compensation Laws of the State of
California, or in lieu thereof, to have become a qualified
self-insurer of Worker’s Compensation benefits.
(b) Products and Completed Operations Insurance.
(c) Comprehensive Liability Insurance, including automobile which
shall protect applicant from any claims for bodily injury to or
death of any person or persons, and for damage to or
destruction of any property which may arise from work performed
hereunder, and which does not exclude explosion, collapse, or
underground property damage hazards. Said Comprehensive
Liability Insurance shall also provide contractual liability
coverage with respect to liability assumed by applicant
hereunder. Furthermore, said Comprehensive Liability Insurance
shall protect applicant against any liability which applicant
may incur (a) on account of bodily injuries to or the death of one person and consequential damages arising therefrom, to the
extent of not less than $500,000 and on account of bodily
injuries to or the death of more than one such person and
consequential damages arising therefrom as a result of any one
occurence, to the extent of not less than $100,000; (b) on
account of damage to any property, other than Pacific’s
property occupied or used by or in the care, custody or control
of applicant, to the extent of not less than $250,000 for each accident and $500,000 aggregate; or in lieu of (a) and (b); (c)
a combined single limit on account of both bodily injuries and
property damage of not less than $1,000,000. Such insurance
shall include Pacific as Additional Insured; be primary
insurance to the full limits of liability herein before stated
and should Pacific have other valid insurance, Pacific
insurance shall be excess insurance only; and include a severability of interest clause worded substantially as
f 01 1 ows :
“The insurance afforded applies separately to each insured
against whom claim is made or suit is brought, but the inclusion hereunder of more than one insured shall not operate to increase the limits of the insurance carrier’s
liability. The inclusion of any person or organization as
an shall not affect any right that such person or
organization would have as a claimant if not so included”.
insured
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15. Applicant hereby declares and agrees that applicant is engaged in an
independent business and will perform its obligations hereunder as
an independent contractor and not as the agent, employee or servant
of Pacific; that applicant has and hereby retains the right to
exercise full control of and supervision over the applicant's
performance of applicant's obligations hereunder and full control
over the employment, direction, compensation and discharge of all
employees assisting in the performance of such obligations; that
applicant will be solely responsible for all matters relating to
payment of such employees, including compliance with social
security, withholding and all other regulations governing such
matters; and that applicant will be responsible for applicant's own
acts and those of applicant's subordinates, employees, agents and
subcontractors during the performance of applicant's obligations under this contract. In the performance of the work hereunder,
applicant shall not employ any person who is a full-time or
part-time employee of Pacific.
16. The attachment entitled "Exhibit-Executive Orders and Associated
Regulations" is hereby made a part hereof. As used in the Exhibit,
"Contractors" shall mean the applicant. Those orders and regulations applicable as indicated in the attachment are
incorporated by reference herein.
Please sign and date the duplicate copies of this letter to indicate your
agreement with all terms and conditions of this contract and return two
signed copies in the enclosed envelope. If you have a question or any change
of plan, please call R. J. Levin on 619-586-3813.
Sincerely,
Sk'dW
,&%J. L. Singh
District Manager u San Diego North Engineering District
Enclosures
AGREED :
SIGNATURE APPLICANT'S AUTHORIZED mPFESENTATIVE
MARY H. CASLER, Mayor June 25, 1986
NAME, TITLE, AND DATE (PLEASE PRINT)
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