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Home My WebLink AboutRESO 4850• ~:KJmh 11-14-73-55 ORIGINAL RESOLUTION NO. &a50 A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH THE PACIFIC TELEPHONE AND TELEGRAPH COMPANY LOUIS ROAD UNDERGROUND UTILITY CONVERSION PROJECT UNDERGROUND UTILITY DISTRICT NO. 16 RESOLVED, by the Council of the City of Palo Alto, Californi~, that the Agreement by and between the CITY OF PALO ALTO and THE ·PACIFIC TELEPHONE AND TELEGRAPH COMPANY,, in form this date presented to this Council, be, and it is hereby approved, and the Mayor is hereby authorized and directed to execute said agreement, in dupli- cate, on behalf of the City of Palo Alto, and the City Clerk is hereby directed to attest his signature and affix thereto the offi- cial seal of the City. * * * * * * I hereby certify that the foregoing is a full, true and correct copy of a resolution duly passed and adopted by the counc11·of the City ot Palo Alto, California, at a meeting thereof held on the 26th day of --=N=ov•em==ai:h::o:.er ___ , 1973, by the .ro11.:;wing -;ct~ cf the members thereof: AYES, and in favor thereof, Councilmen: BEAHRS, BERWALD, CLAY, COMSTOCK, HENDERSON, PEARSON, ROSENBAUM, SHER NOF.S, Councilmen: NONE ABSENT" Councilmen 1 NORTON '· ayor : · . Approved: ~~o&ffi _,..,,.;_ .. ' '-1, -~ '. ! .. ---..: ..... .,...-.... , .... L/--- '' , •' .. l tlay of • A G R E E M E N T --------- LiS'!',\~L.'\?IO~: or: co:1~U!':.'$ :ay CI~\' 1,:·i o /\u:for~ rr:;c-r:;"GrE~ $ LOUHi lW.\O ~·nrs AGREE:"-1ENT, made r:ind entered into thi~ ~~~~~~~~~~ , 1973, by and betwe~n CIT'i o::· PALO l\!..'!'O, a ?-::~:i~cipal corpor4l tion, herein.:if ter c"llcd "CI~'Y" and THC p;,cr:rc ?:::LEPHm12 !..:·:D TELE:'.;?..APH co:-IPNJl', he!"cinaf tcr callej W I TN E S S E T JI: t•iHEREAS, the Co~ncil of C!'i'Y has found that the public interest requires that facilities a~d wires used in supplying electric, corr:munication, or similar asscci~ted servic~s shall be placed unde~gro~nd; a~d t·fHEREAS, CI'i'Y is unC.ergrour:ding certain facilities on Louis Road and adjoinir.g easement5 i~ the City of Palo Alto; and WHER2AS, CI?Y is willing to install for C0~·1P,\,;.~Y certjin tile provisions herein; NOii, 'l'HE:H.E?ORE, i:1 co.nsidara tion of their :mu tu.::il cova- ~unts, the partias he=ato agree as follows: l. CITY• 5 P:SRFO.?....'-l.~iCS.. CI'i'Y shall: (a) I~stall in th\? locations a.ncl in the manr:.ar sho-..,rn ~ (Ci~y of P"lo Al~o D=awing EE-037), ~ttuched hereto and ::-~:::=~b~' ~ada a p::!r~ hereof, the conduit5 and splice boxes shown th~re- : :-. :.:: !:>e £or use by Cm1P.\NY; (b) P~rforin all work of excavating, .backfilling, ~:..:: .. ;;:.;:4=.i~.'3', C.isposing of e.:.-:cass spo_il, a:1d restoring surfaces ~3.5:.:.:.at~ with the installu.tion of the cond\.l.its and s9licc boxes I • -2. ·(a) Provide such in.specters at the work site c:is co:~tPANY considers necessary to observe the performance of the wor~ and instruct such inspectors that any contacts with CITY's employees performing the work shall be made only through CITY's inspector on the job except in the absence of the CITY'S inspector or in the case of emergency; (b) Furnish to CIT~ at the I-tunicipal Service Canter, 3201 East Baysho=e Road, Palo Alto, California, the conduits, fittings, and splice boxes to be installed hereunder for use by CO~..PANY i and (c) Pay to CITY, upon completion to CO~lPAflY' s satisfaction of the work to be pe.rforraed hereunder by CITY and within a reasonable time, not to exc~ed thirty (30) days, after receipt by C0!1PA.~Y of CITY's bill therefor, an amount computed in accordance with the flat S\l::t prices listed below for work performed by CITY hereuncer to inst~ll the conduits and splice boxes identified on E~hibit A by the item numbers shown below and which are to be for use by CO!·!PA~;y, which a..."'!lount shall constitute payment in full by CO:-t.PAN"! for such work~ ITE!-1 FLAT SUM ::o. DESCRIPTION PRICC , Install l 4" .:. . Plastic Conduit $ 17 5.00 .;... . Install l -4" Plas~ic Conduit and l -1-1/4" Plastic Conduit 325.00 z. Install l -4" Plastic conduit 100.00 . Install 1 -4" Plastic Conduit 250.00 .,. . -. Install l 4" Plastic Conduit 80.00 .. Install 1 4" Plastic Conduit 55.00 . . Install 1 4" Pl~stic Conduit and 1 -2" Plast.ic Conduit 45.00 a. Install 1 -4" Plastic Conduit SS.CO ';/ . Ins~all l -4" 1-' las t:.ic Conduit 952.00 -------------·----------------------------------·· -- -2- -. ~ 'l'.l'EM • FLAT SUM NO. DESCRIPTION PRICE 10. Install l -4• Plastic Conduit $ 175.00 11. Install l -4• Plastic Conduit 165.00 12. Install l -2 .. Plastic Conduit 125.00 13. lnst.a.ll l -4• Plastic Conduit ~nd .1 -2 .. Plastic Conduit 60.00 !4' Install 2 -4" Plastic Conduits 180.00 l.S. Install 3 -4 .. Plastic Conduits 135.00 16. Install l -4" Plastic Conduit 115.00 17. Install 3 -4" 90° Plastic Bends 45,.00 18. Install 4 -Jl77l Splice Boxes, 10-1/2" x 17 .. x 12" 100.00 19. Install 4 -C69 Splice Boxes, 65" x 35• x 24" 400.00 .... ... 20. Install 2 -C3185 Splice Boxes, 49• x 30" x 24" , 1.00 . 21. Install 1 -K4047 Splice Box, 4 2" x 20" x 12" 75.00 Tota~ $3,802.00 < +.-"~. ,;.,;~~· · · ··~t' quoted flat sum p:iccs i!lcluac .:ill worl: of· cxc~va~ing, !Jdckfillin9, compacting, disposing of excess spoil, and restoring surfaces. 3. COMPANY'S TARIFF. The facilities to be installed for use by COMPANY as .-· ~ on said Exhibit A are for the rep.lacement of aerial communi- :~ . ..ce: .. i~n £acil,tties with underground communication facilities in .. ·~::::.ac:._ . ---~ :.;e with the provisions of sub-paragraph A of Section I :r4 CIJMPANY's Rule No. 32 (Schedule Cal. P.U.C. No 0 36-T) on file ·'_.·.,,, -3- ' ,. i j· I. 1 "°·itll the P\iblic ul.it".es Com.'1\i~sion of the Ate of Californil _ 4. Tl1'LC VESTS IN CO~·l.?.\~IY'. Upon compl~tion to COMPi\i.~Y 1 s satisf~ction of the installa- tio;l of all of the conduits and splice boxes, shown on Exhibit /\ to ue for use by COMPAN~, title to all such conduits and· splice .boxes shall VC?st in C0!11PANY. 5. . HOLD ~iA!l.'.4'.Lt;SS. -.~·"----- Each party hereto shall be responsible for its own acts or omissions of negligence or willful misconduct in connection with t...~e pC?rforz:iance of work hereU;'ldar and shall-save and hold harmless the other party hereto, its officers, agent5, and employees frora any iiability, loss, claims, or suits of any nature whatsoever, including costs and attorney fees, resulting therefrom. 6 • WARR..?\..:.'lTY. Except as otherwise provided in section 5 above, up~n completion to C0~1PANY' s sa ti sf action of the work to be performed by CITY hereunder, C!TY shall have ~o-further responsibility or obligation to CC:·u>A~!" with regard to the conduits and splice boxes installed for use by C0~1PA~Y under this agreement. 7. NON::>ISCRIM!~?ATIO~. No discrim~nation shall be made in the employment of ::;e:::-sons to perior~ the wo:k under this agree.'tlent because of the =~~e; color, natio~a! origi~, a~cestry, or religion of such person. -::::e a-:.tac:::.:Uent e:i.'titled "Exhibi·t -Noiidiscrimination 11 is hereby ::::~e a pa=~ of t.~is agreement insofar as it is applicable to =~~~ared California cities, and as used in the attachment, the -:. ~=::. "Co~tracto:.: •!· ~hall mean CITY OF PALO ALTO. Paragraphs (l,) =-~=:.~~:1 (6) of Appendi~ A issued by the Federal Highway Adminis- ~=~~:= of the Bureau of Public Roads pursuant to Title VI of the =:.:-: .:..l Ri;~ts Ac::. ot 1964 anc tne regulations tnereum.!er are hereby t.:> chc:irtcred caE.fornia cities. -4- " ,. ' .... ·1 .. --. B. COMP~~~Y certif ie3 that none of its of£icaro or employees has any financial interest under this agreement prohii..>ite<l by Section 1090 of the California Government Code. It is expressly agreed, in the performance of the services hereunder, t~ut each· party shall at all times be considered an independent contracto= o:: the other party and not an agent or· employee of the other party. IN WITm::ss ['/HEREOF, the parties he!:'eto have caused this agreement to be executed the day and year first above written. ATTEST: City Clerk APPROVED AS TO FORM: Sr. Assistant City Attorney APPROVED: City Manager APPROVED: Assistant City Manager APPROVED AS TO CONTENT: Chief Electricul Engineer APPROVED: City Controller CITY OF PALO ALTO By Mayor THE PACI~IC TELEPHONE Ai'JD TELEGR.'\PH COMPANY By Department Manager-Customer Facilities // -5- .; ;; . • .. • EXHillIT NONDISCRIMINJ\TION A. Certification of Nonsegregated Facilities The Contractor hereby ccrtif ics that he does not and will not maintain any facilities he provides for his employees in a segregated manner, or permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The Contractor understands and agrees that segregated facilities mean those which are segregated by his written or oral policies or ~re :i.r:. fact scgregat~ on-the basis of r"'ce, religion, color or national origin because of habit, local custom or otherwise. The Contractor· further understands and a~rees that facilities include waiting rooms, work areas, restaurant an~. other eating areas, time clocks, rest rooms, washrooms~ locker ro"ms, and other storage or dressing areas, parking areas, drinking ~ountnins, recreation or entertainment areas, transportation and housing facilities provided for employees. . · The Contractor underf:itands and agrees ·that a breach of this certification is a violation of the equal opportunity clause required by Executive Order 11246 and subsequent amendments. ·; B. Equal Ot:-portttni t~ It is hereby agreed th~t the follo._d~s p=o\?!.::::..ons ~~~ made n part of this contract or any contract which may be entered into L:-rc::.f.tcr between Contractor and The Pacific Telephone and Telegraph ~o:'. ~ .:~::-'.·:hich are not exe.-npt from Executive Order 11246 and subsequent ordc:s a:ic amendments and the regulations thereunder. This agreement shall be valid for .'this calendar year or the period of this agreement whichever of these is the later in time. 1. The Contractor will not.discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees aro treated during employment, without regard to their race, color, religion, sex or national origin. ·Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or ter- mination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, not.~.Ct."'S to ·he provided by the cont~acting officer setting forth the provisions of this nondiscrimination clause. 2. The Contractor will, in :&.:a.l solicitations or advertisements for employees placed by or on boh~_li of the Contractor, state that all au3lificd aoplicants will receive consideration for employment without:. regard to race, color, religion, sex or national origin. 3; The Cbntractor will sen4 to ·each l~bor union or representative of workers with which he h~s a collective bargaining agreement or other contract or undcrstnnclin9 a notice to be provided· by the agency contracting officer, advising the· .labor union or · (G-70) -1- • • • • • workers• representative of the Contractor's commitments under section 202 of Executive order 11246, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Contractor will comply with all provisiono of Executive Order 11246, and of-the-r~le~, regulations and relevant orders of the Secretary of Labor·. - . --------5-.----The Contractor will furnish all information and reports required by Executive Order 11246 and by_~he rules, r~qulations and ordcr~·-of the Secretary of Labor I or pursuant thereto, and will per- mit access to his books, records and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compli~nce with such rules, regulations and orders. . 6 • ln the event of the Con tractor• s noncompliance with th~ ----. -.. -. nondiscrimination clauses of this contract or witr ar.y of such rules, regulations or orders, this contract may be canceled, terminated or .:-:::------suspended i'1 whole or in part and the Contractor may be declared ineligible 'for further contracts in accordance with procedures 1 .•..... .. a\ithorized in Executive.· Order 11246, Dnd such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 or by rule, regulation or order o~ the Secretary of Labor, or as otherwise provided by law. 7. The Contr~ctor_will include the provisions of Paragraphs (1) thro~gh (7) in· e".'ery subcontract or purchase order unless cxe~r>ted by rules, regulations or orders of the Secretary of Labor issued pur- suant to Section 204 of Executive Order 1124 6, . so ~'1at such provisions will be binding upon each subcontractor or vendor.· The Contractor will take such action ~ith respect to any subcontract or purchase order as the contractin'g agency may direct as a means of enforcing such provisions including sanctions for noncompliance: provided, however, that in the event the Contractor becomes involved in, or is threatene4 with-,--""'Ii°t"fg~ation with a subcontractor or vendor as a result of such direction by the contracting agency, the ~ontractor may request the United Stat.es to enter into such litigation to protect the in- terests of the Unite~ 5-t-::-t-~~-- --:.-..:__ ------=---=------=. . < . '. (6-70) -2- 'l t