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HomeMy WebLinkAbout1997-07-07 City Council (30)City 7 City of Palo Alto Manager’s Report TO:HONORABLE CITY COUNCIL FROM:CITY MANAGER DEPARTMENT: UTILITIES AGENDA DATE: SUBJECT: July 7, 1997 CMR:318:97 APPROVAL OF THE SPECIFIC JOINT PARTICIPATION AGREEMENT WITH PACIFIC BELL TO INSTALL FUTURE SUBSTRUCTURE ALONG FOREST AVENUE BETWEEN THE 700 AND 900 BLOCK REQUEST This is a request for approval of a Specific Joint Participation Agreement with Pacific Bell for installation of future electric substructure along Forest Avenue between the 700 and 900 block. RECOMMENDATIONS Staff recommends that the Council approve and authorize the Mayor to execute the attached Specific Joint Participation Agreement, including payment of the City’s portion of the work which is estimated to be $125,000. POLICY IMPLICATIONS Approval of this request is consistent with existing policies. EXECUTIVE SUMMARY Backffound~. On May 19, 1997, staff received approval to proceed with engineering on a joint construction project with Pacific Bell (CMR:243:97) to install future electric substructure between the 700 and 900 block of Forest Avenue (see attached map). Engineering is now completed, and Pacific Bell is soliciting bids from contractors to install the substructure. Construction is scheduled to begin in mid-July 1997. To take advantage of the economics of joint use of trenches, the City and Pacific Bell executed a master agreement in 1975 (amended in September 1990) for participation,i~joint underground construction projects. This agreement, however, limits the expenditure_t6 $25,000 per project. Whenever the amount involved in a project exceeds $25,000, a specific supplementary ¯ agreement is needed. CMR:31,~:97 Page 1 of 2 The supplementary agreement references the master agreement for general terms and conditions and requires, when the work is contracted, the use of the exact unit prices quoted by the contractor to determine the costs shared between the utilities. Accordingly, Pacific Bell, who will administer the contract for this project, will bill the City on the basis of prices quoted and terms agreed upon in Exhibit "A". FISCAL IMPACT A Budget Amendment Ordinance (BAO) was approved by Council on June 2, 1997, (CMR:261:97) to increase the Electric Fund Customer Design/Connection Capital Improvement Project No. 8928 to cover the costs of this joint construction project. ENVIRONMENTAL ASSESSMENT This project is exempt from the provisions of the Califomia Environmental Quality Act (CEQA) pursuant to sections 15302 (replacement of existing facilities) and 15303 (minor new construction) of the CEQA guidelines. ATTACHMENTS Attachment A - Specific Agreement Attachment B - Map of project site PREPARED BY: Patrick Valath and Tomm Marshall ED;~T¢~ J. 1VI~IZE~K Direo~or of Utilities CITY MANAGER APPROVAL: HARRISON Assistant City Manager. CMR:xxx:97 Page 2 of 2 SPECIFIC AGREEMENT FOR JOINT PARTICIPATION INSTALLATION OF UNDERGROUND FACILITIES SYSTEM 700 thru 900 Block of Forest Avenue THIS AGREEMENT, made and entered into this day of , 1997, by and among PACIFIC BELL, a California corporation, hereinafter called "COMPANY, and the CITY OF PALO ALTO, a municipal corporation hereinafter called "CITY": W I T N E S S E T H: WHEREAS, CITY, and COMPANY on September 24, 1990 entered into an agreement (Contract No. MD-723) entitled "AMENDED MASTER AGREEMENT FOR INSTALLATION OF UNDERGROUND FACILITIES SYSTEMS BY AND AMONG THE CITY ~OF PALO ALTO, PACIFIC BELL AND CABLE COOP (LESS THAN $25,000.00)" which agreement provided for joint participation in the installation of underground facilities systems, subject to CITY’S Council approval where CITY’S share of cost will exceed Twenty-Five Thousand Dollars ($25,000); and WHEREAS, it is necessary for COMPANY to open trenches in the area of the City of Palo Alto in connection with Project #.PI- 1509Q; and ~ WHEREAS, COMPANY will act as the Trenching Agent under the master agreement and CITY desires to have installed in the open trenches certain of their own underground facilities the share of which ins~allation costs will exceed Twenty-Five Thousand Dollars ($25,000) ; NOW, THEREFORE, the parties hereto agree as follows:- SECTION I. COMPANY agrees to act as Trenching Agent to install, or have installed, certain underground facilities to be used exclusively or shared by and among CITY, and COMPANY in connection with the Project. The extent and location of such facilities shall be agreed upon by the authorized representatives of the parties hereto prior to such installation. CITY agrees to reimburse COMPANY for the costs of such installation in accordance with the terms set forth in Exhibit "A" (Terms of Agreement). This is a separate agreement approved by CITY’S Council as contemplated by Section 2 of Contract No. MD 723, and the terms and conditions of Contract No. MD 723 entitled, "AMENDED MASTER AGREEMENT F6R INSTALLATION OF UNDERGROUND FACILITIES SYSTEMS BY AND AMONG THE CITY OF PALO ALTO, PACIFIC BELL AND CABLE COOP (LESS THAN $25,000.00)," dated September 24, 1990, among CITY, CABLE COOP and COMPANY including any future amendments thereto, are hereby incorporated by reference into this agreement.A copy of Contract No. MD 723 is attached hereto as Exhibit "C". IN WITNESS WHEREOF, the parties have caused this agreement to be executed the day and year first above written. ATTEST:CITY OF PALO ALTO City Clerk APPROVED AS TO FORM: Sr. Assistant City Attorney APPROVED: Mayor City Manager Director of Finance Director of Utilities EXHIBIT "A" 700 to 900 Block of Forest Ave. UNDERGROUND SUBSTRUCTURE INSTALLATION TERMS OFAGREEMENT no B o CONSTRUCTION CONTRACT (See attached bid items for breakdown of cost estimate.) All bid~items solely for the CITY use shall be charged 100% to the City. o ° All bid items solely for the COMPANY use shall be charged 100% to the Company. All joint trench bid item costs will be determined using a space/cost allocation formula, which divides the minimum trench area required for each trench occupant individually by the sum of the minimum trench areas for all occupants. Pavement and surface restoration over joint trench shall be shared equaily by the number of occupants in the trench. All optional bid items, whenever used, shall be charged .individually or jointly depending on how the items are used. Cost of compaction testing shall be shared equally by the number of occupants in the trench. _ BID PACKAGE PREPARATION AND CONTRACT ADMINISTRATION Four percent (4%) of CITY’S share of actual cost of construction shall be added to CITY’S cost for bid package and contract administration performed by COMPANY staff. C:\wPDoc\PACBELL\AGRFORST.SPE APPROVED AP.R 19.97 Thl ENGR. MANAGER ENGR PEV DRAWN P~D CHECKED PEV PROPOSED PA CBELL CONDUIT INSTALLA TION ALONG FOREST AVE. REV DATE DESCRIPTION CITY OF PALO ALTO CALIFOKNIA APPR WORK ORDER DRAWING NO.