HomeMy WebLinkAboutStaff Report 272-08of Palo Alto
City Manager’s Report
7
TO:HONORABLE CITY COUNCIL
FROM:CITY MANAGER DEPARTMENT: UTILITIES
DATE:JULY 7, 2008 CMR: 272:08
SUBJECT:APPROVAL OF MASTER AGREEMENT FOR INSTALLATION OF
UNDERGROUND FACILITIES WITH PACIFIC BELL TELEPHONE
COMPANY dba AT&T CALIFORNIA AND COMCAST OF
CALIFORNIA IX, INC.
RECOMMENDATION
Staff recommends that Council approve theattached master agreement for installation of
underground facilities, in the City of Palo Altoby and among theCity of Palo Alto, Pacific Bell
Telephone Company dba AT&T of California and Comcast of California IX, Inc.
BACKGROUND
On September 24, 1990, the City of Palo Alto, Pacific Bell and Cable Coop entered into an
agreement for joint installation of underground facilities used to supply services to new
prospective customers. The purpose of the agreement was to lower the cost for trenching and to
minimize the inconvenience caused by multiple contractors trenching to a single customer. The
agreement was based on work to be done by either the City or the telephone company’s own
forces, and that each party would supply the material necessary to install its own system. When
any one party retained a contractor to install a system, it was necessary to execute a separate
agreement. This agreement also limited the cost of installing any single system to $25,000 for
labor, whether the system was installed by the City or the telephone company.
Staff has been in negotiation with AT&T and Comcast to update the master agreement. Comcast
during the cable TV transfer in 2000 acquired the rights from AT&T Broadband dba Pacific Bell
Telephone Company, which received the rights of Cable Coop by assignment. The new master
agreement is now between the City, AT&T and Comcast. It also increases the threshold limit for
any single system from $25,000 to $85,000. With the adoption of Ordinance No. 4827 (June 7,
2004), Chapter 2.30 of the Palo Alto Municipal Code has been amended to increase the original
$25,000 threshold for contract construction limit to $85,000. Also attached to the master
agreement is an addendum template that would be applicable to future Underground Utility
Districts (UUDs). This addendum will be executed between the City, AT&T and Comcast and
approved by City Council prior to beginning any construction work in future UUDs.
CMR: 272:08 Page 1 of 2
POLICY IMPLICATIONS
This recommendation is consistent with the Council-approved Utilities Strategic Plan to invest in
utility infrastructure to deliver reliable service. The project fm-thers Progq’am L-80 (the
continuation of Citywide underga’ounding of utility wires) of the Comprehensive Plan.
ENVIRONMENTAL REVIEW
This project is categorically exempt from the California Environmental Quality Act under
California Public Resources Code Section 15302(d) (conversion of overhead electric utility
distribution system facilities to underground).
ATTACHMENT
A: Master Agqeement
PREPARED BY:
PATRICK VALATH
Sr. Electric Project Engineer
REVIEWED BY:
~’OMM MARSHALL
Assistant Director of Utilities Engineering
DEPARTMENT HEAD:
CITY MANAGER APPROVAL:
VALERIEIFQNG
Direct°r °t~’Utiiiti/es ?~.
STEVE EMSLt/E,/KELIi~ MO~U
Deputy City Managers
CMR: 272:08 Page 2 of 2
ATTACHMENT
MASTER AGREEMENT FOR INSTALLATION OF UNDERGROUND FACILITIES
IN THE CITY OF PAL0 BY AND AMONG THE CITY OF PAL0 ALTO,
PACIFIC BELL TELEPHONE COMPANY DBA AT&T CALIFORNIA,
AND COMCAST OF CALIFORNIA IX, INC.
THIS KLASTER AGREEMENT FOR INSTALLATION OF UNDERGROUND
FACILITIES IN THE CITY OF PAL0 ALTO (~Master Agreement"), is made
and entered into, , by_ and among THE_ CITY
OF PAL0 ALTO, a California municipa! corporation ("City"), PACIFIC
BELL TELEPHONE COMPANY, a California corporation, doing business
as AT&T CALIFORNIA ("AT&T"), and COMCAST OF CALIFORNIA IX, iNC., a
California corporation ("Comcast"), individually "Party" and
collectively ~Parties", in reference to the following facts and
circumstances:
RECITALS:
i. Chapter 12.16 of the Palo Alto Municipa! Code
("Chapter 12.16") requires the replacement of aeria! facilities
with underground facilities within Palo Alto whenever the City
elects to create an underground utility district (~UUD"), and
requires all facilities and wires used in supplying electric,
communication or similar associated service to be placed
underground in order to promote and preserve the health, safety
and general welfare of the public.
2. The Parties periodically open trenches in the
public rights-of-way in Palo Alto to replace a!l or a portion of
their aeria! electric and communication facilities with
underground facilities.
3. Consistent with Chapter 12.16,in the past the
Parties have collaborated in the placement of their utility
facilities underground by executing a master agreement, amended
master agreements, and agreements dealing with specific UUDs where
the City’s construction costs will exceed $25,000. With the
adoption of Ordinance No. 4827 (June 7, 2004), Chapter 2.30 of the
Palo Alto Municipa! Code has been amended, to provide that the
$25,000 threshold is now $85,000. The Parties agree that this
Master Agreement and the various Addenda to this Master Agreement
wil! apply to ~JDs, and extend to construction projects each
costing the City in excess of $85,000.
4. The Non-Trenching Parties desire to authorize the
Trenching Agent to engage in trenching and placement of their
respective underground facilities in the public rights-of-way and
in private property in Palo Alto to the extent of any permission
obtained. The Non-Trenching Parties intend to pay the Trenching
071102 syn 0072416
Agent for their respective share of the construction project costs
incurred by the Trenching Agent to the extent this obligation is
not inconsistent with applicable California law.
5. AT&T declares that its Master Agreement obligations
to locate its aerial facilities underground are subject to and
governed by Rule 32.A.I of AT&T’s tariff (Schedule Ca!. P.U.C. No.
A2) ("Tariff") that is on file with the California Public
Utilities Commission.
AGREEMENT
IN CONSIDER~_TiON OF the following mutual covenants,
terms and conditions hereof, the Parties agree:
SECTION i.Definitions.
For the purpose of this Master Agreement and any
Addendum hereto, the following definitions shall apply:
i.I "Non-Trenching Parties" means the Parties who are
not the Trenching Agent.
1.2 "Project" means the construction and installation
of the Underground Facilities.
1.3 "Underground Facilities" include, but are not
limited to, conduits, splice boxes, hand holes, manholes, service
boxes and related equipment owned by the Parties.
1.4 "Trench" and "Trenching" include, but are not
limited to, boring, excavating, backfilling, compacting, and, as
necessary, breaking and replacing pavement, sidewalks, driveways,
curbs and gutters, and restoring all other surface features
disturbed by underground construction, including landscaping.
1.5 "Trenching Agent" means the Party selected to
perform the duties described in Section 4 of this Master
Agreement.
SECTION 2.Term; Termination.
2.1 This Master Agreement shall commence upon its
execution by the Parties and shall continue in full force and
effect until a Party gives sixty (60) days’ prior written notice
of termination to the other Parties. The term of any Addendum
shall continue until the substantial completion and unqualified
acceptance of the Project by AT&T and Comcast, in writing, has
occurred.
071102 syn 0072416
2.2 in the event of a material default or breach of
this Master Agreement by a Party, a non-defaulting or non-
breaching Party may terminate this Master Agreement or suspend its
obligations hereunder by giving thirty days’ prior written notice
of termination or suspension to the defaulting or breaching Party.
The notice must specify the ground or grounds for termination or
suspension and provide the defaulting or breaching Party with at
least thirty (30) days to cure the alleged default or breach. The
termination or suspension wil! not become effective, if the
defaulting or breaching Party cannot substantially cure within the
thirty-day period but nevertheless has commenced curing within the
thirty-day period and continues to make all reasonable efforts to
completely cure the default or breach within this time period.
SECTION 3.Project Coordination.
3.1 Within thirty (30) days of the execution of this
Master Agreement, each Party shal! designate and provide by
written notice to the other Parties the names of one or more
individuals who are duly authorized to represent and bind that
Party in the exercise and performance of its rights and
obligations under this Master Agreement and any Addenda hereafter
entered into by the Parties. Any Party may change its
representative’s designation at any time upon providing to the
other Parties reasonable written notice.
Agent.
SECTION 4.Rights and Obligations of the Trenching
4.1 The Trenching Agent shall prepare and deliver to
the other Non-Trenching Parties a notice of intention to open a
Trench in Palo Alto and invite the joint participation of the Non-
Trenching Parties therein.
4.2 The Trenching Agent will prepare or cause the
preparation of all documents necessary to the design, construction
and installation of the Underground Facilities, including but not
limited to, the Project’s plans and specifications, the bid
solicitation document, and the construction contract.
4.3 The Trenching Agent will award a contract for the
construction, installation and placement of the Parties’
respective aerial facilities in underground locations in the
public rights-of-way and, as requested, in private property
locations. The award must comply with laws applicable to
competitive bidding for public works construction projects and the
contract budget. The right to enter the private property for the
purposes of this Master Agreement must be secured.
07! 102 syn 0072416
4.4 The Trenching Agent wil! install or cause to be
installed certain Underground Facilities to be used exclusively by
a Party in connection with the Project.
4.5 The Trenching Agent will inform the Non-Trenching
Parties of the proposed !ocation of Trenching, the approximate
time of the opening, and the offer to perform the construction,
installation and placement of Underground Facilities in Palo Alto.
4.6 The Trenching Agent will solicit the Non-Trenching
Parties’ comments and suggestions in regard to the construction,
installation and placement of their separate facilities in
underground locations. These comments and suggestions will be
incorporated in the Project’s plans and specifications as the
Trenching Party deems appropriate and practicable.
4.7 In calculating and allocating the Project’s
construction costs, the Trenching Agent shal! determine whether
the construction, installation and placement wil! be performed by
a general contractor who is selected by a competitive bidding
process, the Trenching Agent’s force account, or other contractua!
arrangement based on time and materials, as more fully described
in Exhibit "A", Supplementa! Terms of Agreement.
4.7.1 if the installation will be performed by force
account, the Trenching Agent must provide the Non-Trenching
Parties with no less than four (4) days’ prior written notice of
the proposed installation date.
4.7.2 If the Trenching Agent damages the facilities
to be installed on behalf of one of the Non-Trenching Parties, the
Trenching Agent will (i) notify the affected party immediately by
telephone and fax, and (ii) replace the same promptly at its cost.
4.7.3 The Trenching Agent will calculate all
material and labor costs in accordance with any Price List,
attached hereto as Exhibit "A" and made a part hereof.
4.8 If the City is the Trenching Agent, then in
accordance with Section 2.30.!00(e) of the Palo Alto Municipal
Code, the City must secure the prior approval of the City’s
Council whenever the City’s share of the construction and other
related costs will exceed eighty-five thousand dollars ($85,000).
4.9 Except as specified in the drawings or the
Project’s plans and specifications or otherwise noted herein, each
Party shall secure or otherwise independently verify its ob~ right
to use the public rights-of-way in which its facilities wil! be
placed. The Trenching Agent wil! secure a!l necessary permits to
071102 syn 0072416
instal! the System and each Party’s facilities comprising the
System in the public rights-of-way and in any private property.
4.10 The Trenching Agent will timely perform and
complete a!l excavation, backfil!, compaction, disposal of
unwanted soi!, and restoration of surfaces associated with the
installation of the System, unless the Parties otherwise agree.
The Trenching Agent sha!l select the individuals inspecting the
Project construction, except in emergencies.
4.11 A copy of the Certificate of Completion or
Certificate of Substantial Completion will be delivered to the
Non-Trenching Parties with the billing statement or as soon
thereafter as practicable.
SECTION 5.
Trenchinq Parties.
Rights and Obligations of the Non-
5.I The Non-Trenching Parties must each respond in
writing to the Trenching Agent’s invitation to participate in a
joint trenching project within fifteen (15) days of the date of
notice.
5.2 The Non-Trenching Parties and each of its
inspectors shall have five (5) days following the date of
inspection to accept or reject the completed Project. If the Non-
Trenching Party accepts the Project, or fails to inspect within
the time period for inspection and thereby is deemed to accept the
Project, it wil! reimburse the Trenching Agent, upon receipt of an
invoice therefor and evidence of Project completion, for their
respective portion of the Project’s costs of construction,
installation and placement of their facilities underground.
Reimbursement will be made in accordance with the terms and
conditions set forth in Exhibit "A", Supplemental Terms of
Agreement, the Trenching Agent’s bid solicitation document, the
Project’s plans and specifications, the !owest responsible
bidder’s bid for the Project, and the construction contract. If
the Non-Trenching Party rejects the Project after inspection, it
shal! provide to the Trenching Agent written notice setting forth
its basis for making such determination. The Trenching Party
shal! be entitled to modify the Project or take such other action
as wil! garner acceptance by such party for a period of not less
than thirty (30) days from the date of receipt of the rejection,
in writing. No acceptance or deemed acceptance shall extend to
latent defects or service affecting cuts that are not reasonably
discoverable until a subsequent date. A Non-Trenching Party shall
have one (i) year in which to report any such defective cut.
071102 syn 0072416
5.3 The Non-Trenching Parties may review and comment
upon the Project’s construction documents prior to construction
and may inspect the construction, installation and placement of
its underground facilities, as practicable, after they are
informed that the Project is ready for physica! inspection.
5.4 The Non-Trenching Parties will each pay within
forty-five (45) days of acceptance of the Project and the receipt
of the Trenching Agent’s billing statement the actual cost of its
share of the Project’s construction costs in accordance with this
Master Agreement and the Tariff, up to the amount of the
construction contract plus fifteen percent. The billing statement
will include the name and !ocation of the Project, the joint
trench number and job number, or such other information agreed to
by the Parties, in writing.
5.5 At any time after (i) the Palo Alto City Council’s
adoption of the resolution giving notice of intention to form an
underground utility district and (ii) the execution of this Master
Agreement, the Non-Trenching Parties will design the work re_quired
to convert its aeria! facilities to underground facilities and
otherwise coordinate with the Trenching Agent to fulfill its
obligations herein. The Trenching Agent wil! use best efforts to
coordinate with the general contractor to construct the Project in
a manner consistent with the Non-Trenching Party’s recommended
design.
5.6 With respect to work performed by force account,
each of the Non-Trenching Parties at its own cost wil! provide the
Trenching Agent its facilities to be installed in the System not
less than five (5) days before the proposed installation date.
The provider of those materials will replace defective materials.
SECTION 6.Title to the Project.
6.1 Title to the Project, or any part thereof, will
vest in the Party paying for its respective portion of the
Project’s facilities, equipment and materials and for whose
benefit the Prgject’s facilities, equipment and materials are
constructed, installed and placed in the public rights-of-way and
private property, subject only to any and all existing liens and
encumbrances.
SECTION 7.IndeMnity.
7.1 Each Party agrees to protect, defend, indemnify and
hold harmless the other Parties, their directors, officers,
emp!oyees, governing board members, and agents, and at no cost to
the other Parties, from and against any and al! liability, !oss,
damage, demands, claims, costs, expenses, fees, including
071102..n O0/~-.16
reasonable attorneys’ fees, of any nature, including death or
injury to person, property damage, or any other loss, caused by or
arising out of that Party’s acts, errors or omissions, or willful
misconduct, except to the extent those liabilities, losses or
damages are caused by the negligence or willful misconduct of the
other Party or Parties.
SECTION 8.Insurance.
8.1 Each Party, at its sole cost and expense, wil!
obtain and maintain, in ful! force and effect during the term of
this Master Agreement, the insurance coverage described in Exhibit
"B", insuring the Party and the other Parties and, with the
exception of workers’ compensation, employer’s liability and
professional liability insurance, naming each of the other Parties
as an additional insured concerning the Party’s performance under
this Master Agreement.
8.2 All insurance coverage required hereunder will be
provided through carriers with Best’s Key Rating Guide ratings of
A:VII or higher, which are admitted to transact insurance business
in the State of California.
8.3 In lieu of obtaining and maintaining insurance
coverage as described in Section 8.1, a Party may advise, in
writing, the other Parties that it is self-insured.
SECTION 9.Representations and Warranties.
9.1 Each Party represents and warrants that it has the
lega! authority to enter in to this Master Agreement, holds any
and all necessary certificates, licenses, and permits to engage in
the business for which it is entering into this.contract, and that
the individual executing this Master Agreement is duly authorized
to act on behalf of that Party.
SECTION i0.Force Majeure.
No Party will be in default of this Master Agreement to
the extent that its delay or failure to perform its obligations is
caused by or results from an event or circumstance beyond its
reasonable control and without its fault or negligence, including
but not limited to acts of God, act of civil or military
authority, embargoes, wars, riots, natural disasters, or strikes.
SECTION ii. Notice.
Written notice must be delivered,
addressed to the Parties, as follows:
in writing, and
071102 syn 0072416
7
CITY:
Copy to:
AT&T:
Office of the City Clerk
250 Hamilton Avenue
Palo Alto, CA 94301
Department of Utilities
Engineering Division
1007 Elwe!! Court
Palo Alto, CA 94303
Attn:
Pacific Bel! Telephone Company dba
AT&T CALIFORNIA
3475B North First Street, Suite 200
San Jose, CA 95134
Attn: Nichole Orta, Area Manager
COHCAST:Comcast of California IX, Inc.
1205 Chrysler Drive
Henlo Park, CA 94025
Attn:
Copy to:Comcast Cable Communications, LLC
1500 Market Street
Philadelphia, PA 19102
Comcast Cable Communications Management, LLC
P. O. Box 5147
12647 Alcosta Blvd., Suite 200
San Ramon, CA 94583
Notice will de deemed effectively given when delivered in person,
delivered by agent by express delivery service, or three (3) days
after deposit in the United States mai!, postage prepaid.
SECTION 12. Miscellaneous Provisions.
12.1 The Parties will comply with all applicable laws.
12.2 This Master Agreement is governed by and will be
construed in accordance with the laws of the State of California.
12.3 The venue of any lawsuit or proceeding concerning
this Master Agreement shal! be in the County of Santa Clara, State
of California.
12.4 The prevailing Party or Parties in any action
brought to enforce the terms of this Master Agreement may recover
its reasonable costs and attorneys’ fees expended in connection
with that action.
071102 syn 0072416
12.5 This Master Agreement represents the entire and
integrated contract between the Parties and supersedes al! prior
negotiations, representations and agreements, whether ora! or
written. This document may be amended only by a written
instrument, which is signed by the Parties.
12.6 Al! provisions of this Master Agreement, whether
covenants or conditions, wil! be deemed both covenants and
conditions.
12.7 The covenants, terms and conditions of this Master
Agreement will apply to,and wi!l bind the successors and
assignees of the Parties.
12.8 If a court of competent jurisdiction finds or rules
that any provision of this Master Agreement or any amendment
thereto is void or unenforceable, the unaffected provisions of
this Master Agreement and any amendments thereto, will remain in
fu!l force and effect.
12.9 All exhibits, schedules, attachments, and addenda
referred to in this Master Agreement which may be referred to in
any duly executed amendment hereto are by such reference
incorporated in this Master Agreement and wil! be deemed a part of
this Master Agreement.
12.10 This Master Agreement may be executed in any
number of counterparts, each of which Will be an original, but all
of which together wil! constitute one and the same instrument.
12.11 Executive Order and Associated Regulations,
attached hereto and incorporated by reference as Exhibit "C",
shall govern and apply to and bind the conduct of AT&T and no
other Party.
12.12 The City’s Nondiscrimination Certificate, attached
hereto and incorporated by reference as Exhibit "D", shal! apply
to and bind the conduct of the Parties.
12.13 Each Party to this Master Agreement is acting as
an independent contractor and not as the agent, employee or
servant of the other Parties.
//
//
//
//
071102 syn 0072416
IN WITNESS WHEREOF, the Parties by their duly authorized
representatives have caused this Master Agreement to be executed
on the date first above written.
ATTEST:CITY OF PALO ALTO
City Clerk
APPROVED AS TO FORM:
Senior Asst. City Attorney
APPROVED:
Assistant City Manager
Mayor
PACIFIC BELL TELEPHONE COMPANY
DBA AT&T CALIFORNIA
By:
Name:
Title:
Director of Administrative
Services
Director of Utilities
COMCAST OF CALIFORNIA IX, INC.
By:
Name:
Title:
Attachments:
ADDENDU]~:
EXHIBIT "A":
EXHIBIT "B" :
EXHIBIT "C" :
EXHIBIT "D" :
AGREEMENT FOR JOINT PARTICIPATION IN THE
INSTAL~TION OF UNDERGROU]qD FACILITIES IN
UNDERGROU%-D UTILITY DISTRICT NO.
SUPPLEMENTAL TERMS OF AGREEMENT FOR Uik~DERGROUND
CONVERSION PROJECT UTILITY ~_ND TRENCH SUBSTRUCTURE
Insurance Requirements
Executive Order and Associated Regulations
Cit~T_ of Pa!o Alto Nondiscrimination Cer~_rlcate
071102 syn 0072416
i0
CERTIFICATE OF ACKNOWLEDGMENT
(Civil Code § 1189)
STATE OF )
)SS.
COUNTY OF )
On , __, before me,,
a Notary Public in and for said County and State, personally
appeared , personally
known to me or proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted, executed the
instrument.
WITNESS my hand and official seal.
Signature of Notary Public
071102 syn 0072416
t!
CERTIFICATE OF ACKNOWLEDGMENT
(Civil Code § 1189)
STATE OF )
COUNTY OF )
On ,before me,,
a Notary Public in and for said County and State, personally
appeared , personally
known to me or proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted, executed the
instrument.
WITNESS my hand and officia! seal.
Signature of Notary Public
071102 syn 0072416
12
CERTIFICATE OF ACKNOWLEDGMENT
(Civil Code § 1189)
STATE OF )
COUNTY OF )
On ,, before me,,
a Notary Public in and for said County and State, personally
appeared , personally
known to me or proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted, executed the
instrument.
WITNESS my hand and official seal.
Signature of Notary Public
071102 syn 0072416
13
ADDENDUM NO.
AGREEMENT FOR JOINT PARTICIPATION IN THE
INSTALLATION OF UNDERGROUND FACILITIES
IN UNDERGROUND UTILITY DISTRICT NO.
THIS AGREEMENT FOR JOINT PARTICIPATION IN THE
INSTALLATION OF UNDERGROUND FACILITIES ("Specific Agreement"),
made and entered into this day of , , by and
among THE CITY OF PALO ALTO, a California municipa! corporation
("City"), PACIFIC BELL TELEPHONE COMPANY, a California
corporation, doing business as AT&T CALIFORNIA ("AT&T"), and
COMCAST OF CALIFORNIA IX, INC., a Pennsylvania corporation
("Comcast"), as follows:
The terms of the MASTER AGREEMENT FOR INSTALLATION
OF U~DERGROUND FACILITIES IN THE CITY OF PALO ALTO
("Master Agreement"), executed by the Parties on
, are hereby incorporated
in this Specific Agreement and made a part hereof
by reference.
will act as the Trenching Agent for purposes
of this Specific Agreement.
3. The Project description is, as follows:
/
/
/
/
/
/
/
(or in accordance with the attachments).
071102 syn 0072416
14
IN WITNESS WHEREOF, the Parties by their duly authorized
representatives have caused this Master Agreement to be executed
on the date first above written.
ATTEST:CITY OF PALO ALTO
City Clerk
APPROVED AS TO FORM:
Senior Asst. City Attorney
APPROVED:
Assistant City Manager
Mayor
PACIFIC BELL TELEPHONE COMPANY
DBA AT&T CALIFORNIA
By:
Name:
Title:
Director of Administrative
Services
Director of Utilities
COMCAST OF CALIFORINIA iX, INC.
By:
Name:
Title:
Attachments:
07I I02 syn 0072416
15
CERTIFICATE OF ACKNOWLEDGMENT
(Civil Code § 1189)
STATE OF )
)ss.
COUNTY OF )
On ,, before me,,
a Notary Public in and for said County and State, personally
appeared , personally
known to me or proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted, executed the
instrument.
WITNESS my hand and official seal.
Signature of Notary Public
071 ] 02 syn 0072416
CERTIFICATE OF ACKNOWLEDGMENT
(Civi! Code § 1189)
STATE OF
COUNTY OF
SS.
On ,, before me,,
a Notary Public in and for said County and State, personally
appeared , personally
known to me or proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted, executed the
instrument.
WITNESS my hand and officia! Seal.
Signature of Notary Public
071102 syn 0072416
17
CERTIFICATE OF ACKNOWLEDGMENT
(Civil Code § 1189)
STATE OF )
)SS.
COU%~TY OF )
On ,, before me,,
a Notary Public in and for said County and State, personally
appeared , personally
known to me or proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted, executed the
instrument.
WITNESS my hand and official seal.
Signature of Notary Public
071102 syn 0072416
18
EXHIBIT "A"
SUPPLEMENTAL TERMS OF AGREEMENT
FOR UNDERGROUND CONVERSION PROJECT
UTILITY AND TRENCH SUBSTRUCTURE
CONSTRUCT!ON CONTRACT is awarded by the Trenching Agent, and
is hereby incorporated by reference (see attached bid items
for breakdown of cost estimate).
All bid items dedicated to the City’s sole benefit and
use shall be charged 100% to the City.
All bid items dedicated to AT&T’s sole benefit and use
shall be charged 100% to AT&T.
All bid items dedicated to Comcast’s sole benefit and
use shall be charged 100% to Comcast.
All joint trench bid item costs incurred for the
collective benefit of the Parties 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.
For example,
Pavement and surface restoration over joint trench costs
shall be shared e_ozla!ly 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.
The Trenching Agent shall require its construction
contractor to provide a two-year warranty on materials
provided and work performed from the date of acceptance
of the Project by the Trenching Agent.
The City shall abide by AT&T’s Tariff with respect to
obtaining the necessary permits and licenses in
accordance with applicable law. in the event of a
conflict between the terms of this Master Agreement or
071102 syn 0072416
19
any Amended Master Agreement and the terms of the
Tariff, the terms of the Tariff sha!l govern.
B.BID PACK_AGE AND CONTP~ACT ADM!NISTPshTION
Fifteen percent (15%) of each of the Non-Trenching
Parties’ share of the actual cost of construction shall
be added, respectively, for engineering, Project’s plans
and specifications, and contract admi.nistration by the
Trenching Agent, including costs of inspections
performed by the Trenching Agent.
Formula
Palo Alto (Electric) % = {PW x PD/(PW x PD + TW x TD + CW x CD)) * I00
AT&T (Telephone) % = {TW x TD/ (PW x PD + TW x TD + CW x CD)} * !00
Comcast (Cable TV) % = {CW x CD/ (PW x PD + TW x TD + CW x CD)} * i00
P - City of Palo Alto - Electric
T - AT&T - Telephone
C - Comcast - Cable TV
D - Depth of Trench required for individual utility
W - Width of Trench required for individua! utility
Section C (I thru 6)
Co FORCE ACCOUNT ~qD WHEN CITY’S S~ARE IS LESS THA_N $85,000
These prices shall apply when the joint installation is to
be performed by City’s force account using annual
contracted services.The prices shal! be revised every 12
to 18 months.
I. Trenchinq
Cost of trenching in all surfaces shall include all labor
and material for saw cutting, digging, hauling, disposal of
spoil, backfill, compaction, and complete surface
restoration. The cost for AT&T or Comcast shall be:
$26.33 per foot when trench is shared by City, AT&T
and Comcast.
$39.50 per foot when trench is shared between City and
either AT&T or Comcast.
071102 syn 0072416
2O
$79 per foot when trench is for AT&T or Comcast use
only.
2.Placing Boxes
Cost of placing splice boxes shall include al! materia!
cost where applicable and al! labor for excavating,
grading, and backfilling around the boxes and all
restoration work The cost for AT&T or Comcast shal! be:
$340 each for - ll"xlT" - N9 box (box to be furnished
by City)
$874 each for - 17"x30" - PGI730 (box to be furnished
by City)
Unit cost for larger splice boxes will be based on the
actual cost charged by contractor.
3.Conduit Installation
Cost of installing conduits shall include all material cost
and labor for conduit termination at each end and pulling
rope between points of termination. The cost for AT&T or
Comcast shall be:
Note:
$2.50 per foot for 1-inch conduits
$4.00 per foot for 2-inch conduits
$6.00 per foot for 4-inch conduits
No end-bells wil! be installed
installation of 2" Riser will be $150.00 each.
Resuraaclng
Cost of resurfacing shall include al! labor and materials
for forming, pouring, finishing, removal of debris and
restoration of all adjacent surfaces. The cost for AT&T or
Comcast shall be:
071102 syn 0072416
Description
a. When construction
involves City, AT&T
and Comcast
b. When construction
involves City and
either AT&T or Comcast
Sidewalk/
Driveway
per sq.
$20.00
$15
2" AC over
7" PCC or
8" Agg base
per sq. ft.
$!0.00
$15
Curb and Gutter
per in. ft.
$25.00
$37.5
5. Saw Cutting
The cost for AT&T or Comcast shall be:
a. $12.00 per linea! feet
6. incidental
Incidental cost shal! include administration, inspecting
and compaction testing. Cost for AT&T or Comcast shal! be
fifteen percent (15%) of the total individua! cost.
071102 syn 0072416
22