HomeMy WebLinkAbout0254.094·' .-'" ,". ,-.. w ,",.-~w:i::;;:...:-.-~-,",-:;':C .. L'", _ ~:.
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April 28. 1994
THE 'IONORABLB CITY COUNCIL
Palo Alto, Cal :ifornia
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Agreem~.nL..l!ith Hetroool itan ...Ei...OO..r~$-.Y.at&.\!1_LQJ_<;S\lifQrnia Inc. for
lnJ! ta II a t i QIL<Il. .. E.!b.;u;: __ Qp,t.hU&hl_~l!
Members Qf Councilt
This report reco;r,mende that the Coullci L authorize the City ~'anager.
to execute th~ attached regulatory agreement between the City of
Palo Alto and Mc.tropolitan F1bel-SY6tems of California Inc" (MFS).
for the installation of fiber optic cables in designated areas
within the city 1 iMit8 of Palo Alto_ The agreement will not
preclude the City from developing its own fiber optic system, a
subject which will be discussed further in a companion report
scheduled to b€". coniJidexed by the City Council on t-fa)' 23. 1994 _ It
also requests that the City Manager be authorized to approve any
amondmenta to the agl"eement.
Late last yeax:-the City was app:t:'oachl'd by MFS Network Technologies
t~IFS) requesting approval to install a fiber optic line through
Pi:llo Alto, link~ng" cek-tail'~ cities in the South Bay with San
F:rancisco. The cable. would be located in approximately 19 miles of
City 8tr~etal with eervlces to commercial cUHtomcra as indicated in
the attached plan.
Staff. in cOl\sult,ation with other cities l has researched the lcgal
and technical issues relating to the proposed fiber optic
installation. Ba,l3ed on that research. the City Attorney has
deter~mined that the City must grant MFS ~and other
telecornmordcat ion companieD) the right of access to the City's
public right-of-way provided they comply with the applicable City
ordinances, regulat.ions j and specifications.
The aalient pointe of the proposed agr~ement a:t'e sel forth below.
Agreements containing similar terms and conditions have already
been signed between variolls fiber optic companies and the Cities of
Mountain View and Santa Clara,
CMR:2S4:94 -1-
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SCOPE OF PERMIT: The agreement grants MPB conditional permission
to install fiber optic cables underground within the public right
of-way, for the purpose of offering certain video conferencing
telecommunication services [including Community Antetma; 'I'elevhdon
(CATV) 1 . If video programming or other video data acp..:vicco
(including C1\TV) are added, the City is empo .... ·ere-...i to seek tho
l.'enegotiation of the regulatory .;,.gleem~nt, and/o,}: f-!FS may be
requir'ed to enter into a franchise agreement. to the extent. tho City
is permitted to do 80 by law. HFS wj 11 obta ill design approval from
the Architectul.~al Review Board and secure an environmental iC1pact
assessment. In addition. MFS will not intet'f('lre with City and
other agency utilities without obtainb~9 writt(!n permission.
FEES AND TAXES: MFS will collect i\l1d di9tribute to the City" the
telephone users tax for telecommunications services, which a:t:e
subject to the City's utilitioB user tax.
REMOVAL AND RELOCATION OF FACILITIES: l~FS will pay for the
removal and relocation of its facilities, should the facilities
interfere ~'ith Cit}· Dtreet or utility work or any othe:: City
governmental or proprietary operation _ MFS wi 11 alao pay for the
removal of any of its abandoned facilities if the City ohould
require it.
CONSTRUCTION PERMIT: NFS will apply and pay for all street opening
pel-mits. The permits will control the construction, inotallatlon.
and maintenance of the facilities. The cable will be installed
under the sidewalk area by boring rather than by tt-enching. MFS
will notify affected property ownero~ pl"ior to the otru:t of
confltruction r and repait-any damage t.o the City' 8 infrastl'uctUl'"C
and othel." prOpel"ty occurring during the COUl"SC of ~·or~.
JOINT PARTICIPATION WITH OTHER PERIUTTEES,
cooperate with other permittees in constructing
right-"of-way to the extent this is feasible.
M~'S agrees to
in the public
The above: descl'ibed agreement represents all curnmt and
anticipated conditions. However, becauR~ of the oatm:e of': this
changing tec)mology, staff recommends that th€'o City Manager be
authorized to make minOl" amendments to the agreement a6, aud when
additional "'fork or conditions arise.
The project is scheduled for construction between June and August
1994.
Recommendations
Staff recommends that Counci l:
CMR,254,94 -2-
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1. Authorize the City Manager to execute the attached agreement
between the City of Palo Alto and Metropolitan Fiber Systems
of california. Inc. for the installation of fiber optic cat.-le
in designated areas within tho city limits of Palo Alto.
2. Authorize the City Manager 'to approve any amendrnents to the
agreement.
ReRpectfully submitted,
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GEORGE ftAG1XJN -
Assistant Director of Public Works
GLENN S. ROBERTS
Director of Public Works
Attachment: Agreement including plan
CHR:254:94 -3-
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MREEMENT BE'l'Wl!Jrn TltE CITY OF PALO ALTO
AND METROPOLZTlIN FIllBR SVSTEMS OF CAr,IFORNIA, INC.
FOR TltE CONSTRUCTION, INSTALLATION, J\NJl HAIIlTBNlINCE OF
FIBER OPTIC CABLBS AND REI~TEO FACILITIES
WITHIN TUE PUBLIC RIGHT-Op·WAY
This Agreement. made in Palo Alto, Santa Clara County.
State of California. dated May ___ I 1994~ is entered into by and
between the City of Palo Alto and Metl:'opolitan Fjber Systems of
California, Inc.
RECITALS
WHBRBAS~ Oak Brook Fiber SystE::'lns, Inc. was a corporat.ion
duly organized aud existing under the laws of the State of
california, and authorized by the Public Ut.iJ.ities Commission of
the State of California or the Federal Communications Commission,
or both, under certificates of public convenience and necessity to
provide dedicated intel:"LATA telecommunications services within
California as well as intraLA',('A private line transmission services
within all T..ATAs in Califorflia; and
WHEREAS, effective Febr.uary 28, 1989, Oak: Bruok Fiber
Sy~tems, Inc. cha.nged its corporate name to Metropolitan Fibel'
Systems of San Francisco, Inc., and effective June .15, 1989,
changed its corporate name to, and now is conducting business under
the name of, Metropolitan Fiber Systems of California, Inc.; and
WHEREAS, Metropolitan Fiber Systems of California, Inc.
wishes to constl~ct, install, and maintain its fiber optic cables
and related facilities within the public right-ot-way, p1Jblic
utility easements, and public service easements within the limits
of the city of Palo Alto; and
WHEREAS, under California law, the City of Palo Alto may
regulate the location and the ~anner of construction, installation,
and maintenance of fi~er optic cables, and related _facilities in the
public right-of-.way, public utility easements, and public service
easements within the limits of the city of, Palo Alto; and
WHERBAS, the City of Palo Alto wishes to regulate the
construction, installation, and maintenance of fiber optic cables
and related facil~.ties proposed by competitive access providers and
other telecommunications companies, including Metropolitan Fiber
Systems of California~ Inc., in the public right-of-way, public
utility easements. and public service easements within the limits
of the city of Palo Alto;
NOW, THRRBFORE, in consideration of the following terms,
covenants, conditions, proviSions, and restrictions, the parties
agree:
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1.0 DBFINITION~.
1.1 "AgencyI' means any gove:tnmental agency or quasi·
governmental agency oth~r than City.
1.2' "Agreement" means thi.s "AGRBE~1ENT BETWEEN 'I'HE CITY
OF PALO ALTO AND NETROPOLITiIN FIBER SYSTEMS OF ClU,IFORNrA, INC.
FOR THE CONSTRUCTION, INSTALLATION, AND MAIIITRNANCR OF FIBBR OPTIC
CAllLllS AND RELATED FACILIUSS WITHIN THB PI}BLIC RIGHT-OF-WAY".
1~3 ·Dusiness 'Da~~11 means any calendar day, except a
Saturday, Sunday, and any Day oboerved as a legal holiday by City.
Fo)" the pUr'p()Bes hereof, if the time in which an act is to be
perfolllied fal~s on a Sa,turday, Sunday, or any Day observed as a
offichl holiday by City, the time for performance shall be
ext~nded to the following Business Day.
l'.4. "City" means the City of Palo Alto, a chartered city
and a rnunlciw1 corporatioll in the State of California.
1. 5 ·City l1anC\gcr" means the individual designated as
the <;ity mar:i.ager \lnder Section 2,08.150 of the Palo Alto ~.lunicipal
Code.
1.6
authorized to
under Article
Alto~
·Council· means those elected officials which are
exer'Cise the pO'fll'ers granted to and vested in City
III, Section 1 of the Charter of the City of Palo
1. 'J "Day· lneans any calendar day, unless a Business Day
is specified, For the purposes hereof, the time in which an act is
to be performed shall be computed by excluding the first Day and
including the last.
1.S ·Directors· .rnea'ns the individuals designated as the
lR Director, the Pit Director, and the Utilities Director, or any
combination ot one or more Of the named individuals holding such
titles and performing euch functions as charged under the Palo Alto
Municip.l Code.
1.9 -Facilities· mean8~ without limitation, any and all
fibsr" optic cables, cabinets, conduits, converters, equipment,
drains, handholes, rnanholes. splice boxes, surface location
markers, vaults, and ot;ller appurtenances owned, leased, 0".' licensed
by MFS, located or to be lot.::at.ed in the Public Right-oi-Nay, and
used or usoful for and in connection with the rendering of
Telecommunications Services by MFS.
1.10 "Fee" rlleans any assessment, license, charge, fee,
imposition, tax (but excluding the telephone use:t."s tax), or levy
lawfully imposed by any govenunental body.
1.11 "rR Director"" means t.he individual designated the
dj,rectol'" of infol.""f1'I.ation resources under Section :2.08.200 of the
Palo Alto Municipal Code, including any individual expressly
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. • designated to exe .. rc,isn fUl'lct:.ions with respect to the rights and
obligations of the lR Director lmder this Agreement, and any other
individual, person, dIvision. department, bul."t]"au, or agency as may
exercise from time to time fuuctions t!quivalent or simi lar to those
now exercised by the IR Director.
1.12 IlI.ATA-means -local access and transport area-.
1.13 -Laws· means any judicial decis.ion, statute,
constitution. ordinanee. resolution, L"egulation, rule. tariff.
administrative order, or other requirement of any municipal,
countYI state, fe(leral, or other Agency havl1l9 joint' or several
jurisdiction 'over the parties to this Agreement. in effect either
at the time of execution of thie. A.greement or at llllY time during
the location of the Facilities in the Public Right-of -Way.
including, without limitation.. any xogulat ion or order of an
official entity or body. A refexence to -Laws· shall include the
Standard Drawings and Specifications (1992).
1.14 ·t>1FS· means l-:etxopulitafl Fiber Systems of
California. Inc., a coz:poration duly or9anized and existing tmder
the laws of. the State of Callfonlia, MId its la'.ltul successors,
assigns, and transferees.
1.15 ·Person-means an individual, a corporation, a
pattnership, a Bole pl"oprietorship, a joi'lt venture, a b\lsiHeS8
trust, and any other form of bUsiness association.
1.15 ·Provision· [r'ieans <"ny a,greement~ clause, condition,
covenant, quallfication, restric.tion. reservatlol'l, tenn, or other
stipulat.ion in this Agreement that definea Ot" otherwise controls,
establishes, or limits the performance required or permitted by any
party to this Agreem!:'nt. AU. Provisions, whet he .... coveflants Ot"
conditions, shall he deemed to be both covenants and conditions.
1.16 "Public Right--of,W(1y" means in, upon, above, along,
acroBs, under, and over the public streets, roads, lane, courts,
ways, alleys .. boulevard, and places, including, ~ithout limitation,
all 'public utility easements and public service easements, as the
same IlOW or may thereafter exist that ar:e under' the jurisdict.ion of
City. This term shall not include: any property owned by any Parson
or Agency other than City axcept as provided by applicable Laws or
pursuant to an agreement between City and any Person.
1.17 "f:lW Director" means the individual designated the
director of public works under Section 2.08.235 of the Palo Alto
MUnicipal Code, including any_ individual expressly deSignated to
exercise functions with respect to the rights and obligations of
the PW Director under this A9t'eement~ and any other individual,
person, division, department, bureau, or agen'cy as [na.y exercise
from time to t;_me funct ions equivalent or similar t.o tho~e now
exercised by the PW Director.
1.18 "'Standa):."d Drawings and Specifications (1992) II means
the general tenTlS and conditions, specifications. and requirements
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Of City wh,J,ch governs the design , construction~ installation. and
maintenance of any improvement within the Public Right -of -Way.
This document is authored by the Department of public Wor].~s of. the
City of Palo Alto, Engineering Division, and any reference to such
document shall includ~ any and all additions, deletions, revisions,
modifications, and upd~tes to this document.
1.19 nTelecofMlunications Servicea· nleall the u.-ansmission
of voice and data images and information in _ rendering business and
reside!1tial teleconferencing sel:vices and othel: services which are
permitted by applicable Laws, but, subject. to the provisions of
Section 3.6, not video programming services, video dia.l tone
services, and communit.y antenna television systems selvice6~ except
as these video services are permitted to be offered by Mf'S by
applicable Laws, by means of the Pacilities owned, lea8ed~ or
li<:ensed by MFS, pursuant to a certificate o( public convenience
and necessity issued on folarch 22, 1989 to Oak Brook r.,oiber Systems.
Inc. (now NFS) to provide dedicated interI.ATA teleconlrnmications
services from origination points in certain m~tropolitan ar-eas
throughout the State ot California to various locations, including
the points of presence of other interexchange can-iel's operating
with~"n the' State~ and pursuant to a cel'tificate of public
convenience and necessity issued on September 7. 1989 to Oak Brook
Fiber Systems, Inc. (now MFS) to provide intraI.ATA priv",te 1 ine
high speed digital transmission aelvices at speeds of 1.544
megabits per second within all l.AT.As in th~ State, and pursuant to
applicable Laws and Rlly other certificate of public convenien'c~ ano
necessity issued by the Califol'nia Public Utiliti,es ConvniasiOJl or
the Federal Communications Commission.
1. 20 "Utilities Director" means the individual designated
t.he director of utilities under Section 2.08.250 of the Palo Alto
Municipal Code~ including any individual expl'essly designated to
exercise functions with respect to the rights and obligations of
the Utilities Director under this Agreement., and any othel"
individual, person, division, department, bureau, or agency as nv.ty
exercise from time to time functions equivalent or similar to those
now exercised by the Utilities Director.
2.0 TBRM.
2.1 This Agreement shall be binding on the parties on
the date of its approval by the Council ("Bffective Date-) I and
shall corruncnce on the first Day after the Effective Date.
2.2 The City Manager is authorized t.o act on behalf of
the Council and to cancel or modify the term of this Agreement r and
any other Provision hel'eof.
3.0 SCOPS OF PERNIT.
3.1 Notwithstanding any other Provision ot this
Agreement, any and all rights expressly or impliedly granted to MPS
under this Agreernent j which shall be exercised at MFS~s sale cost
and expense r shall be subject to the prior and continuing right of
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City to use any and all pa.t'ts of the Public Right·of-Way
exclusively or concurrently with other Persons, and all deeds,
easements, dedications, conditions, covenants, restr.ictions,
encumbrances and claims of title which may affect the Publ ic Right
of-Way. Nothing in this Agr(!em~nt sllall bf: deemed to grant,
convey, create, or vest a pel.-pet.ual real property interest in land
in MFS, including any fee or le~sehold interest in land, eaHement,
or any fran~hiBe rights.
3.2 Subject to the Provisions of this Agreement. City
her~by licenses and permits MFS to construct, illstall, maintain,
locate, move, opel~ate, place, protect, reconstruct, reinstall,
relocate, remove, and replace the Facilities underground or on
existing poles, to the extent NFS may gain access to these poles
consistent with th-a rights of third parties undel.' applicable LaWB
alld all existing and future agreements, within the Public Right-of
Way for the purposes of pl:,-oviding Tele,r.ommunications Services to
Persona located within the limits of the city of Palo Alto. Any
work perfox:med pursuant to the rights granted to MFS under this
Agreement shall be subject to the prior review and approval of the
Directors.
3.3 Bxcept as permitted by applicable !.aws or this
Agreement, in the perf o r!n.3. nee and exercise of its l.·ights and
obligations ullder this Agreement. fo1FS shall not interfere in any
manner with the existence and operation of any and all public and
private rights-of-way, sanitary sewel:,-S, water mains, storm draine,
gas mains, poles. overhead and undel.-ground electric and telephone
wires, electroliers~ cable television, and other telecommunica·
tions j utility, and municipal property without· the express written
approval of the owner's) of the affected property or propercicB.
3.4 MFS shall comply with all applicable Laws in the
exercise and performance of ita rights and obligations under this
Agreement and any Cit.y permit issued pursuant hereto, obtain the
approval of the Facilities' deSign by City'S A~chitectural Review
Board and any other City baard or commission, and secure an
assessment of the impact that the :Facilities may have upon the
environment.
3.5 MFS represents and'warrants that its Facilities will
be utilized for t.he rendering of Telecommunications Services to
selected customers for compensation. It the nature and character
of the Facilities or the uses of the Facilities. or both, changes
in the futu.re t.o include uses to, for, or by .a rnajority of the
general public within the city of Palo Alto, including, b'jthout
limitation, the offeriug of cOlMlunity antennae television systems,
video entertainment and const~er retailing services, or any other
setvices not expressly permitted undel.-this Agreement. then MFS
shall notify City in writing as soon as practicable. Such notice
shall be served at least three (3) months prior to the effective
date of any change in' t.he nature or character of the Facilities or
the uses of the Facilities. or both.
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3.6 To the extent permitted 'l)y appl icable Laws, City n>.ay
be authorized to extend its regulatory jurisdict.ion ovel" any change
in the' character or nature of the T-clecoronmnications Services or
the uses of the Facilities contemplated under Section 3.5. and. if
so, at City' B option, the Provisions of this Agr-eement anall be
renegotiated or MPS shall be required to enter into a franchise
agreement with City j or both" in connection with the
Telecorrrmmications Services, as modified, if any cbange in
TelecOITInun:lc<ttions Services falls within the regulatory authority
of City.
4.0 FEBS AND TAXES.
4.1 MFS shall collect and distribute to City the
telepholle users tax from its service lIsers pursuant to Section
2.35.090 of Chapter 2,)5 of Title 2 of the Palo Alto Municipal
Code~ as amended~ if the Facilities are used to provide revenue
producing telecomnunicatiolls services that would be subject to
City's telephone' usex.'s tax.
4.2 t·H"S sha.ll be solely responsible for the payment of
all Fees in,connection with the exercise of r,ws's right, title. and
interest in, and operation of the Facilities and the rendering of
TeleCOfJ.'llTiUllicatiolls Se!"..,ices under tilis Agl.'eement.
5.0 RRMOVAI, AND RELOCATION OP FACILITIBS.
5.1 Upon the receipt of a demand of City, within 90 days
or within the period of time determined by City in the event of an
emergency, NFS, at its sole cost and expense, shall remove or
relocate any Facilities constructed, installed, maintained, o~~ed.
or operated by MFS under this Agreement if and when the removal or
l.'elocation of the Facilities, or any part thereof, is made
necessary by City acting pursuant to any lawful governmental or
proprietary PUl::-pose. including, without limitation, any lawful
char,ge of grade, alignment, or width of any City street or highway
or other Public Right-of-Way in the city of Palo Alto, or any
construction, installation, or replacement of City's Underground
Facilitiea [as Buch tenn is defined in the Standard Drawings alld
Specifications (1992) I, or any part. ther.eof. The con9truction~
installation, maintenance. ownership. OL' operation of any
underground or aboveground facility or 'structure by City is
expressly contemplated.
5.2 Upon the receipt of a demand of City. pursuant to
Chapter 12.16 of the Palo Alto Municipal Code, as amended from time
to tlme, and all applicable Laws, NI"S shall replace any aboveground
or other aerial Facilities with underground facilities in
accordance with all applicable Laws, including, without limitation,
-Emy Laws which apply to any dominant or non-dominant teleph{)ne
corporation, as such term is defined in Section 234 of the Public
Utilities Code of the State of California, as amended from time to
time.
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5.3 In the event that the Facilities, Ot" allY pal't
thereof. is abandoned or no longer placed ill sel.-vice fol.' a period
of six (6) months or more, HFS pl:ompt-ly shall notify City, and, at
City's option, shall vacate or remove the Facilitip.s, or any part
tnet'eof, promptly at MFS' g Bole C'o~t anti expense, or abandon the
same :in place and (1~dicate the same to City. :tf MFS shall fail to
vacat(! or otherwiae rel'11OvC! the Facilit.ies as required by City, City
shall be ent.!tled to vacate or otherw:lse remove the Facilities at
I-!FS' a Bole c09t and expense" f.WS shall execute such documents of
tit.le as· will convey all r.igh.t, title, and interest in the
dedicated Facniti~81 01' any part there,of, to City.
S.4 In the event that City needs to occupy the Public
Right·ot-Way. or any part thereof. which is occupied or to be
occupied by the Facilities, or in the event that the exj.stence of
the rac! lities 19 or will be detrimental to the-exercise ot City~ s
governmental Ot' proprietary operations and activities; as
determined by the City to".an-lgcr or the Directors. including, without
limitation,: thnt the Facilities do or will interfer'e with City's
public wod;:s construction projects Ot· other public projects, MFS
shall l-efrain (ro.." tdking' any action, or shall temporarily or
pet."1nanently· remove an(' l-elocate the l'aci 1 ilies to such other
lo-::ation or lqcations in the Public Ri9ht-of·I'fay~ as appropriate,
as may be dcsi9nated, in ""ri t ing. by City _ If !-IFS either does not
temporarily slIspend construction actJ.vity or the Facilities are not.
removed or relocated within one hundred eight}· (180) days after
l-eceipt of. notice. as appropriate, City may ta.i<.€~ all reasonable.
necessary, and appropr.late action on behalf of and at the sole cost
and expellse of f.!FS.
5..5 Nhene'(er the l·emoval or xelocation of the Facilities
is required under this Agreement, MFS shall, promptly after the
removal or relocation. of the Pacilities, at its 010111 coat and
expense, repair and X'eturn the Public Right·of.Way, in which the
Facil ities were located, to' a safe and satisfactory condition in
accordance with appl icable La,,,,,,"s. If MFS does not return the
affected site to a. safe and s3tlsfactok:Y condition, then City shall
have the option to perform or cause tCl be perfo:nned such reasonable
and necessary 'Work on behalf of MFS and charge the actual costs
lncurred to MFS. Upon the receipt of a demand for payment by City,
MFS shall reimbUrse City for such costs.
5.ti City will cooperate 'With l-IFS to locate an alternate
location for the Facilities within the Public Right· of Nay.
6.0 CONSTRUCTION PERMIT.
0.1 MFS shall apply for or shall caused to be applied
for a street opening permit and all other required regulatory
permits for all work and each Job to be perfo:nned within the Public
Right·of~Way, including, without limitatioll r completing and
executing the following City documents, "Application and Pel1'rlit for
Construction in Public Street" and ~Encroachment Permit and
Temporary Lease". attached hek:eto as Exhibits C and D. NFS shall
furnish detailed plans of the work and other such information as
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may be required by City. including a map showing the layout of the
Pacilities, attached hereto as Exhibit A. which is represented by
the PW Director and the Utilities Directo:'L", and all other Agencies
exercising jurisdiction over Ml'S's construction 'Work. and shall pay
all Fees as a condition precedent to the issuance of the street
opening permit and all other required regulato:t)~ permits in
accordance with the applicable rates and charg~s then ill effect.
6.2 The street opening pennit and all othtH-t-equired
regulatory permies shall describe. in detail, the Facilities to be
constructed and installed and the Public Right -of·Way in ""hich the
Facilities are to be located, The permits ahall contain the terms.
conditions, and specifications applicable to the constk.'Uction,
installation, and maintenance of the Facilities. Subject to the
provisions of Section 3.2, the construct-ioll Of the F&cil ities 6h~11
be placed under9round. unless other',dse authorized or permitted by
the Directors. MPS shall pl'ovldeo (Ol" a means of identifying from
the ground level the Facilitien which ar~ placed ulldeX'9["Qund.
6.:3 MFS, at its Bole cost and expense. shall "repair.
replace, or restore, or shall caused to be xepaired. replaced, or
restored, and shall be otherwise liable fo~" .my uMn..,g~ to City' s
streets, pavements, UndeL'grouTld FacUities, curbs~ 9utte)_'s~ and
sidewalk.s occasioned by .i..n.t.~ iliii the construction, installation,
maintenance. l'epair, and removal of th~ I;<'acilities in the Public
Right-ot-Way by MPS or one under the direction of NFS r and shall
repairr in kind r the damage at its sole cxp6nae.
6.4 Upon the issuance of a stn~lJt opening pel.l11it. by
City. MFS shall post or shall cause to be ,osted notices of the
construction work schedule in the general vicinity of such wOl"k and
shall deliver or shall caused to be delivered to those residents
and businesses 'Who will be directly impacted by MF'S'a ... ·ol-k a
written construclion work schedule at least t('n DO) Days and two
(2) Days before the commencement of the constr\lction work.
6.5 Upon the completion of construction 'Work. MFS
promptly shall furnish to City accurate plans and reco~d drawings
showing, in detail. the exact location, depth. and size of the
Facilities in the Public Right -of -Way, including, wnhout
limitation j the profiles of all street crossinga '" These plans and
drawings shall be incorporated in one '1) set of 3 mil mi nimurn.
thickness, good quality transparent mylar drawings. MPS sha1 I "
furnish to City electronic diSKS (,wltich utilize AutoCAD or
Geographic Data Systems software) containing the full set of plans
and record drawings.
6.6 To the extent directional boring or other similar
methods are used to construct or install the Facilities. MFS also
shall pothole all City mains and customer serv~.c:es 1 ines prior to
crOSSing over, under, or between such Underground f.'acilities.
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1.0 JOINT PARTICIPATION WITH OTHER PERMITrEgS.
7.1 'Co the extent it is practicable to do so, ~'1FS shall
cooperate with all other peIlnittees and permit applicants in the
planning, location, and construction of their joint and several
telecommunications facilities within the Public Right·of-Way. MFS
shall, within thirty (30} days of receipt of the demand of the PW
Director, deliver to the Publ.tc Works Department, 250 Hamilton
Avenue', 6th Floor, Palo Alto, such maps, plans, and diagrams as may
be required to'show, in detail, the exact location, size, depth,
and description of the Facilities within the Public Right· of ·Way in
relation to all other permittee telecommunications facilities. Ml"S
shall pothole its subsurface Facilities, at its 801e cost and
expense, with respect to any existing City or third party
underground utilities l telecommunications, or other facilities.
7.2 In accordance with the provisions of Chapter 3.1 of
. Division 5 of Title 1 of the Government Code of the State of
California (Section 4216 ~ ~eJl.), MPS as an operator of a
subsurface installation shall obtain membership in a regional
notification center (e.g, Underground Service Alert . N'orthe-l'n
California); and shall otherwise comply with the provisions of the
referenced chapter, division and title. MFS shall furnish proof of
such !t1etl1bership to the Pl<j Director within thirty (30) Days of
obtaining such membership. Repeal of any Law requiring such
membership shall nut negate MFS's obligation to maintain such
membership.
S.O INDBMNIFICATION AND WAIVER,
8.1 MFS agrees to indemnify, protect, defend (with
counsel accep'cable to City) and hold harmless City, its council
members, officers 1 employees, and agents, from and against any and
all claims, demands 1 losses, damages, liabilities, tinesz charges,
penaltieB~ administrative and judicial proceedings and orders,
judgm~ntsl remedial actions of any kind, and all costs and cleanup
actions of any kind, all costs and expenses incurred in connection
therewith, including, without limitation z reasonable. attorney' B
fees and costs of defense (collectively, the ·Losses·) ar1siog l
directly or indirectly 1 in whole or in part., out of the activities
Qr facilities described in this Agreement and not arising out of
the sole negligence of Cityz provided, however, City shall be
liable only for the cost of repair to the damaged Facilities
arising from City'S sole negligent acts or omissions, and City
Rhall not be responsible for any damages, losses l or liability of
any kind o_ccurring by reason of anything done or omitted to be done
by City or by any third party, including l without limitation l damages, losses z o~" liability arising from the issuance or approval
by City of a pennit to any third party or any interrupt ion in
Telecommunications Services.
8.2 The waiver by a party of any breach or violation of
any Provision of this Agreement by the othet" party shall not be
deemed to be a waiver or a continuing waiver by that party of any
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subocguJ!nt breach or violation of the same or any othel" Provision
of this ~greement.
9 .0 INSURANce.
9.1. MFS shall obtain and maintain at all times during
the term of this Agreement comprehensive general liability
insurance and comprehensive automotive liability insurance
protecting MFS in an amount of not less than two million dollars
($2,000,0001 per occurrence (combined single limit), including
bodily injury and property damage, and not less than two million
dollars ($2,000,000) aggregate, for each personal injury liability,
products-completed operations, and each accident, Such insurance
shall name City, its council members, officers, employees, agents,
and contractors as additional insureds as respects any liability
ariSing out of MFS' 8 performance of work under this Agreement
pursuant to 1SO Porm No. GC2010, Covelo"age shall be pl."ovided in
accordance with the limits specified and the Pr.ovisions indicated
herein. Claims-made policies are not acceptable. When an umbrella
or excess coverage is in effect, coverage shall be provided in
following form. Such insurance shall not be cancelled or
materially altered to reduce coverage until City has received at
least thirty (30) days advance written notice of such cancellation
or change. HFS shall be :t:espollsible for notifying City of such
change or cancellation.
9.2 :o!FS shall file the required original certificate (s)
of insurance with endorsements with City' B risk manager ~ copy to
the PW Director, subject to City's prior approval, which shall
clearly state:
9.2.1 Policy number; name of insurance company; name,
address and telephone number of the agent or authorized
representative; name, address and telephone nUmber of insured;
project name and addressi policy expiration date; and specific
coverage amounts:
9.2.2 That thirty (30) days prior notice of
cancellation is unqualifi.ed as to the acceptance of liability
for 'failure to notify CitYi and
9.2.:3 That MFS' s insurance is primary as respects any
other valid or collectible insurance that City may possess,
including any self-insured retentions City may lmve, and any
other insurance City does possess shall b~ considered excess
insurance only and shall not be required to contribute with
this insurance.
The certificate (s) of insurance with endorsements, and notices,
shall be mailed to: City of Palo Al to, Public i'l'orks Department,
P.O. Box 10250, Palo Alto, CA 94303.
9,,3 MFS shall obtain and maintain at all times during
the term of this Agre-ement statulory workers' compensation and
employer' 9 liability insurance in an amOl.H1.t not less than one
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)1Undred thousand dollars ($100,000) or such other ammmts as
required by California law, and furnish City with a certificate
Dhowlng proof of such covcl,"age.
9.4 Any insurance provider of MFS shall be admitted and
authorized· to do husiness in California and shall be rated at least
A:X in A. M. Best and Compan>"s Insul:.'ance Guide. Insurance
certificat.es issues by non-admitted insurance comp;;mies will not be
accepted.
9.5 prior to the execution of this Agreement, any
deductibles or self-insured retentions must be stated on the
cert"iricate{s) of insurance. which shall be Bent to and approved by
City., ·Cr08S liability· I 'severability of interest n or "separation
of iosu!'::eds-clauses lJhall be made a pat"t of the comprehensive
genoral liability and comprehensive automobile liability poli.cles.
10.0 PERFORMANCB BOND.
On or })cfore the Rffective Date and upon each anniversary
of.. th~ Effective Date during construction and other work to be
performed by or on behalf of Z,1FS. MFS shall procure and provide
City witll OJ sut-ety bond naming City as obligee i.n the amount of
fifty thousand dollars ($50,000) to guarantee and asoure the
faithful p!n·fonnance of !o:'lFS's obligations llndcr this Agreement.
City shall have the right to draw agail1Dt the surety bond in the
event of a default by ME'S or in the event that NFS fails to meet
and fully perfo:rn\ any of its obligations. Within tell (10) Days of
receipt of written notice from City, Ci>-)~ll renew or replace
such sums of money as ahall bring the ~ure bond current.
~~'lS 11.0 )lOTICBS.
All notices which shall or may be given pursua.nt to this
Agreement shall be in writing and transmitted through the United
Stateg mail, by meana of private delivery systems, or by facsimile
transmiAsion, if a hard copy of the same is followed by delivery
thr.ough the· U.S. mail or by private delivery systems, as follows:
City
l~FS
12.0 TERMINATION.
City of Palo Alto
Department of Public Works
P. O. Box 10250
Palo Alto. CA 94303
Attn: Director
Metropolitan Fiber Systems
California, Inc.
One Tower Lane, Suite 1600
Oakbrook Terrace, IL 60181
Attn: General Counsel
of
12.1 This Agreement cnay be terminated by City upon six
(6t months written notice to MFS for failure of MFS to fully and
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promptly cure any default, or, if sU<.:'h cure cannot. be effected
within thirty (301 dayB, that Mfo'S h.3.s not corrmenced and is
continuing effo1:ts to cure the default.
12 _2 l\ failure on the p.:"1rt of any party to pelo'form any
material obligation imposed upon such (X"1rty shall constitute a
dt:·fault and a material breach of this Agreement. Each party shall
be entitled to exercise all l"i9ht.8 and remedies in the event of a
breach and hereby n~gel-ves all rights under applicable Laws.
1).0 MISCBJ,J.ANEO\JS PROVISIOns.
13.1 Thio Agreement sholl not bp. assigned by MFS without
City's consent, which shall not be unreasonably. withheld, and any
attempted assignment sha.ll be void. The transfer of t.he rights and
obligations of NFS t.o it parent .. subsidia1:y, 01' other affiliat.e of
~fFS shall not be 4(;crr.ed an asuignment. MFS uhall give thirty (3.0)
days' prior notice of SUell transfer to City, Nothing in this
Agreement shall be deE'rr.ed to prohibit HF'S from assigning any monies
that rroay be payable to r-tps undet" the PJ:ovlsiQns of this Ag.l-eement.
13.2 This Agl-eement Cot)taillB the entire understanding
between the parties with respect to the subject It'atter herein.
There are no represent3t.ions~ agl'eerr.ent6 or understandings (whether
oral or 'Written) het .... ·een or among the parties r(!lat 1ng to the
subject matter of thte A9re~ment which are not fully expressed
hm,-ein.
13.J. This J\greernent (MY not be amended except pursuant
to a written instrutr,cnt signed by all ~'\rties.
13.4 If anyone 0): more of the Provisions of this
Agreement shall be held by COUlt of competent jurisdiction in a
final judicial action to be void, voi-dable, or unenforceable, such
Provision(s) shall be deemAd sepal'able from the 'l.-('maining
Provisions of this AgrQ.P!'I'lI3Jlt and ahall in no way· affect the
validity of the remaining portions of this ..i\9t"eerr,ent.
13.5 Any default by HFS in complying 'With any material
Provision of this .Agreement. may result in tile withholding of the
issuance of any new penmits,
13.6 MFS' 8 local tontrol tenter shall be available t.o the
staff employees of any City department staff having jurisdict.ion
over MFS's activities 24 hours a day, 7 days a .... ·eek. regarding
pl':oblems or complaints l"csul t.ing f:rom the PacH iti€s installed
pursuant to this Agreement, City may contact by telephone the
network cont:t:ol center op.erator at telephone number 1 . (BOO) MFS
CITY regarding such problems or complaints.
13. 'J This Agrcemenl shall be governed and construed b}'
and in accordance with the laws of the State of California. In the
event that suit is brought by a party to this Agreement, the
parties agree that erial of such action shall be vested exclusively
in the state COUl.-ts of Califo1;nia, C-tlunty of Santa Clara, or in the
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United States District Court in the Northern Dlstl"ict of
California.
13. e All exhibits refen.'ed to in this Agreement and .(\ny
addenda, attachments, and-schedules which may, from time t'o time.
be referred to in any duly executed amendment to thie Agl"eement are
by such reference incorporated in this Agreement and shall be
deemed a part of this A9reement.
13.9 This Agreement is binding upon the e"ccessor.~ and
assigns of the partieD hereto.
13.10 To the extent the provisions of this Agreement and
any permit required to. be obtained by MFS from Cit)· iOlt"e in
conflict" th~ provisions of the p.greement Ot-pel-rnit which irr.pose
the higher or greater legal duty or obligation shall take
precedence.
13.11 MFS acknowledges that City is developing standards
drawings and specifications for the construction an.d installation
of fiber optic cable and network, and such drawings and flpeci
fications, when final ized, shall become a p.."'\t't of City' 0 Stand[\rd
Drawin9-s and Specifications (1992). The interim draft 4/20/94.
version of the referenced fibet-optic cable network cOrJ8tt-uction
and installation specifications is attached hereto as Exhibit B.
IN WITNESS WHEREOF, the parties have executed this
Agreement on the date first above stated.
Clet:k
APPROVE AS TO FORM.
SeniOL ABBt. City Attorney
APPROVED.
City Manager
Director, Informacion Resources
Director, Public Work-s--------
Director ,---'I~Jt~.··1~i7t'i-e-s----------
Risk Manager
13
CIn OP PALO ALTO
Mayor
METROPOLITAN P&:t'KMS OF CALX 'ORHIA, XNC~ . ,
;;-:-o-t-'i!"",.,.,.,J,;, ... -", =---By~! ________ .: _~
Titl~nl6r VI~e f'($ldeut.-MF8CC
APPROVED AS TO PORM.
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CEkTIFICATB OF ACKNOWLEDGMENT
'Civil Code § 1189)
STATE OF
On ~ni:J,'S ""'1'1 _, before me, _,l:2(k~CtuQ _
~~~~,-_____ ' a n9tary public ~n and for said County, personally
appeared -1le",¥'> \ 'O..:.'l:<;lru-_____ _ ===_' personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person's) whose name (s) is/al.-e
,subscribed to the within instrume~t •. Aq._:£~~~_c..~~ __ C4-~, of flr~..J:ll.±~L_2 __ !~ln:r",\q ... y ~~--:.s...1~-~ _-"",-,, __ _
~"'rl.C( --_: __________ _
aTIdacknowiedged -i:-o-me·-tiiat1leTshe7theY--exe"c:;;u-;-t"e;;-d;;-;:-th""e~s::.,::n::e-'-i:;;n:-hIsi
her/their authorized capacity (ies), and that by his/her/their
signature (s} on the instl.-l.Urtent the person (8) I 01" the entity upon
behalr of whicll the person (a) acted, .executed the instrument.
NI'i'NESS my hand and official seal.
~~-i-fiU£L
OFFICIAl SEAL J JODI J. CAP.O
h'()YMIY P1J&fC. 97.~TI 0.' 1~~!l(Q~'.
~Y CQUloIiSSlOH Exm.tI wc.'tw
~NETWORK
/.lLJL~ TECHNOLOGIES
Melropolitan Fiber Sv:o;Iems. NeM'Olk Techno!"g'es, Inc., will be fnslemflg lhre.e 111'4'
coMulls for II Fiber Optic Netwc.rk. This 100% digital fiher optic netW<')rk W'ill provide l1igh speed voir:.,
sod dahl commun1calitms services 10 bUSrrleS'Sfls.
The mel1'1od 01 underground conslruction v,'m be by guided dl{&cI!onal boring kl1OWT\ 85 'Trencllles'!>
E1(Cf!vallon·, Thrs slala of I~.e ar1le.chnotoDY mlnlmrzM. ell:C8V2tion, grea!!), lell'uees the Impact 10
neighborhoods. pedestrf,ms and !fame. Once Ihe unde{glou~d OJnsl'ructlo~ tlSS been completed, the
proJect ~''';II be rra ns palenl exo:epJ for splice boxes vmlch w'rll be Y1sl~e on the surface.
TrHJ 1oHowtng ale iha slreets 11'1 ""Itch MFS plans on constructing this netml'k.lfll~8 Pe~ AHa Area:
Alma St., ~h St, Bryant SI., Charles!on Ad .• Commercial, COIHpcr St, C{)yot~ Hill Rd .• £,8ayshore. E
CharlMI<m Rd., EI Camino real, EmersO{t St. Garela st.. FabIan Or .•
Hamilton Avs., hanover St., Hansell Way, Hi1Mew Ave., lambert Ave., Lorna Verde Ave.,
lyiOJ1 AVlJ., MEI'lposa Ava., Mac~8y Dr., Middlefield Rd., Nelson Ret, OIN& Rd.,
P8ga Mill Rd., Park Ave., Quarry Rd., San A."tonlo Rd .• Shasla Or., Sherl<fart All".
The abova map Is Ihe cOMtructrM route.
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DRAFT: 4/20/94
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FIBER OPTIC CONDUIT INSTAllATION SECTION ax·
SECTION 3X
fiBER OPTIC CONDUIT INSTALLATION
3X·'
3X-1.1 Desc,rptlon -The scope of Ihis Work shall include directional boring for fiber
optic conduit surface restoration aod public safety. Conduil shaH be installed in 8ccor~
dence with Standard Drawing Nunl~er XXX. For typical water .. gas and wastewatE:::i
locations, please reler to ·Utilily Standards for Water-Gas-Wastewater '1992", Standard
Drawing CS·01.
3X-' ,2 Permits ~ Contlactor shall obtain a Street Opening Permit from the Public
WOrK:l Department, Engtne6rlng Division in addition to all required permits from other
applicable ,aDulaling agencies (I,e.: Santa Cla,a County, CalHans, Peninsula Corridor
Joint Powers Soard, ute.l, T~a p!ans for this permit "hall be based on the City's "Block
Book." plans which shsll be used as a base map for the project improvements. The
dasign plans shall include an engineered profile ot each streel intorsoction and all high
voltage cable crossings, showing tho locetion of oxistlng underground Ulililies in the path
of Iha conduit instaHation. These plans sheil also show tho location of tho proposed
conduit relatlvB to tho nearest utitities; a minimum crearance of 12 inches must be
mainleined to the edge of phone, gas, water, waslewat.r, stormdrain and high voltage
cables operating be,low 600 volt. Greatel clearances are neoded for the following high
yoltage cables; 24 inches for cables opeteting Irom 600 volts to 25,000 volts and 36
inches tal cables operating above 25,000 vollS, In order to facilitate the work in the
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sidewafl<: area, the Contractor shall close the sidewalk and post information signs ~,
datouring pedesuians to the sidawalk on the other side of the street. A construction
schsdule and a Haffic, control plan, to! both pedestdans and vehicles, should also be
included In tho permit sllbmittaf, in addition 10 all required permits form othei applicabfe
regurating agencies.
(3X-')
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FIRER OPTIC CONDUIT C)TAllATION
,)(-1.3 Notification· Upon approval of the Street Opening Permi! by the Public
Works Oepartment/ the Contf8c.tor shall inform residents and businesses a(fe~1od by tho
work by hand -delivering "door hangers· at least 10 working days prior to commencing
work. This will be followed by a further noticing within 481\0\lls of the scheduled Slafl
of work, If the Contraclor intends to utilize striped parking $paces, a permit from the
Transportation Division o! the Planning Department is required, NOTE: the placing of any
barricades with "no parking" signs shall occur no less Ihan 72 hours prior to tho stert of
work.
The Contractor shall notify Ihe Public Works Inspeclor, Police Department
(Communications). Utility Department W·G·W Inspect(H and Eh;!ctrlcal Underground
Inspectors no less than 72 hours prior to commencing work.
3X-1.4 EXfsting Utilities ~ The horizontal and veni<:al tocations of all existing utility
mains and lateral lines including storm drain, sanitary se'w'w'er. wator, gasi'underground
electdcal and cnmmunicalion conduits in or crossing the work area shall be verifjed by
the Contractor and, if necessary .. exposed prior to any underground work. The
Contl"ctor shall notify Underground Service Alert (USA, 1 ·800·642·24441 at least five
working days prior to excavation or boring for tho necessary ~urrace marking of existing
Ulililies. Any existing utility that Is cut or damaged during tho Contraclor's opolation
shall be called to the atlention of the Engineer and rapalred at tho contracto,'s sole
expan.e in accordance with Section 5· 7 of these Siandard Drawings and Specifications,
NOTE: that all gas services and mains will be repaired by City perso"nel. Shuldowns on
existing City utililies will be performed by CHy personnel only. All excavalions s1:.11 be
backfilled in accordance with Standard Drawing Number 401.
3X-2 Materials
3X·2.1 Backfill· Backfill shall be 'sand or granular material falling within the limits
described in the Standard Drawing. Numbcf XXX. Agg(egate base, asphall concrete.
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FIBER OPTIC CONDUIT0TAllAliON o SECTION 3X·
portland cement concrete shall conform to the requirements within these Specifications,
The use of controlled densilY fill (CDF) is permissible provided the specificalion. have
been approved by the Engineer.
3<-2.2 Boxes -Vaults or other service boxes shall be located within the sidewalk
unless an alternative location is approved in writing by the Engineer. All boxes and rids
. must be H20 traffic· rated and have the approval of the Engineer.
3X·3
3)(-3.1 DescriptIon . The Contrflctor shall install the fiber optic condui! in
accordance with the approved street opening pefmit. All conduit shan be installed
underground using directional boring or micro-tunn-a1in9 methods unless otherwiso
approved by the Engineer, No above ground saNiee bo;'(es will be peimitted. The
conduits shall be installed with cathodic-protected tracer wire approved by tho Engineer.
3X-3.2. Saw·Cutting . PrlOfto excavation of potholing or sendingJreceiving pits, the
asphalt concrete or portland cement cenerete shaH be ClIt to a neat line to full depth with
a saw-cutting dovice approved by the Engineer. The e090s of excavations broken during
construction shan be saw·cut neatly <lod removed before surface restoration. Cutllng
details ore shown in Standard Drawing, Number 401. The disposal of slurry from .aw·
cutting shall conform .to Section 3·3, Pollutio", Control, of the Standard Drawings ond
Specifications. Tho.oe areas in which sawcutting is performed shall be wet vaCllllm
cleaned to remove the cUlting residual, including the sawcutting fluids. Sawcut slurry
shaft not" be permitted to enter stormdrains. Use ot a specialized cornbtnation
saw/.vacuum machine is encouraged.
3X-3.3 Safety . Bracing and Shoring. Excavations shall be supPoried and
excavation operations conducted in accordance with the rules 01 the Califomia
Occupational Safety & Heallh Administration (OSHA). If, in Hle opinion 01 the Engineer,
there exists a situation of imminent danger to the workers, the Engineer may order the
(3X-3)
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FIBER OPTIC CONDUIT~rjSTALlATION
Wor~. stopped and the Contractor shall comply with tho rulos 01 the California
Occupational Safety & Health Administration (OSHA).
3X-3,4 Damage· Excavations In the street shall be performed in such a manner
as to prevent unnecessary damago to streets, sidewalks. landscaping and other existing
improvements or underground utilities. Remedial measures required because of
. Contractor's construction shall be ot the Contractors's sale expense,
3X-3,5 Open ,Excavations -fxcavations shall not be left open at the end of the
day. Adequate provisions shall be made for the placing of temporary steol plates in
addition to barricades, signing and ·lighting. Plywood sheets may be substituted in
sidewalk areas if authorized by the PutJlic Works lnspector. Stockpiling of excavated
material within the public right-of-way is not allowed.
3x-a.s Backfill -Backfill material shall be compacted to 90 percent minimum
relalive ~ompaction except the top 24 inches, which shall be mechanically compacted
10 95 porcent minimum (elative compaction.
Mechanically compacted backfill shall be placed in horizontal layers not exceeding eight
(8) inches, Thicker compactlnn lifts using alternative equipmenl, complying with the
manufacturer's specifjcation, will require the approval of the Engineer.
Use of alternative compaction equipment shall not relieve the Contractor from
responsibility for any damage to the conduit, surrounding ground, or existing and new
improvements,
3X·4 Excavation Restoratron (Surlacel
3X-4.1 General -Government code revisions require compliance with the
Americans with Disabilities Act (ADA). Any excavation \'·,.:ithln the "curb return" area of
an intersection will require the contractor to install a new curb ramp. The installation
13X-4)
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FIBER opne CONOUITQ>TALI_ATION o SECTION 3X·
shall comply wilh the appropriate Standard Drawing number 101. 102. or 103.
Contrar.tor sha11 rGi~statc any existing street-name impress marks.
3)(-4.2 Mat6rrals ~ Surface shall be replaced either in·kind or in accordance with
lho following lable, whichever is greater.
Existing Pavement Malarial
Asphalt Concreto
IACI
Portland Cement
Concrete
Minimum Structural Section
2" AC over
8" Aggregate Base (Class II)
or
8" AC Deep lift
6" PCC L_. _____ I_"C_CI ________ L-___________ _
Concreto: sidewalks shall be restored in kind or to a minimum thickness of 4 inches, and
shall includo 114 rabar dowels 8t 2 feet cenlers 12 inches long. The lamp black content
shall be adjusted to match existing adjacenl concrele.
Upon completion of all asphalt concrete paving (318 inch finesl. a seal coat (Fog Seal)
shall be applied in accordance with Caltrans Standard Specifications.
3X-4.3 Tesllng -Testing shall be performed 10 ensure compliance with these
specifioalions. Tho testlsl shall be conducted at no cost to the Cily. Field densily tests
shall comply wilh ASTM D2922· 71 and 03017-78 (delerminalion of in·place density and
water content of soils and soil·aggregate by nuclea{ methods). Laboratory determination
of maximum density shall comply with ASTM D1557· 78. The Public Works Inspector
shall determine the location and frequency of the tests.
END OF SECTION
(3X-51
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Fiber Optic Conduit
Location Plan
of Palo Alto Standard
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City of Palo Alto
Public W(lrKS EGcring
PN"'Ie: .lsnl1·?I~1 FAX: 4151)19·11*
ENCHUJ\\,;HIVII:N I PHIMIT o TEMPOHARY LEASE
t:;:~m$".m:;--ro.lU:rEt~,ri:::.:·-J~::;1'~~\w":;::?:ir.:-X.L:·,:":~:·~-;'::':..·,"~;;::'~;"J,.:~~ ~ • ':. ,:.~~: .. "'::. ;.::::.~.".~,tl: :..;:;:.::-'-.... .:....~..:-::-~:":
ENCROACHMENT PEnMIT (Right·ol·way, e.g., slroels, sidewalks)
=TEMPORARY LEASE (Non-Right-of·way encroachmenls)
JJ>9L1CMTjnRilIYTEE NA.XE ..... "iD ,I.OO~HS:
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~"()/'l'.! ___ I __________ _
Punu.al'lt to the pro,,.islor.s <of Sec 12.120IO/2.~.O./iO-of 1t1e-Ku11r;112'!I1 CC&-0' I~,r (ity c'
Pllio Alto, pu~rsslon Is ~'l'rfby reqJut«l to (OMtruct t;xi r.,int,ln M ffiC'N(~.~I. ()~ ~o
Ll$e citY-Ql.,TWd property, et tile .b¢ ... ~ l«afiM end 1n t/'le N;v,er o:"utrit>cl Nlc-..:
1'fP£
Debris bo)t "lth~t cm;t(l.'CtiM "'~rk
~.eb;-fs. box wit" cC'o'\IolructiQ() 'oorl::;
_Jence (te.-rpor.ary}
_Jence (peu'''''f)ffit)
_rrivate utruty
__ StrUCI~rj!o$. ~erground
_Strv:.hJres.. !lr~ hv~l
__ Stroct'Jru" !bove grO'x..::l
P1l1M. .. 'lYUP'1
~~ir"!e:-i~
E~ir.cerir.s
liuilc1i~
Rul (stale
Rut fsu:e
'Eo,gh .. urir.g
6uildi~
_T~rery e.at~dal slor.ase/!!-tcckpile EogirwrriMi
__ T~rBry ped'c"$trhn k'alkl{~y.s ErlgiMerlM
_Covered _UncO'iered
CO:oWl!nIE 'J1l1I
"41.'\$
Tral)$
lur.l
Tru .... !I.<:'i. <-Ilil
81~1. '.JIll, "(I"..,r, Tr.!.-.$
6;1~s, UIIl, Tr.v"~, '.E., lClJ
it.E., "I-!fl, ~;'if
I1tll, T,V\$, L(,U
lil~ IMP. Lcu
ATTACH~» 00 PLA.~ StlO'''ING LOCATJO'i. IlruTE .A .... '> nFE.or PR(I;-C.$[Cl E,,'UOJ;C~(~I C~ l~L
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__ ty VI\'-~ •
__ \/Ih"e'd
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hdf."M ,-J "",,:,~')~
(u ,;pu.,.-l by:
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_______ .£l"-)lr,urlf1i
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I ,,, .. """""0\" ".ll, ot ,oc"""'"Mot''' ''''''''. '''''''' "i~-;:::;:~:.:'-':'--:~-;';:;:'~:'~-"-'-M-.s:r:~:;~;::~:.~-:
l ard this p!lrail/egree.'lltflt" $~,all tUtJiNIf', Jlithin thirty I~) d~~"$ .hc ... vdUn ,..otlce 11m H_e-i:ilr (noolr,ur/iul I'tOPCf~1
Ha!"l<ogel'"". P~rmiUee/teNrH" agrtu that in the fYCt1t of f./liLvre to) rC'Q'o't slJ(:h tr.::rNcl\~l/i~(ycot,'"I\· ... hMI"I t~.t tire
t>Pl"cifiM. the r,M">e !I'.;.r ~ r~:;)'led, and Ihe City's prc:perty or UU"!ffIt rnl..::.re::l, ,by tIn City, t."'ld t/'-,e (lU 1~1frc~1 ~ ... Uen
vpo.1/ ... galost""~mittu/lu.see~ ~r.suMt to li'le FrovniOM cf S'r(" 16_(O,lhV9.S~" cf I~.e hlo "Ito H,.n{crpal Code.
PUIJIICue-/CtNnt". In .::onsldtratiM r;,( the Is~'J.MlC1! of IIlIs ptf1:lIttairet:">t>\t, a;rtu to indtolliy V"d l\ol4 P'1uuhU l~,t City
of Fato AlIo, its offieer.s, agents. 1'00 e."'91<.ytU frOQ &:"r"/ Liability ~f ...,y Ntu~e Wlats~evtr u.xed In ~"'I)h (,r In put q.
reaSM of -or' f" eny ,.,ar.""\t'r to.'V'>ectrd with ¥l'l and all (~f.at;Q(\i., structutlS or cor.:litlCtU .ul~orItN o.r p;:rA!tc,..' by thh
pe<"'1llItJa!!lre~erH" for -MCfoa(~t per.aiU, the ptmiuu "~rus and ;;n:~f(stV\d'~ 11 •• 1 tlols J'frolllil .... uts UI HI"I~,
Pernfttee/tenant* s~all be rt~pc;;~lble for ~uinil"loJ Mly .c.:» al I polrl1it5 ... hit"llll"~y t.f r<'qJ\fN lrl M ~3<or.;:y ,., .... dr~ iur hdirtiM
(wer the prcperty and/er Jlr({:>05ex:i ~e. ~·()t .... ith$ur,din; the 1l00,-e" nolhi~ cMUir>«! hnein shIll t-t>If~ltf Cily to I:B';.e ~rry
penlits or approvals requirtd (or cM~tnictiffi.
F'ermitteejter.ant-heretl"/.IIccepts thi$ pi!"llIit/a9r~~"-Mt" s\..tlject to 11111 (orrli(i~ ut ronh "'ere·ln, uo:! ll'le an.ed·.~ s~[lIIl
provisiON: which "'av.e-beM checked, IrxI 8!lrees tll .. 1 .Itt 01 uid" cco::litiw.s. w.:l p't<'ilsrO\'\S. s},,11 ~oI!' bir.:li~ 0C1 P<'fr!ittee/tt~t·~
to·t<li1"1ers, he[r$, 8$sfgr.s. tr~(\.iteree$ and ~lJC'ts.SCfS In ir,l.ere-st eof "'·fUytlltlH't. lraii ptrr.:it/.~re~t· sI'1all e~pir~ II "'>1"1:
on t"e .ef\Cro.adllrJElllt/coru.truc~ion· d<:es Mot c()(!F<'0<:E' ... it"in si",y (6') d'ly$ i)1 Ole .:rIte of aWlcval, or by t",e .eMlclf~ted Soun
da.te .as indicat«i !J;bove. whic"e ... tr is hur.
Perillittte (c>lne.-)/T-eMr"lt" /i"iie---AP~c.""'~o--~.-.. ------()att-"--~--
115: .,",_li:ell Pr~tly AdliniuratM
,._._Auln;a.r,t Cit)" H.).I'.i~tr
WP307011 O'M~194
PlRMUTEE/1[IIAA'I' ,~.Ii provIde (In tvi,y~_'\.C (1f pusotlllot"'JnJury and PrOfHty O,.."'.lIlE' !n~v~e!)(e In III forfl
Jtillok 'U(\O~lr, , ... t~ .. ~inin.n ~I' of Sl--""~;;-~'OO ueh for perSM.'Il hlJury.nd ptOputy d("0:1! or else ,_.C."'--.-:·.-
iMurer.c:e 'hen r.a.tJIi! tile Chy 0' PoliLo A 'ofy, Ih offkHS <1100 e.rFi(lyen e1 en Klditio"_ ::insurr-d.
Nfhtalr,cl so I~ IS thIs ptfollit/lu$li!'t r .. .,...lns In fortE', end' e'lioekf)(1! Qj uld (lIrrent--insurmo::e siuLL
City 0' Palo AUo, ,!.'bUc: ~rk, Englr.eed1l9 OlvlslOll.
ALTERh'ATE t()V'l:AAr.E rclQIJJR.EO: $ _____ .000 pe($""'~1 Injury u-.d $0 _____ .00(1 p.fOj:'frly ~gl';
\
1. E~r~ac~t, cOMtnlc:tton or un $l'1ail f'l<)t o:ttM be)'¢o"lCl H.r 6rU lo;Ifntifie<land sptdfltd IS part or (hie per:1it/luu.
:1. En.:ro:a~wnt sh.1I !'lOt restrict ."h;ibrUty to arty traffic CMtrol c!~vlcts. or :signs,
j, 10'0 er.eHIIc:~t I:s. p.crlllllutd in ucLU3lve bike IIM$ Iwnere ~rldng 'S not pclllIUK!)j M uop~, or ~rrQ pukf~ zo.1ts"
unless speclfic.II)' iI\;tl'lorhe<! by the CJTY'S <hid TnNpo.rtation Offld.al.
~. Er.cro.e'~t :!h"ll t'Klt block or cov«r aeces; to 8r1Y ut;litypole, lr ... ro\C)t~. vault, clunoot, villll"e, JU"lCtieon C'r~tcr boll.
S. F"en=iUttjter.ant-.&1'ta1l r.llinlain cn<::roacl'lirog or eMStnx:ad 1acillty Imd'{C)r the-propertY' In e s«'d"oo uh e,:ondHIM.
C<'XIstruetl(.n shell bf, In cOi'ifcrG'..lnc-e .... ith plt ... s apprC)lIld by t~~ tily.
6. ~l!Oevet eoru.~(\.ICtloo. nCONtrvction or lto1inteM.roCe ~ori:: t., City hdlltlts r~lres relocation or ~Hlcatloo of the
enerofC'Mc.if. corntruetlon or use, sueh reloc.tico cr .. «Iiflcatloo work shelt bEo ~ tq j:oeraiHff{u."Wlt at
persiUn/ten.=nt'$"I $ote e.'~I!:.
7. PetGliUu/UMnt" shall us\.'re ed~tt' visibility of er.erolcl\«rlt, cOMtnxlioo or vse dvriog d&yth:: .. er4 t1io;,'Il (Ir",
hCOJr ••
6. PrrllliUei-~halt confor" to all r~lr~-;e(lt$. ot the f~to Alto Tuffic Control ~"oo.!l.
9. Arq tr.tlHe striping, Si!;nin-,J or p&1Il''l'ffit .. .arlin:! ds.'2iM by peruitteeflfNnt"l or his{l'l.er cMtr~ctor !.hlll be uplu«i
by pt'rO'littetflu'"'nt" at l'Iisnllr e;:t:peM~.
10. Encroac~t. Cco;'\Str~tfon ot If:St Is subject t., I.U .e~jlr(jvil1.
11. In edr.'ltf(l(l 10 t1l.1s j:er~it, pu~lttee/ter.Jnt ~1'1~11 obtain tt,e follO'Or~ sot'mit~:
_ "Permit fllr Cor.str!.:Ction in the rl.hlrc Street~ fr('lo:l the P\bttc Engir.!ui~ O[visic(l (lIssccfate-d S·PfIDil 'S" .. __ •.
_ Parldn,) PUDlt for cU\$trvctfc.n and .e,a!nteflU'Ic<:, fr«1 TraMporutlOll [)lvl$lor..
_ hr.c:e Permit frCQ Building Jr.spe.,:tfon otvisiM.
__ 8\;fldiM' feNdt frto':! Julldfrog lnspe<tLcn Division.
_ Other .s~Ci8t ~rlllt:
12'. _ See Aua~nt($) _____ • ____ . _____ for &dditicw.l pc(oit condilloos.
13. O!I\~R::
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___ .. ________ , _______ ----<>-'_---_0--__ ' ______ o ___ ~ ___ _
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