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HomeMy WebLinkAbout1984-215 Authorizing Execution of Amendment to Agreement with AT&T re relocation of cables in conflict w construction for Tippecanoe Ave Bridge1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 RESOLUTION NO. 84-215 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AMENDMENT TO UTILITIES AGREEMENT WITH A.T.& T. COMMUNICATIONS OF CALIFORNIA, INC. RELATING TO RELOCATION OF COAX CABLES IN CONFLICT WITH CONSTRUCTION OF THE NEW TIPPECANOE AVENUE BRIDGE OVER THE SANTA ANA RIVER. BE IT RESOLVED BY THE MAYOR AND COMMON! COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and directed to execute, on behalf of said City, an agreement with A.T.& T. Communications of California, Inc. relating to relocation of coax cables in conflict with construction of the new Tippecanoe Avenue Bridge over the Santa Ana River, which agreement is attached hereto, marked Exhibit "A" and incorporated herein by reference as fully as though set forth at length. SECTION 2. The agreement shall not take effect until fully signed and executed by both parties. The City shall not be obligated hereunder unless and until the agreement is fully executed and no oral agreement relating thereto shall be implied or authorized. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at F. n adjourn regular meeting thereof, held on the _ 6tr. day of June 1984, by the following vote, to -wit: AYES: Council Members Castaneda, ne�_11.-�7, Hernandez, _ Marks, Frazier, ntri_ckler NAYS: None 24 ABSENT: Council Member nui_el _ 25 26 27 28 awli City Clerk ,d 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 I� 24 25 26 27 28 The foregoing resolution is hereby approved this day of June 1984. ayor of Oie City San Bernardino Approved as to form: City Att rney - 2 - TIPPECANOE AVENUE BRIDGE OVER SANTA ANA RIVER AGREEMENT This AGREEMENT made this day of , 1984, by and between AT&T COMMUNICATIONS OF CALIFO IA, INC., herein called "AT&T-C", having an office at 795 Folsom Street, San Francisco, California, and the CITY OF SAN BERNARDINO, a municipal corporation, herein called "City", having offices at 300 North 'D' Street in San Bernardino, California 92418. WITNESS WHEREAS, City plans to construct a new bridge for Tippacanoe Avenue, over the Santa Ana River; and WHEREAS, AT&T-C has acquired a right of way 20 feet in width by Grant of Easement recorded on February 5, 1947; and WHEREAS, AT&T-C has installed certain underground telephone facilities within said right of way; and _ WHEREAS, the communications facilities installed within the above referenced right of way are in conflict with the planned new structure and will have to be relocated in order to facilitate construction; and WHEREAS, City and AT&T-C desire to set forth the terms and conditions under which relocation of the telephone facilities will be accomplished. NOW THEREFORE, it is mutually agreed by and between the parties hereto as follows: 1. Relocation is required of certain utility facilities of AT&T-C, cost of which is to be borne by City because of Owner's documented right of way. 2. The Underground coaxial cable shall be relocated on an interim basis on the existing bridge, in accordance with plans approved by City. After construction on the new bridge has progressed sufficiently, the coax cable shall be relocated on a permanent basis to the space provided in the new bridge. Work shall be done pursuant to the initial Notice to Relocate, by letter dated April 30, 1984, Plan No. 6358, and any future Notice to Relocate, all of which are referred to and incorporated by reference, and are on file with AT&T-C and City Engineer's Office, San Bernardino, CA. Minor deviations from the above described work may be made and incidental work may be performed by AT&T-C when mutually acceptable by both parties. EXHIBIT "A" 2 3. AT&T-C agrees to perform a portion of the herein -described work with it's own forces and to cause a portion of the herein -described work to be performed by a contract with the lowest qualified bidder selected pursuant to valid competitive bidding procedure, and to furnish, or cause to be furnished all necessary labor, materials, tools and equipment required therefore, and to prosecute said work diligently to completion within 150 calendar days for initial relocation in first phase, and 90 calendar days for second phase relocation after receiving written notice. 4. The City shall pay its share of the actual cost of the herein -described work within 90 days after receipt of AT&T-C's itemized bill in quintuplicate, signed by a responsible official of AT&T-C, compiled on the basis of the actual cost and expense incurred and charged or allocated to said work in accordance with the uniform system of accounts prescribed for AT&T-C by the Federal Communications Commission. It is understood and agreed that the City will not pay for any betterment of increase in capacity of AT&T-C facilities in the new _ location and that AT&T-C shall give credit to the City for all assured depreciation on the replaced facilities and for the salvage value of any material or parts salvaged and retained or sold by AT&T-C. The estimated cost of work by AT&T-C is $83,100.00. 5. Detailed records from which the billing is compiled shall be retained by AT&T-C for a period of four years from the date of the final bill and shall be made available for verification by City, State and Federal auditors. 6. AT&T-C shall submit a Notice of Completion to the City Engineer within 30 days of the completion of the work described herein. 7. It is understood that said highway is a Federal -Aid highway and, accordingly, FHPM 1-4-4 is hereby incorporated into this Agreement. 8. AT&T-C hereby agrees to comply fully with all of the provisions of Appendix "A", which is attached and which is incorporated in full herein by this reference. This clause shall be applicable only in those cases where AT&T-C does not perform the work with AT&T-C's own forces. 3 9. City hereby acknowledges the priority and permanency of AT&T-C's title by virtue of the Grant of Easement. AT&T-C rights within the space provided in the new bridge shall be no less than its right under the Grant of Easement, which includes but is not limited to the right to install, reconstruct, maintain and operate the aforementioned coaxial cable. CITY OF SAN BERNARDI y r Attest City Clerk Approved as to form —z 4o�� �4� CA y Attorney AT&T COMMUNICATIONS OF CALIFO INC. ` 1 W'. pe�*§ f �� APPROVED AS TO FORM !� 5r L!i Attorney �. APPE`:Ill \ A Ouring the prrtorinance of this: contract, Chet contractor, for itself, its a►..sigtiees nn:i sue•re•ssors in interest (hereinafter referred to :ts the• '`(-.un- tractor") agrovs its follows: (1) Con,l►liance %Nu'It Regillatiuns: The contractor shalIcon.pi%. «ith the Regid,etions relative to nondisc:rimiwit ion in Federal[N-::.s;isted prop.ranv..: of the Department of Transportation Title 19, Cod(! of Federal Ret.�ulations, Part 21, as they may be antenfled from time to tune, (he.rvinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. (`?) Nondiscrimin:rtiern: The contractor, with regard to the work performed by it during; the contract, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of suh- contractors, including procurements of materials and leases of vquip- ment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulation;, including employment practices when the contract covers a program set forth in Appendix 13 of the Regulations. (3) Solicitations for Subcontracts, Includinn Prpeurentents of Materials and Equipment: In all solicitations, either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials or leases of equip- ment, each potential subcontra for or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color or national oricritt. (4) Information and Reports: The contractor shall provide ail information and reports required by the Regulations, or directives issued pursu:nt thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined I;y tha State Highway Department or the Federal Highway Adminis- tration to be pertinent to ascertain compliance with such Regulations or directives. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information, the contractor shall so certify to the State Highway Department, or the Federal Highway Administration as appropriate, and shall set forth what efforts it has made to obtain the information. (5) Sanctions for Noncompliance: In the event of the contractor's non- compliance with the nondiscrimination provisions of this contract, the State Highway Department shall impose such contract sanctions as it or the Federal Highway Administration may determine to be appropriate, including, but not limited to: ;a:) withhold:n r of payments to the contractor under the contract until the contractor complies, and/or (b) cancellation, termination or suspension of the contract, in whole or in part. (6) Incorporation of Provisions: The contractor shall include the pro- visions of paragraph (1) through (G) in every subcontract, including procurements of materials and leases of equipment, ttnle-ss exempt by the Regulations or directives issued pursuant thereto. The con- tractor will take such action with respect to any subcontractor or procurement as the State Highway Department or the Federal High- way Administration may direct as a means of enforcing such pro- visions including sanctions for noncompliance: Provided, however, khvt, in the' event a contractor becomes involved in, or is threatened WIJ,, litigati._,te with a suhcontrtictor or supplier as a result of such i-)n, t'.-r: c.ont.-actor may request the State Highway Department to enter into such litigation to protect the interest of the State, and, "!c contractor may request the United States to enter nfo 1ttitraLion to nrot.ect th,, interests of the ('nited States.