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Home My WebLink About04 APPROVE LETTER OF AGREEMENT TRANSFERRING OWNERSHIP OF UNDERGROUND TELECOMMUNICATION FACILITES ALONG MOFFETT DRIVE AND PARK AVE. TO AT&TAgenda 4 AGENDA REPORT Reviewed: lm City Manager Finance Director MEETING DATE: OCTOBER 18, 2016 TO: JEFFREY C. PARKER, CITY MANAGER FROM: DOUGLAS S. STACK, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER SUBJECT: APPROVE LETTER OF AGREEMENT TRANSFERRING OWNERSHIP OF UNDERGROUND TELECOMMUNICATION FACILITIES ALONG MOFFETT DRIVE AND PARK AVENUE IN TUSTIN LEGACY TO AT&T CALIFORNIA SUMMARY Construction of the ongoing improvements on Moffett Drive between Park Avenue and Jamboree Road and on Park Avenue between Moffett Drive and Victory Road includes installation of Pacific Bell Telephone Company dba AT&T California underground telecommunication facilities within the public right of way. It is therefore necessary for the City of Tustin to enter into Letter of Agreement transferring ownership of the underground telecommunication facilities to AT&T California. The facilities are in the right of way pursuant to the franchise. RECOMMENDATION It is recommended that the City Council approve a Letter of Agreement transferring ownership of underground telecommunication facilities along Moffett Drive and Park Avenue in Tustin Legacy to AT&T California, and authorize the Mayor and City Clerk to execute the agreement on behalf of the City. FISCAL IMPACT AT&T California will reimburse City for the actual cost of placing underground telecommunication facilities in the amount not to exceed $82,940.80. CORRELATION TO THE STRATEGIC PLAN This agreement contributes to the fulfillment of two goals in the City's Strategic Plan. First is contribution to the fulfillment of the City's Strategic Plan Goal A: Economic and Neighborhood Development; specifically the project implementation of Strategy #1 which, among other items, is to develop critical phases of Tustin Legacy. Secondly, the project addresses Goal D, Strategy #2, by working collaboratively with agencies to address issues of mutual interest and concern. DISCUSSION/BACKGROUND Construction of the ongoing improvements on Moffett Drive between Park Avenue and Jamboree Road and on Park Avenue between Moffett Drive and Victory Road includes installation of AT&T California underground telecommunication facilities within the public right of way. AT&T California requires this Letter of Agreement in order for them to reimburse City for the actual cost of placing underground telecommunication facilities. AT&T California will not require the City of Tustin to provide AT&T easements for structures placed on Moffett Drive and Park Avenue as all the structures have been placed in the public right of way. A copy of the Letter of Agreement is attached. Agreement Transferring Facilities to AT&T California October 18, 2016 Page 2 S. tack, P. E. i Public Works/City Engineer ment: 1. Letter of Agreement by and between The City of Tustin and Pacific Bell Telephone Company dba AT&T California dated September 26, 2016. SADly Com! IMM12016 Coed Itero110.18.20160MM AW"mA TraMw 0 Oma d FadlMee to AT&T CalHwialApp AQearee TwwW p Oww" d FS&Aw m AT&T CalftT"AD= September 26, 2016, The City of Tustin, a municipal corporation 300 Centennial Way Tustin, CA 92780 ATTENTION: City Creek, City of Tustin Job Reference: LE(70) A008NNV Sir or Madam, This Letter of Agreement, by and between The City of Tustin, a municipal corporation ("City") and Pacific Bell Telephone Company dba AT&T California ("Pacific"), sets forth instructions for placing the underground telecommunication facilities which consists of conduit, vaults, vault frames, covers and incidental hardware as described in Paragraph 3 below (the "structure") to The City of Tustin, in accordance with the California Public Utilities Commission Tariff Schedule No. A2, Rules 15 and 16. City agrees to: 1. Prior to the commencement of any work to be performed hereunder or at mutually agreed time thereafter, City shall grant to Pacific all necessary easements for the Structure and associated telecommunication facilities in the locations and in a form mutually satisfactory to Pacific and City. 2. Construct the Structure to Pacific's specifications and obtain prior approval from Pacific's engineer before making any design changes. 3. Furnish and place the structure consisting of all required conduit, vault(s), vault frame(s), cover(s) and incidental hardware; encase all radii and bends (80 feet or less), where applicable, as per drawing(s). Job Number: LE(70) A008NNV Drawing Numbers: 1-1-1-3 NOTE: INCIDENTAL HARDWARE DOES NOT INCLUDE PEDESTALS OR INTERFACES. 4. Obtain necessary permits for all excavation work. 5. Be responsible during construction by City for loss of material, unreasonable damage, breakage and any liability in connection with any material furnished by Pacific; provided, however, that City shall not be liable for design or other defects in materials existing at the time the materials are delivered by Pacific. 6. Mandrel all ducts, place pull wires or 3/8 inch line in all ducts, verify all ties and provide accurate measurements for all conduit placed. 7. Notify Pacific's Subway Inspector on (714) 669-2289 no later than five working days prior to start of conduit placement. Job #: LE(70) A008NNV Dwg. 1 Issue 1 8. Supervise the coordination between various contractors working within the project in order to prevent damage to Pacific's telecommunication facilities, including but not limited to the structure. The cost of repairs, replacement or relocation of such facilities made necessary by others will be at the expense of the City until the project is complete. 9. When constructed, inspected and accepted, and title to the Structure is vested in Pacific, then Pacific will assume maintenance of the Structure. City or its contractor, however, shall be responsible for any liability regarding integrity of trench compaction and paving according to public agency permit requirements for a period of two years. 10. Indemnify Pacific and save it harmless from all loss or liability of any character whatsoever, including damage to Pacific's Telecommunications facilities, included but not limited to the Structure arising directly or indirectly out of the negligence or willful misconduct of City, its contractors, employees, agents or permittees, in connection with the work to be performed hereunder or of any development activity on or for developers property. This indemnity does not apply to design and other defects arising in materials provided by Pacific at the time such materials are delivered by Pacific or the acts or omissions of Pacific. 11. After the Structure is accepted by Pacific, provide a bill to Pacific for Pacific Bell's share of the cost for this project as set forth in paragraph 5 below, send the bill to: AT&T California - Engineering Dept. Acquisition Desk -Melinda Powers 3939 E Coronado St, 2nd Flr. Anaheim, CA. 92807 Pacific agrees to: 1. Furnish City with working drawings and specifications for placing the Structure. 2. Furnish a list of approved contractors, supplier index, and material specifications. 3. Furnish and place all pedestals and (or) interfaces. 4. Provide inspection for the placement of conduit and/or vault(s). 5. Reimburse City, upon Pacific's acceptance of the Structure, for the cost of placing conduit classified as transiting conduit. Pacific will, upon submission by City of actual contractors and suppliers paid bills, reimburse City for the actual cost of placing such conduit system (100% of total structure), provided that under no condition will this cost exceed $82.940.80. 6. Indemnify,City and save it harmless from any loss or liability of any character whatsoever arising directly or indirectly from design and other existing defects in materials provided by Pacific or the acts or omissions of Pacific in performing its obligations hereunder. Failure by either party to comply with the agreements as set forth in this letter could cause delay in providing service to the subject development. Also, if there is no evidence of construction within 90 days from the date of execution, this Letter of Agreement may be terminated by written notice from either party. Job #: LE(70) A008NNV Dwg. 2 Issue 1 Upon completion of work and acceptance by Pacific's Inspector, this letter shall be deemed a "BILL OF SALE," thereby transferring ownership of the Structure to Pacific, free and clear of any and all liens, claims and encumbrances. Please sign the original copy of this letter and return to: AT&T California - Engineering Dept. Acquisition Desk -Melinda Powers 3939 E Coronado St, 2' Fir. Anaheim, CA. 92807 Best wishes, Richard Ransom Engineer, AT&T California Telephone: (714) 237-6646 PACIFIC APPROVAL BY: TITLE: MANAGER DATE: GRANTOR THE CITY OF TUSTIN, a municipal corporation BY: TITLE' DATE: ACCEPTED BY: PACIFIC SUBWAY INSPECTOR DATE: BY: TITLE: Job #: LE(70) A008NNV Dwg. 3 Issue 1