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Home My WebLink AboutGUZMAN, SILVINO, JOSEFINA AND EFRAIN (2)DMFjfm 6j6J83 AGREEMENT FOR INSTALLATION OF OVERHEAD AND UNDERGROUND CABLE THIS AGREEMENT, made and entered into this -_ day of 1983, by and between the City of Santa Ana, a municipal corporation of the State of California, ("CITY") and Group W. Cable, Inc., a corporation organized under the laws of the State of New York, hereinafter referred to as "GROUP W." W I T N E S S E T H Recitals: A. CITY and GROUP W previously entered into a franchise agreement dated June 24, 1982 for the installation of a cable television system in the City of Santa Ana. B. In connection with the installation of said cable television system, it is necessary for GROUP W to perform certain excavation on public property and overhead installation of cable. C. CITY requires the installation of certain overhead and underground cable, and it is more economically efficient for CITY to use the excavation and overhead installation work performed by GROUP W in connection with the cable television system for the installation of CITY's underground and interconnect facilities. WHEREFORE, in consideration of the respective and mutual covenants and promises hereinafter contained and made, and subject to all of the terms and conditions hereof, the parties hereto do hereby agree as follows: 1. GROUP W agrees to install CITY's underground and overhead cable in Group W's excavation at the same time as GROUP W installs its cable television system. c , -1- 2. The parties agree that the cost to CITY shall be the following: Unit Price a. Furnish 2 pr. per REA-PE54 (2/19) cable $190/1000 ft. b.'- Furnish terminal box $ 35.00 ea. C. Furnish 1" rigid conduit $ 1.00/ft. d. Install 1" conduit and place pull wire No charge e. Overlash 2 pr. or 6 pr. cable $ .25/ft. f. Install terminal box $ 15.00/ea. g. Set pull box $ 25.00/ea. h. Provide pull boxes $ 20.00/ea. 3. GROUP W shall keep an account of the cost of installation of cable, including, but not limited to, labor costs. Said costs shall be set off against permit fees required to be paid by GROUP W for GROUP W's underground cable television construction. When said costs of labor and materials exceeds the total value of GROUP W's underground cable television construction permit fees, GROUP W shall have the option of presenting invoices for the balance due and owing to GROUP W from CITY as incurred or upon completion of construction. Said invoices shall be paid by CITY's Director of Transportation Services upon verification of said costs by CITY's Director of Public Works. In no event shall the invoice presented by GROUP W exceed the amount of Nine Thousand Nine Hundred and Ninety -Nine Dollars ($9,999.00). 4. GROUP W agrees to maintain during the installa- tion of CITY's overhead and underground cable all insurance required in force and effect pursuant to the franchise agreement between GROUP W-and CITY. -2- 5. CITY shall hold GROUP W harmless from and shall indemnify GROUP W for any and all claims, demands, losses, liabilities, suits, actions, judgments or proceedings of any kind, including, but not limited to, workers' compensa- tion claims resulting from or arising out of the acts, errors or omissions of CITY, its employees or agents, in the interconnection of said cable with CITY's traffic signal system after GROUP W has installed CITY's cable. 6. All work performed pursuant to this agreement shall be completed in accordance with a mutually acceptable schedule of performance in keeping with that set forth as "Exhibit A" within the CATV franchise agreement, and in a good and workmanlike manner in accordance with all building codes of the City of Santa Ana. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. ATTEST. CITY OF SANTA ANA, a municipal corporation of 14 the State of California JANICE C. GUY, `Clerk of the Councils =r f' MAYOR "CITY" APPROVED AS TO FORM: GROUP W CABLE, INC., a corporation J P t 41 _r -- IV EDWARD J . ,iCOOPER� By: City Attdrnd'' "GROUP W" l An 'Manage" i'� a -3- 9 I FLE 2ES0L[JTI0N NG, 83® 78 �wp 11TEEtfENT WITH GRYIP JW CABLE ROR OVERHEAD .4I3 UNDERGROUND CABLE p3�h CRY P iMAGER I CLERK OF THE COYNOL G� I £: RECOW95NDED ACTION That the City Council adopt a resolution authorizing an exemption to the bidding process, and 2) adopt and execute an agreement with Group W Cable, !no., for overhead and underground cable installation services. EXECUTIVE U M hi wi wn c_=.jvh e the Computerized Traffic Signal System, the Transportation Eepar went is installing traffic signal interconnect cable wherever practical. This cable is intended to link most of the major traffic signals in the City with the central canputer system. In lieu of paying underground construction permit fees, Group W Cable has offered to offset the value of the permit fees against the value of the overhead and underground cable installation services that it would provide. The estimated value of the permit fees in question is $30,232. The estimated value of overhead and underground cable installation services to be provided is $27,682. If the value of the services provided by Group W Cable is less than the value of the permit fees, Group W Cable will pay the difference- If it is the contrary, the City will pay the difference. vpproval of this action would not in any way eliminate Group IMF Cable's responsibility toward applying and meeting the City's construction permit obligations. Refer to Exhibit A for a preliminary listing of propose.; traffic signal interconnect facility locations. The City would basically be paying for the cost of the materials and same minimal labor charges. Normally, the City would have installed the cable underground; however, because Group W Cable is installing over --ground and underground cable, r_.e City has elected to have its cable installed over -ground and undergrounh it is estimated that if the City were to 100 percent install the cable underground, that it would cost $300,000. Thus, the potential savings of this action, if approved, would be in the vicinity of $270,OOO. Ai�i offer of this nature codes very seldan. i � -`) --- cc; Z Immediate approval of this action is nondssary in view that Group W Cable has already commenced construction of the Santa Ana WTu System@ c delay of this action ;Mould reduce any potential savings that the City would receive, ALTERNATIVE Initiate a bid call for the installation of underground cable The estimated - project cost is $300,000. - 1�.' 3 ,, ---)- REL:adg 6/28/83 RESOLUTION NO. 83- 78 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING AN AGREEMENT WITH GROUP W CABLE, INC. FOR THE INSTALLATION OF TRAFFIC SIGNAL INTERCONNECT CABLE AS AN URGENCY PROJECT WITHOUT ADVERTISEMENT FOR BIDS, AND STATING THE FACTS CONSTITUTING SUCH URGENCY BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: 1. That the City Council finds and determines that the execution of that certain agreement entitled "Agreement for Installation of Overhead and Underground Cable," on file in the office of the Clerk of the Council (hereinafter referred to as "said Agreement") is of necessity for the preservation of property for the 4, -easons: (a) The City Council desire, - ,,--ovide for the installation of traffic signal interconnect cable in various areas of the City. (b) Group W. Cable, Inc. is now beginning the process of installing cable throughout the City pursuant to its cable television franchise granted by the City Council, and is able and willing to install the City's traffic signal interconnect cable.simultaneously,pursuant to said Agreement. (c) Said Agreement will provide for the installation of the City's traffic signal interconnect cable at less expense and more quickly than would be possible under any agreement for such installation that could be advertised for competitive bids. (d) Unless said Agreement is authorized now, Group W. Cable, 'Inc. will proceed with the installation of its cable pursuant to its franchise without installing the City's traffic signal interconnect cable. (e) The said Agreement is therefore urgently necessary to preserve public funds. IO s,. \ 1 m e� � � Q1 Q � "� Q) V _ -z -' NiAYGR R. V1%. Luxembourger VICE ' IAYOR Daniel E. Grset COO CIL' IFNABERS form Accuta Gordon Brlcken P. Lee }ohm -son Patricia A. ,icGuigan Dan Young July 15, 1983 Mr. Richard Anderson Group i-S Cable 1400 N. fain L.anta Ana, CA 92701 STY OF SANTA ANA ALL-AMIERICA CiT,Y 1198-2-83 CITY t.;=,NAGER A I. �161son CITY ATTORNEY Ed,ard ). Cuoper CLERK OF THE COiJNC!L amce C. Gu4 RE: AGREEMENT FOR OVERHEAD AND UNDERGROUND CABLE INSTALL? TON SERVICES Encloses: for your records is a sicned copy of your agreetEent with the City of Santa Ana, approved by the City Council at its meeting on July 5, 1983, and Executed accordingly. CLEERK OF HE COU!,CIL 11 By: Tr4 Byron Dean Asst. Clerk of the Council ig Enclosure 2!CIVIC C=N ER PLAZA . F_O- BOX '488 SANTA ANA, CALiFOR."JA 92742 F-