HomeMy WebLinkAbout2003 CON SDG&E- Annual Work AgreementP
Memorandum of Understanding between National City, a Municipal Agency, and San
Diego Gas & Electric Company regarding notification, permits and fees for
encroachment and excavation work conducted by the utility in the public right -of way
and establishing this memorandum as an Annual Work Agreement between the
agency and the adlity in recognition of the provisions of Chapter 13.12.
Section I Purpose
The purpose of this memorandum is 1) to clarify the respective authority and responsibilities of the City of National
City (City) and San Diego Gas & Electric Company. (SDG&E) as it relates to SDO&E's work in the public right-of-
way within the City; 2) to formalize their understanding regarding the circumstances under which SDG&E will notify
the City of its intent to conduct any public utility facility installation, modification, maintenance or repair wort 3) to
define under what circumstances SDG&E will apply for an encroachment or excavation permit prior to initiating its
work and; 4) to establish this memorandum as an Amital Work Agreement and thereby provide the mechanism
which outlines the procedures to be followed The MOU is specifically recognized as being consistent with the
provision of Chapter 13.12 and shall be reviewed from time to time to assure conformance with all City ordinances.
Section 1T - Background
SDG&E holds an ordained franchise with the City which among other things, requires the utility to indemnify, save,
hold harmless and defend the municipality, its officers and employees from all liability for damages proximately
resulting from any operations under the franchise. Further, the franchise, state statutes and California Public Utility
Commission (CPUC) rules require SDG&E to abide by grubs, regulations, laws and standards set forth by the
responsible governing agency federal, state or local - including detailed construction methods, design and,eafety
standards, and other municipal regulations and standards, not preempted by state or federal rules or laws, including those
standards addressing final street and landscape repair.
Section III — Definitions
Whenever words or phrases are used in this memorandum they shall have the respective meanings assigned to them in the
following definitions:
(a) The word "construction work" shall mean excavation, construction, installation or fabrication of structures,
piping, poles and conduits and appurtenances in, under or over the public right-of-way, or combination thereof. It
includes installation and removal relocation of power poles, potting to locate facilities, and raising or lowering
valveboxes or handholes. The tern also includes "excavation work".
(h) The phrase "customer service work" shall mean non -emergency, non -construction work which is
urgent in nature, has been requested to be completed with minimal or no notice, can be completed in a short time frame
and is initiated to fulfill the City's and SDG&F's desire to provide a high level of customer service to the residents and
businesses within the City.
(c) The phrase "non -construction work" or "minor work" shall mean all work which by its nature and
length of time worked will have little or no impact upon the public right-of-way or the users thereof. Some
examples of minor work are: maintaining, adjusting or replacing existing facilities; cable pulling, short service runs,
tie-ins, tree trimming, manhole or handhole cleaning. and other like work in the right away. it includes "customer
service work".
(d) The phrase "ordinary work" shall mean construction work in the public right-of-way. Some examples of
ordinary work arc: maintaining, adjusting, replacing or installing facilities, raising or lowering valve boxes or
handholes, potting to locate facilities, tapping. boring and similar construction work in the right of way.
(e) 'fhe phrase "excavation work" shall mean any work in which earth, rock, or other material in the ground is
moved, removed or othenvise displaced by means of tools, equipment, or explosives in any of the following ways:
grading, trenching, digging, ditching, drilling, auguring, tunneling, scraping, cable or pipe plowing and driving, or any
other way. It is synonymous with "construction work".
Section IV — Tern: of Work .Agreement
This agreement is effective from the date of' approval until terminated upon 30 days written notice by either
party or modified by mutual written agreement.
Section V-Notification
• At least 48 hours prior to initiating SDG&E authorized minor work, SDG&E will provide to the City a written
notice of'its intent to commence work. Notification will be by fax, with a confirming fax from the City,
however work may proceed after 48 hours.
• For ordinary or construction work for which it is reasonable to expand upon normal interface with the
municipality, SD(i&1i will be responsible for contacting the City at ]east 7 calendar days in advance, advising
them of the circumstance and magnitude of the work and determine the extent of interface necessary. SI)G&E
shall also submit construction drawings. and if appropriate apply for and be issued a formal ministerial permit.
• Notification for emergency work will take place as soon as practical, but no later than 72 hours following
commencement of the work.
Section VI - Traffic Control
For all construction work in the public right of way. SDG&E will abide by appropriate traffic control standards for
the safe movement of traffic upon highways or streets in accordance with the State Vehicle Code and as per the State of
California Manual of Traffic Controls and the Work Area Traffic Control Handbook (WATCH) . The conforming Work
Area Protection and Traffic Control Manual as prepared by the California Joint Utility Traffic Control Committee and the
San Diego Regional Standard Drawings for Traffic Control will also he available for reference. SDG&1? will submit
detailed traffic control plans for work which warrants municipal participation and review. Reference to any of the stated
traffic manuals as part of the notice of intent to commence work is appropriate and acceptable. Notice will be provided in
accordance with Section V.
Section VII - Street Repair
National City has the right to expect that any damage to a right-of-way will be restored to a usable mariner in a
reasonable time period. For those sections of the public right -of way damaged by SDG&E. SDG&E will repair or
replace the right-of-way to a like or better condition using SDGE/City of National City T-cut standards. SDG&E
will also guarantee the repair for an indefinite period. SDG&i. shall not be required to make full width overlays
on major excavations into newly resurfaced streets pursuant to Section 13.12.070 except where the standard
repair is inadequate and fails to perform to the C'ity's reasonable satisfaction.
Section VIIi - Special Conditions
SDG&E will work with National City to address circumstances and conditions unique to that community and
will comply with all reasonable requests which are intended to mitigate or lessen any impact caused by
SDG&E's authorized work.
Section IX - Fees
Fees will be in accordance with the National City Fee Schedule. The assessment of fees shall be waived for SDG&F.
and its agents and assigns for all City initiated projects.
Section X - Miscellaneous
a. Working hours arc from 7:00 a.m. to 5:00 p.m.. Monday through Friday. Advance approval for
deviations from these hours shall be obtained from the City.
b. A City business license is required for SDG&E contractors, regardless of the scope of work.
c. Whenever practical. new service laterals shall be bored from the property line or under curb and
sidewalk, in lieu of cutting the street.
d. SDG&E shall preserve or promptly replace survey markers, including street monuments and
bench marks disturbed during the course of construction by its crews or contractors.
e. Concrete cross -gutters. sidewalks, alley aprons and pavements shall be replaced entirely from joint to joint
once disturbed. All decorative sidewalks shall he replaced with same type of material and color.
f. Permanent trench resurfacing shall be performed in a reasonable timc frame following placement of
conduits or gas pipe. No open trenches will be permitted to remain in the public right-of-way for extended
periods of time. At the end of each working day or upon leaving a site for another location, the open
excavation shall be covered with steel traffic plates. Open trenches will normally be backfilled
within 24 hours.
g.
In the case of wrench failure, SIXi&]i shall respond within a reasonable length of time, not to exceed 30
days from date of notice from the City unless otherwise agreed, to correct the defective work.
h. Prior to commencement of work in the vicinity of traffic signal loops. SDG&E or its designated
contractor shall call National City Public Works at 336-4360 for mark outs of the loops. The Engineering
Department will provide SDG&I.i a copy of the up-to-date signal plan. Any loop that is damaged
shall be repaired by SDG&L to the City's up-to-date standards immediately after the trenching. If
present, any damaged traffic signal coordination conduit and the conductors shall be replaced and tested.
Section XI - Dispute Resolution
If during the term of this agreement a difficulty is encountered which cannot he settled by the City's Engineering staff and
SDG&E Construction Management staff it shall become the responsibility of the City's City Engineer and SDG&E's
Director of Governmental and Public Affairs to promptly conclude the dispute with a reasonable solution. Otherwise,
the dispute resolution provisions of chapter 13.12 %will apply.
SAN DIEGO GAS & ELECTRIC COMPANY
NATIONAL CITY
By:
L.F. Schott
Its: Regional Vice President
Public Affairs
s���
Date/—! i 2° 7j
By:
Nick Inzunza
Its: Mayor
Date: July 1, 2003
By:
Its: Acting City Manager
Date: July 1, 2003
City of National City
Office of the City Clerk
1243 National City Boulevard, National City, California 91950-4397
Michael R. Dalla, CMC - City Clerk
(619) 336-4228 Fax: (619) 336-4229
July 15, 2003
Ms. Randa Trapp
Sempra Energy
101 Ash Street
San Diego CA 92101
Dear Ms. Trapp,
On July 1, 2003, Resolution No. 2003-92 was passed and adopted by the
City Council of the City of National City, authorizing the City Manager to
execute a Memorandum of Understanding with SDG&E for an annual work
agreement pursuant to Chapter 13.12 of the Municipal Code.
We are forwarding a certified copy of the above Resolution and a fully
executed original MOU.
Sincerely,
a i
Michael R Dalla, CMC
City Clerk
MRD/mla
Enclosure
cc: PW / Eng
File No. C2003-23
® Recycled Paper
MEETING DATE July 1, 2003
City of National City, California
COUNCIL AGENDA STATEMENT
AGENDA ITEM NO. �—
(-ITEM TITLE
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN
MOU WITH SDG&E FOR AN ANNUAL WORK AGREEMENT PURSUANT TO
CHAPTER 13.12 OF THE MUNICIPAL CODE
PREPARED BY
EXPLANATION
DEPARTMENT
Rudolf Hradecky City Attorney
SDG&E and the City, in recognition of SDG&E's franchise and the provisions of
Chapter 13.12 of the National City Municipal Code, have agreed to adopt a Memorandum
of Understanding ("MOU") to deal with the various administrative requirements of City
ordinances regarding work in the public right-of-way. The MOU reflects the
understanding reached between City and SDG&E staff.
Environmental Review
♦
N/A
Financial Statement
There is no cost to the City.
Approved By:
Finance Director
Account No.
STAFF RECOMMENDATION
Adopt resolution.
BOARD / COMMISSION RECOMMENDATION
N/A
ATTACHMENTS ( Listed Below) Resolution No. 2003-92
Proposed resolution
Memorandum of Understanding between City and SDG&E
4.20C
RESOLUTION NO. 2003 - 92
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
AUTHORIZING THE CITY MANAGER TO EXECUTE A
MEMORANDUM OF UNDERSTANDING WITH SDG&E FOR
AN ANNUAL WORK AGREEMENT PURSUANT TO
CHAPTER 13.12 OF THE MUNICIPAL CODE
WHEREAS, SDG&E and City staff have proposed a Memorandum of
Understanding ("MOU") regarding notification, permits and fees for encroachment
and excavation work conducted by the utility in the public right-of-way, and
establishing a Memorandum of Understanding as an Annual Work Agreement
between the agency and the utility in recognition of the provisions of Chapter
13.12.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Nation& City that the City Manager is authorized to execute a Memorandum of
Understanding with SDG&E for an Annual Work Agreement pursuant to Chapter
13.12 of the National City Municipal Code. Said MOU is on file in the office of the
City Clerk.
PASSED and ADOPTED this 1" day of July 2003.
Nick Inzunza, Mayor
ATTEST:
4
Mic ael R. DaII.', City Clerk
APPROVED AS TO FORM:
, .,t
George H. Eiser, III
City Attorney
Passed and adopted by the Council of the City of National City, California, on July 1, 2003, by
the following vote, to -wit:
Ayes: Councilmembers Inzunza, Morrison, Natividad, Parra, Ungab.
Nays: None.
Absent: None.
Abstain: None.
AUTIIENT'ICATED BY:
NICK INZUNZA
Mayor of the City of National City, California
City Ierk of the City
f National City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2003-92 of the City of National City, California, passed and adopted by the
Council of said City on July 1, 2003.
City Clerk of the City of National City, California
By:
Deputy