Loading...
HomeMy WebLinkAbout2009 CON SDG&E - Amendment Marina Gateway Improvements Underground ConversionMG! A - Sempra Energy utility - Submitted to Applicant by: Dave Emerson SDG&E Work Order(s): 2882730 2882731 AGREEMENT FOR REPLACEMENT OF OVERHEAD WITH UNDERGROUND FACILITIES THIS AGREEMENT, made and entered into, by and between SAN DIEGO GAS & ELECTRIC COMPANY, a corporation, hereinafter called "Utility", and C / i / or /VATIOA L e / TY hereafter called "Applicant(s)". W ITN ESSETH: WHEREAS, Applicant(s) are the owners, lessees, or others having a legal interest in those certain premises known as Bay Marina 20B located at Harrison and Cleveland Ave; and WHEREAS, Applicant's desire that existing overhead facilities be replaced with underground facilities, and in consideration of the desirability and value which said underground facilities will add and contribute to the above premises; NOW, THEREFORE, it is agreed by and between Utility and Applicants as follows: 1. Subject to the conditions hereinafter provided, Utility, upon obtaining satisfactory easements for any required rights of way, shall remove its existing overhead electric power facilities serving Applicants and shall replace these facilities with underground facilities, in accordance with its Rule 20.B for Replacement of Overhead with Underground Facilities as filed with the California Public Utilities Commission. 2. All work performed by the Utility and Applicants pursuant to this Agreement shall be in conformity with the General Conditions and the Specifications attached hereto and by this reference made a part hereof. Utility shall furnish underground electric service to the premises shown on Specifications and, upon completion of the work specified herein, Utility shall not furnish overhead electric service to any of such premises. 3. This Agreement shall become effective only upon compliance with all of the following conditions: a) All Applicants shall execute this Agreement and shall perform all of the conditions herein contained. b) All Applicants shall execute a companion agreement with each company, municipality, or agency that is a joint user with Utility of poles, or maintains other poles, within the area from which Utility's pole will be removed pursuant to Section 1, for providing communication service, traffic signals, police or fire alarm boxes, or street or safety lighting supplied by overhead wiring. Such agreement or agreements will provide for such service to be discontinued or converted and maintained through underground circuits or other appropriate and lawful means, so that all of said poles can be removed from the area within a reasonable time after Utility has removed its poles. c) Applicants will, at their expense and in conformity with the Contract Documents as defined in the General Conditions, furnish and install the material, and facilities and perform the work indicated below by a check mark. The material, facilities and work listed below which are not indicated with a check mark shall be furnished, installed and performed by Utility at Applicants' expense. 1 FORM 106-2759L (4/91) • Excavation, backfill and compaction ® Conduits ® Concrete substructures d) Utility shall notify Applicants, in writing, of final acceptance of the work specified herein. Applicants hereby grant to Utility all facilities installed by Applicants pursuant to this Agreement, said grant to be effective upon receipt of Utility's written final acceptance. e) Each Applicant shall, at his expense, promptly provide any necessary changes to the existing facilities on his property so as to receive underground electric service at the points specified on the Specifications. The Applicants' work shall be in accord with Utility's Rule on Service Connections filed with the California Public Utilities Commission effective as of the date of this Agreement, and in accord with the Contract Documents. Underground electric service will not be supplied until all affected premises are equipped to receive electric service in accordance with said plan and specifications. 4. Receipt is acknowledged from Applicant(s) of $270,338, which is an amount equal to the estimated cost of Utility's conversion work computed in accordance with its Filed Rule on Replacement of Overhead with Underground Facilities. Said amount includes any engineering fee or fees that may have been paid to Utility in contemplation of the work provided for in Section 2. 5. In the event any additions, rearrangements, or changes to the electric wiring are required or performed on Applicants' several premises, other than the work pursuant to Section 3.e) above, Applicants shall cause said additions, rearrangements, and changes to be made at their expense. 6. All wires, cables, conductors, conduits, ducts, connectors and appurtenances installed by Utility, or its agents, on the premises of Applicants, or elsewhere, and all facilities granted to Utility by Applicants, shall become and remain the property of Utility notwithstanding any payment made under this Agreement. Such facilities will be maintained and operated by Utility in accordance with its Rules for the Sale of Electric Energy on file with the California Public Utilities Commission. a) Utility shall be under no obligation to perform and complete the work undertaken by it pursuant to this Agreement until Applicants' obligations incurred pursuant to Paragraphs 3.b) and 3.e) of this Agreement shall have been fulfilled. b) If the Specifications attached hereto require the installation of new street lighting standards, Utility shall be under no obligation to remove and cease operating its overhead electric facilities nor to furnish underground electric service to any of the premises shown on the Specifications until said street lighting standards have been installed and energized. c) Utility at its sole election, may undertake to perform the work to be performed by it prior to the occurrence of the conditions specified in section 7. and subsection b) of this Section. The commencement of any such work by Utility under the provisions of this subsection shall not constitute a waiver of any of the requirements imposed upon any Applicants under section 7. or subsection b) of this Section, or under any other provisions of this Agreement. d) If any Applicants shall, within one year of the date of this Agreement, fail or refuse to comply with any of the conditions hereof or to perform all work required under the contracts executed pursuant to Paragraph 3.b) of this Agreement, Utility shall have the right to make such changes and to impose such further conditions upon the Applicants as may be necessary to protect its rights under any existing agreement for any increase in its costs of installation, and to provide in any other manner for the accomplishment of the purposes of this Agreement consistent with applicable rules, laws, ordinances and its contractual obligations hereunder. 7. Once Applicant has started to perform the work required by the Contract Documents, Applicants agree to exercise reasonable diligence in pursuing such work to completion within one year after the effective date of the Contract Documents. If such work has not been completed within one year after the effective date of the Contract Documents, Utility shall have the right, upon giving written notice to Applicants, to cancel and terminate the Contract Documents. Utility shall return to Applicants, an amount equal to the above cash advance, minus Utility's costs. Utility's costs are defined as the actual cost (including but not limited to labor, materials and overhead) incurred by Utility prior to such cancellation and termination in connection with work done in furtherance of Applicants' project, plus 2 FORM 106-2759L (4/91) the actual cost of removing any of the Utility installed facilities which Utility desires to salvage, minus the salvage value of such facilities. Upon exercise of this right to cancel and terminate, and upon payment to Applicants, all of Utility's obligations under the Contract Documents shall cease. 8. This Agreement shall at all times be subject to such changes or modifications by the California Public Utility Commission as said Commission may, from time to time, direct in the exercise of its jurisdiction. 9. All terms and situations heretofore made and agreed to by the parties in relation to said electric line replacement are set forth in this Agreement and no representation of any agent or employees shall be binding upon Utility except as expressed herein. Appendix A attached hereto is solely for use by Utility and nothing contained therein shall in any way alter or vary any term, condition or stipulation contained in this Agreement. 10. If Applicant is a corporation, partnership, joint venture or a group of individuals, the subscriber hereto represents that he has the authority to bind said corporation, partners, joint venture or individuals as the case may be. Each Applicant signing this Agreement agrees that he shall be jointly and severally liable under the terms of this Agreement with every other applicant signing the Agreement. 11. All of the terms and conditions of this Agreement shall be binding upon and shall insure to the benefit of the parties hereto, their heirs, administrators, executors, personal representatives, trustees, successors and assigns. 12. The Contract Documents shall become effective only upon the date signed by the authorized representative of Utility. IN WITNESS WHEREOF, the parties hereto have individually executed, or have caused this Agreement to be executed for and on behalf of each, by and through their responsible agents, partners, or duly authorized corporate officers, as the case may be. APPLICANT: SAN DIEGO GAS & ELECTRIC COMPANY, CITY OF NATIONAL CITY a corporate By:..-� (Authorized Signature) Name: Ron Morrison (Please Print or Type) Title: Mayor Date: April 7. 2009 Address: City of National City 1243 National City Boulevard National City. CA 91950-4301 Telephone: (619) 336-4219 By: (Authorized Indivi I -Utility) Date Executed: -2/6,9 3 FORM 106-2759L (4/91) RESOLUTION NO. 2009 — 68 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT TO THE AERIAL TO UNDERGROUND CONVERSION AGREEMENT WITH SAN DIEGO GAS & ELECTRIC IN THE NOT -TO -EXCEED AMOUNT OF $1,446 TO CONVERT EXISTING AT&T AERIAL FACILITIES TO UNDERGROUND FACILITIES WITHIN THE BAY MARINA PROJECT WHEREAS, 20B Underground Utility District No. 25, established on August 5, 2008, requires National City to incur all costs associated with the conversion of any existing utilities within the District, which is located within the Marina Gateway Project at Harrison Avenue and Cleveland Avenue; and WHEREAS, on February 17, 2009, the City entered into an Aerial to Underground Conversion Agreement with San Diego Gas & Electric ("SDG&E ") in the not -to - exceed amount of $267,603 to cover the cost that will be incurred by SDG&E for the conversion of existing AT&T aerial facilities to underground facilities within Underground Utility District No. 25; and WHEREAS, an Amendment to Agreement in the not -to -exceed amount of $1,446 is required to cover the cost of recent plan modifications, increasing the total amount of the Aerial to Underground Conversion Agreement with SDG&E to $269,049. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an Amendment to the Aerial to Underground Conversion Agreement with SDG&E in the amount of $1,446 for the conversion of existing AT&T aerial facilities to underground facilities within the Marina. Said Amendment to the Aerial to Underground Conversion Agreement is on file in the office of the City Clerk. ATTEST: PASSED and ADOPTED this 7th day of April, 20 Mic ael R. Da la, G�ity Clerk APPROVED AS TO FORM: George H. Eiser, Ill City Attorney a on Morrison, Mayor Passed and adopted by the Council of the City of National City, California, on April 7, 2009 by the following vote, to -wit: Ayes: Councilmembers Morrison, Parra, Sotelo-Solis, Van Deventer, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California City C erk of the City o National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2009-68 of the City of National City, California, passed and adopted by the Council of said City on April 7, 2009. City Clerk of the City of National City, California By: Deputy City of National City, California COUNCIL AGENDA STATEMENT +ai MEETING DATE April 7, 2009 Vire AGENDA ITEM NO. 11 ITEM TITLE Resolution of the City Council of National City approving Aerial to Underground Conversion Agreement Amendment with San Diego Gas & Electric (SDG&E) in the amount not -to -exceed $1,446 and authorizing the Mayor to execute the agreement amendment in conjunction with the Marina Gateway Improvements. Fund by Tax Increment Fund) PREPARED BY Barby Tipton DEPARTMENT Engineering EXT. 4583 EXPLANATION On August 5, 2008, Resolution No. 2008-160 established the 20B Underground Utility District No. 25. A 20B conversion request requires that the City incur all cost associated with the conversion of any existing utilities within the district. The City will be constructing the Municipal Trench for under -grounding utilities in conjunction with the Bay Marina Drive Widening Project. On February 17, 2009, the City entered into an agreement in the not to exceed amount of $267,603 with SDG & E.This agreement covered the cost that will be incurred by SDG & E for the conversion of existing aerial facilities to underground facilities. To meet the city's obligation to the private development in the area, a modification to the plan was necessary and required this amendment to the agreement. This amendment will bring the authorized work to $269,049. Environmental Review X N/A MIS Approval Financial Statement Approved By: Finance Director Funds are available in Account # 511-409-500-598-3842, Marina Gateway Improvements Account No. 511-409-500-598-3842 STAFF RECOMMENDA N A. • p;the esolution. BOARD / COM SSIO RECOMMENDATION N/A ATTACHMENTS (Listed Below) 1. Agreement Amendment (2) 2. Resolution Resolution No. A-200 (Rev. 7/03) City of National City Office of the City Clerk 1243 National City Boulevard, National City, CA 91950-4397 Michael R. Della, CMC - City Clerk (619) 336-4228 Fax: (619) 336-4229 April 14, 2009 Mr. Dave Emerson San Diego Gas & Electric 8315 Century Park Court, Suite 210 San Diego, CA 92123-1500 Dear Mr. Emerson, On April 7th, 2009, Resolution No. 2009-68 was passed and adopted by the City Council of the City of National City, authorizing execution of an Amendment to the Aerial to Underground Conversion Agreement with San Diego Gas & Electric. We are enclosing for your records a certified copy of the above Resolution and two partially executed original amendments. Please return one fully executed original amendment to us for our files. Sincerely, Michael R. DaIla, CMC City Clerk Enclosures cc: Engineering Dept. ® Recycled Paper