HomeMy WebLinkAbout2009 CON SDG&E - Marina Gateway Improvements Underground ConversionA AjSempra 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 the City of National City
, hereafter called "Applicant(s)".
WITNESSETH:
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 $267,603, 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:
THE CITY OF NATIONAL CITY
By:
(Authorized Signature)
Name: Ron Morrison
(Please Print or Type)
Title: Mayor
Date: February 17. 2009
Address:
1243 National City 73ou]Pvarrl
NM-i nnal ('i ty, ('A 91450-4 Q1
Telephone: (619) 336-4235
SAN DIEGO GAS & ELECTRIC COMPANY,
a corpgraii�n
By:
tility)
Guthoriz Individual
Date Executed: 3— ,3—OO9%
SAN DIEGO GAS t>: ELECTRIC
PAID
MAR 0 3 2009
3 FORM 106-2759L (4/91)
RESOLUTION NO. 2009 — 28
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
AUTHORIZING THE MAYOR TO EXECUTE
AN UNDERGROUND CONVERSION AGREEMENT
WITH SAN DIEGO GAS & ELECTRIC (SDG&E)
IN THE NOT -TO -EXCEED AMOUNT OF $267,603
FOR THE UNDERGROUNDING OF UTILITIES
WITHIN THE MARINA GATEWAY PROJECT
WHEREAS, on August 5, 2008, the City Council adopted Resolution No. 2008-
160, establishing the 20B Underground Utility District No. 25 in the Marina Gateway area, which
includes Bay Marina Drive, Harrison Avenue, 23rd Street, and Cleveland Avenue; and
WHEREAS, a 20B conversion requires that the City incur all costs associated
with the conversion of any existing utilities within the district; and
WHEREAS, the City desires to enter into an Underground Conversion
Agreement with SDG&E to engineer and perform the work required to convert SDG&E's existing
aerial facilities within the 20B Underground Utility District No. 25 to underground facilities in the
not -to -exceed amount of $267,603.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City hereby authorizes the Mayor to execute an Underground Conversion Agreement
with SDG&E to engineer and perform the work required to convert SDG&E's existing aerial
facilities within 20B Underground Utility District No. 25 to underground facilities in the not -to -
exceed amount of $267,603. Said Agreement is on file in the office of the City Clerk.
PASSED and ADOPTED this 17th day of February, 2009.
ATTEST:
Michel R. Dalla, CClerk
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
on Morrison, Mayor
Passed and adopted by the Council of the City of National City, California, on February
17, 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 Nationaln City, California
n
City Clerk of the City of N onal City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2009-28 of the City of National City, California, passed and adopted
by the Council of said City on February 17, 2009.
City Clerk of the City of National City, California
By:
Deputy
City of National City, California
COUNCIL AGENDA STATEMENT
'MEETING DATE February 17,2009
AGENDA ITEM NO.
7
r --
ITEM TITLE Resolution of the City Council of National City approving Underground Conversion
Agreement with San Diego Gas & Electric (SDG&E) in the amount not -to -exceed $267,603 and authorizing
the Mayor to execute the agreement. Funds are available in the Tax Increment Fund in Conjunction with
the Marina Gateway Improvements.
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. Upon execution of this agreement and receipt of payment, SDG&E will engineer
and perform the work required to convert SDG&E's existing aerial facilities to underground facilities at the
City's expense in the amount of $267,603.
This agreement addresses the responsibilities including costs that will be incurred for the conversion of
existing aerial facilities to underground facilities.
}
Environmental Review X N/A
MIS Approval
Financial Statement
Approved By: U vlr
Finance Director
Funds are available in Account # 511-409-500-598-3842, Marina Gateway Improvements
Account No. 511-409-500-598-3842
STAFF RECOMMENDATION
Adopt the Resolutio
, /
BOARD / COMMISSION RECOMMENDATION
N/A
ATTACHMENTS (Listed Below) Resolution No.
1. Agreement (Available for review in the City Clerk's Office)
Nil 2. Resolution SDG&E
A-200 (Rev. 7/03)
. CA L1I
NATO."
18 8 7.
`— IJVCORPORAT
OFFICE OF THE CITY CLERK
1243 National City Blvd.
National City, Califomia 91950
Michael R. Dalla, CMC - City Clerk
619-336-4228 phone • 619-336-4229 fax
San Diego Gas & Electric (SDG&E)
Marina Gateway Improvements
Underground Conversion
Barby Tipton (Engineering)
Forwarded Copy of Agreement to Utility Company