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HomeMy WebLinkAbout2012 CON SDG&E - Joint Trench Underground Utility District 24t AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND SAN DIEGO GAS & ELECTRIC COMPANY (SDG&E) THIS AGREEMENT is entered into this 19th day of June, 2012, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and San Diego Gas & Electric Comany (SDG&E). RECITALS WHEREAS, SDG&E desires to enter into a Joint Trench Agreement for installation of electric distribution and service facilities in the trenches of Underground District No. 24 (20A Conversion 8th Street) SDG&E project No. 532152-070, and WHEREAS, SDG&E has submitted a Joint Trench Letter in the not -to -exceed amount of $1,670,915 (attached Exhibit A), NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. The CITY to provide trenching, backfill, substructures (concrete products, conduit, retaining walls), pavement repair, any adjustments to final grade, required permits, and environmental release. 2. Trench, backfill, installation of conduit system with pull string shall be accomplished to SDG&E General Conditions and governing agency specifications. 3. SDG&E shall reimburse the City in an amount up to $1,670,915 for the joint trench costs including SDG&E's share of cost for (1) construction, (2) general work for dry utilities, and (3) inspections and project management. Exhibit B describes the work that is included in shared costs. SDG&E's share of costs shall be determined by the total costs attributable to the dry utilities divided among participating dry utilities as shown in Exhibit B 4. All increases to costs must be agreed upon by both parties, in writing, prior to the City approving any change orders. Such approval shall not be unreasonably withheld. 5. San Diego Gas & Electric will provide and install all SDG&E materials for cabling of said project. Delivery of SDG&E materials shall not be unreasonably delayed. 6. SDG&E will provide on -site inspection for SDG&E conduit system and substructures. 7. The CITY shall provide the as -built drawings to SDG&E. 8. The City shall provide proper documentation to SDG&E in order to collect reimbursement from SDG&E on a regular basis as progress payments are made to the City's contractor for SDG&E work including any approved changes. Such payments to be no less than quarterly, nor more frequent than monthly. 9. SDG&E agrees to indemnify, defend, and hold harmless, the City of National City and its officers and employees against and from any and all liability, loss, damage to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorney's fees, and defense costs, of any kind or nature, including worker's compensation claims of or by anyone whomsoever, resulting from or arising out of SDG&E's negligent performance under this agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY Morrison, Mayor OV DOF udia G. Sil City Attorn M: San Diego Gas & Electric Company (Corporation — .signatures of two corporate officers) (Partnership — one signature) Se propietorship — one signature) ;':": • 1 (4� a:'C (Rick Gardner) (Print) K6-11.0-y-11A--e-A (Project management Mgr.) y: (2' z`.'i -'- f ✓(Alan Marcher) /-/10.. 41 (Print) / i‘cx,)<_;iJ�f (Managdd- Project Management) 2 City's Standard Agreement — June 2008 revision SDG A A' Sempra Energy utility' February 16, 2012 Steve Manganiello C.E. City Engineer 1243 National City Blvd. National City, Ca. 91950 San Diego Gas S Electric 8315 Century Park Court San Diego, CA 92123-1548 FILE NO. PLA PROJ# 532152-070 Dear Steve: Subject: 8th Street 20A Conversion — UUD # 24, N.C. BI. To Highland Av. SDG&E has completed the preliminary engineering review required to replace the existing overhead electric facilities with an underground system at the above location. A final design and cost estimate for your conversion has been prepared based on the option that the city will bid for the following work: • Contractor to provide trenching, backfill, substructures (concrete products, conduit, retaining walls), pavement repair, any adjustments to final grade, required permits, and environmental release. SDG&E General Conditions and underground standards are to be incorporated into the bid document. In the event of inconsistencies between the Municipal bid documents (municipal General Conditions) and SDG&E's General Conditions, the most stringent shall prevail and will be subject to mutually agreed upon and negotiated benefits. SDG&E underground standards can be accessed at http://sdge.com/documents/underground-construction-standards • San Diego Gas & Electric to furnish and install cable, pad -mounted equipment, connections and removal of overhead facilities. Prior t: awarding the contract, the city will submit a copy of the first, second and third acceptable bids to SDG&E for review and approval. If approved, SDG&E will reimburse the city for this work (based on the contractor's bid) up to our estimated value of $1,670,915. At the completion of the contractors' portion of their work, SDG&E's overhead costs applicable to this work, including any re -engineering fees, if applicable, will be deducted from the municipality's 20A allocation. In the case that all bids exceed the maximum reimbursable amount, SDG&E reserves the right to reject all municipal bids and may elect to do the electric conversion trench independently. In order to allow the City's bidding contractors to properly separate the cost of installing SDG&E's conduit infrastructure from that of the telecommunications companies, I would like to meet with the City and the bidding contractors prior to bid submittal. This will help ensure consistency among the bids for the conversion trench & conduit installation phase of the project. Please note the above costs do not include the installation of any ornamental street lights or street light services that might be required by the City of National City. Street lighting is not reimbursable under Rule 20. However, the City can make use of the available conversion trench and conduit for street light conduit installation. ^ 2 February 16, 2012 The City of National City will be responsible for acquiring Joint Trench Offers. AT&T, Cox Communications Inc., and Media 3 have planned on participating in the Joint Trench, which minimizes costs to the joint trench utilities, lessens the amount of trench and surface repair, and reduces the overall cost of trenching. The offers received by SDG&E are no longer valid. Once the City acquires the offers, SDG&E can provide a courtesy review for reasonableness, at the City's request. Bids shall include separate line items for installation of SDG&E and the other dry utilities. Bids are to include service conduit, but not service panel conversion work, which will be facilitated by SDG&E. A Pre -Construction Conference shall be held in advance of construction to coordinate with all dry utilities participating in Joint Trench. SDG&E will be represented in the field by a Trench Inspector. Change orders will be reviewed and approved by SDG&E's Project Manager, prior to the work taking place. Invoices shall be submitted to SDG&E's Project Manager. Billing can occur at completion, or on a regular basis, not to exceed once a month, and shall include necessary invoices and support information, satisfactory to SDG&E, to justify reimbursement. Reimbursement will occur accordingly, after review and approval by SDG&E's Trench Inspector. All costs and offers quoted in this letter shall become void at the end of the business day on May 14, 2012. If business negotiations are not completed, or if you request revised costs after that date, a cost update fee may be required. Your costs, as cited herein, are subject to change at any time. All cost calculations are based upon SDG&E's filed tariffs, SDG&E's internal costs, and all applicable governmental or regulatory statutes, regulations, codes and rules. Should any change in, or addition to, those tariffs, costs, statutes, regulations, codes or rules in any way impact these cost calculations, you will be subject to any resulting increase or decrease. If 1 may be of further assistance or if you have any questions, please call me at the number listed below. Our hours are 7:00 am —4:00 pm, Monday through Friday. For additional general information, please visit our website at http://sdge.com/index.html. Sincerely, David D=v::..J. Emerson Governmental Liaison Planner SDG&E Telephone: (858) 654-1136 Attachments: Work Order EXHIBIT B 3 4 5 6(S) 7 8(S) 9 10 11(S) 12(S) 13(S) 14(S) 15(S) 16(S) 17(S) 18(S) 19(S) 20(S) 21(S) 22(S) 23(S) 24(S) 25(S) 26(S) 27(S) 28(S) Mobilization/Demobilization SWPPP Implementation Traffic Control Remove and Replace Sidewalk Repairs Protection and Restoration of Private Shoring and Bracing Protection Post Installation per SDARSD Construction Staking Replace Traffic Signal Loop Replace Signing, Striping and Pavement Mainline Joint Trench Private Property Service Trench Furnish and Install Electric Conduit, 5" Furnish and Install Electric Conduit, 4" Furnish and Install Electric Conduit, 3 Furnish and Install Electric Conduit, 2" Furnish And Install Electric Handhole Furnish And Install Electric Handhole Furnish And Install Electric Handhole Furnish And Install Electric Handhole Furnish And Install Electric Handhole Furnish and Install Electric Transformer Furnish And Install Electric 3316 HH with Fumish and Install Electric Handhole Furnish And Install Electric 3316 HH with Furnish And Install Electric Transformer Adjust Handhole to Finished Grade Concrete Encasement LS SF LS LS EA LS EA LS LF LF LF LF LF LF EA EA EA EA EA EA EA EA EA EA EA LF 1 1000 1 20 1 50 1 6,250 930 1,280 8,550 5,420 130 6 5 2 3 14 19 6 6,950 Basile Construction SDG&E 1RK' 'OR ,6'1I 00 $5,344.65 $12,759.75 $12.31 $16.756.20 $4,815.00 $353.10 $8,881.00 $251.45 $9,737.00 $79.18 $28.89 $4.92 $4.01 $2.73 $1.82 $251.45 $1,578.25 $1,535.45 $6,896.15 $9,399.95 $2,819.45 $11,984.00 S770.40 $ 12,385.25 $572.45 S802.50 $9.10 Total $5,344.65 $12,759.75 $12,310.00 $16,756.20 $4.815.00 $7.062.00 $8,881.00 $12,572.50 $9,737.00 $494,875.00 S26,867.70 $6,297.60 $34,285.50 $14,796.60 $236.60 $1.508.70 $7,891.25 $3,070.90 $6,896.15 $9,399.95 $2.819.45 $35.952.00 $10.785.60 $12,385.25 $10.876.55 $4.815.00 $63.245.00 $747,004.80 85% 85% 85% 85% 85% 85% 85% 85°io 85% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 4,820.35 $ 10,845.79 10,463.50 $ 14,242.77 $ 4,092.75 $ 6,002.70 $ 7,548.85 $ 10,686.63 $ 8,276.45 $ 420,643.75 $ 26,867.70 $ 6,297.60 $ 34,285.50 $ 14,796.60 $ 236.60 $ 1,508.70 $ 7,891.25 $ 3,070.90 $ 6,896.15 $ 9,399.95 $ 2,819.45 $ 35.952.00 $ 10.785.60 $ 12,385.25 $ 967.28 $ 2,176.38 2,099.67 $ 2,858.04 $ 821.28 1,204.54 1,514.80 $ 2,144.44 1.660.80 $ 5,391.43 $ 1,263.71 $ 6,879.93 $ 2,969.17 $ 47.48 $ 302.74 $ 1.583.51 $ 616.23 $ 1.383.82 $ 1,886.25 $ 565.77 $ 7,214.34 $ 2,164.30 $ 2.485.30 $ 10,876.55 $ 2,182.55 $ 4,815.00 $ 966.21 $ 63,245.00 $ 12,691.12 $ 672,773.55 $ 135,002.78 5,787.63 13,022.17 $ 12,563.17 $ 17,100.81 $ 4,914.03 $ 7,207.24 9,063.65 $ 12,831.07 9,937.25 $ 32,259.13 7,561.31 $ 41,165.43 $ 17,765.77 $ 284.08 $ 1,811.44 $ 9,474.76 $ 3,687.13 $ 8,279.97 $ 11,286.20 $ 3,385.22 $ 43,166.34 $ 12,949.90 $ 14,870.55 $ 13,059.10 $ 5,781.21 $ 75,936.12 $ 807,776.33 ESTIMATED TOTALS $ 749,753.33 $ 150,450.00 $ 900203,33 EXHIBIT B 1 2 3 4 5 6S 7 8 S) 9 10 Mobilization/Demobilization SWPPP Im.lementation Traffic Control Remove and Re .lace Sidewalk Re .airs Protection and Restoration of Private Shorin_ and Bracin: Protection Post Installation .er SDARSD Construction Stakin• Re.lace Traffic Sit. al Loo. Re.lace Si: in:, Stri.in: and Pavement 11(S) 12(S) 13(S) 14(S) 15(S) 16(S) 17(S) 18(S) 19(S) 20(S) 21(S) 22(S) 23(S) 24(S) 25(S) 26(S) LS LS LS SF LS 1 1 LS Mainline Joint Trench Private Pro.e Service Trench Furnish and Install Electric Conduit, 5" Furnish and Install Electric Conduit, 4" Furnish and Install Electric Conduit, 3" Furnish and Install Electric Conduit, 2" Furnish And Install Electric Handhole Furnish And Install Electric Handhole Furnish And Install Electric Handhole Furnish And Install Electric Handhole Furnish And Install Electric Handhole Furnish and Install Electric Transformer Furnish And Install Electric 3316 HI -I with Furnish and Install Electric Handhole Furnish And Install Electric 3316 HH with Furnish And Install Electric Transformer Ad'ust Handhole to Finished Grade Concrete Encasement EA LS EA LS LF LF LF LF LF LF EA EA EA EA EA EA EA EA EA EA EA LF 1 1000 1 1 20 1 50 1 Basile Construction tariniN11.01111111ZNAWIN �'IiY.>Ti��h�tJ[Ix1I11♦ SDG&E muntimm4.:15.11 :5'0 111111111MAIMIIIIIMMEIMIIIIIMM mimiggingaimarammiging 111111M2VIIMIIMMIMMIIIMEM 5'0 6,250 930 1,280 8,550 5,420 130 6 5 2 1 1 3 14 1 19 6 6,950 $79.18 $28.89 $4.92 $4.01 $2.73 $1.82 $251.45 $1,578.25 $1,535.45 $6,896.15 $9,399.95 $2,819.45 $11,984.00 $770.40 $12,385.25 $572.45 $802.50 Total IY]7t_Iw 11 $494,875.00 $26.867.70 $6,297.60 $34,285.50 $14,796.60 $236.60 $1,508.70 $7,891.25 $3,070.90 $6,896.15 $9,399.95 $2.819.45 $35,952.00 $10,785.60 $12.385.25 $10,876.55 $4,815.00 $747,004.80 85% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 0 $ 4,820.35 $ $ 10,845.79 $ 10,463.50 $ 14,242.77 $ 4,092.75 $ 6,002.70 $ 7,548.85 $ 10,686.63 $ 8,276.45 $ 76,979.78 $ 420,643.75 $ 26,867.70 $ 6,297.60 $ 34,285.50 $ 14,796.60 $ 236.60 $ 1,508.70 $ 7,891.25 $ 3,070.90 $ 6,896.15 $ 9,399.95 $ 2,819.45 $ 35,952.00 $ 10,785.60 $ 12,385.25 $ 10,876.55 $ 4,815.00 $ 63,245.00 $ 672,773.55 $ 967.28 $ 2,176.38 $ 2,099.67 $ 2,858.04 $ 821.28 $ 1,204.54 $ 1,514.80 $ 2,144.44 $ 1,660.80 $ 15,447.22 $ 84,408.90 $ 5,391.43 $ 1,263.71 $ • 6,879.93 $ 2,969.17 47.48 $ 302.74 $ 1,583.51 $ 616.23 $ 1,383.82 $ 1,886.25 $ 565.77 $ 7,214.34 $ 2,164.30 $ 2,485.30 $ 2,182.55 $ 966.21 $ 12,691.12 $ 135,002.78 5,787.63 $ 13,022.17 $ 12,563.17 $ 17,100.81 4,914.03 7,207.24 9,063.65 $ 12,831.07 9,937.25 $ 92,427.01 $ 505,052.65 $ 32,259.13 7,561.31 $ 41,165.43 $ 17,765.77 284.08 1,811.44 9,474.76 3,687.13 8,279.97 $ 11,286.20 3,385.22 $ 43,166.34 $ 12,949.90 $ 14,870.55 $ 13,059.10 5,781.21 $ 75,936.12 $ 807,776.33 ESTIMATED TOTALS $ 749,753.33 $ 150,450.00 $ 900,203.33. RESOLUTION NO. 2012 — 122 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A JOINT TRENCH OFFER AGREEMENT WITH SAN DIEGO GAS AND ELECTRIC COMPANY ("SDG&E") WHEREIN SDG&E PAYS THE CITY UP TO THE NOT TO EXCEED AMOUNT OF $1,670,915 FOR ACTUAL COSTS INCURRED BY THE CITY FOR THE UNDERGROUND CONVERSION OF UTILITIES IN CONJUNCTION WITH UNDERGROUND DISTRICT NO. 24 WHEREAS, on December 20, 2005, City Council adopted Resolution No. 2005- 256 to establish Underground Utility District No. 24 on 8th Street from National City Boulevard to Highland Avenue for the purposes of replacing overhead wires, structures, and poles with an underground system for electric and communications services to benefit public safety, health, and welfare; and WHEREAS California Public Utility Commission (CPUC) Rule 20A allows for an allocation of utility funds to municipalities for the purpose of undergrounding conversions; and WHEREAS, SDG&E is authorized by the CPUC to convert overhead facilities to underground in accordance with Rule 20A. Rule 20A also allows municipalities to bid portions of the work, such as trenching, conduit, backfill, substructures, and pavement repair in an effort to better control costs and schedule; and WHEREAS, the City Council approved staff's recommendation to bid the project, which included revising SDG&E's schematic design to provide detailed engineering plans and construction documents, in an effort to generate more competitive bidding and reduce the amount of change orders during construction; and WHEREAS, on March 20, 2012 Council awarded the contract to Basile Construction Inc., in the not to exceed amount of $2,386,365.49, and authorized a 25% contingency; and WHEREAS, the cost of the dry utility work is $1,058,640.52, and the cost of the sewer work is $1,327,724.97. The dry utility costs for the SDG&E portion of the work will be reimbursed with the 20A conversion funds; and WHEREAS, SDG&E submitted a Joint Trench Offer (JTO) with the not to exceed amount of $1,670,915 wherein SDG&E will reimburse the City on a monthly basis as progress payments are made to the City's contractor for SDG&E work, including any approved changes. Such payments to be no Tess than quarterly, nor more frequent than monthly. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City hereby authorizes the Mayor to execute a Joint Trench Offer Agreement with SDG&E for the underground conversion of utilities in conjunction with Underground District No. 24, wherein SDG&E will reimburse the City on a monthly basis as progress payments are made to the City's contractor for SDG&E work, including any approved changes or any mutually agreed upon reimbursement payment schedule. Said Joint Offer Agreement is on file in the Office of the City Clerk. --- Signature Page to Follow --- Resolution No. 2012 — 122 Page Two PASSED and ADOPTED this 19th day of June, orrison, Mayor ATTEST: /i Michael R. Dalla, City Clerk AROVED AS TO F M: Claudia Ga City Attor Passed and adopted by the Council of the City of National City, California, on June 19, 2012 by the following vote, to -wit: Ayes: Councilmembers Morrison, Natividad, Rios, Sotelo-Solis, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California /W erk of the City f National J City City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2012-122 the City of National City, California, passed and adopted by the Council of said City on June 19, 2012. City Clerk of the City of National City, California By: Deputy CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT �1 Ac: --o MEETING DATE: June 19, 2012 AGENDA ITEM NO. 7 . PEM TITLE: Resolution of the City Council of National City approving a Joint Trench Offer Agreement with SDG&E wherein SDG&E shall reimburse the City up to the not -to -exceed amount of $1,670,915 for actual costs incurred by the City and authorizing the mayor to execute agreement in conjunction with District 24 (8th Street) aerial to underground conversion of utilities PREPARED BY: Barby Tipton PHONE: 336-4583 EXPLANATION: See attached DEPARTMENT: Development Services -Engineering Division APPROVED BY: FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: Funds to be deposited into account 001-409-500-598-3918 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: 2 Finance MIS STAFF RECOMMENDATION: Adopt the Resolution. BOARD 1 COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation 2. Joint Trench Offer Agreement 3. Resolution On December 20, 2005, City Council adopted Resolution No. 2005-256 to establish Underground Utility District No. 24 on 8th Street from National City Boulevard to Highland Avenue for the purposes of replacing overhead wires, structures and poles with an underground system for electric and communications services to benefit public safety, health and welfare. California Public Utility Commission (CPUC) Rule 20A allows for an allocation of utility funds to municipalities for the purpose of undergrounding conversions. In 2011 the City's allocation was $517,959. The City's allocation balance as of May 2012 was $3,019,844. SDG&E is authorized by the CPUC to convert overhead facilities to underground in accordance with Rule 20A. However, Rule 20A also allows municipalities to bid portions of the work, such as trenching, conduit, backfill, substructures, pavement repair, etc. in an effort to better control costs and schedule. Council supported staff's recommendation to bid the project, which included revising SDG&E's schematic design to provide detailed engineering plans and construction documents, in an effort to generate more competitive bidding and reduce the amount of change orders during construction. The 20A conversion of 8th Street between National City Boulevard and Highland Avenue was also combined with the sewer replacement along 8th Street in an effort to solicit more competitive bids. On March 20, 2012 Council awarded the contract to Basile Construction Inc. in the not to exceed amount of $2,386,365.49 and authorize a 25% contingency. The cost of the dry utility work is $1,058,640.52 and the cost of the sewer work is $1,327,724.97. The dry utility costs for the SDG&E portion of the work will be reimbursed with the 20A conversion funds. AT&T, Cox Cable and Access Cable Corporation shall pay their cost to the City per conditions of the Joint Trench Agreements. SDG&E submitted the Joint Trench Offer (JTO) with the not to exceed amount of $1,670,915. The City shall collect reimbursement from SDG&E on a monthly basis as progress payments are made to the City's contractor for SDG&E work including any approved changes or any mutually agreed upon reimbursement payment schedule. Any changes to this limit shall be pre -approved by SDG&E and SDG&E shall then pay for actual services rendered should the amount exceed the offer. Such payments to be not less than quarterly nor more frequent than monthly. Staff recommends that Council approve the JTO agreement. RESOLUTION NO. 2012 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A JOINT TRENCH OFFER AGREEMENT WITH SAN DIEGO GAS AND ELECTRIC COMPANY ("SDG&E") WHEREIN SDG&E PAYS THE CITY UP TO THE NOT TO EXCEED AMOUNT OF $1,670,915 FOR ACTUAL COSTS INCURRED BY THE CITY FOR THE UNDERGROUND CONVERSION OF UTILITIES IN CONJUNCTION WITH UNDERGROUND DISTRICT NO. 24 WHEREAS, on December 20, 2005, City Council adopted Resolution No. 2005- 256 to establish Underground Utility District No. 24 on 8th Street from National City Boulevard to Highland Avenue for the purposes of replacing overhead wires, structures, and poles with an underground system for electric and communications services to benefit public safety, health, and welfare; and WHEREAS California Public Utility Commission (CPUC) Rule 20A allows for an allocation of utility funds to municipalities for the purpose of undergrounding conversions; and WHEREAS, SDG&E is authorized by the CPUC to convert overhead facilities to underground in accordance with Rule 20A. Rule 20A also allows municipalities to bid portions of the work, such as trenching, conduit, backfill, substructures, and pavement repair in an effort to better control costs and schedule; and WHEREAS, the City Council approved staffs recommendation to bid the project, which included revising SDG&E's schematic design to provide detailed engineering plans and construction documents, in an effort to generate more competitive bidding and reduce the amount of change orders during construction; and WHEREAS, on March 20, 2012 Council awarded the contract to Basile Construction Inc., in the not to exceed amount of $2,386,365.49, and authorized a 25% contingency; and WHEREAS, the cost of the dry utility work is $1,058,640.52, and the cost of the sewer work is $1,327,724.97. The dry utility costs for the SDG&E portion of the work will be reimbursed with the 20A conversion funds; and WHEREAS, SDG&E submitted a Joint Trench Offer (JTO) with the not to exceed amount of $1,670,915 wherein SDG&E will reimburse the City on a monthly basis as progress payments are made to the City's contractor for SDG&E work, including any approved changes. Such payments to be no less than quarterly, nor more frequent than monthly. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City hereby authorizes the Mayor to execute a Joint Trench Offer Agreement with SDG&E for the underground conversion of utilities in conjunction with Underground District No. 24, wherein SDG&E will reimburse the City on a monthly basis as progress payments are made to the City's contractor for SDG&E work, including any approved changes or any mutually agreed upon reimbursement payment schedule. Said Joint Offer Agreement is on file in the Office of the City Clerk. --- Signature Page to Follow --- Resolution No. 2012 — Page Two PASSED and ADOPTED this 19th day of June, 2012. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney { AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND SAN DIEGO GAS & ELECTRIC COMPANY (SDG&E) THIS AGREEMENT is entered into this 19th day of June, 2012, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and San Diego Gas & Electric Comany (SDG&E). RECITALS WHEREAS, SDG&E desires to enter into a Joint Trench Agreement for installation of electric distribution and service facilities in the trenches of Underground District No. 24 (20A Conversion 8th Street) SDG&E project No. 532152-070, and WHEREAS, SDG&E has submitted a Joint Trench Letter in the not -to -exceed amount of $1,670,915 (attached Exhibit A), NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. The CITY to provide trenching, backfill, substructures (concrete products, conduit, retaining walls), pavement repair, any adjustments to final grade, required permits, and environmental release. 2. Trench, backfill, installation of conduit system with pull string shall be accomplished to SDG&E General Conditions and governing agency specifications. 3. SDG&E shall reimburse the City in an amount up to $1,670,915 for the joint trench costs including SDG&E's share of cost for (1) construction, (2) general work for dry utilities, and (3) inspections and project management. Exhibit B describes the work that is included in shared costs. SDG&E's share of costs shall be determined by the total costs attributable to the dry utilities divided among participating dry utilities as shown in Exhibit B 4. All increases to costs must be agreed upon by both parties, in writing, prior to the City approving any change orders. Such approval shall not be unreasonably withheld. 5. San Diego Gas & Electric will provide and install all SDG&E materials for cabling of said project. Delivery of SDG&E materials shall not be unreasonably delayed. 6. SDG&E will provide on -site inspection for SDG&E conduit system and substructures. 7. The CITY shall provide the as -built drawings to SDG&E. 8. The City shall provide proper documentation to SDG&E in order to collect reimbursement from SDG&E on a regular basis as progress payments are made to the City's contractor for SDG&E work including any approved changes. Such payments to be no Tess than quarterly, nor more frequent than monthly. 9. SDG&E agrees to indemnify, defend, and hold harmless, the City of National City and its officers and employees against and from any and all liability, loss, damage to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorney's fees, and defense costs, of any kind or nature, including worker's compensation claims of or by anyone whomsoever, resulting from or arising out of SDG&E's negligent performance under this agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY By: Ron Morrison, Mayor APPROVED AS TO FORM: Claudia G. Silva City Attorney San Diego Gas & Electric Company (Corporation — signatures of two corporate officers) (Partnership — one signature) (Sole proprietorship — one signature) By: By: (Rick Gardner) vat- Go-cAN0 r (Print) �co�� fALkoM (Projec management gr.) Alan Marcher) (Print) ( anageY Project Management) 2 2 City's Standard Agreement — June 2008 revision spG1 A Sempra Energy utility° February 16, 2012 Steve Manganiello C.E. City Engineer 1243 National City Blvd. National City, Ca. 91950 San Meg° Gas & Electric 8315 Century Park Court San Diego, CA 92123-1548 FILE NO. PIA PROJ# 532152-070 Dear Steve: Subject: 8th Street 20A Conversion — UUD # 24, N.C. BI. To Highland Av. SDG&E has completed the preliminary engineering review required to replace the existing overhead electric facilities with an underground system at the above location. A final design and cost estimate for your conversion has been prepared based on the option that the city will bid for the following work: • Contractor to provide trenching, backfill, substructures (concrete products, conduit, retaining walls), pavement repair, any adjustments to final grade, required permits, and environmental release. SDG&E General Conditions and underground standards are to be incorporated into the bid document. In the event of inconsistencies between the Municipal bid documents (municipal General Conditions) and SDG&E's General Conditions, the most stringent shall prevail and will be subject to mutually agreed upon and negotiated benefits. SDG&E underground standards can be accessed at http://sdge.com/documents/underground-construction-standards • San Diego Gas & Electric to furnish and install cable, pad -mounted equipment, connections and removal of overhead facilities. Pr io; to awarding the contract, the city will submit a copy of the first, second and third acceptable bids to SDG&E for review and approval. If approved, SDG&E will reimburse the city for this work (based on the contractor's bid) up to our estimated value of $1,670,915. At the completion of the contractors' portion of their work, SDG&E's overhead costs applicable to this work, including any re -engineering fees, if applicable, will be deducted from the municipality's 20A allocation. In the case that all bids exceed the maximum reimbursable amount, SDG&E reserves the right to reject all municipal bids and may elect to do the electric conversion trench independently. In order to allow the City's bidding contractors to properly separate the cost of installing SDG&E's conduit infrastructure from that of the telecommunications companies, I would like to meet with the City and the bidding contractors prior to bid submittal. This will help ensure consistency among the bids for the conversion trench & conduit installation phase of the project. Pleasenote the above costs do not include the installation of any ornamental street lights or street light services that might be required by the City of National City. Street lighting is not reimbursable under Rule 20. However, the City can make use of the available conversion trench and conduit for street light conduit installation. 3 A 2 February 16, 2012 The City of National City will be responsible for acquiring Joint Trench Offers. AT&T, Cox Communications Inc., and Media 3 have planned on participating in the Joint Trench, which minimizes costs to the joint trench utilities, lessens the amount of trench and surface repair, and reduces the overall cost of trenching. The offers received by SDG&E are no longer valid. Once the City acquires the offers, SDG&E can provide a courtesy review for reasonableness, at the City's request. Bids shall include separate line items for installation of SDG&E and the other dry utilities. Bids are to include service conduit, but not service panel conversion work, which will be facilitated by SDG&E. A Pre -Construction Conference shall be held in advance of construction to coordinate with all dry utilities participating in Joint Trench. SDG&E will be represented in the field by a Trench Inspector. Change orders will be reviewed and approved by SDG&E's Project Manager, prior to the work taking place. Invoices shall be submitted to SDG&E's Project Manager. Billing can occur at completion, or on a regular basis, not to exceed once a month, and shall include necessary invoices and support information, satisfactory to SDG&E, to justify reimbursement. Reimbursement will occur accordingly, after review and approval by SDG&E's Trench Inspector. All costs and offers quoted in this letter shall become void at the end of the business day on May 14, 2012. If business negotiations are not completed, or if you request revised costs after that date, a cost update fee may be required. Your costs, as cited herein, are subject to change at any time. All cost calculations are based upon SDG&E's filed tariffs, SDG&E's internal costs, and all applicable governmental or regulatory statutes, regulations, codes and rules. Should any change in, or addition to, those tariffs, costs, statutes, regulations, codes or rules in any way impact these cost calculations, you will be subject to any resulting increase or decrease. If I may be of further assistance or if you have any questions, please call me at the number listed below. Our hours are 7:00 am — 4:00 pm, Monday through Friday. For additional general information, please visit our website at http://sdge.com/index.html. Sincerely, Governmental Liaison Planner SDG&E Telephone: (858) 654-1136 Attachments: Work Order 4 EXHIBIT B . •. Basile Construction SDG&E 7&5 4 A G a nv dP; i"#�SwtF p • ( ,._ x` iaa fi k .tea Y { iF S"' fi `} 1H�'��', �fi . �, 'Rapv3 +M •.�,�; y s , ,�" ! 1.�+bSv�a i,', tiit i$i '?M1iY5Ra M " �� s`5• m '9 a ,�„..�. ¢� �r .� r�x x ItrYf'4' N i. �r;.. �, �. S..& ,'Y fix". s'*u$ eku in �,. s p•6U a b . .. i.. ,. , x roa a p . ,*x t' V #}t H ay EN .... r,,.:' , 9 f L yil;(i d Y{ZItIL E 1 Mobilization/Demobilization LS 1 . ,• •II '. . .1 o $ 4,820.35 $ 967.28 $ 5787.63 2 SWPPP Implementation LS 1 S5,344.65 $5,344.65 0% $ - $ 3 Traffic Control LS 1 $12,759.75 $12,759.75 85% $ 10,845.79 $ 2.176.38 $ 13;022.17 4 Remove and Replace Sidewalk Repairs SF 1000 $12.31 $12,310.00 85% $ 10,463.50 $ 2,099.67 $ 12,563.17 5 Protection and Restoration of Private LS 1 $16.756.20 $16,756.20 85% $ 14,242.77 $ 2,858.04 $ 17,100.81 6(S) Shoring and Bracing LS 1 $4,815.00 S4.815.00 85% $ 4,092,75 $ 821.28 $ 4,914.03 7 Protection Post Installation per SDARSD EA 20 $353.10 $7,062.00 85% $ 6,002.70 $ 1,204.54 $ 7,207.24 8(S) Construction Staking L.S 1 $8,881.00 $8,881.00 85% $ 0,686.63 $ $ 2,831.07 9 Replace Traffic Signal Loop EA 50 $251.45 $12,572 50 85 /o $ 10 ,686.63 ,144.44 2 $ ,144.44 $ 12,831.07 10 Replace Signing, Striping and Pavement LS 1 $9,737.00 $9.737.00 85% $ 8,276.45 $ 1.660.80 $ 9,937.25 l otal $95,909.10 76,979.78 $ 15,447.22 S 92,427.01 sa. [y i&',tt i a. J q`k't4!?^"r. 4 "t4s, F tyG i`x� .. ... ,�»✓,.a,,. h„-, ,.., 6A..�.�.,�i.,'5+*�',��'.�'' � �i' �i+tAyQ' p 1 ,+'.,t .. ;...:. 11(S) Mainline Joint Trench LF 6,250 ..j u S79.18 .%%��t+��i�%`�^f�a,.'. $494,875.00 85% $ 420,643.75 $ 84,408.90 $ 505,052.65 12(S) Private Property Service Trench LF 930 $28.89 $26,867.70 100% $ 26,867.70 $ 5.391.43 $ 32,259.13 13(S) Furnish and Install Electric Conduit, 5" LF 1,280 $4.92 $6.297.60 100% $ 6,297.60 $ 1,263.71 $ 7,561.31 14(S) Furnish and Install Electric Conduit, 4" LF 8,550 $4.01 $34,285.50 100% $ 34,285.50 $ 6,879.93 $ 41,165.43 15(S) Furnish and Install Electric Conduit, 3"' LF 5,420 $2.73 $14,796.60 100% $ 14,796.60 $ 2,969.17 $ 17;765.77 16(S r Furnish and Install Electric Conduit, 2" LF 130 $1.82 $236.60 100% $ 236.60 $ 47.48 $ 284.08 17(S) Furnish And Install Electric Handhole EA 6 S251.45 $1,508.70 100% $ 1,508.70 S 302.74 $ 1,811.44 18(Sl Furnish And Install Electric Handhole EA 5 $1,578.25 $7.891.25 100% $ 7,891.25 $ 1,583.51 $ 9,474.76 19(S) Furnish And Install Electric Handhole EA 2 $1,535.45 $3,070.90 100% $ 3,070.90 $ 616.23 $ 3,687.13 20(S) Furnish And Install Electric Handhole EA 1 $6,896.15 $6,896.15 100% $ 6,896.15 $ 1.383.82 $ 8,279.97 21(S) Furnish And Install Electric Handhole EA 1 $9,399.95 $9.399.95 100% $ 9,399.95 $ 1.886.25 $ 11,286.20 22(S) Furnish and Install Electric Transformer EA 1 $2,819.45 $2,819.45 100% $ 2,819.45 $ 565.77 $ 3,385.22 23(S) Furnish And Install Electric 3316 HH with EA 3 $11,984.00 $35.952.00 100% $ 35,952.00 $ 7,214.34 $ 43,166.34 24(S) Fumish and Install Electric Handhole EA 14 $770.40 $10,785.60 100% $ 10,785.60 $ 2,164.30 $ 12,949.90 25(S) Furnish And Install Electric 3316 HH with EA 1 $12.385.25 $12.385.25 100% $ 12,385.25 $ 2,485.30 $ 14,870.55 26(S) Furnish And Install Electric Transformer 19 $572.45 $10,876.55 100% , ' $ 13,059.10 27(S) Adjust Handhole to Finished Grade 6 $802.50 $4.815.00 100% •. $ 5,781,21 28(S) Concrete Encasement 6,950 $9.10 $63.245.00 100% 1 5 75,936.12 Total $747,004.80 $ 672,773.55 $ 135,002.78 $ 807,776.33 ESTIMATED TOTALS 1 $ 749,753.33 $ 150,450.00 $ 900 203.33 ' OFFICE OF THE CITY CLERK 1243 National City Blvd. National City, California 91950 Michael R. Dalla, CMC - City Clerk 619-336-4228 phone / 619-336-4229 fax June 25, 2012 Mr. David Emerson San Diego Gas and Electric 8315 Century Park Court San Diego, CA 92123 Dear Mr. Emerson, On June 19th, 2012, Resolution No. 2012-122 was passed and adopted by the City Council of the City of National City, authorizing execution of a Joint Trench Offer Agreement with San Diego Gas and Electric (SDG&E). We are enclosing for your records a certified copy of the above Resolution and a fully executed original Agreement. Sincerely, Michael R. Dalla, CMC City Clerk Enclosures cc: Engineering Dept.