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HomeMy WebLinkAboutAccess Cable - Joint Trench Underground - 2012AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND ACCESS CABLE CORPORATION THIS AGREEMENT is entered into this 3rd day of July, 2012, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and Access Cable Corporation RECITALS WHEREAS, Access Cable Corporation desires to enter into a Joint Trench Agreement for installation of facilities in the trenches of Underground District No. 24 (20A Conversion 8th Street). NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. The CITY shall furnish trench, backfill, installation of conduit system with pull string and street repair.Trench, backfill, installation of conduit system with pull string shall be accomplished to Access Cable Corporationgoverning agency specficiatons. 2. Access Cable Corporation agrees to pay the City an amount of $9,372.31 for installation of facilities in the trenches of Underground District No. 24 (20A Conversion 8th Street). 3. 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. 4. Access Cable Corporation will provide and deliver all Access Cable Corporation materials for said project. Delivery of Access Cable Corporation materials shall not be unreasonably delayed. 5. Access Cable Corporation will provide onsight inspection for CATV conduit system. 6. The City shall provide the as-builts drawings to Access Cable Corporation. 7. The City shall collect payment from Access Cable Corporation as follows: $4,686.16 due upon execution of this agreement and $4,684.15 due within 30 days of the City deliverying final as-builts for the project for a total consideration of $9,372.31. Any agreed upon changes shall be paid within 30 days of execution of a Change Order. 8. Access Cable Corporation agrees that all overhead facilities shall be removed on or before August 26, 2013, by Access Cable Corporation. 9. In the event that Access Cable Corporation fails to remove facilities by August 26, 2013, Access Cable Corporation agrees to allow the City to remove the overhead facilities and further agrees that the City shall be reimbursed for all costs associated with such removal. 10. Access Cable Corporation 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 Access Cable Corporation negligent performance of construction 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 on Morrison, Mayor ROVED AS TO FORM: CI.udia City Att Silva y Access Cable Corporation (Corporation — signatures of two corporate officers) (Partnership — one signature) (Sole proprietorship — one signature) By: S4-19 Ss (Print) ,,S-(c V 11)C bf \ (Title) By= (Name) (Print) CArl-14- i((` 7 t �'�i Cc �� (Title 2 Citys Standard Agreement -June 2008 revision Access Cable Corporation 535 Fifth Avenue, 25th Floor New York, NY 10021 Ms. Barby Tipton Project Officer Engineering Department National City 1243 National City Boulevard National City, CA 91950 Ms. Tipton: July 18, 2012 Please note that Access Cable Corporation's Chief Operating Officer Thomas Williams has signatory authority for the Joint Trench Agreement. Yours Irgll , Michael Fein President M E F/ts cc: Thomas Williams Stephen Saitzstein RESOLUTION NO. 2012 — 146 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A JOINT TRENCH OFFER AGREEMENT WITH ACCESS CABLE CORPORATION WHEREIN ACCESS CABLE CORPORATION PAYS THE CITY THE NOT TO EXCEED AMOUNT OF $9,372.31 FOR 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, Access Cable Corporation Joint Trench Agreement ("JTA") has a not to exceed amount of $9,372.31 where Access Cable Corporation will pay the City one-half (%) of the offer within 30 days of executing this Agreement, and the final one-half (%) within 30 days of the City providing the as-builts for the Project. 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 Access Cable Corporation for the underground conversion of utilities in conjunction with Underground District No. 24, wherein Access Cable Corporation shall pay the City the amount of $9,372.31 for the aerial to underground conversion of utilities. Said Joint Offer Agreement is on file in the Office of the City Clerk. --- Signature Page to Follow --- Resolution No. 2012 — 146 Page Two PASSED and ADOPTED this 3rd day of July, 2012. on Morrison, Mayor ATTEST: l/4 Mic ael R. Dall , City Clerk APROVED AS TO.. ORM: CI `!.ia Gacit City Attorn Passed and adopted by the Council of the City of National City, California, on July 3, 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 h L City rk 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. 2012-146 the City of National City, California, passed and adopted by the Council of said City on July 3, 2012. City Clerk of the City of National City, California By: Deputy CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT \--\e MEETING DATE: July 3, 2012 AGENDA ITEM NO.16 ITEM TITLE: Resolution of the City Council of National City approving a Joint Trench Agreement with Access Cable Corporation wherein Access Cable Corporation shall pay the City the amount of $9,372.31 and authorizing the Mayor to execute the 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: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation 2. Joint Trench Agreement 3. Resolution National City Cable Company provided cable, Internet, and phone services to National City customers. NexHorizons purchased National City Cable Company in 2008. Court action placed NexHorizons in Receivership. Douglas P. Wilson was appointed as the receiver for NexHorizons and was authorized to oversee and conduct business transactions on behalf of NexHorizons. On March 5, 2012, another court order confirmed the sale of NexHorizons' assets to Shelter Island Opportunity Fund, LLC. Shelter Island Opportunity Fund, LLC also owns Access Cable. At the time of this staff report the actual sales transfer had not taken place. Time is of the essence in executing an agreement to allow either, 1) Access Cable or 2) Shelter Island Opportunity Fund, LLC & Douglas P. Wilson, Receiver, to participate in the municipal joint trench. Staff prepared an agreement with each company with the possible authority to execute such an agreement. Only one of the two agreements will need Council approval. 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 March 2011 was $2,625,794. Allocations for 2012 should be available next month. 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 shall pay their cost to the City per conditions of the Joint Trench Agreements. Access Cable Corporation Joint Trench Agreement (JTA) has a not to exceed amount of $9,372.31 where Access Cable Corporation will pay the City 1/2 of the offer within 30 days of executing this agreement and the final 1/2 within 30 days of the City providing the as-builts for the project. Any changes to this limit shall be pre -approved by Access Cable Corporation. All change orders shall be paid within 30 days of an executed change order. Staff recommends that Council approve the JTA. AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND ACCESS CABLE CORPORATION THIS AGREEMENT is entered into this 3`d day of July, 2012, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and Access Cable Corporation RECITALS WHEREAS, Access Cable Corporation desires to enter into a Joint Trench Agreement for installation of facilitiesin the trenches of Underground District No. 24 (20A Conversion 8th Street). NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. The CITY shall fumish trench, backfill, installation of conduit system with pull string and street repair.Trench, backfill, installation of conduit system with pull string shall be accomplished to Access Cable Corporationgoveming agency specficiatons 2. Access Cable Corporation agrees to pay the City an amount of $9,372.31 for installation of facilities in the trenches of Underground District No. 24 (20A Conversion 8th Street). 3. 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. 4. Access Cable Corporation will provide and deliver all Access Cable Corporation materials for said project. Delivery of Access Cable Corporation materials shall not be unreasonably delayed. `5. Access Cable Corporation will provide onsight inspection for CATV conduit system. 6. The City shall provide the as-builts drawings to Access Cable Corporation. 7. The City shall collect payment from Access Cable Corporation as follows: $4,686.16 due upon execution of this agreement and $4,684.15 due within 30 days of the City deliverying final as-builts for the project for a total consideration of $9,372.31. Any agreed upon changes shall be paid within 30 days of execution of a Change Order. 8. Access Cable Corporation agrees that all overhead facilities shall be removed on or before August 26, 2013, by Access Cable Corporation.. 9. In the event that Access Cable Corporation fails to remove facilities by August 26, 2013, Access Cable Corporation agrees to allow the City to remove the overheadfacilities and 1 further agrees that the City shall be reimbursed for all costs associated with such removal. 10. Access Cable Corporation 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 attomey'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 Access Cable Corporation negligent performance of construction 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 Access Cable Corporation (Corporation — signatures of two corporate officers) (Partnership — one signature) (Sale proprietorship — one signefurj) By: By: Ron Morison, Mayor APPROVED AS TO FORM: Claudia G. Silva City Attorney S+l A./ri E. (Print) (Title) By: (Name) 2 (Print) (Title Citys Standard Agreement —June 2e0e revision 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 ACCESS CABLE CORPORATION WHEREIN ACCESS CABLE CORPORATION PAYS THE CITY THE NOT TO EXCEED AMOUNT OF $9,372.31 FOR 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, Access Cable Corporation Joint Trench Agreement ("JTA') has a not to exceed amount of $9,372.31 where Access Cable Corporation will pay the City one-half (%) of the offer within 30 days of executing this Agreement, and the final one-half (%) within 30 days of the City providing the as-builts for the Project. 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 Access Cable Corporation for the underground conversion of utilities in conjunction with Underground District No. 24, wherein Access Cable Corporation shall pay the City the amount of $9,372.31 for the aerial to underground conversion of utilities. Said Joint Offer Agreement is on file in the Office of the City Clerk. --- Signature Page to Follow --- PASSED and ADOPTED this 3rd day of July, 2012. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney 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 July 26, 2012 Mr. Tom Williams Access Cable 581 C Street Chula Vista, CA 91910 Dear Mr. Williams, On July 3rd, 2012, Resolution No. 2012-146 was passed and adopted by the City Council of the City of National City, authorizing execution of a Joint Trench Offer Agreement with Access Cable. We are enclosing for your records a certified copy of the above Resolution and a fully executed original Agreement. Michael R. Dalla, CMC City Clerk Enclosures cc: Engineering Dept.