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HomeMy WebLinkAboutReso 1985-12108 RESOLUTION NO. 12108 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT WITH SAN DIEGO GAS & ELECTRIC COMPANY FOR THE PURPOSE OF UNDERGROUNDING UTILITIES ALONG MAXWELL ROAD AND DESIGN COURT WITHIN THE OTAY VALLEY ROAD REDEVELOPMENT PROJECT AREA The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, the City of Chula Vista has previously approved an agreement with San Diego Gas & Electric Company for the undergrounding of utility lines along Maxwell Road, Design Court, and Research Court within the Otay Valley Road Redevelopment Project Area for the sum of $95,330; and, WHEREAS, the design of said project has recently been revised concerning the design of undergrounding utilities along Research Court; and, WHEREAS, there is no change in the contract amount for completing the revised scope of work; and, WHEREAS, San Diego Gas & Electric Company requires a revised contract because of the changes in design of the proposed work; and, WHEREAS, the cost of this contract will be shared one-third by the City of Chula Vista, one-third by the Otay Valley Industrial Park, and one- third by W. F. Maxwell, Inc. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve an agreement with San Diego Gas & Electric' Company for the undergrounding of utility lines along Maxwell Road, Design Court, and Research Court within the Otay Valley Road Redevelopment Project Area, a copy of which is attached hereto as though fully set forth herein. BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute said agreement on behalf of the City Council. Presented~-~_.x~ Approved as to form by Paul G. aesroc~ers, 'ommunity Thomas d. Harron, City Attorney Development Director ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, this 23rd dl3y Of July 19 85 , by the following vote, to-wit: AYES: C0uncilmembers Cox, Malcolm, McCandliss, Scott, Moore NAYES: Council members None ABSTAIN: Council members None ABSENT: Council members None City of Chulo Vista ~,/ City Clerk ~' STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Vista, California, DO HEREBY CERTIFY that the above and foregoing is o full, true and correct copy of RESOLUTION NO. 12108 ,and that the same has not been amendedor repealed. DATED (seal) City Clerk CC-660 THIS AGREEMENT CANCELS & SUPERSEDES Submitted to Applicant by: AGREEMENT SIGNED & DATED ' April 26, 1985 Barry A/ired ( San Diego Gao & Electric AGREEMENT FOR REPLACEMENT OF OVERHEAD WITH UNDERGROUND FACILITIES T~IS AGREEMENT, made and entered into, by and b6{w~en San Diego Gas & Electric Company, a corporation, hereinaf~er called "Utility", and ~//~f~f ~/~'~ F/~/z~ hereinafter called "Applicants". ' WITNESSETH: WHEREAS, Applicants are the owners, lessees, or others having a legal interest in those certain premises known as OTAY VALLEY INDUSTRIAL PARK located at Maxwell Road N/O Otav Valley Rd. ~,]a V~mta ; and WHEREAS, Applicants 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 herei~fr~fter ~rovided, Utility, upon obtaining satisfactory easements for any required rights of way, shall remove its existing overhead elec- tric 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 Utility and.~plicants 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 ser- vice to any of such premises. 3. This Agreement shall become effective only upon compliance with all of the following conditions: a. Ail Applicants shall execute this Agreement and shall perform all of the conditions herein contained. 28-83 /;/ A~P~N~IX A ' ~,' ~J I. Data regarding facilities installed by Applicant(s): A. Utility's estimated value of facilities required for ~ replaem_ment of overhead with underground to be ~einatalled by Applicant (Cust. Value of Work - Option A__) $ -0- B. Utility's estimated value (to be-paid to Applicant upon ~eceptance of-Applicant's work by Utility) of facilities -~required for future use by Utility and to be installed by Applicant (Customer Credits - Option__) $ -0- II. Calculation of costs per Rule 20.B: A. Estimated cost of underground facilities for replacement of' overhead (Customer Cost - Option A) $ 95,597.00 B. ~-Estimated cost of related overhead construction $ 11,409.00 C. Total estimated cost of facilities (sum of line II.A and line II.B) $ 107,006.00 D. Estimated cost of equivalent overhead system $ 11,676.00 E. Total cost of Applicant (line II.C less line II.D) $ 95,330.00 F. Estimated value of facilities to be installed by Applicant (line I.A above) $ -O- G. Net estimated charge to Applicant (line II .E less line II .F) $ 95,330.00 III. Calculation of costs per Rule 20.C: A. Estimated cost of underground facilities for replacement of overhead (Customer Cost - Option A) B. Estimated cost of related overhead construction and removal of existing facilities C. Total estimated cost of facilities Credit for salvage and depreciation of existing facilities E. Total cost to Applicant (line III.C less line III.D) F. Estimated value of facilities to be installed by Applicant (line I.A above) C. Net estimated charge to Applieant (line III.E less line III.F) 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 poles 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 agree- ment 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 mate- rial, and facilities and perform the work indi- cated below by a check mark. The material, facili- ties and work listed below which are not indicated with a check mark'shall be furnished, installed and performed by Utility at Applicant's expense. ~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 pro- vide any necessary changes to the existing facili- ties 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 plans and specifica- tions. 4. Receipt is acknowledged from Applicant(s) of $95,330.00 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 Under- ground Facilities. Said amount includes any engineering fee or fees that may have been paid to Utility in ~-27§9H 2 of 5 28-83 contemplation of the work provided for in Section 2. After completion of all work by Utility, Utility will determine the actual cost of the work. Should this' amount be less than the estimated cost stated above, Utility will refund the difference to Applicant(s). No such refund shall be made in regard to amounts less than $25.00. 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, con- nectors 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 not- withstanding 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. 7. a. Utility shall be under no obligation to perform and complete the work undertaken by its 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 facili- ties 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 occurence of the conditions specified in sub- sections (a) and (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 subsections (a) or (b) of this Section, or under any other provisions of this Agreement. 3 of 5 06-2759H -28-83 d. If any Applicant shall, within one year of the da~e of this Agreement, fall 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 installa- tion, 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 hereuhder. 8. If within 60 days after the effective date of the Con- tract Documents the Applicant has not started to perform the work required by the Contract Documents, the Con- tract Documents shall terminate and become void. In that event, Utility shall return the above cash advance and all of Utility's obligations under the Contract Documents shall cease. 9. Once Applicant has started to perform the work required by the Contract Documents, Applicant agrees 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 Docu- ments, Utility shall have the right, upon giving written notice to Applicants, to cancel and terminate the Con- tract Documents. If Utility elects to cancel and termi- nate the Contract Documents, Utility shall return to the Applicants an amount equal to the above cash advance minus Utility's costs. Utillty's costs is 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 Applicant's project, plus 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 its right to cancel and terminate and upon payment to Appli- cants, all of Utility's obligations under the Contract Documents shall cease. 10. This Agreement shall at all times be subject to such changes or modifications by the California Public Utilities Commission as said Commission may, from time to time, direct in the exercise of its jurisdiction. 11. Ail terms and situations heretofore made and agreed to by the parties in relation to said electric line 4 of 5 replacement are set forth in this Agreement and no representation of any agent or employees shall be binding Upon Utility exce t as Appendix "A" a ~-~-~ ~ P . expressed herein. t~,~u hereto is solely for use by Utility and nothing contained the shall in any way alter or vary a ,, ~ .... rein contained in ~i .n~ ~c~,., con~tion or stipulation ~z~ ~greement. 12. If Applicant is a Corporation a yenture or a grou~ of ~-~ ~-' ? rtnership, joint ~ ~,,u~v~uais, the subscriber here- ~o represents that he has the authority to bind said corporation, partners, joint venture or individ~als, 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.. 13. 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. , ' 14. The Contract DOCuments shall become effective only upon the date signed by the authorized representative of Utility. IN WITNESS WHEREOF, the parties hereto have indi- vidually 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 ease may be. Mayor Ap _ u~i~ed Signature Utilit~ ,., City Hall 276 Fourth Avenue Chula Vista, CA 92010 (Mailing Address) Date: 5 of 5