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HomeMy WebLinkAboutSouthern California Gas Company (Gas Company) - SCG - 2015-12-21 0001 r City of Huntington Beach File #: 19-096 MEETING DATE: 2/19/2019 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Antonia Graham, Assistant to the City Manager Subject: Approve and authorize the execution of Amendment No. 2 to the Attachment Agreement by and between the City and Southern California Gas Company for Advanced Meter Facilities on City Owned Streetlights Statement of Issue: On December 21, 2015, the City Council authorized the Southern California Gas Company (SCG) to enable SCG to attach their Data Collection Units (DCUs) to City owned streetlights. Subsequently, on June 5, 2017 the City Council approved Amendment No. 1 to the aforementioned agreement which enabled SCG to attach 18 more units on streetlights, as the City, by then, had acquired 10,000 streetlights from Southern California Edison. This second Amendment will enable SCG to install an additional 3 DCUs. Financial Impact: The Gas Company will pay to the City a one-time fee of $780 per pole ($2,340). The payment is based on a lease charge of$39 per pole for 20 years and will be deposited into the General Fund. Recommended Action: Approve and authorize the City Manager to execute "Amendment No. 2 to Attachment Agreement By and Between the City of Huntington Beach, California and Southern California Gas Company." Alternative Action(s): Do not approve the Amendment and direct staff accordingly. Analysis: Since 2012, SCG has been rolling out their Advanced Metering Project (AMP) following the California Public Utilities Commission decision in 2010 to make gas utilities upgrade their existing supply of over six million natural gas meters by 2017. Advanced meters automatically read and securely transmit gas usage information to data collection units (DCUs). On December 21, 2015, the City Council approved an attachment agreement with SCG to allow SCG City of Huntington Beach Page 1 of 2 Printed on 2/13/2019 poweredly C_eaistarTl File #: 19-096 MEETING DATE: 2/19/2019 to attach three (3) DCUs on City owned streetlights. At that time, the City had not acquired any streetlights from Southern California Edison (SCE). Subsequently, Council approved an amendment to the agreement on June 5, 2017, for an additional eighteen (18) units on streetlights, and by that time the City had nearly completed its acquisition with SCE. The price and terms remain the same as the previous amendment and original agreement, with the lease payment of $780 per pole for 20 years. Environmental Status: The lease agreement and the amendment are categorically exempt under the California Environmental Quality Act under Class 1, Existing Facilities. The attachment of equipment to an existing City facility involved negligible or no expansion of use beyond that previously existing. Strategic Plan Goal: Enhance and maintain infrastructure Attachment(s): 1. Amendment No. 2 to Attachment Agreement By and Between the City of Huntington Beach, California and Southern California Gas Company. City of Huntington Beach Page 2 of 2 Printed on 2/13/2019 powered321 Legistar- AMENDMENT NO. 2 TO ATTACHMENT AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH,CALIFORNIA AND SOUTHERN CALIFORNIA GAS COMPANY THIS AMENDMENT is made and entered into by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation,hereinafter referred to as "City,"and SOUTHERN CALIFORNIA GAS COMPANY,a California corporation, hereinafter referred to as the("Gas Company"). WHEREAS,City and the Gas Company are parties to that certain agreement, dated December 21,2015,entitled"Attachment Agreement by and between the City of Huntington Beach, California and Southern California Gas Company,: which agreement shall hereinafter be referred to as the "Original Agreement,"and City and the Gas Company wish to amend the Original Agreement to add Exhibit "C,"indicating additional/new sites on new City owned poles. NOW,THEREFORE, it is agreed by City and the Gas Company as follows: 1. Payment. Gas Company shall pay the one-time fee in the amount $2340 of to the City Treasurer's Office, P.O. Box 711, Huntington Beach, California, 92648. Gas Company shall pay the one-time fee, which must be received by the City Treasurer within fifteen (15) calendar days ("Due Date") from the execution of this Agreement, or on the next business day if the fifteenth day falls on a weekend or holiday. The one-time fee mailed payment shall be deemed paid upon the date such payment is officially postmarked by the United States Postal Service. If postmarks are illegible to read, the payment shall be deemed paid upon actual receipt. 2. Exhibit."C"is added to the Original Agreement. 3. REAFFIRMATION Except as specifically modified herein,all other terms and conditions of the Original Agreement shall remain in full force and effect. This Agreement shall be made effective upon execution by both Parties. s 19-7247/194538 1 IN WITNESS WHEREOF,the Parties hereto have used this Amendment No. 2 to the Original Agreement to be executed on the day of "/'q SOUTHERN CALIFORNIA CITY OF HUNTINGTON BEACH, GAS COMPANY,a a municipal corporation of the State California corporation of California By: ity nager print name ITS: (circle one) Chairman/President/Vice President INIT ED AND APPROVED: ANDJAXoq 9 Assistant City Manager By: REVIr�NDAPPROVED: print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary-Treasurer ty nager APPROVED FO C' y Attorney ATE: 19-7247/194538 2 EXHIBIT C DCU Installation Jurisdiction Date 1.On Warner Ave.;South of 4069 Warner Ave.2.184 ft. HUNTINGTON BEACH MH6509 MH6509-A Attachment west of the west curb face of Sceptre Ln.3.2 ft.north of the HUNTINGTON 28-Jul-17 City north curbface of Warner Ave., BEACH Huntington Beach,Orange CA 92649 United States 33.711759 -118.057817 1)On Atlanta Ave;West of 2100 Beach Blvd HUNTINGTON HUNTINGTON BEACH LH7035 LH7035-A Attachment 2)200'W/W curb face of Beach Blvd BEACH 1-Jan-00 City 3)2'N/N curb face of Atlanta Ave 33.65774722 117.9891917 1)On Seagate Dr;North of 18862 Breezy 2)73ft.North of HUNTINGTON BEACH MHx050 MHx050-A Attachment the North curb face of Breezy 3)2ft.West of the West curb HUNTINGTON 8-Apr-16 City face of Seagate Dr, BEACH Huntington Beach,Orange County CA 92648 United States 33.688847 -117.999101 35 Dept. ID AD-17-016 Page 1 of 2 Meeting Date:6/5/2017 CITY OF HUNTINGTON BEACH REQUEST FOR. CITY COUNCIL ACTION MEETING DATE: 6/5/2017 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Antonia Graham, Assistant to the City Manager SUBJECT: Approve and authorize execution of Amendment No. 1 to an Attachment Agreement with Southern California Gas Company (SCG) for Advanced Meter Facilities on City-owned Street Lights Statement of Issue: On December 21, 2015, the City entered into an agreement with Southern California Gas Company (SCG) to enable SCG to attach their Data Collection Units (DCUs) to City owned streetlights. As of May 25, 2017 the City has taken over and paid for 2,700 streetlights from Southern California Edison (SCE). This Amendment will add 18 DCU sites which were previously on SCE owned poles and are now owned by the City. Financial Impact: The Gas Company will pay to the City a one-time fee of $780 per pole ($14,040). The payment is based on a lease charge of$39 per pole for 20 years. Recommended Action: Approve and authorize the City Manager to execute "Amendment No. 1 to Attachment Agreement by and Between the City of Huntington Beach, California and Southern California Gas Company." Alternative Action(s): Do not approve the Amendment and provide direction to staff. Analysis: Since 2012, SCG has been rolling out their Advanced Metering Project (AMP) following the California Public Utilities Commission decision in 2010 to have gas utilities upgrade their existing supply of over six million natural gas meters by 2017. Advanced meters automatically read and securely transmit gas usage information to data collection units. On December 21, 2015, the City Council approved an attachment agreement with SCG to allow SCG to attach three (3) DCUs on City owned streetlights. The Gas Company had an agreement with SCE for its streetlights but as the ownership of the streetlights transitions from SCE to the City an amendment to the City's existing agreement is needed to include the new locations. The price and terms remain the same, with the lease payment of $780 per pole for twenty years. Environmental Status: Item 18. - 1 HB -292- Dept. ID AD-17-016 Page 2 of 2 Meeting Date: 6/5/2017 The lease agreement and the amendment are categorically exempt under the California Environmental Quality Act under Class 1, Existing Facilities. The attachment of equipment to an existing City facility involves negligible or no expansion of use beyond that previously existing. Strategic Plan Goal: Enhance and maintain infrastructure Attachment(s): 1. Amendment No. 1 to Attachment Agreement by and between the City of Huntington Beach, California and Southern California Gas Company HB -293- Item 18. - 2 AMENDMENT NO. 1 TO ATTACHMENT AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH, CALIFORNIA AND SOUTHERN CALIFORNIA GAS COMPANY THIS AMENDMENT is made and entered into by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation, hereinafter referred to as "City," and SOUTHERN CALIFORNIA GAS COMPANY, a California corporation, hereinafter referred to as the ("Gas Company"). WHEREAS, City and the Gas Company are parties to that certain agreement, dated December 21, 2015, entitled"Attachment Agreement by and between the City of Huntington Beach, California and Southern California Gas Company,: which agreement shall hereinafter be referred to as the"Original Agreement," and City and the Gas Company wish to amend the Original Agreement to add Exhibit "B," indicating new sites on new City owned poles. NOW, THEREFORE, it is agreed by City and the Gas Company as follows: 1. Exhibit`B" is added to the Original Agreement. 2. REAFFIRMATION Except as specifically modified herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. This Agreement shall be made effective upon execution by both Parties. IN WITNESS WHEREOF, the Parties hereto have caused this Amendment No. 1 to the Original Agreement to be executed on the 5-75�' day of 2017. [Signatures on following page] 17-5770/157813/RLS 5/2/17/W 1 SOUTHERN CALIFORNIA CITY OF HUNTINGTON BEACH, GAS COMPANY, a a municipal corporation of the State California corporation of California G— Cilty4 4ager print name ITS: (circle one)Chairman/PresidentfVice President Zs AND By' n ItC ity ManagerPROVED: print name ' ITS: (circle one)Secretary/Chief Financial Officer/Asst. VI' 'D ND APPROVED: Secretary-Treasurer Ply onager APPROVED AS TO FORM: "ity Attorne ` - DATE: 17-5770/157813/RLS 5/2/17/MV 2 EXHIBITS-Amendment No. 1 to Attachment Agreement by and Between the City of Huntington Beach and Southern California Gas Company City Selected Site Pole Tag # AC or Solar Installation Point Type Site Location Latitude Longitude 1) On Huntington Street; East of 1323 Huntington Street SCE - HUNTINGTON BEACH LH043-E 181623DE AC Attachment 2) 21 Ft. South of the South Curb face of Nashville Avenue 3) 2 Ft. West of the West Curb face of Huntington Street, i Huntington Beach Orange County CA 92648 United States 33.669288 -117.995167 1) On Roderick Ln; East of 19641 Roderick Ln. SCE - HUNTINGTON BEACH L.H5239-A 1704065E AC Attachment 2) 137 feet north of the north curb face of Madeline Dr. 3) 2 feet west of the west curb face of Roderick Ln., Huntington Beach, Orange CA 92646 United States 33.67720277 -117.9707944 1) On Indianapolis Ave; South of 9352 Cloudhaven Drive. SCE - HUNTINGTON BEACH LH5240-A 1880859E AC Attachment 2) 276 feet east of the east curb face of Titan Ln. 3) 2 feet north of the north curb face of Indianapolis Ave., Huntington Beach, Orange CA 92646 United States 33.66513055 -117.9647333 i 1) On Newland St; East of 8491 Doncaster Dr. SCE - HUNTINGTON BEACH LHx044-A 4701716E AC Attachment 2) 44ft. South of the South curb face of St. Augustine Dr. 3) 2ft. West of the West curb face of Newland St., Huntington Beach, ©range County CA 92646 United States 33.653497 -117.979771 1. On Edinger Ave.; North of 7662 Edinger Ave, 2. 155 ft. West SCE - HUNTINGTON BEACH 0Hx[i41) L; 4109139E AC Attachment of the West curb face of Sher Ln. 3. 2 ft. South of the South curb face of Edinger Ave. , Huntington Beach, Orange CA 92647 United States 33.730052 -117.995241 1) On Saybrook Ln; East of 4232 Branford Dr SCE - HUNTINGTON BEACH LHx05O A 3001335E AC Attachment 2) 32ft. South of the South curb face of Branford Dr 3) 3ft. West of the West curb face of Saybrook Ln, Huntington Beach, Orange County 92649 United States 33.720692 -118.054475 1. On Garfield Ave.; East of 19002 Beach Blvd. 2. 250 ft. East of SCE - HUNTINGTON BEACH LHx436-C 4346085E AC Attachment the East curb face of Beach Blvd. 3. 2 ft. South of the South curb face of Garfield Ave., Huntington Beach, Orange CA 92646 United States 33,6866 -117.987774 1 EXHI BIT 4-Amendment No. Ito Attachment Agreement by and Between the City of Huntington Beach and Southern California Gas Company I Selected Site Installation City Point Pole Tag # AC or Solar Type Site Location Latitude Longitude 1. On Adams Ave.; North of 20001 Brookhurst St. SCE- HUNTINGTON BEACH -Hxx046-A 1880840E AC Attachment 2 222 Ft. West of the West curb face of Braokhurst St. 3. 2 ft. South of the South curb face of Adams Ave., Huntington Beach, Orange CA 92646 United States 33.67223 -117.954745 1) On Channel Ln; West of 3251 Easter Cir SCE - HUNTINGTON BEACH MH5253-B 1454215E AC Attachment 2) 21 feet north of the north curb face of Easter Cir 3) 2 feet east of the east curb face of Channel Ln, Huntington Beach, Orange CA 92649 United States JI 33.72013611 118.0701278 I 1) On Springdale St; East of 16479 Springdale St SCE - HUNTINGTON BEACH MH5254 A 4076772€: Attachment 2) 90 feet north of the north curb face of Heil Ave 3) 2 feet west of the west curb face of Springdale St, Huntington Beach, Orange CA 92649 United States 33.72304166 -118,0242333 1. On Warner Ave.; North of 4700 Warner Ave. 2. 260 ft. West SCE HUNTINGTON BEACH MHx048 C 4372964E Attachment of the West curb face of Lynn Lane 3. 2 ft. South of the South curb face of Warner Ave, Huntington Beach, Orange CA 92647 United States 33,715166 -118.046661 1) On Frans Ln; North of 5552 Wendy Cir SCE - HUNTINGTON BEACH MHx051-A 1787558E AC Attachment 2) 8ft. South of the North curb face of Wendy Cir 3) 2ft. East of the East Curb face of Frans Ln, Huntington Beach, Orange County CA 92649 United States 33.710007 -118.031126 1) On Norma Dr; South of 16731 Bartlett Ln SCE - HUNTINGTON BEACH MHx053-A 1788391E AC Attachment 2) 30ft. West of the West curb face of Bartlett Ln 3) 2ft. North of the North curb face of Norma ❑r, Huntington Beach, Orange County CA 92647 United States 33_.7_1926_3_ -118.0057 1) On Beach Blvd; West of 19800 Beach Blvd CAL- SCE - HUNTINGTON LHx045-A 2249477E AC Attachment 2) 204ft. South of the South curb face of Utica Ave BEACH 3) 2ft. East of the East curt face of'Beach Blvd, Huntington Beach Orange County CA 92648 United States 33.675208 -117.988423 1. On E Pacific Coast Hwy.; South of 16400 E Pacific Coast Hwy. CAL - SCE - HUNTINGTON 2. 64 ft. North of the North curb face of 24th St. 3. 2 ft, East of BEACH MHS215-C 2192973E AC Attachment the East curb face of E Pacific Coast Hwy. , Huntington Beach, Orange CA 92649 United States 33.723518 -118.076208 SCE - HUNTINGTON BEACH MHP-LH7001-B 4648181E AC Attachment 1. On Newland 5t.; east of 21851 Newland St. 2. 525 ft. north of the north curb face of E Pacific Coast Hwy. 3. 2 ft. east of the 33.645533 -117.980045 2 EXHIBIT d-Amendment No. 1 to Attachment Agreement by and Between the City of Huntington Beach and Southern California Gas Company east curb face of Newfa d St., Huntington Beach , Orange CA 92646 United States On Rancho Rd, East of 5150 Rancho Rd SCE — HUNTINGTON BEACH MH6523-A 4549381E AC Attachment 2 ft. North(NE)of the south curb face of Suffolk St. 2 ft.east(SE)of the east curb face of Rancho Rd. 33.75306200 -118.03771700 i 3 Dept ID City Manager's Office Page 1 of 2 Meeting Date 12/21/2015 7 -v CITY OF HUNTINGTON REACH REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 12/21/2015 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A Wilson, City Manager PREPARED BY: Ken Domer, Assistant City Manager SUBJECT: Approve and authorize execution of an Attachment Agreement between the City and Southern California Gas Company (SCG) for Advanced Meter Facilities on City-owned Street Lights Statement of Issue Southern California Gas Company (Gas Company) continues to roll out their Advance Metering Program (AMP) which utilizes, in part, street lights on which AMP facilities are attached The City currently owns three (3) street lights proposed to have facilities attached by the Gas Company and will ultimately own 18 additional street lights in which facilities will be attached In order to effectively lease space on City-owned street lights, it is proposed to enter into an Attachment Agreement detailing the terms and conditions under which such facilities can be attached to street lights Financial Impact Lump sum payment of $780 per pole with total initial revenue of $2,340 00 based on three (3) poles Lease payment is based on a space lease charge of$39 per pole for 20 years as a standard rate for similar type of attachment Recommended Action Approve and authorize the Mayor and City Clerk to execute the "Attachment Agreement by and between the City of Huntington Beach, California and Southern California Gas Company " Alternative Action(s) Do not approve the Attachment Agreement and provide direction to Staff Analysis Southern California Gas Company (Gas Company) has been rolling out their Advanced Metering Project (AMP) since 2012, following the California Public Utilities Commission decision in 2010 to have gas utilities upgrade their existing supply of over six million natural gas meters by 2017 An advanced meter automatically reads and securely transmits gas usage information to be received by data collector units (DCU's) DCU's are positioned to collect larger fields of gas meters with communication modules, and within Huntington Beach there will be approximately 18 DCU's DCU's are smaller, pole-mounted equipment boxes with whip antennas Advanced Meter Facilities consists of, among other things, the installation of advanced meter equipment, network communications devices including, but not limited to, DCU's, antennas, gas repeaters and/or radio frequency local area network range extenders, and other advanced meter facilities, in connection with and necessary for Gas Company's operation, transmission, and Item 10. - 1 HB -144- Dept ID City Manager's Office Page 2 of 2 Meeting Date 12/21/2015 distribution of gas in the City Typical DCU's are mounted 24 feet or higher and are powered by either solar power or from the actual street light itself DCU's are permitted to be installed on street lights per the Huntington Beach Zoning Code Section 230 96 The Gas Company has existing attachment agreements with Southern California Edison for its street lights and, in order to complete the roll out within the City, requires an Attachment Agreement with the City for the City-owned street lights and those street lights which will be transferred to the City over the next year An Attachment Agreement benefits the City, as any use agreement does, by providing a legal document with terms, conditions, and protections for City assets The lease payment is based on existing lease agreements with SCE and modified for City use The lease payment is consistent with other attachment agreements and paid in a lump sum payment at the beginning of the lease term The total lease payment is $780 per pole based on the limited space required on the pole The term of the agreement is for 20 years Environmental Status The proposed lease agreement is deemed categorically exempt under the California Environmental Quality Act under Class 1, Existing Facilities, in that the lease to attach equipment to an existing City facility (street light) involves negligible or no expansion of use beyond that previously existing Strategic Plan Goal Enhance and maintain infrastructure Attachment(s) 1 "Attachment Agreement by and between the City of Huntington Beach, California and Southern California Gas Company" xB -145- Item 10. - 2 ATTACHMENT AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH,CALIFORNIA AND SOUTHERN CALIFORNIA GAS COMPANY This Attachment Agreement("Agreement")is entered into this V4rday of December, 2015, by and between the City of Huntington Beach, a California municipal corporation, hereinafter referred to as the ("City") and Southern California Gas Company, a California corporation hereinafter referred to as the ("Gas Company"). Hereinafter the term "Parties" shall refer collectively to all the foregoing named Parties. The effective date of this Agreement shall be the date indicated hereinabove(the"Effective Date"). RECITALS WHEREAS, Gas Company is an investor-owned public utility that provides gas utility services to residents of City. WHEREAS, on May 24, 2010, pursuant to Ordinance No. 3880, City granted to Gas Company a franchise to use and lay pipes and appurtenances necessary and convenient for the operation of a gas utility under, along, across or upon public streets, ways, alleys and places (collectively, "Rights-of-Way") in the City for transmitting and distributing gas (the "Franchise") WHEREAS, Gas Company has been authorized by the California Public Utilities Commission to implement its Advanced Meter Program, which consists of, among other things, the installation of advanced meter equipment, network communications devices, including but not limited to data collector units ("DCU's), antennas, gas repeaters and/or radio frequency local area network range extenders, and other advanced meter facilities, in connection with and necessary for Gas Company's operation, transmission and distribution of gas in the City ("Advanced Meter Facilities") WHEREAS, the installation of Advanced Meter Facilities requires the use of existing infrastructure, such as poles, towers, streetlights or buildings of sufficient height and at appropriate locations in order to be effective. WHEREAS,the City owns street light facilities located within City-owned right-of-way. WHEREAS, Gas Company desires to license space on a portion of some of the City's street lights, and install its Advance Meter Facilities on them. WHEREAS, City agrees to license space on portions of three (3) City-owned street lights identified on"Exhibit A" and incorporated herein by this reference ("Street Light Sites") to the Gas Company to install its Advanced Meter Facilities, which are further described herein As of the date of this Agreement,the City only owns three(3) of the street lights,but anticipates taking title from SCE to eighteen (18) additional street lights in less than a year after the date of tlus Agreement. 1 15-4851/HB Clean docx WHEREAS, City and Gas Company have agreed to enter into this Agreement regarding Gas Company's use and attachment of Advanced Meter Facilities at the Street Light Sites upon the terms,conditions and other considerations set forth herein. NOW THEREFORE, in consideration thereof and for other valuable consideration as set forth herein below the parties hereto do mutually agree as follows. 1. Effective Date. This Agreement shall become effective as of the date of its execution by or on behalf of all the Parties hereto("Effective Dater). 2. Term.The term shall be for 20 years from the Effective Date. 3. Authorization. As a condition precedent to the terms of this agreement taking effect,specifically the instillation and lease of City Street lights the Gas Company shall apply for and obtain all City permits including an encroachment permit from the City pursuant to Huntington Beach Municipal Code("HBMC') Chapter 12.13 prior to installing any Advanced Meter Facilities The Advanced Meter Facilities proposed shall be consistent with the improvement drawings attached at Exhibit B (the"Improvement Drawings"). 4. Scope of Agreement. Nothing contained in this Agreement shall be deemed or construed to create the relationship of principal and agent or of partnership or of joint-venture or of any association whatsoever between City and Gas Company, it being expressly understood and agreed that neither the computation of fees nor any other provisions contained in this Agreement nor any act or acts of the parties hereto shall be deemed to create any relationship between City and Gas Company other than the relationship of City and Gas Company. Gas Company hereby acknowledges, agrees and covenants that this Agreement only permits the installation and maintenance DCUs and related equipment on existing street lights which solely serve Gas Company's delivery of natural gas, and water meters subject to any separate agreements between SoCalGas and City, and does not authorize Gas Company to use such facilities to provide any other service,including but not limited to any form of telecommunication services such as telephone,cable television or internet service. 5. Compensation. Gas Company shall pay to the City a one-time fee of$780 ($39 x 20 years)per Street Light Site. 6. Termination. City or Gas Company may terminate this Attachment Agreement at by providing 60 days written notice with or without cause, and whether or not any one or more of the attachments contemplated herein are actually in place or the project is fully complete Any termination of this Agreement by City of the Gas Company shall be made in writing, notice of which shall be delivered to City or Gas Company as provided herein. 2 15-4851MB Clean docx 7. Workmanship and Responsibility of Gas Company. All of Gas Company's construction and installation work shall be performed at Gas Company's sole cost and expense and in a good and workmanlike manner, in accordance with the rules and regulation of the CPUC,the City approved encroachment permit, and in compliance with all applicable State and City ordinances,regulations or laws. Gas Company shall remove all of the Advanced Meter Facilities and restore Street Light Sites to pre-installation conditions at its sole expense within one hundred eighty (180) days after the termmation of the Agreement, unless an agreement is otherwise reached between the City and Gas Company to abandon the Advanced Meter Facilities in place. Gas Company shall bear full responsibility for repairs to any damage to the Rights-of-Way and/or Street Light Sites caused by Gas Company's or its employees', contractors', subcontractors' or agents' installation, construction, maintenance, repair, operation and removal of the Advanced Meter Facilities. 8. Gas Company to Bear All Costs. The Gas Company, or any successor or authorized assign, shall bear all costs incurred in connection with Gas Company's or its employees', contractors', subcontractors' or agents' planning, design, installation, construction, maintenance, repair, operation and removal of the Advanced Meter Facilities City shall not be responsible or bear any cost for repair of any damage or movement of Advanced Meter Facilities due to repair, maintenance and/or failure/collapse of the Street Light Sites or any City-owned water and sewer lines, except for the active negligence or willful misconduct of the City,its officers,agents,employees, contractors or subcontractors 9. Interference. The Gas Company installation and use of the Advanced Meter Facilities under this Agreement shall not damage or interfere in any way with City's operations. The City at all times during this Agreement, reserves the right to take any action it deems necessary, in its sole discretion, to repair, maintain, alter, or improve the Street Light Sites, which may interfere with the Advanced Meter Facilities. The City agrees to give advance notice of such interference to the Gas Company when reasonably feasible and to reasonably cooperate with the Gas Company to carry out such activities with a minimum amount of interference with the Gas Company's operations. Gas Company shall not be entitled to any additional compensation or rights or remedies in law or equity if the City exercises this clause and an Advanced Meter Facility is required to be removed and/or relocated. The City will use its best efforts to relocate a displaced DCU, however the City is under no obligation to provide additional street lights or locations to site the displaced DCU. 10. Gas Company to Secure Approval and Permits. Not less than thirty (30) days prior to commencement of installation of the Advanced Meter Facilities, Gas Company shall, at its sole cost and expense, prepare and submit the Improvement Drawings to the City Engineer for review as described in Section 3 above. Gas Company shall, at its sole cost and expense, submit traffic control plans for approval by City Engineer. Pnor to commencement of any work contemplated 3 15-4851/HB Clean docx herein, the Gas Company shall secure all permits as required by the Huntington Beach Municipal and Zoning Codes. All work within the Rights-of-Way shall be performed in compliance with the encroachment permits and improvement plans and reviewed and approved by the City and all applicable permits obtained by Gas Company. In the event Gas Company is unwilling or unable to obtain City permits the City may terminate the entire Agreement or portion thereof and the Gas Company shall not be entitled to any additional compensation or rights or remedies in law or equity. 11. Indemnification of City. a. Gas Company shall indemnify and hold harmless City, its elected and appointed officers, employees, agents, contractors, successors and assigns, from any and all costs, liabilities, claims and expenses, including those from death or injury to any person or from a loss or damage to any real, personal or other property (collectively, "Claims"), arising from a breach of any obligation, duty, representation or warranty contained in this Agreement, and the Unmetered Service Agreement, and from any act or omission by Gas Company, or by any of Gas Company's employees, agents, contractors, affiliates, or invitees in connection with this Agreement or the Unmetered Service Agreement, including but not limited to claims, liabilities, costs or damages in connection with any work performed by Gas Company,or its employees, agents,or contractors, except to the extent that such Claims are attributable to the sole negligence or willful misconduct of City. The obligations of Gas Company under this Section shall arise at such time, if any,that any claim is made, or loss is incurred by City, and the entry of judgment or the litigation of any claim shall not be a condition precedent to the obligations of Gas Company hereunder. b. Gas Company shall promptly notify City of the existence of any matters to which Gas Company's indemnity obligations apply. Upon demand by City, Gas Company shall defend at its own expense with mutually acceptable counsel any such matter; provided that City shall at all times also have the right to fully participate in the defense and consent to any settlement or compromise. c IN NO EVENT SHALL CITY BE LIABLE TO GAS COMPANY FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING LOSS OF CUSTOMER'S CUSTOMERS OR GOOD WILL, OR LOST REVENUE OR PROFITS), FOR ANY CAUSE OF ACTION, WHETHER IN CONTRACT OR TORT, ARISING IN ANY MANNER FROM THIS AGREEMENT OR THE PERFORMANCE OR NON-PERFORMANCE OF OBLIGATIONS HEREUNDER, REGARDLESS OF THE CAUSE OR FORESEEABILITY THEREOF FURTHER, THE PARTIES AGREE IT IS REASONABLE THAT CITY SHALL NOT BE LIABLE FOR ANY DIRECT DAMAGESUNLESS CAUSED BY CITY'S SOLE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. 4 15-4851/HB Clean docx d. In addition, Gas Company agrees that City shall not be liable for any damage or injury of any kind or nature to any equipment, fixtures or site improvements of Gas Company or to Gas Company's employees, agents, servants, or independent contractors or any other third party invitees of Gas Company, notwithstanding the circumstances that City may be alleged or determined to have been concurrently,jointly, independently, or solely negligent (which shall not include gross negligence or willful misconduct) and that this was the direct or proximate cause of any such damage or injury. 12. Governing Law; Jurisdiction. This Agreement shall be governed and construed by and in accordance with the Laws of the State of California. Nothing in this section shall be interpreted to preclude either parry's right to seek redress from the CPUC. 13. Amendment of Agreement. This Agreement may not be amended except pursuant to a written instrument signed by both parties. 14. Notices. All notices, demands, requests, consents or other communications that this Agreement contemplates or authorizes, or requires or permits either parry to give to the other, shall be in writing and shall be personally delivered or mailed or sent by reputable overnight courser, such as FedEx, to the respective parry as follows TO CITY: City of Huntington, City Clerk 2000 Main Street Huntington Beach, CA 92648 Tel: (714)536-5555 And Copy To City of Huntington, City Attorney 2000 Main Street Huntington Beach, CA 92648 TO THE GAS COMPANY: Southern California Gas Company 555 West Fifth Street Los Angeles,CA 90013 Attn:David Mercer Network Technology Manager Tel: (213)244-5415 5 15-4851/HB Clean docx Either parry may change its address by notice to the other party as provided herein. Communications shall be deemed to have been given and received on the first to occur of (i) actual receipt at the offices of the parry to whom the communication is to be sent, as designated above, or (ii) three working days following the deposit in the United States Mail of registered or certified mail, postage prepaid, return receipt requested, or with reputable overnight courier, such as FedEx, addressed to the offices of the party to whom the communication is to be sent,as designated above. 15. Other Regulations. All Gas Company's use of the Rights-of-Way under this Agreement shall be in accordance with the laws of the United States of America, the State of California and in accordance with all applicable rules and regulations and ordinances of the City now in force, or hereinafter prescribed or promulgated by resolution or ordinance or by State or Federal law. 16. Powers to Enter into Agreement. The individuals executing this Agreement represent and warrant that they have the right,power, legal capacity and authority to enter into and to execute this Agreement on behalf of the respective legal entities of the Gas Company and the City. 17. Assignment or Transfer of Authorization. This Agreement may NOT be assigned or transferred to any qualified person or entity without prior written approval of the City which may be withheld at the City's sole discretion. Notwithstanding the foregoing, City's prior written consent shall not be required for any of the following: (a) the transfer of any shares or stock in or change in control of Gas Company's parent company, or (b) any merger, consolidation or reorganization of,by or with Gas Company or transfer of all or substantially all of the stock or shares in Gas Company or assets of Gas Company. 18. Entire Agreement; Successors and Assigns. This Agreement contains the entire understanding between the parties with respect to the subject matter herein There are no representations, agreements, or understandings, whether oral or written, between or among the parties relating to the subject matter of this Agreement which are not fully expressed herein. Each party has relied on advice from its own attorneys, and the warranties, representations, and covenants of this Agreement itself. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. 6 15-4851/HB Clean.doex IN WITNESS WHEREOF the parties hereto for themselves, their heirs, executors, administrators, successors, and assigns do hereby agree to the full performance of the covenants herein contained and have caused this Agreement to be executed,by setting hereunto their signatures on the day and year respectively written herein below. THE CITY OF HUNTINGTON BEACH DATE: aj 2./ /�D/� Mayor. ATTEST• 'VA 6A iA By �W04toO,-) C lynn f,/lerk 9 INITIATED AND APPROVED B Ken Domer Assistant City Manager APPROVED AS By: M" ael Gates ity Attorney SOUTHERN CALIFORNIA GAS COMPANY DATE 12 By: David Mercer Network Technology Manager Advanced Meter Project 7 15-4851MB Clean docx "Exhibit A" Street Light Sites Gas Street Address Latitude Company Site ID LHx522-A in Park;North of 33.710427 Jacqueline Lane -117.9931861 N/A MH5256-B Pacific Coast Highway 33.656025 -118.000225 N/A MHx049-A Summit Drive 33 1.682840 -118.006910 17 f MY INFORNFiiW CITY: HUNTINGTON BEACH, CA COUNTY: GRANGE COUNTY SoCalGas JURISDICTION: CITY OF HUNTiNGTON BEACH MsocalGas SITE NUMBER/ID: MH5256-B SITE TYPE: (E) 28.5' A.G.L. CONCRETE STREET � II cDUETE1� Sel�l. Aa Energy utr7itrese LIGHT, SOLAR POWER, BASE a�K PROJECT SUMMARY: - SHEET INDEX r SIDE ADDRESS: SHEET Np' pE$CRIPlI[e+, IN"L{lN-0,W.SOUTHOF!20 PACIFR:COAST HWY,H'A"INNGTON BEAOH, CA,4244& i-1 TITLE SHEET AwP IrpHl: 5M IFIERH 1.211TH FL GAS CO. i-2 GENERAL NOTES 555 W.SE Si.2STH FLOE3R.LOS ANGEL"5.(;R 99p13 A_. SITE Pi AN REPRESERTAIItyE:KRYSYAi TOL$ERT PHONE:(2134 2L 43f A, ELEVA. iv 1Rf WkR I Y OWHER� •<�SIC-W IurYai.NiM. C(TYOFHUNTIMOl 001E -PUBOC'AT S33EPT A-3 €OUWM€N1 U61ALL5 2m MAIN ST.,NIUNTM I-@EACH.to QMS A4 N.IOUNTING DETAIS PHONE:1711153 31 A MATFRN SLIST PUBLIC RNGIIT a WAY 28.5'STREET LEG pe pµGRA1,N ELECTRIO �I T E CONCRETE.:dll AR EU.SF ATrTuIE.33.656025W .� OCCLIPANCr'CLAS4If`=.N:UTkfTY:WIRELESS ANTENNA LONING CLASSIFICAI ION; SHEET ifRF C-01N51HUGI104 TVPS: :,S.J'H R CALIFORN TITLE SHEET SOU fHERN CALIF NT M GAT CO.PROPOSES TO INSTALL n AGARP-6'I AENTMOUNTED ONANEW CONCRETE POLE.25-6'ABOVE GROUND LEVEL CONSULTING TEAM: APPROVALS: �E Np LrnM�M'IER HFRER APRNOVF..A.>o C A'MSF pppJYEHis AIa - - rHOFatfa EenH*.r+Aefctti Ro[x Eo+T9r FE cuMSIRueY oFY�:gxElt �RFw1eYF�Sa YFM5aB.6Y6E .TOE E'ABYT�La VICINITY MAP SAC2DNl12GM1*ERu1TT ING: OONSI HUCFIONi PROJECT MANAGkN 'U€-1-Nf Aqp AV CHANCES ANpNmFMCi,Tk)Hq T�"I I— IHDMA.e.01)roT .CIS ANG�3. 1 r --• NOT i0 SCALE +l i -- vAGE.ee3 �T• SOUTHF NCAII ORNI soU ERNC DRNfAO Q. 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VOIWI FM M MEN=LrX SIN]I nIAF CDIJTPAL:TDR 511N1 a TO WARRANTIES AND BONDS anFN A MOUM POP PEEL ftw Na F� P nn.ac N [CYN PArvnuPT•DF iiD TD cowaa AND As-eFat DDF.EETIFS/DRiWNIos. s.*_...•�.. .[-••.�•, T. ME wTN-Liotl 5 P�.pO[R9-E SCR lPR1DnDN AM Wi1LMT z 0 M W M,PE,F.�SE FxNL PArkFM Liu,sFnssACTDRe'REYEIp AND OF C<Jl/TMA[EDP uLENgs Np[iO1fIG. CWIPA4TpT COwLIENCE OF•NE FeLF4 FATIw RFWP ENM wS,EW�,RPADFDN SERnfFS tea,FDR Aoa„�OEEAeS T-2 A c�a, Cz opt SoCalGas G. J AOVATI•CEO METER c re , (E)28.5-A.G.L,CONCRETE STREET wo:cc.—T— i LIGHT,SOLAR POWER,BASE t 28.5 STREET LIGHT Q} CONCRETE,SOLAR.SASE WHET TttIE: ,r�y SITE PLAN I \ I \ { SITE PLAN ,•s20LE - A►-1 V0.0f4RTr 039f+u.GpS,AN�x RE RTCA4:11(h+pN UMT'fA Wn6.r __ WTiHWrTHE WrUTTEnI PEFM.SSIOH OF�GAi F3 PT.M✓ei[EQ D- �1 Y,'F WASH METAL.SS- -- d55-d.70MPI AN73,001 I' UHF ANT.BASE • PIN:073-{IGtO COPJOAL CABLE IS TO BE SECURED Pm:069.3305 ,r BRACKET.NMO TO POLE AND ANTENNA BOOM.SEE F'N:056-9975P NOTE 4 AND CONSULT INSTALLATION INSTRUCTIONS. UHF.ANT.BASE BRACKET,NMO PacvrsirinArw�a+unTxx- 4554FOMHz ANT.DCUII PN;056-9975P PIN:073-Mi0 —— ANTENNA BOOM,4 FT. PN:056.997SM I MET1ALRSS I DRIP LOOPS ARE TO 67 - RF CONNECTIONS TO BE •r -: PlTI;06933415 oCa l C� WEATHEROO RPFED USING SILICONE BE FORMED WITH A �y <_ MINIMUM RADIUS. ELECTRICAL TAPE t (3MF70,CLASS'H"INSULATION C.r -- P.;084-0119) '/,'-i6X 1-HEX U LOW LOSS N-M TO N-M HEAD BOLT.SS PN:070-2570-05 PIN;069-561832LS ADVANCED METER DETAIL A DETAIL C DETAIL D DETAIL B e re A � LUMINAIRE f 'iB LUMINAIRE MAST ARM — DCU CABINET TO BE SOLAR PANEL IS - INSTALLED OPPOSITE TO BE MOUNTED VEHICULAR TO FACE SOUTH TRAFFIC SPACE 28.5'STREET LIGHT 31't D' coNCB�,snLAB.aASF LUMINAIRE MOUNTING HEIGHT 29-3" SHEFT iRLL: pOLE OCTAGONAL.CONCRETE HEIGHT LIGHTING POLE 2H'ANTENNA ELEVATIONS EOOM HEIGHT 27•4" DCU& SOLAR PANEL p HEFGHT 45' 7s 2 �PACIFIC COAST EX-SIDEWALK EX.SIDEWALK HWY. K FOUN�OAMN ::•: • L - DEPTH EXISTING GUTTER �c:s sac.At-E�.PRY]PRIETIETARY AND CONFIMNFIbA, r14ROMlKl _ 'TIRE r!P�, p LM0 OP.. NOTES; COOCQP'.f m CIO r.N MAXIMUM DCU RATED WEIGHT NOT TO EMCEED SfiN WITH BATTERIES.2 . ENCLOSURE RATED ALE 3R. 3. DRAWING NOTC TO ABLES ALE. 4, RF COAXIAL CABLES ARE TOBE SECURED USING TRAP BOXES„ � G 4 A-2 A STAMLESS STEEL BANDING. G.SNAP LOCKS.ETC, mo[T[ zRg.gpp,-;nr-xf.lu,x r, � in SALE n oNNAi.ur.cor+I,Mu[S1 IN+HI3 orsxnttaa As niE saSE .Nq]S'k NTx(1P s(1C:aS C.NS.ANV pEPHCII}Uf.11pM W oAPi fla1YN.k.c vEPMI551QM�.GOCK C✓S K.R+LNBITEN. li PgmP41fTNK psoaMAmr 17=1 Ln In I MSoCalGas N I pl I ADVANCED METER _ c re Ql�� ^H[1+kC VStMiM.I K+N. 31,33' "1 4� 26.9 STREET LIGHT :11=(DC.U.) DATA COLLECTOR UNIT (55 LBS) 2 SOLAR PANEL (14.11 LBS) `�CHFTF.go`sMfWgIF 42 EQUIPMENT DETAILS �ENSL A- 3 ALUMINUM ANTENNA ARM 4 455-470 MHz ANTENNAS ('WHIP) C� CD - �y. i ® �F MSoCalGas i c re a 5 1450 MHz ANTENNA INSTALLATION 6 DATA COLLECTOR UNIT (DCU) INSTALLATION -7E` 28.5'STREET LIGHT CCNCRE E,SiClRR.BASF FIELD BULLETIN-INSTALLATION INSTRUCTIONS FOR OCU I SOLAR PANEL 1 ANTENNAS MOUNTING HARDWARE FOR CONCRETE POLES ^ - - ' 1. ENSURE TORQUE VALUE 1 MEASUREMENTS ARE RECORDED ON THE INSTALLATION OA INSPECTION SHEET AND AS-BUILT MARK-UPS. 2. BAND STRAPS ARE TO BE TIGHTENED TO BAND STRAP TOOL SETTING OF 25,PER BAND-IT TOOL GUIDELINES. 3.ASSIGNED SCG PM OR INSTALLATION CONTRACTOR SHALL TAKE PICTURES OF THE COMPLETED WORK,INCLUDING A PICTURE OF EACH BAND MOUNTING STRAPS- C7 THE INfIXBI�.TgM G4HtAlIEo oN Ti+S 41rtAVlING —f ! f-4 A 7 SOLAR PANEL INSTALLATION 8 BULLETIN PR�R vS MPRODU�H N PART OR f]IfTT11EN%�iEM dfRM1135iCN CF 59C.U.GA435 PH[MIBir[b m,E i�uwnnory co.+,NHEu r+,Hu na.+w+c 1e THE saE vnaucai,os sncF•,cFs.,ur.wFwmwc - riSTHOHi-HE'6WtfITEN PEfM55N1H to SLYlil 4E.S��4UrIBHE6E _ R[aPRIETMY K4Mf.IFrk,f. MATERIALS LIST ITEM NO. PART NUMBER DESCRIPTION QTY. �r,�,.•n. 1 501-9975VERSTIRI-SCG OCU,CELL.SOLAR PWR,SCG 1 2 042-9975 BATTERY,26 AMP HOUR,VCJ 9975 1 ti 3 109-9975D UHF ANT BASE ASSY 2 SoCalGds 4 EM-M10fl07 455-47OMHzANT,DCUII 2 5 056-9975M ANTENNA BOOM,4 FT 1 6 109-9975F65 65 W SOL PANEL WI MNTG I 7 109-10700-02 MTG KIT.METALICONCRETE POLE,SOLAR 1 069-561832LS 5116-18 X 1",HEX HEAD BOLT,SS 10 ADwa�NGc o ME R 069-3304 5116"SPR LW,.32 ID X.59 OD,18-8$S 10 _ _069-3305 J, FIWASH METAL,SS 10 069-3306 5116-18 HEX NUT SS 10 067-5373D BANDING CLAMP i SS 201,UB256 5 re 067-5373G BANDING BRACKET 5 067-5373C BANDING STRAP 201,SS 5 070-2570-10 IV LOW LOSS N-M TO N-M 2 — 098-0048 GROUND ROD, "X 8' 1 F9 098 0049 GROUNDING CLAMP 1 10 071-1509 GROUNDING WIRE 8 GA,CU,SOLID 1 '11 098-0050 GROUNDING WORE SPLICE I 28.5'STREET LIGHT '12 098-0054 CABLE MGMT,BRACKET'S(TRAP BOXES) AS NEEDED CONCRETE,SOLM.6 E =13 TBD SNAP-IN CLAMP AS NEEDED 14 098-0056 LMT-400 2 HOLE BOOM CLAMP AS NEEDED 15 098-0057 LMT-400 4 HOLE BOOM CLAMP AS NEEDED sHecr iarlF. '16 08a-0119 FUSION TAPE AS NEEDED '17 TCP-360 "CABLE SPACERS 2 M DCUATERIALS F18 501-9975-SWKIT-01 DOOR TAMPER SWITCH 1 LIST CONTRACTOR SUPPLIED MATERIALS FOR SMALL ENCLOSURE: 501-9975-SWKIT FOR LARGE ENCLOSURE: 501-9975-SWKIT-01 NOTES; 1. MAXIMUM RCII CABINET WEIGHTWITH NOT TO EXCEED 554 BATTERIES. 2. ENCLOSURE RATED NEM 3R, - 3. DRAW MG NOT TO S'CAL.E. - e. RF COAXIAL CABLES ARE TO BE SECURED USING TRAP BOXES, STAINLESS STEEL BANDING,SNAP LOCKS,ETC. A-5 A NOTES: 1.LOAD AND VOLTAGE DROP CALCULATIONS MUST BE PERFORMED FOR SPECIFIC SITE DESIGN, 2.AERATE CONDUCTORS AS REQUIRED BY NEC. 3.ALL CONDUCTORS SHALL BE INSTALLED IN AN APPROVED RACEWAY. WoCalGas A.ALL CONDUCTORS SHALL BE COPPER AND TH IO HNrFHWN RATED INSULATN 5.ALL OUTDOOR INSTALLATION SHALL 9E IN AN.OUTDOOR RATED ENCLOSURE. ADVANCED METER re #14 THHNITHWN(TYP.) F6�iWOLAR PANFI _ _� aac�ECT usErixreva f + + ' 40 WATTS 28.5'STREET LIGHT — —e `_� COtYLkFZF SClLAR,BdSE I DCO S T—E. ELECTRICAL SOLAR POWER SOURCE 9 SOLAR POWER SOURCE 10 NOT USED R �°`°"' .1 �� �°� �� E-� n EK'x'EFTr aE s<' .' cur REr+rscouenoe�iN P.x,cn vmoe.E MT----N aEiansSmw oC Sc3c�n uhY IS I+RCt+BITEP , tell City Of Huntington Beach . 2000 Main Street s Huntington Beach, CA 92648 (714) 536-5227 ® www.huntingtonbeachca.gov H B17 19D9,a� Office of the City Clerk ' Joan L. Flynn, City Clerk December 23, 2015 Southern California Gas Company Attn David Mercer, Network Tech Manager 555 West Fifth Street Los Angeles, CA 90013 Dear Mr Mercer Enclosed for your records is a copy of the fully executed "Attachment Agreement By and Between The City of Huntington Beach, California and Southern California Gas Company " Sincerely, 9*9*4-,W. Joan L Flynn, CMC City Clerk JF pe Enclosure Sister Cities Anjo, Japan 0 Waitakere, New Zealand