HomeMy WebLinkAboutSCE - Southern California Edison - 2007-11-19 {
Council/Agency Meeting Held: 320i'
Deferred/Continued to:
*Appr ve ❑ Conditionally Approved ❑ Denied it I rk's Agnat e
Council Meeting Date: 11/19/2007 Departmen Number: PW07-069
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND
..��,,CITY C UNCIL MEMBERS
N CA
SUBMITTED BY: PEN O E CdLBRERAFT, D A, CITY ADMINISTRATOR
PREPARED BY: TRAVIS K. HOPKINS, PE, ACTING DIREisTM O P -
ENGINEERING
SUBJECT: Award Construction Contract for Newland Street Improvements, CC-
1095
Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s)
Statement of Issue: On October 30, 2007, bids were opened for the Newland Street
Improvements, CC-1095. Staff requests that City Council award the contract to Hillcrest
Contracting, the lowest responsive and responsible bidder.
Funding Source: Funding in the amount of $3,325,000 is budgeted in Traffic Impact
Fund, Newland Widening, Street Improvements 20690003.82300. Additional funding in the
amount of $2,175,000 will be appropriated from the Traffic Impact Fund undesignated fund
balance to the project account.
Recommended Action: Motion to:
1. Approve the project plans and specifications for the Newland Street Improvements, CC-
1095.
'4 2. Accept the lowest responsive and responsible bid submitted by Hillcrest Contracting, in
the amount of$4,032,179.50;
^ � 3. Authorize the Mayor and City Clerk to execute a construction contract in a form approved
by the City Attorney;
4. Authorize the Director of Public Works to approve up to fifteen percent (15%) in
construction change orders; and
5. Appropriate $2,175,000 from the Traffic Impact Fund balance to the project account.
6. Authorize the Director of Public Works to enter into the Agreement for the Replacement of
Overhead with Underground Electrical Facilities with Southern California Edison
Company.
Alternative Action(s): Reject all bids, and provide staff with an alternative direction.
REQUEST FOR CITY COUNCIL ACTION
MEETING DATE: 11/19/2007 DEPARTMENT ID NUMBER: PW07-069
Analysis: The Newland Street Improvement project will widen the east side of Newland
Street, from Pacific Coast Highway up to and including the Huntington Beach Channel. The
Newland Street right-of-way is 80 feet wide from the intersection of Pacific Coast Highway to
approximately 700 feet north of the intersection, where the right-of-way narrows. Currently
there is only a single lane of travel in each direction with no sidewalk or bike lane for most of
the distance within the project area. In addition, a significant grade differential exists where
Newland Street crosses the Huntington channel which creates a stopping sight distance
deficiency at the intersection with Edison Avenue.
The proposed improvements will include bike lanes, a sidewalk and center striped median.
The widening will also address the stopping sight distance deficiency, by raising the road
grade at the Huntington Beach Channel and providing a left turn lane at the intersection of
Newland Street and Edison Avenue. A 39-inch storm drain and associated catch basins will
replace an unimproved drainage ditch along the east side of the roadway, and the existing
Southern California Edison (SCE) power lines along Newland will be relocated underground.
Bids were opened publicly on October 30, 2007, and are listed in ascending order:
Bidding Contractor Primary Bid SCE Total
Undergrounding
Bid
Hillcrest Contracting $3,721,722.50 $316,509.00 $4,035,579.38
Elite Bobcat Services, Inc. $3,729,144.00 $393,646.00 $4,122,790.00
Alliance Streetworks $3,646,832.50 $545,900.00 $4,192,732.50
Shawnan $4,292,690.00 $318,720.00 $4,611,410.00
GMC Engineering $4,048,657.00 $618,422.00 $4,667,079.00
Steve Bubalo Construction $5,224,900.00 $617,520.00 $5,842,420.00
Bid amounts were verified, and the corrected bid amounts for all the bidders are shown
below.
Bidding Contractor Corrected Corrected SCE Corrected
Primary Bid Undergrounding Total
Bid
Elite Bobcat Services, Inc. $3,088,744.00 $393,646.00 $3,482,390.00
Hillcrest Contracting $3,709,222.50 $322,957.00 $4,032,179.50
Alliance Streetworks $3,646,832.50 $545,900.00 $4,192,732.50
Shawnan $4,292,690.00 $318,720.00 $4,611,410.00
GMC Engineering $4,048,657.00 $618,442.00 $4,667,079.00
Steve Bubalo Construction $5,225,275.00 $617,520.00 $5,842.795.00
Upon opening bids, the apparent low bidder was Hillcrest Contracting. However, in verifying
the bid amounts, substantial mathematical errors were found within Elite Bobcat Service's
unit costs for the bid items, making Elite Bobcat Services the lowest bidder. Staff brought
these errors to the attention of Elite Bobcat Services, who asked that their bid be withdrawn
from consideration. Therefore, it is recommended that the contract be awarded to Hillcrest
Contracting, the second lowest responsive and responsible bidder. Hillcrest Contracting has
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REQUEST FOR CITY COUNCIL ACTION
MEETING DATE: 11/19/2007 DEPARTMENT ID NUMBER: PW07-069
performed similar jobs successfully for the City in the past and staff recommends award of
the construction contract.
A fifteen percent construction contingency is requested due to the complexity of the project.
In addition to construction contract costs, the project will require supplemental services such
as structural inspection, soils and materials testing by outside firms. A contracted inspector
will be assigned to the project. Payment to SCE per the Rule 20B Agreement is $372,560.
With contingency, supplemental expenses, and wetlands mitigation costs, the full project
budget is estimated to be $5,500,000.
Strategic Plan Goal:
1-1 Improve the City's plan for funding and completing infrastructure needs, and develop
strategies for resolving crucial infrastructure problems to preserve the physical foundation of
the community and enable the community's value to grow.
Public Works Commission Action: The Public Works Commission reviewed and approved
this project on March 15, 2006, by a vote of 6—0 (Commissioner Spencer Absent).
Environmental Status: Pursuant to the California Environmental Quality Act (CEQA), the
project requires a Negative Declaration. COASTAL DEVELOPMENT PERMIT 05-07 and
MITIGATED NEGATIVE DECLARATION NO. 05-05 were acted upon by the Zoning
Administrator of the City of Huntington Beach on February 21, 2007, and by the Huntington
Beach Planning Commission on April 24, 2007 and conditionally approved.
Attachment(s):
. - . - Posen
1. Rule 20B Agreement with Southern California Edison for Replacement
of Overhead with Underground Electrical Facilities with cover letter (2
copies)
2. Letter from Elite Bobcat Services dated October 31, 2007 requesting
iAD or ,2_ their bid for the Newland Widening Project be withdrawn
F'rt4ff_
a- 3. Fiscal Impact Statement (Traffic Impact Fund
-3- 11/13/2007 9:08 AM
ATTACHMENT # 1
Rule 20 B
Applicant to Install
Duct and Substructure
AGREEMENT FOR REPLACEMENT OF OVERHEAD
WITH UNDERGROUND ELECTRICAL FACILITIES
THIS AGREEMENT, made this —F V" day of 20 between SOUTHERN
CALIFORNIA EDISON COMPANY, a corporation, hereinafter called "SCE" and CITY OF
HUNTINGTON BEACH, hereinafter referred to as "CITY".
WITNESSETH:
WHEREAS, CITY has requested SCE to,replace SCE's existing overhead 12 kV distribution and
telecommunication lines and appurtenant facilities (hereinafter referred to as Electrical Facilities) with
underground facilities to accommodate the development of Newland Ave. Street Widening, said facilities to
be placed underground along Newland Ave. in the City of Huntington Beach, County of Orange State of
California, and as shown on the map marked "Exhibit A" attached hereto and made a part hereof;
hereinafter referred to as Project Area; and
WHEREAS it is necessary for CITY to agree in writing to perform the necessary trenching and
substructure work, agreed upon previously in accordance with SCE's rules to enable SCE to discontinue
SCE's overhead service upon completion of SCE's underground facilities; and
WHEREAS, CITY has agreed to pay SCE $372,560.38 to relocate, underground, all distribution and
telecommunication facilities within the Project Area; said costs having been determined by SCE's standard
accounting practices and in accordance with CPUC Rule 20B;
NOW,THEREFORE,it is mutually agreed by and between SCE and CITY as follows,viz.:
1. RELOCATION OF ELECTRICAL FACILITIES.
SCE shall relocate and underground said Electrical Facilities within the Project Area in accordance
with the schedule herein.
2. WORK TO BE PERFORMED BY SCE.
a) SCE shall procure and install all materials except ducts and substructures which are to be
procured and installed by CITY and provide all engineering work related to the relocation
of said Electrical Facilities.
b) SCE shall inspect and approve all ducts and substructures procured and installed by CITY
prior to deeding these ducts and substructures to SCE. Upon acceptance of facilities from
CITY, SCE will be responsible for all further modifications and/or maintenance.
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c) SCE shall remove its overhead Electrical Facilities after the underground facilities
replacing said overhead facilities have been installed, energized, and placed into permanent
service.
d) SCE shall obtain,if required, California Public Utility Commission Permits.
e) SCE shall secure necessary State Highway Crossing Agreements.
3. WORK TO BE PERFORMED BY CITY
a) CITY, at no cost to SCE, shall provide SCE with any required street improvement or site
plans reflecting the location of all existing and proposed underground structures and/or
facilities.
b) CITY, at no cost to SCE, but with SCE'S cooperation, shall comply with the requirements
of the California Environmental Quality Act (CEQA) and shall prepare any and all
Environmental Impact Reports which may be required by any Agency having jurisdiction
by Law.
c) CITY, at no cost to SCE, shall procure and install all ducts,ground wire, and substructures
in accordance with the plans and specifications submitted by SCE to CITY subject to
inspection and approval by SCE.
d) CITY to provide SCE with "As-Built" drawings.
e) Duct system is to remain water free for one year.
f) CITY shall pay for cabling of 12 kV distribution and telecommunications ducts by SCE,
less the overhead equivalent. There is no credit for salvage.
g) CITY shall notify SCE 48 hours prior to construction of or installation of the ducts and
substructures in order that SCE can schedule the required inspection of these ducts and
substructures.
h) CITY, at no cost to SCE and subject to SCE's approval and acceptance, hereby grants to
SCE ownership of all installed ducts and substructures. SCE may approve and accept
ownership of all installed ducts and substructures without further action on the part of
CITY at the time SCE inspects said facilities for the purpose of cable installation. CITY
warrants and represents that the ownership of the installed ducts and substructures, and
each and every component thereof as approved by SCE will pass to SCE free and clear of
all liens and encumbrances.
i) CITY shall provide SCE with a construction time schedule for the project.
j) Prior to SCE energizing ("cut-over") the underground cables and use of the facilities
installed under this Agreement, CITY shall furnish to SCE a schedule of all costs incurred
in the construction of the installed ducts and substructures, which schedule shall include
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the value of each respective FERC account. SCE will provide CITY with accounting detail
prior to substructure job walk.
4. COST OF DESIGN, ENGINEERING AND ESTIMATES.
SCE hereby acknowledges receipt of a $5,000.00 engineering advance, which shall be credited to
those costs SCE has incurred and will incur in the future for the work of design, engineering, cost estimates
and material for the relocation of Electrical Facilities and the cost of construction, which includes the
amount set forth in Item 5a on Page No. 3 of this Agreement.
5. TERMS AND METHOD OF PAYMENT.
CITY shall pay to SCE the estimated sum of $367,560.38 upon the execution of this Agreement,
which sum shall be credited to those costs and expenses SCE has incurred and will incur in the future for
the design, engineering and construction required to relocate and underground its Electrical Facilities. Upon
completion of all relocation work by SCE, CITY shall be presented with final accounting as determined by
SCE's standard accounting practices and in accordance with CPUC Rule 20B procedures. Should the sum
of SCE's costs and expenses exceed the estimated sum paid by CITY as provided by herein, CITY shall pay
to SCE the difference between said sums. Should the estimated sum paid by CITY to SCE, as provided
herein, exceed the sum of SCE's costs and expenses, SCE shall refund to CITY the difference between said
SUMS.
6. ADDITIONAL WORK.
If SCE is required to relocate any facilities other than the work to be performed as set forth in
Section 2, such additional work shall be performed on a completed cost basis at the CITY's sole expense.
7. SCHEDULE OF WORK.
SCE proposes to have the relocated Electrical Facilities in operation by CITY contingent upon
mutually acceptable schedules, the timely obtaining of permits, licenses and other documents, outages or
other key items and not being delayed by those uncontrollable forces described in Item 12 herein.
Completion date is subject to SCE obtaining receipt of a signed Agreement from CITY by November 1,
2007.
8. FACILITIES TO REMAIN PROPERTY OF SCE.
All Electrical Facilities and appurtenances thereto installed by SCE under this Agreement shall at all
times be and remain the property of SCE.
9. INDEMNIFICATION CLAUSE.
CITY agrees, for itself, and for its and their agents, contractors, and employees, to save harmless and
indemnify SCE, its officers, agents and employees, and its successors and assigns, from and against all
claims, loss, damage, actions, causes of actions, expense and/or liability arising from or growing out of loss
or damage to property, including SCE's own personal property, or injury to or death of persons, including
employees of SCE resulting in any manner whatsoever, directly or indirectly, by reason of this agreement for
replacement of overhead with underground Electrical Facilities or the use of or occupancy of said Project
Area by CITY,its agents, and employees,invitees, successors and assigns.
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10. DELAY DUE TO UNCONTROLLABLE FORCES.
SCE shall not be responsible for any delay in their performance hereunder, including, but not
limited to, SCE's relocation of Electrical Facilities and related work under this Agreement resulting from
shortage of labor or materials, delivery delays, major equipment breakdown, load management, strikes, labor
disturbances, war, riot, insurrection, civil disturbance, weather conditions, epidemic, quarantine restriction,
sabotage, act of public enemy, earthquake, governmental rule, regulation or order, including orders or
judgments of any court or commission, requirement of additional or separate Environmental Impact
Reports requested by the California Public Utilities Commission (CPUC), delay in receiving a Certificate of
Public Convenience and Necessity from the CPUC, delay in obtaining necessary rights of way, act of God
or any cause or conditions beyond the control of SCE or CITY.
11. PERMITS, CODES AND STATUTES.
SCE's relocation of Electrical Facilities shall comply with the various applicable statutes, codes,
regulations and ordinances and specifically in accordance with CPUC Rule 20B.
12. JURISDICTION OF PUBLIC UTILITIES COMMISSION.
This Agreement shall at all times be subject to such changes or modifications as the California
Public Utilities Commission may, from time to time, direct in the exercise of its jurisdiction pursuant to the
authority conferred upon it by Law.
13. CHANGES.
Any changes to this Agreement shall be made by supplement thereto and shall be executed on behalf
of SCE by the Manager of Corporate Real Estate, or his designee, and on behalf of CITY by the City
Council/Manager or appropriate City designee(s).
14. NOTICES.
Any notices provided in this Agreement to be given by either party hereto to the other shall be
deemed to have been duly given when made in writing and deposited in the United States mail, registered or
certified and postage prepaid, addressed as follows:
To: Southern California Edison
Real Estate Operations
14799 Chestnut St.
Westminster, Ca 92683
Attention:Jennifer Ward
To: City of Huntington Beach
2000 Main St
Huntington Beach, Ca 92648
Attention: Doug Erdman
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15. TERMINATION.
CITY shall have the right to terminate this Agreement on sixty (60) days prior written notice to SCE
for whatever reason.
Except as otherwise provided, in the event of termination of this Agreement by CITY, SCE shall be
entitled to payment for all costs and expenses for material, services, labor, overhead, etc., incurred by SCE
to and including the date the notice of termination is received by SCE and all costs and expenses required to
effect the termination of this Agreement, including, but not limited to, all costs and expenses pertaining to
the restoration or removal of SCE's Electrical Facilities, equipment and/or materials as well a cancellation of
contracts, purchase orders, etc., between SCE and all parties furnishing labor, materials and services made
prior to the termination of this Agreement.
At the option of SCE, all materials paid for by CITY and procured by SCE to effect said relocation
may, upon termination of this Agreement, either be used by SCE for other projects or be sold by SCE as
salvage. The net proceeds from the transfer of the materials to other SCE projects or sale of the materials
as salvage shall be deducted from the costs and expenses to be paid by CITY after deducting SCE's
applicable administrative costs, material, transportation and conversion costs, taxes and other outlays or
charges, associated with such a transfer or sale. Should the sum of SCE's costs and expenses exceed the
sum of the amounts paid by CITY as provided herein, CITY shall pay to SCE the difference between said
sums upon submission of a final invoice. Should the sum of the amounts paid by CITY to SCE as provided
herein exceed the sum of SCE's costs and expense, SCE shall refund to CITY the difference between said
sums upon submission of a final invoice.
If CITY is in default of any of the terms, provisions, conditions, limitations and covenants of this
Agreement, SCE may give CITY written notice of default. If within thirty (30) days of receipt of such
notice CITY does not cure such default, SCE has the right, if it so desires, to terminate this Agreement
upon thirty (30) days prior written notice to CITY. Except as otherwise provided, should such right of
termination by SCE be exercised, SCE shall be entitled to payment for all costs and expenses for materials,
services, labor, overhead, etc., incurred by SCE to and including the date of termination and all costs and
expenses required to effect the termination of this Agreement, including but not limited to all costs and
expenses pertaining to the restoration or removal of SCE's Electrical Facilities, equipment and/or materials
as well as cancellation of contracts, purchase orders, etc., between SCE and all parties furnishing materials
and services, made prior to the termination of this Agreement.
16. PREVIOUS COMMUNICATIONS.
CITY Agreement contains the entire agreement and understanding between SCE and CITY as to
the subject matter of this Agreement and merges and supersedes all prior agreements, commitments,
representations, and discussions between SCE and CITY. Any agreement between persons employed by
SCE and CITY which is not incorporated into this Agreement by an amendment shall not be a contractual
provision of this Agreement.
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17. GOVERNING LAW.
This Agreement shall be subject to and constructed according to the law of the State of California.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day
and year first above written.
SOUTHERN CALIFORNIA E ISON COMPANY
By V V
Jennifer Ward
Land Services Agent
Real Estate Operation
Corporate Real.Estate
CITY OF HUNTINGTON BEACH
By:
Travis K. Hopkin
Acting Director of Public Works - Engineering
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CRE File No. REL07191815
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EXHIBIT A
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ATTACHMENT #2
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ATTACHMENT #3
City ®f Huntington Beach
2000 Main Street ® Huntington Beach, CA 92648
OFFICE OF THE CITY CLERIC
JOAN L. FLYNN
CITY CLERK
November 30, 2007
Southern California Edison
Real Estate Operations
14799 Chestnut St.
Westminster, CA 92683
Attn: Jennifer Ward
Dear Ms. Ward:
Enclosed for your records is an executed original of the Agreement between the City of
Huntington Beach and Southern California Edison Company for Replacement of
Overhead with Underground Electrical Facilites.
Sincerely,
Joan L. Flynn
City Clerk
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Enclosure: Agreement
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