HomeMy WebLinkAboutSan Diego Gas & Electric Company; 1995-09-07; (3)-- '/
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Date September 7
To File cl Reply Wanted
From Isabelle Paulsen ~JNo Reply Necessary
On this date, Richard Allen, Engineering, was sent the original agreement with
San Diego Gas si Electric to replace overhead with underground facilities.
Richard stated that he would request a fully executed original be returned for
Council Meeting of September 5, 1995.
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Submitted to Applicant By:
PATRICIA GOOD
AGREEMENT FOR REPLACEMENT OF OVERHEAD
WITH UNDERGROUND FACILITIES
THIS AGREEMENT, made and entered into, by and between
SAN DIEGO GAS & ELECTRIC COMPANY, a corporation, hereinafter called
"Utility," and City of Carlsbad, a municipal corporation, hereinafter called "Applicant(s)"
WITNESSETH:
WHEREAS, Applicants are the owners, lessees, or others having a legal interest in
those certain premises known as Carlsbad Assessment District 92-1 .
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 hereinafter provided, Utility, upon obtaining satisfactory easements
for any required rights of way, shall remove its existing overhead electric 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.
All work performed by the Utility and Applicants 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 service to any of such premises.
This Agreement shall become effective only upon compliance with all of the following
conditions:
a.
F- 2.
3.
All Applicants shall execute this Agreement and shall perform all of the conditions here
contained.
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
b.
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area from which Utility's pole 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 agreement or agreements will provide for
such service to be discontinued or converted and maintained through undergroLnd
circuits or other appropriate and lawful means, so that all of said poles can be removec
from the area within a reasonable time after Utility has removed its poles.
Applicants will, at their expense and in conformity with the Contract Documents as
defined in the General Conditions, furnish and install the material, and facilities and
perform the work indicated below by a check mark. The material, facilities and work
listed below which are not indicated with a check mark shall be furnished, installed and
performed by Utility at Applicants' expense.
X Excavation, backfill and compaction
X Conduits
X Concrete substructures
c.
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 t
this Agreement, said grant to be effective upon receipt of Utility's written final
acceptance.
Each Applicants shall, at his expense, promptly provide any necessary changes to the
existing facilities 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 Comrnissior
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 equippec
to receive electric service in accordance with said plan and specifications.
e.
4. Receipt is acknowledged from Applicant(s1 of $35,470, which is an amount equal to the
estimated cost of Utility's conversion work computed in accorda,nce with its Filed Rule on
Replacement of Overhead with Underground Facilities. Said amount includes any engineering
fee or fees that may have been paid to Utility in contemplation of the work provided for in
Section 2.
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, Applicanjs shall cause said additions, rearrangements, and changes to be made at
their expense. '
All wires, cables, conductors, conduits, ducts, connectors 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 notwithstanding 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 Enerqy on file with the California
Public Utilities Commission.
5.
6.
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.
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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 facilities 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.
Utility at its sole election, may undertaken to perform the work to be performed by it
prior to the occurrence of the conditions specified in subsections (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.
If any Applicants shall, within one year of the date of this Agreement, fail 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 installation, and to provide in any other manner for the accomplishment o
the purposes of this Agreement consistent with applicable rules, laws, ordinances and
its contractual obligations hereunder.
c.
d.
8. Once Applicant has started to perform the work required by the Contract Documents,
Applicants agrees to exercise reasonable diligence in pursuing such work to completion withir
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 Documents, Utility shall
have the right, upon giving written notice to Applicants, to cancel and terminate the Contract
Documents. If Utility elects to cancel and terminate the Contract Documents, Utility shall
return to Applicants an amount equal to the above cash advance, minus Utility’s costs.
Utility’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 Applicants’ 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 Applicants,
all of Utility’s obligations under the Contract Documents shall cease.
This Agreement shall at all times be subject to such changes or modifications by the
California Public Utility Commission as said Commission may, from time to time, direct in the
exercise of its juFdiction.
All terms and situations heretofore made and agreed to by the parties in relation to said
electric line replacement are set forth in this Agreement and no representation of any agent of
employees shall be binding upon Utility except as expressed herein. Appendix B attached
hereto is solely for use by Utility and nothing contained therein shall in any way alter or vary
any term, condition or stipulation contained in this Agreement.
If Applicant is a corporation, partnership, joint venture or a group of individuals, the
subscriber hereto represents that he has the authority to bind said corporation, partners, joint
venture or individuals as the case may be. Each Applicant signing this Agreement agrees thai
he shall be jointly and severally liable under the terms of this Agreement with every other
A p p I ic a n t si 0 n i nn tho A 0 reo m en t .
9.
IO.
11.
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12. All of the terms and conditions of this Agreement shall be binding upon and shall insure to t
benefit of the parties hereto, their heirs, administrators, executors, personal representatives,
trustees, successors and assigns.
The Contract Documents shall become effective only upon the date signed by the authorize(
representative of Utility.
13.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executec
for and on behalf of each, by their duly authorized agents, partners, or corporate officers.
SAN DIEGO GAS & ELECTRIC COMPANY,
a corporation
By :
Authorized Signature-Utility
TITLE: Mayor Date:
Date: September 6, 1995
Address:
1200 Carlsbad Village Drive
Carlsbad, CA 92008
Social Security Number or
Tax I. D. Number: 95-6004793
Applicant is a corporation: Yes $1 No [ 1
municipal
F:
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