HomeMy WebLinkAboutSan Diego Gas & Electric Company; 1995-10-10;-
I
~~ts October 25
To File 0 Reply Wanted
From Isabelle Paulsen EN0 Reply Necessary
A letter was sent to SDG&E, Attention Ms. Higgens. The instruct: on the resolution were followed regarding furnishing a copy of tl: agreement to SDG&E.
However, I failed to make a copy of the signed letter for this f:
rl e 0
AGREEMENT FOR PIPELINE RELOCATION
THIS AGREEMENT is made and entered into this 10th day of OCTOBER,
1995, by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter
referred to as “CITY,” and SAN DIEGO GAS & ELECTRIC COMPANY, a
California corporation, hereinafter referred to as “SDG&E,” regarding the following
facts:
WHEREAS, City is directing as a public works project certain road improvements
to Olivenhain Road east of El Camino Real (the “Improvements”), and said Olivenhain
Road lies within the boundaries of both the Cities of Carlsbad and Encinitas; and
WHEREAS, SDG&E has existing facilities, being a 30-inch high pressure gas
pipeline, currently located within an easement owned by SDG&E granted to and acquired
by SDG&E, prior to the grant to SDG&E by City of a utility franchise for operation of its
facilities within the public right of way, and wherein and whereon said easement the
Improvements are to be constructed. This ownership in relation to the other SDG&E
facilities located within the franchise granted from City are referred to as “Prior Rights”;
and
WHEREAS, an element of the Improvements is the relocation of the
aforedescribed gas pipeline within SDG&E’s easement (the “Relocation”); and
WHEREAS, City has requested that SDG&E conduct this Relocation incident to
the Improvements; and
WHEREAS, because said Relocation is to be accomplished within an area of
Prior Rights and not within an area subject of the franchise, City will be responsible for all
costs associated therewith; and
WHEREAS, City will agree to pay for the Relocation; and
WHEREAS, SDG&E will agree to effect the Relocation pursuant to the City’s
request; and
WHEREAS, the estimated cost ofthe Relocation portion of the public works
Improvements is more than $35,000, and therefore the approval of the City Council is
required,
NOW, THEREFORE, in consideration of the foregoing recitals, for other
valuable consideration, receipt of which is hereby acknowledged, CITY and SDG&E
agree as follows:
00 19532.0 1
* 0 0
1. Pipeline Relocation
a. Specifications. SDG&E shall relocate those portions of the 30-inch
high pressure gas pipeline currently located within an SDG&E-owned easement adjacent
to Olivenhain Road, pursuant to the plans and specifications as set forth in SDG&E Work
Order No. 1486300.
b. Timing of Work. CITY, by and through its Engineering
Department, is coordinating the Improvements. SDG&E estimates that the Relocation
will require approximately thirty (30) calendar days to complete, and SDG&E will utilize
its best efforts to so complete the Relocation; provided, however, CITY and SDG&E
acknowledge and agree that certain events and occilrrences can disrupt the conternplated
schedule, including but not limited to, the requirement or need not to otherwise curtail the
gas supply throughout the SDG&E service territory, weather, work stoppages or the
discovery of unforeseen conditions in the field which cause revisions or modifications to
the plans for the Re!ocation and/or Improvements. SI)G&E will commence the
Relocation within a reasonable time after notification from the CITY that CITY is ready to
have the Relocation portion of the Improvements begun.
c. Payment. SDG&E has estimated the cost ofthe Relocation to be
$530,163, which estimate includes contracior’s charges, equipment and materials,
SDG&E personnel and employee iabor and engineering charges including labor additives.
CITY has previously pd, and SDG&E acknowledges receipt OF, the sum of $30,000 as a
deposit on said Relocation charges.
Prior tc commencement ofrhe Relocation, CITY shall pay to
SDG&E the balance of the Relocation estimated c!iarges, being $503,163.
Upon cornpietio:? ofthe Relocation, SDG&E shall, consistent with
past practices between City and SDGtitE for the payment of utility relocation charges,
provide CITY with an accounting of the costs incurred by SDG&E for labor, material and
equipment to complete the Relocation. If the costs for thz Relocation are less than the
estimated charges, SDC&E shall remit to the CITY, together with the accounting,
SDG&E’s check payable to ClTY for the diEerence. If the costs for Relocation are more
than the estimated charges, the accounting so provided shall be deemed an additional
invoice from SDG&E to CITY, and CITY shall remit to SDG&E the balance due within
thirty (30) days of CITY’S receipt of the accountindinvoice. SDG&E represents to CITY
that as a matter of practice, SDG&E maintains records which adequately and accurately
show the actual costs which are contemplated to be incurred for this Relocation for a
period of three (3) years following completion af the Relocation.
2. Responsibility for Rebcatio Pz.
The Relocation shall be aceomplisked by SI)G&E: at its sole direction and in
compliance with such rules arid orders governirlg design, construction and maintenance of
2
. e 0
utility gas systems as promulgated by the Public Utilities Commission of the State of
California. SDG&E will and does agree to indemnify, defend, save and hold harmless
CITY, its officers, employees and agents, from and against any and all loss, cost, damage,
expense, claim, suit, demand or liability to person or property, including attorneys’ fees,
arising from or relating to any negligence by SDG&E, its officers, employees or agents in
the performance of the Relocation.
3.
Nothing in this agreement shall be construed in any way to alter, modifl, or
terminate any prior rights of SDG&E within the area of the Relocation, the Improvements,
or the area of Prior Rights from which the existing portions of the gas pipeline is to be
removed.
Affirmation of SDG&E Prior Riahts
4. Cancellation of Anreement
In the event CITY shall cancel or modify the Improvements of which the
Relocation subject of this Agreement is a part, and the result of such cancellation or
modification is the elimination of the Relocation from the Improvements altogether, CITY
may thereupon terminate this Agreement upon written notice thereof from CITY to
SDG&E. In the event this Agreement is so terminated, CITY shall nonetheless be
responsible and liable to SDG&E for all costs incurred by SDG&E for the Relocation up
to and including the date of termination, including any cancellation or penalty charges
which SDG&E may incur from any of its contractors or subcontractors. Upon receipt of
notice of termination, CITY and SDG&E shall implement the accounting and payment
adjustment procedures described in paragraph 1 (c) hereof
5. Commencement of Agreemer, t
This Agreement shall be effective upon signature hereon by the Mayor of the City
of Carlsbad, pursuant to a resolution of adoption by the City Council of the City of
Carlsbad.
6. Entire Agreement
This Agreement constitutes the entire agreement between CITY and SDG&E
relating to the subject matter hereof. Any agreenients or representations not specifically
set forth herein are void and of no force or efTect; any modifications or amendments to this
Agreement shall hrthermore be of no force 0: eEect unless set forth in a writing signed by
both parties.
7. Notices
Any notice, invoice or other communication that either party may or is required to
give the other shall be in writing, shall be personally deiivered, transmitted by facsimile, or
3
% 0 0
by US. mail, regular delivery. Notices are deemed received on the same day if by person:
delivery or by facsimile, and upon the third day after mailing if delivered by mail. Notices
shall be directed to:
San Diego Gas & Electric Co. City of Carlsbad
2075 Las Palmas Drive
Carlsbad, CA 92009-1 576
Attn: Mr. Pat Entezari
8. Attornevs' Fees
In the event any controversy, claim, or litigation between the parties occurs
concerning or arising from this Agreement, the prevailing party shall be entitled to recover
actual attorneys' fees and costs incurred, whether or not such controversy or claim results
in litigation. For purposes of this paragraph, the "prevailing party"shal1 include, without
limitation, the party who dismisses an action in exchange for sums allegedly due or for a
compromised or negotiated sum, a party who receives performance from the other party
for an alleged breach of contract or a party who receives a desired remedy where the
performance is substantially equal to the relief sought in a demand, claim or legal action, c
the party determined to be the prevailing party by a court of law.
IN WITNESS WHEREOF, CITY AND SDG&E h
SAN DIEGO GAS & ELECTRIC CO.
BY: &a A, Fwm, %
(sign here)
ATTEST :
TOllhAS LAo FEEGUSOAJ, SR
Thomas A. Ferguson, Sr.
Manager - Project Management 3 ALETHA L. RAUTENKRANZ
City Clerk
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
ArL-A-y
4
CALIFORNIA ALL-PURPO @ ACKNOWLEDGMENT f
4
State of California
Countyof San Diego
On September 13, 1995 before me, Joanne J. Spicer, Notary Public
personally appeared Thomas A. Ferguson, Sr .
personally known to me - OR - proved to me on the basis of satisfactory evidenc
to be the personw whose name0 is/w
subscribed to the within instrument and a(
knowledged to me that he/- execute
the same in his/- - r authorize
capacityw, and that by his-
signature@on the instrument the person@
or the entity upon behalf of which th
persow acted, executed the instrumen
WITNESS my hand and official seal.
DATE NAME, TITLE OF OFFICER -E GI 'JANE DOE, NOTARY PUBLIC
NAME(S) OF SIGNER@)
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevt
fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
Agreement for Pipeline Relocation
TITLE OR TYPE OF DOCUMENT Manager - Project Management
TITLE@)
4
ATTORNEY-IN-FACT NUMBER OF PAGES
17 GUARDIAN/CONSERVATOR
9-13-95
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
SIGNER(S) OTHER THAN NAMED ABOVE
01 993 NATIONAL NOTARY ASSOCIATION 8236 Rernmet Ave , P 0 Box 7184 Canoga Park, CA 91 C -