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HomeMy WebLinkAbout1995-10-10; City Council; 13341; APPROVAL OF AN AGREEMENT WITH SDG&E FOR THE RELOCATION OF THE 30" HIGH PRESSURE GAS MAIN ON OLIVENHAIN ROAD PROJECT NO. 3466PROJECT NO. 346 Adopt Resolution No. r)ts-2?* approving an agreement with SDG&E for the reloc of ?he 30 high pressure gas - main. ITEM EXPLANATION: The Olivenhain Road widening design is 90% complete. This project requires th existing SDG&E 30" high pressure gas main be relocated to clear the proposed improvements. In order to eliminate any delays during the construction and PO. contractor claims, staff has determined that it is in the City's best interest to resol! high pressure gas main conflicts by relocating the high pressure gas main pr commencement of road construction and as a separate contract. Since SDG&E ha rights over the easements, the City will pay for the relocation costs of the high prc gas main. SDG&E has agreed to purchase pipe material and relocate their 3C pressure gas main after the City excavates and prepares the area for the relocation City has previously paid SDG&E $5,000 for the design and $25,000 towards the pui of the pipes and fittings. The attached agreement requires that the City pay SDG additional $503,163 to complete the relocation and prior to start of road widening The contract for grading of SDG&E's easement for the relocation of the high pressu main will be on the council agenda for award on October 17, 1995. FISCAL IMPACT: The engineer's estimate for the Olivenhain widening is $3.5 million which includes th of utilities relocation. This project will be funded equally by the City of Encinitas i proposed Rancho Santa Fe Road/Olivenhain Road Community Facilities District No. 2. In advance of CFD No. 2, the City of Carlsbad has received funds in the : of $1,137,750 from Centex and $1,045,500 from California Pacific Homes. These were deposited into the project account and are available to cover the high press main relocation costs. w is 1. Location map. 2, Resolution No. 9 5 -290 approving an agreement with SDG&E for the reloc the 30" high pressure gas main on Olivenhain Road, Project No. 34.66. SDG&E agreement for the relocation of the 30" high pressure gas main. 2 2 3. z 0 4 6 g z 3 0 0 t I r -l 5 Q 2 I 3 Q 2 b 2 111 (3 111 4 L 4 z / z a- I==-== 4 0 0 _$ - 1 i 1 2 3 4 5 6 7 8 9 10 1 1 12 ' 3 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 e 0 RESOLUTION NO. 95-290 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT WITH SDG&E FOR THE RELOCATION OF THE 30" HIGH PRESSURE GAS MAIN ON OUVENHAIN ROAD. PROJECT NO. 3466. WHEREAS, the City Council of the City of Carlsbad, California, hereby finds it nc desirable, and in the public interest to widen Olivenhain Road; and WHEREAS, an agreement with SDG&E to relocate it's 30' high pressure gas been prepared and submitted hereto; and WHEREAS, SDG&E will relocate the 30' high pressure gas main within time s the agreement at a cost not-to-exceed $530,163. NOW, THEREFORE, BE IT RESOLVED by the Clty Council of the City of California, as follows: 1. That the above recitations are true and correct. 2. That the Finance Director is authorized to issue a check in the amount 01 payable to SDG&E for the relocation of SDG&E's 30" high pressure gas main. /I/ Ill Ill 111 111 /I/ /// /I1 Ill Ill 111 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 3. The City Clerk of the City of Carlsbad is hereby authorized and directed to a copy of the executed agreement to SDG&E, Attention: Lois Higgens, 1623 West Missii Escondido, CA 92029-1 109 and a copy to the Engineering Department. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad CQ held on the 10th day of NTOBER , 1995 by the following vote, to wi AYES: NOES: None ABSENT: None Council Members Lewis, Nygaard, Kulchin, Finnila, Hall ATTEST: (SEAL) ALETHA L RAUTENKRANZ, City Clerk - 0 a AGREEMENT FOR PPELINE 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 fianchise 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 SDCgLE 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 of the Relocation portion of the public works Improvements is more than $25,000, and therefore the zpproval 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: 0019532.01 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. Timiny 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 occurrences can disrupt the contemplated 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 Refocation and/or Improvements. SDG&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 Xmprovements begun. C. Payment. SDG&E has estimated the cost ofthe Relocation to be $530,163, which estimate includes contractor‘s charges, equipment and materials, SDG&E personnel and einployee i&or and engineerizg charges including labor additives. CITY has previously paid, and SDG&E acknowledges receipt of, the sum of $30,000 as a deposit on said Relocation charges. Prior to commencement ofrhe Relocation, CITY shall pay to SDG&E the balance of the Relocation estimated charges, being $503,263. Upon compietio:: of the Relocation, SDG&E shall, consistent with past practices between City and SDGkE far the payment ofutility relocation charges, provide CITY with an accounting of the costs incurred by SDGSLE for labor, material arid equipment to conplete the Relocation. If the costs for the Relocation are less than the estimated charges, SDG&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 shali 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 account-ridinvoice. 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 comp!etior, of the Relocation. 2. Responsibility for Reloocntiom The Relocation shall be accomplished by SDGkE at its sole direction and in compliance with such niles arid orders governirig design, construction and maintenance of 2 0 0 ,utility gas systems as promulgated by the Public Utilities Commission of the State of California. SDG&E will and does agree to indemnifl, 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, modi@, 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. Affirmafion of SDG& E Prior Riphts 4. Cancellation of Agreement 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 shal.1 implement the accounting and payment adjustment procedures described in paragraph I (c) hereof. 5. Commencement of A,yreetneKt 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 agreements 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 or effect 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 delivered, transmitted by facsimile, or 3 0 0 by U.S. mail, regular delivery. Notices are deemed received on the same day if by persona 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. A ftornevs' 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 recovei actual attorneys' fees and costs incurred, whether or not such controversy or claim resull in litigation. For purposes of this paragraph, the 'prevailing party" shall 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, the party determined to be the prevailing party by a court of law. IN WITNESS WHEREOF, CITY AND SDG&E have SAN DlEGO GAS & ELECTRIC CO. CIT BY: &, A, % BY: (sign here) ATTEST: Tovu\.AS A@ GausorJ: SI2 Thomas A. Ferguson, Sr. Manager - Project Management i ALETHA L. RAUTENKRANZ City Clerk APPROVED AS TO FORM: RONALD R. BALL City Attorney \/*L A//i( Y &I2 p\do/?Ll-)/, Ucpd-y c.ty flifU+'htL 4 d3! ACKNOWLEDGMENT 0 CALIFORNIA ALL-PURP State of Califbrnia On September 13, 1995 before me, Joanne J. Spicer, Notary Public personally appeared personally known to me - OR - c] proved to me on the basis of satisfactory evider to be the personw whose name0 is/? subscribed to the within instrument and knowledged to me that he/- execu the same in his/- r authoriz capacity+k@-, and that by hished-t-b signaturefs).on the instrument the person or the entity upon behalf of which person&)- acted, executed the instrumt WITNESS my hand and official seal. DATE NAME, TITLE OF OFFICER - E G , "JANE DOE, NOTARY PUBLIC" Thomas A. Ferpuson, Sr . NAME(S) OF SIGNER(S) Though the data below is not required by law, it may prove valuable to persons relying on the document and could I fraudulent reattachment of this form. DESCRIPTION OF ATTACHED DOCUM CAPACITY CLAIMED BY SIGNER CORPORATE OFFICER Agreement for Pipeline Relocat Manager - Project Management TiTLE(S) TITLE OR TYPE OF DOCUMENT 4 NUMBER OF PAGES 9- 13-95 DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) SIGNER@) OTHER THAN NAMED AB( 01993 NATIONAL NOTARY ASSOCIATION 8236 Remmet Ave , P 0 Box 7184 Canoga F? I October 16, 1995 Attention: Lois Higgens SDG&E 1623 West Mission Road Escondido, CA 92029-1109 Re: Relocation of Gas Main at Olivenhain Road The Carlsbad City Council, at its meeting of October 10, 1995 adopted Resolution No. 95-290, approving an agreement with SDG& for the relocation of the 30" high pressure gas main on Olivenhai Road. Enclosed please find a copy of Resolution No. 95-290 and a copy ( the agreement for your files. &&- N R KUN Z, CMC Ass ant C y Clerk KRK: ijp Enclosures 1200 Carlsbad Village Drive - Carlsbad, California 92008-1 989 0. (61 9) 434-2E