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.
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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.
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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
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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
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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
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,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
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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