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HomeMy WebLinkAbout1997-10-21; City Council; 14393; APPROVAL OF AN AGREEMENT WITH SDG&E FOR THE RELOCATION OF TRANSMISSION LINES WITHIN THE CANNON ROAD WEST RIGHT-OF-WAY PROJECT NO. 3184. I (cb 6 -1 f! p, :, J 1% CI OF CARLSBAD -AGENDA ILL (AB## ,4, 3 7 7 ITITLE: APPROVAL OF AN AGREEMENT WITH ID?G%D. l I SDG&E FOR THE RELOCATION OF TRANSMISSION LINES PROJECT NO. 3184 MTG. 10/21/97 CITY MGR. 2 DEPT. ENG CITY ATTa WITHIN THE CANNON ROAD WEST RIGHT-OF-WAY / J RECOMMENDED ACTION: Adopt Resolution No. 9 3- 6Y3 approving an agreement with San Diego Gas and E (SDG&E) for the relocation of transmission lines. ITEM EXPLANATION: Cannon Road West plans are nearing the 90% completion stage. The project requires the reloca an SDG&E transmission line facility to vertically clear the proposed road improvements. To facilit: grading of the road and the construction of the facility, staff has determined it is in the best ink the City to coordinate the construction of the new transmission facility with the grading of the C Road West Reach 1 right of way. Since SDG&E has prior rights over the easements, the City mt for the relocation costs of the transmission line. The City has previously paid SDG&E $10,000 design of the relocation of the transmission facilities. SDG&E has agreed to purchase the steel replace the existing three pole structure and rearrange and reconfigure the adjacent transn facilities. ENVIRONMENTAL IMPACT: EIR 87-2 was certified by the City Council June 27, 1989. A 4(d) permit or Interim Coastal Sage Take Permit was issued August 15, 1997. The portion of the project involving the SDG&E reloc was approved by the Coastal Commission on October 8, 1997. The project is currently design complies with the conditions in the staff report. No work will begin until the Coastal Permit is issue FISCAL IMPACT: ea a E 9- 9 The estimated cost for the relocation of the three pole structure, including the new steel pa relocation of the transmission anchors is $152,765. Sufficient funds are available in the account. EXHIBITS: 1. Location Map. 2 2. Resolution No. 9 q - 6 CI 3 approving an agreement with San Diego Gas and Electric Cc for the relocation of facilities within the Cannon Road West right-of-way. 3. Agreement for Transmission Line Relocation Cannon Road West Reach 1, City Project No. z 0 F z 4 Z I 0 3 0 0 t * 0 e ’ II RESOLUTION NO. 97-643 2 3 4 5 6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT WITH SAN DIEGO GAS AND ELECTRIC COMPANY FOR THE RELOCATION OF TRANSMISSION LINES WITHIN THE CANNON ROAD WEST RIGHT-OF-WAY, PROJECT NO. 3184. WHEREAS, the City Council of the City of Carlsbad, California has reviewed the neec the relocation of the San Diego Gas and Electric transmission lines and determined it to be in 7 best interest of the Cannon Road project to relocate the transmission lines with the Cannon R 8 9 10 11 12 grading; and WHEREAS, a mutually satisfactory fee for the relocation has been negotiated with Diego Gas and Electric Company; and WHEREAS, the City Council recognizes the need to have the transmission relocated; and 13 WHEREAS, the project is in full compliance with the California Environmental QI l4 Act; and 15 WHEREAS, it is in the best interest of the City to approve the agreement; and 16 WHEREAS, the agreement with San Diego Gas and Electric has been prepared 17 submitted hereto. 18 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carl 19 California, as follows: 20 1. That the above recitations are true and correct. [ [ 2. That Agreement, a copy of which is attached as Exhibit 3, and made a part h 21 I I is hereby approved. 22 I I 3. That sufficient funds are available. 23 I) 4, That the Mayor is hereby authorized and directed to execute said agree 24 attached as Exhibit 3. 25 111 26 Ill 27 Ill 28 lJ1 /I1 0 0 1 5. That the City Clerk of the City of Carlsbad, California, is hereby authoriz 2 3 4 5 6 7 8 9 10 11 directed to forward one copy of the executed agreement to San Diego Gas and Company, attention: Dave Reed, 1623 West Mission Road, Escondido, California 920; and one copy of the executed agreement to the Engineering Department. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City held on the 21st day of October , 1997 by the following vote, to wit: AYES: Council Members Lewis, Finnila, Nygaard, Kulchin, and Hall NOES: None ABSENT: None ATTEST: 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 .!? \ A,E*MUiNK.&Z*:a (SEAL) D *. J 0 0 q -. .I . L. AGREEMENT FOR TRANSMISSION LINE RELOCATION CANNON ROAD WEST REACH 1 PROJECT NO. 3184 THIS AGREEMENT is made and entered into this / 0 6 day of 0Cr06 % 1997, by and between the City of Carlsbad, a municipal corporation, hereinafter referred to as =City" and San Diego Gas and Electric Company, hereinafter referred to as "SDG&E", regarding the following facts: WHEREAS, City is directing as a public works project, certain road improvements for Cannon Road West from its easterly terminus at LEG0 Drive to Macario Canyon at Station 66+00; and WHEREAS, SDG&E has existing transmission facilities, being two three-pole structures, within the Cannon Road right-of-way; and WHEREAS, an element of the Improvements is the Relocation of one three-pole structure and temporary anchor Relocation of the second; and WHEREAS, City has requested 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 of the Relocation portion of the public works Improvement is more than $25,000 and, therefore, the approval of the City Council is required. 1 L NOW, THEREFORE, in Consideration of the foregoing recitals, for other valuable I 1% consideration, receipt of which is hereby acknowledged, CITY and SDG&E agree as follows: 1. Transmission Line Relocation . a. Specifications. SDG&E shall replace an existing three-pole structure at Station 64+00, rearrange and reconfigure adjacent existing lattice tower and two-pole structure with new conductor, hardware and accessories, install new steel pole, and relocate the transmission anchors at Station 49+00 currently located within land owned by SDG&E, pursuant to the plans and specifications as set forth in SDG&E Work Order No. 2551 110. 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) working 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 electric 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 Relocation 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 Improvements begun and will diligently pursue the completion of the work. C. Payment. SDG&E has estimated the cost of the Relocation to be $152,765, which estimate includes contractor's charges, equipment and materials, SDG&E personnel and employee labor and engineering charges including labor additives. CITY has previously paid, and SDG&E acknowledges receipt of $10,000 as a deposit on said Relocation design charges. Prior to the commencement of the Relocation, CITY shall pay to SDG&E the balance of the Relocation estimated charges, being $142,765. 2 1 t ,I 0 0 L Upon completion of the Relocation, SDG&E shall, consistent with past practices between CITY and SDG&E for the payment of utility Relocation charges, provide GIN with i)n accounting of the costs incurred by SDG&E for labor, material and equipment to complete 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 CITY for the difference. If the costs of the 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 the CITY'S receipt of the , accounting/invoice. 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 of the Relocation. 2. ResDonsibilitv for Relocation The Relocation shall be accomplished by SDG&E at its sole direction and in compliance with such rules and orders governing design, construction and maintenance of transmission lines 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 attorney's fees, arising from or relating to any negligence by SDG&E, its officers, employees or agents in the performance of the Relocation. . .I 3. Affirmation of SDG&E Prior Riahts Nothing in this agreement shall be construed in any way to ah. modify, 0 terminate any prior rights of SDG&E within the area of the Relocation, the Improvements, or th( area of Prior Rights from which the existing portions of the transmission line is to be relocated. 3 4 4, Cancellation of Aqreement . In the event the CITY shall cancel or modify the Improvements of which the Relocation subject of the Agreement is a part, and the result of such cancellation or modification in 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 the 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 ?(c) hereof. 5. Commencement of Aareement 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 Aareement This Agreement constitutes the entire agreement between the 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 effect; any modifications or amendments to this Agreement shall furthermore 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 by U. S. Mail, regular delivery. Notices are deemed received on the same day if by personal 4 < I 0 e ?** delivery or by facsimile, and upon the third day after mailing if delivered by mail. Notices shall be directed to: San Diego Gas and Electric Company City of Carisbad 1623 West Mission Road 2075 Las Palmas Drive Escondido, CA 92029-1 109 Carisbad, CA 92009-1 576 Attention: Mr. Dave Reed Attention: Ms. Sherri Howard 8. Attornev's 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 attorney's fees and costs incurred, whether or not such controversy or claim results 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, or the party determined to be the prevailing party by a court of law. IN WITNESS WHEREOF, CITY AND SDG&E havemecuted this Agreefl&t. SAN DIEGO GAS & ELECTRIC COMPANY By: YJL4AQba.b.A (Sign Here) 0 I - -1 WaprsA ,~r26Usau,ss- MfidAGGL (Print Namenitle) ' ATTEST: 1 e/) By: (Sign Here) ALETHA L. RAUTENKRANZ 1 City Clerk (Print Narnenitle) APPROVED AS TO FORM: RONALD R. BALL \ 4NE MOBALDI Deputy City Attorney 5 ' CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No State of California County of Sari Diego On 10/10]97 before me, Joanne J. Tenney, Notary Public I DATE NAME, TITLE OF OFFICER. E.G.. .JANE DOE. NOTARY PUBLIC' Thcma:; A. Ferguson, Sr. ! NAME(S) OF SIGNER(S) Iff] personally known to me - OR - c] proved to me on the basis of satisfactory evidence to be the persono whose namem ism knowledged to me that h- executed the same in hidm&kmiK authorize.] capacitywg), and that by his/W&@.h&u signature(%) on the instrument the person&, or the entity upon behalf of which the person@) acted, executed the instrument. WITNESS my hand and official seal. . subscribed to the within instrument and ac- IGNATURE OF NOTARY OPTIONAL - Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevenl fraudulent reattachment of this form. ' 4 .: CAPACITY CLAIMED BY SIGNER DESCRIPTION OF AllACHED DOCUMENT CORPORATE OFFICER Agrmt for Transmission Line Reloc. TITLE OR TYPE OF DOCUMENT m(S) 5 NUMBER OF PAGES c] GUARDIANCONSERVATOR 10/10/97 DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR EMITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE ~_""_~ ~ ~~~"~~~""~~~~~~""_~~~~~" Q1993 NATIONAL NOTARY ASSOCIATION 8236 Remmet Am.. P.O. Box 7184 Canoga Park, CA 91 3 0 e TION M I ANCHOR RELOCATION RELOCA TlON STA 72t62.05 PROJECT NAME CANNON ROAD WEST REACH I PROJECT EXH L SDCE@ San Diego Gas & Electric LETTER 0 F TRAN SM ITTALICO M M U N I CAT10 N DATE TRANSMITTAL PURPOSE: REFERENCE~PSS NO AR YOUR ACTION FOR YOUR INFORMATION eo PER YOUR REQUEST - -- SUBMIT SPECIFIED ITEM FOR REVIEW &COMMENT A CONFIRMATION FOR YOUR APPROVAL REVISE AND RESUBMIT 0 APPROVED AS SUBMITTED APPROVED AS NOTED 5 MAKE CORRECTIONS AS NOTED E REJECTED ATTENTION I NO.OFCOPlES I DESCRIPTION 0 ENCLOSURE - IF ENCLOSURES ARE NOT AS NOTED, PLEASE NOTIFY US AT COPIES TO: - # 0 SAN DIEGO DISTRICT OFFICE PROJECT MANAGEMENT - METRO 701 33RD STREET 0 PROJECT MANAGEMENT - ORANGE COUNTY 101 ASH STREET 662 CAMINO DE LOS MARES P.0 BOX 1831 SAN DIEGO, CA 92112-4150 SAN DIEGO, CA 92102-3341 PROJECT MANAGEMENT - NORTHERN SAN CLEMENTE, CA 92673-2827 FORM 124-12203 (04/93) 1623 WEST MISSION ROAP A. 0 ELECTRIC SYSTEM DESIGN 8316 CENTURY PARK COURT SAN DIEGO CA 92123-1582 LSCONDIDO, Ck 32029-111- ; AGREEMENT FOR TRANSMISSION LINE RELOCATION CANNON ROAD WEST REACH I PROJECT NO. 3184 THIS AGREEMENT is made and entered into this / 0 aJ?. day of 0CrOS % 1997, by and between the City of Carlsbad, a municipal corporation, hereinafter referred to as "City" and San Diego Gas and Electric Company, hereinafter referred to as "SDG&E", regarding the following facts: WHEREAS, City is directing as a public works project, certain road improvements for Cannon Road West from its easterly terminus at LEG0 Drive to Macario Canyon at Station 66+00; and WHEREAS, SDG&E has existing transmission facilities, being two three-pole structures, within the Cannon Road right-of-way; and WHEREAS, an element of the Improvements is the Relocation of one three-pole structure and temporary anchor Relocation of the second; and WHEREAS, City has requested 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 of the Relocation portion of the public works Improvement is more than $25,000 and, therefore, the approval of the City Council is required. 1 .b 0 e NOW, THEREFORE, in consideration of the foregoing recitals, for other valuat J # consideration, receipt of which is hereby acknowledged, CITY and SDG&E agree as follows: 1. Transmission Line Relocation . a. Specifications. SDG&E shall replace an existing three-pole structure Station 64+00, rearrange and reconfigure adjacent existing lattice tower and two-pole struck with new conductor, hardware and accessories, install new steel pole, and relocate t transmission anchors at Station 49+00 currently located within land owned by SDG&E, pursua to the plans and specifications as set forth in SDG&E Work Order No. 2551 1 IO. b. Timing of Work. CITY, by and through its Engineering Department, coordinating the Improvements. SDG&E estimates that the Relocation will require approximatc thirty (30) working days to complete, and SDG&E will utilize its best efforts to so complete tt Relocation; provided, however, CITY and SDG&E acknowledge and agree that certain ever and occurrences can disrupt the contemplated schedule including, but not limited to, ti requirement or need not to otherwise curtail the electric supply throughout the SDG&E servic territory, weather, work stoppages or the discovery of unforeseen conditions in the field whic cause revisions or modifications to the plans for the Relocation and/or improvements. SDG& will commence the Relocation within a reasonable time after notification from the CITY that CIT is ready to have the Relocation portion of the Improvements begun and will diligently pursue tt completion of the work. C. Payment. SDG&E has estimated the cost of the Relocation to t $152,765, which estimate includes contractor’s charges, equipment and materials, SDG& personnel and employee labor and engineering charges including labor additives. CITY ha previously paid, and SDG&E acknowledges receipt of $10,000 as a deposit on said Relocatio design charges. Prior to the commencement of the Relocation, CITY shall pay to SDG&E th balance of the Relocation estimated charges, being $142,765. 2 4 0 e 1 Upon completion of the Relocation, SDG&E shall, consistent with past practices between CITY and SDG&E for the payment of utility Relocation charges, provide CITY with qn accounting of the costs incurred by SDG&E for labor, material and equipment to complete 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 CITY for the difference. If the costs of the 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 the CITY’S receipt of the accounting/invoice. 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 of the Relocation. 2. ResDonsibilitv for Relocation The Relocation shall be accomplished by SDG&E at its sole direction and in compliance with such rules and orders governing design, construction and maintenance of transmission lines 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 attorney’s fees, arising from or relating to any negligence by SDGBE, its officers, employees or agents in the performance of the Relocation. , .. 3. Affirmation of SDG&E Prior Riqhts Nothing in this agreement shall be construed in any way to alter, modify, 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 transmission line is to be relocated. 3 e e 0 4. Cancellation of Aqreement , In the event the CITY shall cancel or modify the Improvements of which the Relocation subject of the Agreement is a part, and the result of such cancellation or modification in 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 the 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 l(c) hereof. 5. Commencement of Aareement 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. 1 .i 6. Entire Aareement This Agreement constitutes the entire agreement between the 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 effect; any modifications or amendments to this Agreement shall furthermore 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 by U. S. Mail, regular delivery. Notices are deemed received on the same day if by personal 4 b e 0 (. delivery or by facsimile, and upon the third day after mailing if delivered by mail. Notices sha be directed to: Saq Diego Gas and Electric Company City of Carlsbad 1623 West Mission Road 2075 Las Palmas Drive Escondido, CA 92029-1 109 Carlsbad, CA 92009-1 576 Attention: Mr. Dave Reed Attention: Ms. Sherri Howard 8. Attorney’s 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 recove: actual attorney’s fees and costs incurred, whether or not such controversy or claim results ir 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 o negotiated sum, a party who receives performance from the other party for an alleged breach o contract or a party who receives a desired remedy where the performance is substantially equa to the relief sought in a demand, claim or legal action, or the party determined to be thc prevailing party by a court of law. IN WITNESS WHEREOF, CITY AND SDG& SAN DfEGO GAS & ELECTRIC COMPANY By: %ma.b;A (Sign Here) 0 - .I ~~M~+~~~,FEE~ws~I,SR- &R~AG~~L (Print Namenitle) ’ ATTEST: n By: (Sign Here) - ALETHA L. RAUTENKRANZ J City Clerk (Print Namenitle) APPROVED AS TO FORM: RONALD R. BALL \ Deputy City Attorney 5 l m e ‘ CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT c State of California County of Sari Diego before me, Joanne J. Tenney, Notary Public DATE NAME, TITLE OF OFFICER. E.G., “JANE DOE, NOTARY PUBLIC personally appeared Thomas A. Ferguson, Sr. NAME(S) OF SIGNER(S) D personally known to me - OR - 0 proved to me on the basis of satisfactory evidencc to be the personw whose name@$ ish subscribed to the within instrument and ac knowledged to me that he??%- executec the same in hiM2hmx authorize( capacity(@%)), and that by his/WCfXh@i signature@) on the instrument the person@ or the entity upon behalf of which thl person@) acted, executed the instrumenl WITNESS my hand and official seal. 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 DOCUMENl CORPORATE OFFICER Agrmt for Transmission Line Reloc. TITLE OR TYPE OF DOCUMENT TITLE(S) 5 NUMBER OF PAGES 10/10/97 DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE -~ ~ ~~ ~~ ~~ 01993 NATIONAL NOTARY ASSOCIATION 8236 Remmet Ave., P.O. Box 7184 Canoga Park. CA 9