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HomeMy WebLinkAbout2002-01-15; City Council; 16514; Public Works Center Project7 iB# lL15l'-! nTG. 01-15-02 IEPT. ENG CITY OF CARLSBAD - AGENDA BILL m: APPROVAL OF AGREEMENT WITH SDG&E FOR THE RELOCATION OF GAS AND ELECTRIC FACILITIES FOR THE NEW PUBLIC WORKS CENTER AND APPROVE A GRANT OF EASEMENT TO SDG&E; PROJECT 3572 DEPT. H CITY MGR. a RECOMMENDED ACTION: Adopt Resolution No. -2-0 23 approving an agreement with San Diego Gas & Electric (SDG&E) for the relocation of gas and electric facilities in existing Orion Way and approving the associated Grant of Easement to SDG&E. ITEM EXPLANATION: Existing Orion Way requires realignment to accommodate the new Public Works Center. Since Orion Way is not a dedicated right-of-way SDG&E has an existing general easement for their facilities. The easement covers the entire site of which Orion Way is a part. Therefore, it is the City's responsibility as the developer of this property to pay certain costs associated with the relocation of SDG&E facilities. Staff recommends approval of the attached agreement (Exhibit 3) for relocating SDG&E facilities. Additionally, a copy of SDG&E's letter (Exhibit 5) indicates their cost for relocating their facilities. In addition, SDG&E requires new easements providing future access to their relocated facilities and therefore staff recommends approval of the Grant of Easement to SDG&E. ENVIRONMENTAL IMPACT: The Planning Commission has approved a Mitigated Negative Declaration for the project as part of CUP 01-02. FISCAL IMPACT: The cost to the City for relocation of existing gas and electric facilities is $3,718.00 and $46,371 .OO respectively. Additionally, as part of the project the City will install electrical conduits for SDG&E the cost of which, $27,405.00, will subsequently be reimbursed to the City by SDG&E. Sufficient CFD#l funds are available in the Capital Construction Account for the Public Works Center, Project No. 3572, to cover the cost of the SDG&E relocations. EXHIBITS: 1. Location Map. 2. Resolution No. amd-Oa.3 approving an agreement with SDG&E for relocation of 3. Agreement with SDG&E for relocation of existing gas and electric facilities. 4. Grant of Easement to SDG&E. 5. July 31, 2001, SDG&E letter. facilities and approving the Grant of Easement to SDG&E. I EXHIBIT 1 LOCATION MAP NOT TO SCALE SI PROJECT NAME PUBLIC WORKS CENTER PROJECT EXHIBIT I AW BY: SCOTT EVANS CARLSRAD ENGINEMNG DEPT 3/7/01 C \CAFiTAL\35721.DW 1 2 3 4 5 6 7 0 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2002-023 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT WITH SDG&E FOR THE RELOCATION OF GAS AND ELECTRIC FACILITIES AND APPROVING THE GRANT OF EASEMENT TO SDG&E TO ACCOMMODATE CONSTRUCTION OF THE PUBLIC WORKS CENTER. PROJECT 3572. WHEREAS, the City Council of the City of Carlsbad, California has determined the need x the relocation of San Diego Gas & Electric (SDG&E) gas and electric facilities (Facilities) in kion Way to accommodate construction of the new Public Works Center ; and WHEREAS, it is appropriate for the City to grant an easement to SDG&E for their :located Facilities; and WHEREAS, a mutually satisfactory agreement for the relocation of the Facilities has been egotiated with SDG&E. a copy of which is attached hereto; and WHEREAS, it has been determined that the agreement is in the best interest of the City. WHEREAS, there are sufficient funds available in the project account to pay for the ?location of SDG&Es gas and electric facilities; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, :alifornia. as follows: 1. 2. 3. 4. Ill Ill Ill Ill That the above recitations are true and correct. That the Agreement with SDG&E for the relocation of their Facilities in Orion Way and Orion Street to accommodate construction of the Public Works Center, Project No. 3572, is hereby approved. That the Grant of Easement to SDG&E, a copy of which is attached as Exhibit 4 and made apart hereof, is hereby approved. That the City Manager is hereby authorized and directed to execute the Agreement and Grant of Easement for the relocation of SDG&E facilities. 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 5. That the City Clerk is directed to have the Grant of Easement recorded with the County Recorder. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council leld on the 15th day of JANUARY , 2002 by the following vote, to /it: AYES: Council Members Lewis, Kulchin. Finnila, Nygaard, Hall (TTEST: ?age 2 of Resolution No. 2002-023 (SEAL) AGREEMENT WITH SAN DIEGO GAS & ELECTRIC FOR RELOCATION OF FACILITIES IN ORION WAY AND ORION STREET TO ACCOMMODATE CONSTRUCTION OF THE PUBLIC WORKS CENTER; PROJECT NO. 3572 THIS AGREEMENT is made and entered into this & day of Januarv ,2002. 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 realigning and/or widening portions of Orion Way as part of the public works project to construct the new Public Works Center; and WHEREAS, SDG&E has existing gas and electric facilities (Facilities) within existing Orion Way and Orion Street that require relocation due to the realignment and or widening of Orion Way (Relocation); and WHEREAS, City has requested that SDG&E perform portions of the Relocation as described in SDG&E Work Orders 1667921, 2724080, and 2724081 incident to the improvements; and WHEREAS, City will be responsible for performing specified work and paying SDG&E $3,718.00 for the gas main Relocation as described in W.O. 1667921; and WHEREAS, City will be responsible for performing specified work and paying SDG&E $46,371 .OO for electrical underground Relocation as described in W.O. 2724080; and WHEREAS, City will perform electrical underground relocation work specified in W.O. 2724081 on behalf of SDG&E and SDG&E will reimburse the City in the amount of $27,405.00; and WHEREAS, SDG&E will agree to effect the Relocation pursuant to the City’s request; and 1 WHEREAS, the cost of the Relocation is more than $25,000 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: 1. Gas and Electric Relocations in Orion Wav and Orion Street a. Specifications. SDG&E will relocate its 2" gas line described in SDG&E Work Order No. 1667921 and underground electric facilities described in SDG&E Work Orders Nos. 2724080 and 2724081. b. City will provide SDG&E with final improvement plans no later than January 31, 2002. c. City will provide SDG&E with those easements set forth in Exhibit 1. d. Timing of Work. City, by and through its Engineering Department, will coordinate the relocation of SDG&E facilities. The Gas Main Relocation and the Electric Underground Relocation will not be performed at the same time. City will coordinate closely with SDG&E to minimize the period of open Joint Trench and allocate five (five) working days for Gas Main Relocation. City will provide SDG&E with a 15 working day advanced notice to commence work after final trench & substructure inspection by SDG&E after which SDG&E will perform their portion of the cable & connections for the Electric Relocations within fifteen (15) working days thereafter. 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 to otherwise curtail the gas and electric supply throughout the SDG&E service territory, inclement 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. 2 e. Payment. SDG&E has determined costs to be paid by the City for the Relocations to be $3,718.00 and $46,371.00 respectively for gas and electric which includes Contractor’s charges, equipment and materials, SDG&E personnel and employee labor and Engineering charges including labor additives. SDG&E to reimburse City in the amount of $27,405.00 within 30 days after completion of work specified in W.O. 2724081. City shall pay SDG&E a total of $50,089.00 a minimum of 60 days prior to the work being performed. 2. ResDonsibilitv for Relocation All or portions of the Relocations cited in paragraph l(a) above shall be accomplished by SDG&E in accordance with SDG&E work orders cited in paragraph l(a) and SDG&E agrees 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 its portion of the Relocations. 3. Affirmation of SDG&E Prior Riahts 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 Relocations, the Improvements. or the area of Prior Rights from which the existing portions of the gas main or electrical facilities are to be relocated. 4. Cancellation of Aareement 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 Relocations up to and including the date of the termination, including any 3 cancellation or penalty charges which SDG&E may incur from any of its contractors or subcontractors. Upon receipt of notice of termination, SDG&E shall provide City with a detailed accounting of costs incurred to date and remittance of any balance owed the City within 30 days of notice of termination. 5. Commencement of Aqreement 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 patties. I/ I1 /I /I I/ I/ I1 I/ If I1 I1 Il II I/ 4 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 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 Carlsbad 8315 Century Park Court, #210 San Diego, CA 92123-1550 Attention: Mr. Dennis Buss Attention: Public Works Director IN WITNESS WHEREOF, CITY AND SDG&E have executed this Agreement. 1635 Faraday Avenue Carlsbad, CA 92008 SAN DIEGO GAS 8. ELECTRIC COMPANY By: (Sign Here) Pc(ILL,P J. "cLLEP-S (Print Name) ATTEST: &aXT MlthlRG6N~3' V&AGF.L (Title) 1% 94 @\ ' (Date) JANICE BREITENFELD, Deputy City Clerk APPROVED AS TO FORM: RONALD R. BALL 3-7 D. G;"ap, dityMney , .3 '3 . woe. 5 On IZ-ZO-O\ , beforeme k, b4, I*-. %R> "C Q .- u-! R L2 i &I,C -1 (name, titlgof officer), appeared ' P ~4 personally known to me 0 proved to me on the basis of satisfactory evidence to be the erson4 to the within instrument he/s&Jt& executed the authorized capacity(&), and that on the instrument the upon behalf of which the instrument. WITNESS my hand and official seal. Signature Recording Requested by San Diego Gas & Electric Company When recorded, mail to: San Diego Gas & Electric Company c/o Sempra Energy 8335 Century Park Court, Suite 100 SanDiego, CA 92123-1569 Attn: Real Estate Records - CP11D Project No.: 134763-010,030,040 Const. No.: 2724080, 1667921,2724081 A.P.N.: 209-050-26 SPACE ABOVE FOR RECORDER’S USE Transfer Tax None SAN DIEGO GAS & ELECTRIC COMPANY EASEMENT CITY OF CARLSBAD, a Municipal Corporation, hereinafter called “Grantor”, grants to SAN DIEGO GAS & ELECTRIC COMPANY, a corporation, hereinafter called “Grantee”, an easement and right of way to erect, construct, change the size of, improve, reconstruct, relocate, repair, maintain and use facilities consisting oE (1) Underground electic facilities, and appurtenances for the transmission and distribution of electricity, (2) Underground communication facilities, and appurtenances, (3) Pipelines and appurtenances for any and all purposes, together with the right of ingress thereto and egress therefrom over said easement and over other practical routes across Grantor’s land situated in the, County of San Diego, State of California described as follows: That portion of Lot “B” of Rancho Agua Hedionda, according to Map thereof No. 823, filed in the Office of the County Recorder of said County of San Diego, described in a Deed recorded June 30, 1982 at Recorder’s File/Page No. 82-201566 of Official Records of said County of San Diego. The easement in the aforesaid property shall be a strip of land, including all of the area lying between the exterior sidelines, which sidelines shall be three (3) feet, measured at right angles, on each exterior side of each and every utility facility installed within said property on or before December 4,2004. In order to provide adequate working area for Grantee, Grantor shall not erect, place or construct, nor permit to be erected, placed or constructed any building or other structure, park any vehicle, plant any trees and/or shrubs within eight feet of the front of the door or hinged opening of any above ground utility facilities installed within this easement. Grantor grants to Grantee the right to erect and maintain on Grantor’s property immediately adjacent to this easement retaining walls andor protective barricades as may be necessary for Grantee’s purposes. I EXHIBIT 4 Grantor will exercise only such reserved rights in said land as will not interfere with or prohibit the free and complete use and enjoyment by Grantee, its successor or assigns, of the rights hereby granted. Grantee shall have the right to assign any or all rights granted in this easement in whole or in part to other companies providing utility or communication services. Grantee shall have the right to top, cut, remove, or trim interfering plants and trees, and to keep said easement free from and to prevent any person, including Grantor and successors and assigns, from erecting, placing, or storing on said easement any flammable or other hazards and any structures, objects, or earth fillskuts or other obstructions, except walls and fences. The legal description for this easement was prepared by San Diego Gas & Electric Company pursuant to Section 8730 of the Business and Professions Code, State of California. Dated JAN 2 1 2002 CITY OF CARLSBAD, a Municipal Corporation Name: RAYMOND PATCHETT Title: CITY MANAGER Prepared by: Trexel Checked by:- Date: 8/15/01 On I- 22-09 , before me &tCE TGflFlU . n/sn312r/ ,%@L/C \- "-" (name, title of officer), appeared f# qm fl h PA TCHg & personally known to me 0 proved to me on the basis of satisfactory evidence to be the person(+ whose name(@ is/= subscribed to the within instrument and acknowledged to me that he/* executed the same in hiskedtkk'authorized capacity(& and that by hi- 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. Signatur 3 EXHIBIT 5 Project #I 34763 San Diego Gas 6 Electric 1623 West Mission Road Ercandido, CA 92029-1109 A ESernpra Energy'company b - July 31,2001 Mr. Dick Cook City of Carlsbad 5950 El Camino Real Public Works Carlsbad, Ca 92008 Dear Dick: Subject: Public Works Center, 2560 Orion Way, Carlsbad You requested a cost estimated to relocate our gas and underground electric facilities at the above project. The cost to relocate of SDGE 's underground electric facilities required for your new Public Works Center on the west side of Orion is $46,371 .OO. The cost to relocate the gas is $3,718.00. These figures both include the ClAC tax since this relocation work is necessary to remove conflicts for your new building. The relocation of SDGE's existing underground electric facilities on the east side of Orion will be done by your contractor, and SDGE will reimburse you with a direct payment of $27,405.00. This offer is contingent upon: Acceptance of the offer within 60 days of the date of this letter, as evidenced by receipt of payment to our Project Management Office. (You may use the enclosed envelope) Being able to complete our work within 120 days from the date of acceptance of the offer. Delay of work caused by telephone or cable TV companies may be reviewed by SDG&E for additional customer billing. Obtaining Right of Way easements. Receipt of final improvement plans. The cost quoted above is a Net Contract Price, subject to additional billing or refund. If you cancel your request, we will retain a portion of the original payment which represents SDG&Es expense of processing your request. The remaining amount, if any, will be refunded to you. The above cost does not include any work by the telephone company or cable T.V. company. Please call them for any charges they may have to relocate their facilities. Project #I 34763 2 July 31,2001 Whenever differences between the preliminary and final street improvement plans or actual construction and final plans require a revision of the work order or additional relocation work, the applicant agrees to pay all engineering fees and associated construction costs incurred by SDG&E construction work provided for in this agreement due to such differences. Such differences may also require rescheduling of SDG&E design and Before excavating in the vicinity of gas or underground electric facilities, please call Underground Service Alert System (USA) at 1-800-227-2600. Within 48 hours, we can indicate the location of SDG&E facilities on the job site. Since your improvement plans do not indicate street lights, it's important that you contact the City of Carlsbad for their requirements prior to our final design. This will avoid costly and unnecessary delays to your project. Please send your check for $50,089.00 in the enclosed envelope. Your costs, as cited herein, are subject to change at any time. All cost calculations are based upon SDG&Es filed tariffs, SDG&E's internal costs, and all applicable governmental or regulatory statutes, regulations, codes and rules. Should any change in, or addition to, those tariffs, costs, statutes, regulations, codes or rules in any way impact these cost calculations, you will be subject to any resulting increase or decrease. The costs quoted in this letter include a cost component to cover the Utility's estimated liability for State and Federal Income Tax. If I may be of further assistance or if you have any questions, please call me at the number listed below. Our hours are 7:OO AM - 4:OO PM, Monday through Friday. Customer Project Planner Diana Ames Telephone: (760) 480-7652 DFA:jt Enclosures 15 A &Sempra Energy-company Submitted to Applicant By: Diana Arnes AGREEMENT FOR UTILITY PAYMENT TO APPLICANT FOR INSTALLATION OF ELECTRIC DISTRIBUTION SYSTEM REQUIRED BY UTILITY This Agreement is made and entered into by and between SAN DIEGO GAS & ELECTRIC COMPANY, a corporation, hereinafter called “Utility”, and , hereinafter called “Applicant“. Project name: Public works center In consideration of the mutual promises herein, the parties agree as follows: 1, Applicant shall construct, in accordance with the Utility’s Specifications, a complete conduit system. Said conduit system is to be constructed as delineated in the Specifications except that the location is subject to change as necessitated by conflicts, obstacles, or difficult soil conditions revealed by actual excavation, backfilling, compaction, and pavement replacement necessary to construct said conduit system, including that which is necessitated by any change in location. 2. Utility shall pay as the agreed value of the conduit bank provided by Applicant at Utility’s request the sum of $27.405, within 30 days of the Utility’s final acceptance of work pursuant to the General Conditions. 3. Applicant hereby agrees that title to the conduit bank provided by Applicant for Utility shall vest in Utility upon final inspection and acceptance by Utility. 4. The Contract Documents hall become effective only upon the date signed by the authorized representative of Utility. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed for and on behalf of each, by their duly authorized agents, partners, or corporate Officers. APPLICANT:: By: (Signature) SAN DIEGO GAS & ELECTRIC COMPANY, a corporation By: (Authorized Signature-Utility) By: Date: (Print) Title: Address: Date: Social Security Number or Federal Tax I.D. #: Applicant is a corporation: Yes - No - January 24,2002 Attention: Lynn Trexel Land Rights Acquisition Sempra Energy 8335 Century Park Court, Suite 100 San Diego, CA 92123 Re: Easement for APN 209-050-26 Enclosed is the above described original easement to accommodate construction of the Public Works Center, Project 3572, with the City of Carlsbad. The easement was approved by the City Council of the City of Carlsbad at a Regular Meeting held January 15,2002. If you have any questions, please do not hesitate to contact this office. ISABELLE J. PAULSEN Administrative Secretary Iijp Enclosure C: Dick Cook Engineering Inspections w/copy of enclosure 1200 Carlsbad Village Drive Carlsbad, CA 92008-1989 - (760) 434-2808 @