HomeMy WebLinkAbout1997-10-21; City Council; Resolution 97-6431
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RESOLUTION NO. 97-643
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 nee(
the relocation of the San Diego Gas and Electric transmission lines and determined it to be in
best interest of the Cannon Road project to relocate the transmission lines with the Cannon R
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 I
relocated; and
l3 11 WHEREAS, the project is in full compliance with the California Environmental Qu,
l4 11 Act; and
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WHEREAS, it is in the best interest of the City to approve the agreement; and
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 Carlsl
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 her 21
is hereby approved.
22 3. That sufficient funds are available.
23 )I 4. That the Mayor is hereby authorized and directed to execute said agreem
24 (1 attached as Exhibit 3.
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5. That the City Clerk of the City of Carlsbad, California, is hereby authorized
2 I1 directed to forward one copy of the executed agreement to San Diego Gas and Elel
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Zompany, attention: Dave Reed, 1623 West Mission Road, Escondido, California 92029-1
and one copy of the executed agreement to the Engineering Department.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City COI
ield on the 21st day of October , 1997 by the following vote, to wit:
AYES: Council Members Lewis, Finn
NOES: None
ABSENT: None
ATTEST:
ALETHA L. RAUTEN (SEAL)
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AGREEMENT FOR TRANSMISSION LINE RELOCATION
CANNON ROAD WEST REACH 1
PROJECT NO. 3184
THIS AGREEMENT is made and entered into this 1 0 d day of 0C-7116 e- 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 $25,000 and, therefore, the approval of the City Council is required.
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NOW, THEREFORE, in consideration of the foregoing recitals, for other valuablc
1 t$ 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 a
Station 64+00, rearrange and reconfigure adjacent existing lattice tower and two-pole structurc
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, pursuani
to the plans and specifications as set forth in SDG&E Work Order No. 2551 I IO.
b. Timing of Work. CITY, by and through its Engineering Department, is
coordinating the Improvements. SDG&E estimates that the Relocation will require approximatel)
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.
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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 an 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. ResDonsibility 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.
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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.
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4. Cancellation of Aureement
. 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 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 Aqreement
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
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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 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. 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 haveflecuted this AgreFPt.
SAN DIEGO GAS & ELECTRIC COMPANY
By: &m(a.&;&
(Sign Here) 0 - -1 t-b~~g-~d ,%r26W5m1 SR- k’ffiiclAG-
(Print Namenitle) ‘ ATTEST: n D By:
(Sign Here)
ALETHA L. RAUTENKRANZ 1
City Clerk
(Print Namenitle)
APPROVED AS TO FORM:
RONALD R. BALL
\
#!NE MOBALDI ”
Deputy City Attorney
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' CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT N
State of California
On 10/10'/97 before me, Joanne J. Tenney, Notary Public 1
DATE NAME, TITLE OF OFFICER - E.G.. "JANE DOE, NOTARY PUBLIC"
personally appeared Thcmas A. Ferguson, Sr. 1
NAME(S) OF SIGNER(S)
lffl personally known to me - OR - proved to me on the basis of satisfactory evidence
to be the personm whose name(@ is@e
subscribed to the within instrument and ac-
knowledged to me that h- executed
the same in hisihxd- authorized
capacity(@%), and that by his/KiermHr
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.
IGNATURE OF NOTARY
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevem
fraudulent reattachment of this form.
I .I
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
Agrmt for Transmission Line Reloc.
TITLE(S) TITLE OR TYPE OF DOCUMENT
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AlTORNEY-IN-FACT NUMBER OF PAGES
0 GUARDIAN/CONSERVATOR
10/10/97
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
SIGNER(S) OTHER THAN NAMED ABOVE
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(81993 NATIONAL NOTARY ASSOCIATION 8236 Rernrnet Ave., P.O. Box 7184 Canoga Park, CA 91