HomeMy WebLinkAbout1999-06-01; City Council; Resolution 99-184I, \
1
~ 0 e
RESOLUTION NO. 99-184
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
3
RELOCATION OF TRANSMISSION LINES WITHIN THE CANNON 4
SAN DIEGO GAS AND ELECTRIC COMPANY FOR THE
CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT WITH
ROAD WEST RIGHT-OF-WAY, PROJECT NO. 3184.
5
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
best interest of the Cannon Road project to relocate the transmission lines with the Cannon R
grading; and
6
7
8
9
WHEREAS, a mutually satisfactory fee for the relocation has been negotiated with t
10
11
12
Diego Gas and Electric Company; and
WHEREAS, the City Council recognizes the need to have the transmission li
relocated; and
13 WHEREAS, the project is in full compliance with the California Environmental QUE
14 Act; and
15
WHEREAS, the agreement with San Diego Gas and Electric has been prepared 2 16
WHEREAS, it is in the best interest of the City to approve the agreement; and
17 submitted hereto.
18 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsb:
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 here 21
is hereby approved.
22 3. That sufficient funds are available.
4. That the Mayor is hereby authorized and directed to execute said agreeme 23
24
25
26
27
28
attached
Ill
Ill
Ill
111
111
as Exhibit 3.
/I e 0
1 5. That the City Clerk of the City of Carlsbad, California, is hereby authorized
2
3
directed to forward one copy of the executed agreement to San Diego Gas and Elec
and one copy of the executed agreement to the Engineering Department.
Company, attention: Dave Reed, 1623 West Mission Road, Escondido, California 92029-1
4
5
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Cou
6 held on the 1st day of June , 1999 by the following vote, to wit:
7 AYES: Council Members Lewis , Hall , Finnila, Nygaard, Kulchin
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
NOES: None.
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk (SEAL)
0 0
AGREEMENT FOR TRANSMISSION LINE RELOCATION
CANNON ROAD WEST REACH 2 PROJECT NO. 3184
THIS AGREEMENT is made and entered into this 1st day of
June , 1999, 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 Reach 2; and
WHEREAS, SDG&E has existing transmission facilities; being .two (2) two-pole
structures, within the Cannon Road right-of-way; and ., .. . 1. ..
WHERWS, an element of the Improvements is the Relocation of the two (2) two-
pole structures; 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.
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
0 0
1. Transmission Line Relocation
a. Specifications. SDG&E shall relocate the two (2) two-pole structures
and complete associated line work pursuant to the plans and specifications as
set for in SDG&E Work Order No. 2551540.
b. Timing of Work. CITY, by and through its Engineering Department, is
coordinating the Improvements. SDG&E estimates that the Relocation will
require approximately forty (40) working days after the execution of this
agreement 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 othetwise curtail the electric .,
supply throughout the SDG&E service territory, timely approval by the CA IS0 for . .
the associated line outage, 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
read to have 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
$79,200, 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 $69,200.
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
2
0 0
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 shows
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. Responsibility 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. Affirmation of SDG&E Prior
Rights
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.
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
3
0 0
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 1 0 hereof.
5. Commencement of Aureement
.. 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. Entire Aareement
.. ..
This Agreement constitutes the entire agreement betweenthe 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 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. Dennis Buss Attention: Ms. Sherri Howard
4
0 a
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 cost 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 comprised 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 have executed this Agreement.
San Diego Gas & Electric Company
’ \jke P<&iQm f Steven D. Davis
City Clerk u
Secretary Steven D. Davis
Approved AS TO FORM:
RONALD R BALL
5
e
.I
~ CALIFORNIA ALL-PURPO E ACKNOWLEDGMENT a
it- ~~ ~
State of Ca\;-Ckda
County of SWI Beq~
On A+\ *, \4W before me, m Rd &&w , 13olw\l WtiC ,
Date Name and Title of Officer &.& "Jane Doe, Notab Public")
personally appeared wa b. bhs I Name@) of Signer(s)
gpersonally known to me
0 proved to me on the basis of satisfactory evidence
- . to be the person(+ whose name@ is/esubscribed to the
c within instrument and acknowledged to me that he"thy-
executed the same in his/be&heir authorized capacity(&
and that by his/mr signature(+ on the instrument the
person(+ or the entity upon behalf of which the person*
acted, executed the instrument.
c-# lt30581
Natcsy"Cdfanb
' WITNESS my hand and official seal.
A& ,. A A" A / iL Signature cI"y of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
,.
Description of Attached Document
Title or Type of Document: he"r;/m6W-'5idk kk @u&
Document Date: .4 Number of Pages: !*I44 crtnnoVt~WsL~2; wpct bJ
Signer@) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
0 Individual
Corporate Officer
Title(s):
Partner - 0 Limited General
0 Attorney-in-Fact
Trustee-
0 Guardian or Conservator
0 Other: \ere 1
I I I I
Signer Is Representing:
8 I I u
0 Individual
0 Corporate Officer Title@):
0 Partner - 0 Limited 0 General
0 Attorney-in-Fact
D Trustee
0 Guardian or Conservator
0 Other:
I I Signer Is Representing: I I LA
8 1996 National Notary Association 8236 Remmet Am., P.O. Box 7184 * Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-€