HomeMy WebLinkAboutSan Diego Gas & Electric Company; 2001-10-02;SEP-04-2001 09:49 CITY OF CGRLSWID 760 431 5769 P.02/11
AGREEMENT FOR TRANSMISSION LINE RELOCATION
CANNON ROAD WEST REACH 2
PROJECT NO, 3184
THIS AGREEMENT is made and entered into this October 2nd day Of ,2Wl,
by and between the City of Carlsbad, a municipal corporation, hereinafter referred to as “Cityl
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, SDGBE has existing transmission facilities, being a (1) two-pole structure,
within the Cannon Road right-of-way; and
WHEREAS, an element of the Improvements is the Relocation of the (1) 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, SDGBE will agree to effect the Relooation 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.
SEP-04-2001 09:49 CITY Ci= CQRLSBQD 760 431 5769 P. 03111
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. Transmission Line Relocation
a. Specifications. SDG&E shall retooate the (1) two-pole structure and
complete associated line work pursuant to the plans and specifications as set forth in SDG8E
Work Order No. 713868440.
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
Sffi&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 othenwise
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 ready to have the Relocation portion of the
Improvements begun and will diligently pursue th8 completion of the work.
C. Payment. SDG&E has estimated the cost of the Relocation to be
$43,086, which estimate includes contractor’s charges, equipment and materials, SOG&E
personnel and employee labor and engineering charges including labor additives. CITY has
previously paid, and SDG&E acknowledges receipt of $231,965 as a depO8it for the following
items of work:
Work Order Number 713865-010 605186-040 605166-060 TOTALS
Materials & Labor $50,779.45 145‘477.63 15,#9.41 211,206.49
Engineering 13.022.77 11.690.0;! 1 t263.48 25,970.27
Sub total 63,202.22 153346.89 16,812.89 237.182.76
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SEP-84-2001 69:49 CITY OF CWLSBFID 760 431 5769 P. 04/‘11
Salvage & Depreciation -1 J72.23 -1,910.38 0 (3,482.61)
Totat 61.62939 16.8t2.89 155257.27 233,700.15
Payment from City ?8,200.00 152,76!5.00 0 231,965.OO
Balance 17,570.Ol -2492.27 -16,812.89 (1,735.15)
The balance credit of funds was transferred to the monies due, balance due Of
$1.735.15 was written off by SOG&E and the projects were completed in accounting
Prior to the commencement of the Relocation, CITY shall pay to SDG&E, the balance of
the Relocation estimated charges, king $43,866.
Upon completion of the Relocation, SDG&E shall, consistent with past practices between
CiP( 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 accountinglinvoice. Differences
of less than $75.00 will not be bitled or refunded.
SDGBE represents to CITY that as a matter of practice, SDG&E maintains records
which rdquately 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. Responsibility for Reiooation
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. ftom and against any and alf loss, cost, damage, expense, claim, suit, demand or
3
SEP-04-2001 09:50 CITY DF CRRLSBFlD 760 431 5769 P.EJll
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.
3. Affirmation of SW&E Prior Ridhta
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 ie to be relocated.
4. Cancellation of Arrreement
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 responsibla 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 (c) hereof.
5. Commencement of Aoreamenf
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 Aaraement
This Agreement constiiutes 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 modificzations or amendments to this
Agreement shall furthermore ba of no force or effect unless set forth in a writing signed by both
parties.
SEP-04-2001 09:50 CITY OF CQRLSBAD ‘760 431 5769 P.06111
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
8315 Century Park Court, #210 San Diago, CA 92123-1550
Attention: Mr. Dennis Buss
City of C&bad
1635 Faraday Avenue Carl&d, CA 92008
Attention: Public Works Director
IN WITNESS WHEREOF, CITY AND SDG&E have executed this Agreement.
SAN OIEGO GAS & ELECTRIC COMPANY
(Sign Here)
pwClP 3. -2ELcEfL~
(Print Name) A-I-J-EST:
Pm M&l fwhblAG&
(Title}
(Date)
APPROVED AS TO FORM:
Oeputy City Attorney