HomeMy WebLinkAboutSan Diego Gas & Electric Company; 2002-01-25; 3572AGREEMENT 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 25’” 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
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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.
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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. Responsibilitv 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
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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 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.
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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 831 5 Century Park Court, #210 City of Carlsbad
San Diego, CA 92123-1550 Carlsbad, CA 92008
1635 Faraday Avenue
Attention: Mr. Dennis Buss Attention: Public Works Director
IN WITNESS WHEREOF, CITY AND SDG&E have executed this Agreement.
SAN DlEGO GAS & ELECTRIC COMPANY
By: v/ (Sign Here)
PHILLIP 3. ZELwt5 City Manager
(Print Name) ATTEST:
(Date) JANICE BREITENFELD, Deputy City Clerk
APPROVED AS TO FORM:
CjtgAYorney RONALD R. BALL
City Attorney 1.3 3.3 so;? .
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