The URL can be used to link to this page

Home My WebLink AboutSAN DIEGO GAS & ELECTRIC; 2024-04-18;ATTACHMENT A Submitted to Applicant by: Ilario Romano SDG&E Work Order(s): T&C-300000449356 C&C-300000338091 CP-300000338009 AGREEMENT FOR REPLACEMENT OF OVERHEAD WITH UNDERGROUND FACILITIES OH RFS-300000338008 THIS AGREEMENT, made and entered into, by and between SAN DIEGO GAS & ELECTRIC COMPANY, a corporation, hereinafter called "Utility", and THE CITY OF CARLSBAD, hereafter called "Applicant(s)". WITNESSETH: . WHEREAS, Applicant(s) are the owners, lessees, or others having a legal interest in ·those certain premises known as the Valley & Magnolia Rule 20A Conversion Project ("Project'') located at certain areas of Valley Street and Magnolia Avenue; and WHEREAS, Applicant's desire that existing overhead facilities be replaced with underground facilities, and in consideration of the desirability and value which said underground facilities will add and contribute to_ the above premises; and NOW, THEREFORE, it is agreed by and between Utility and Applicants as follows: 1. Subject to the conditions hereinafter provided, Utility, upon obtaining satisfactory easements for any required rights of way for the Project, shall remove its existing overhead electric power facilities serving Applicants and shall replace these facilities with underground facilities, in accordance with its Rule 20.A for Replacement of Overhead with Underground Facilities as filed with the California Public Utilities Commission. 2. All work performed by the Utility and Applicants pursuant to this Agreement shall be in conformity with the General Conditions and the Specifications attached hereto and by this reference made a part hereof. After construction of the Project, Utility shall furnish underground electric service to the premises shown on Specifications and, upon completion of the work specified herein, Utility shall not furnish overhead electric service to any of such premises. 3. This Agreement shall become effective only upon compliance with all of the fol.lowing conditions: a) All Applicants shall execute this Agreement and shall perform all of the conditions herein contained. b) All Applicants shall execute a companion agreement with each company, municipality, or agency that is a joint user with Utility of poles, or maintains other poles, within the area from which Utility's pole will be removed pursuant to Section 1, for providing communication service, traffic signals, police or fire alarm boxes, or street or safety lighting supplied by overhead wiring. Such agreement or agreements will provide for such service to be discontinued or converted and maintained through underground circuits or other appropriate and lawful means, so that all of said poles which are no longer necessary for their existing purpose can be removed from the area within a reasonable time after Utility has removed its poles. c) Applicants will, at their expense and in conformity with the Contract Documents as defined in the General Conditions, furnish and install the material, and facilities and perform the work indicated below by a check mark. The material, facilities and work listed below which are not indicated with a check mark shall be furnished, installed and performed by Utility at Applicants' expense. FORM 106-2759L (4/91) □ □ □ Excavation, backfill and compaction Conduits Concrete substructures d) Utility shall notify Applicants, in writing, of final acceptance of the work specified herein. Applicants hereby grant to Utility all facilities installed by Applicants pursuant to this Agreement, said grant to be effective upon receipt of Utility's written final acceptance. e) Each Applicant shall, at his expense, promptly provide any necessary changes to the existing facilities on his property so as to receive underground electric service at the points specified on the Specifications. The Applicants' work shall be in accord with Utility's Rule on Service Connections filed with the California Public Utilities Commission effective as of the date of this Agreement, and in accord with the Contract Documents. Underground electric service will not be supplied until all affected premises are equipped to receive electric service in accordance with said plan and specifications. 4. The entire undergrounding work is estimated to cost $6,895,981 .00. The Utility expects to receive payment from the associated Communications Infrastructure Providers (CIPS) in the amount of $121 ,346.00 for participation in the agreed upon joint trench. The Utility has included this value as a credit against the total cost of this project (" JTO Value"). The Utility has issued a credit for the value of $1 ,105,794.00 against the total cost of this project ("Relocation Credit") for the estimated value of Utility's relocation work had the Applicant not opted to proceed with undergrounding of certain facilities under Rule 20A. The remaining estimated cost of the undergrounding work, less the JTO Value and the Relocation Credit is $5,668,841 .00. Applicant's current Rule 20A work credit balance is $1 ,729,513.00. Applicant(s) will utilize its available Rule 20A Work Credits to fund this work, and the remainder of the costs associated with the Project will be paid for by Applicant(s) as follows: payment via check made out to SDG&E and mailed to the address listed on the attached Cost Remittance. Receipt by Utility is acknowledged from Applicant(s) in the amount of $3,939,328.00, which is an amount equal to the estimated cost of the Ll1ility's conversion work, less the JTO value, less the Relocation Credit, less the City's available Rule 20A Work Credits, plt:1s the applicable ITCCA revenue tax which is billed at 24% of the collectible total, in accordance with its Filed Rule on Replacement of Overhead with Underground Facilities. The conversion work will be tracked and billed on an actual cost basis, meaning that all costs will be reconciled at completion of the work and SDG&E will bill or refund to Applicant any differences larger than $1 DO.In the event any additions, rearrangements, or changes to the electric wiring are required or performed on Applicants' several premises, other than the work pursuant to Section 3.e) above, Applicants shall cause said additions, rearrangements, and changes to be made at their expense. 5. All wires, cables, conductors, conduits, ducts, connectors and appurtenances installed by Utility, or its agents, on the premises of Applicants, or elsewhere, and all facilities granted to Utjlity by Applicants, shall become and remain the property of Utility notwithstanding any payment n:iade under this Agreement. Such facilities will be maintained and operated by Utility in accordance with its Rules-for the Sale of Electric Energy on file with the California Public Utilities Commission. a) Utility shall be under no obligation to perform and complete the work undertaken by it pursuant to this Agreement until Applicants' obligations incurred pursuant to Paragraphs 3.b) and 3.e) of this Agreement shall have been fulfilled. b) If the Specifications attached hereto require the installation of new street lighting standards, Utility shall be under no obligation to remove and cease operating its overhead electric facilities nor to furnish underground electric service to any of the premises shown on the Specifications until said street lighting standards have been installed and energized. c) Utility at its sole election, may undertake to perform the work to be performed by it prior to the occurrence of the conditions specified in section 7. and subsection b) of this Section. The commencement of any such work by Utility under the provisions of this subsection shall not constitute a waiver of any of the requirements imposed upon any Applicants under section 7. or subsection b) of this Section, or under any other provisions of this Agreement. 2 FORM 106-2759L (4/91) If any Applicants shall, within one year of the date of this Agreement, fail or refuse to comply with any of the conditions hereof or to perform all work required under the contracts executed pursuant to Paragraph 3.b) of this Agreement, Utility shall have the right to make such changes and to impose such further conditions upon the Applicants as may be necessary to protect its rights under any existing agreement for any increase in its costs of installation, and to provide in any other manner for the accomplishment of the purposes of this Agreement consistent with applicable rules, laws, ordinances and its contractual obligations hereunder. 6. Once Applicant has started to perform the work required by the Contract Documents, Applicants agree to exercise reasonable diligence in pursuing such work to completion within one year after the effective date of the Contract Documents. If such work has not been completed within two years after the effective date of the Contract Documents, Utility shall have the right, upon giving written notice to Applicants, to cancel and terminate the Contract Documents. Utility shall return to Applicants, an amount equal to the above cash advance, minus Utility's costs. Utility's costs are defined as the actual cost (including but not limited to labor, materials and overhead) incurred by Utility prior to such cancellation and termination in connection with work done in furtherance of Applicants' project, plus the actual cost of removing any of the Utility installed facilities which Utility desires to salvage, minus the salvage value of such facilities. Upon exercise of this right to cancel and terminate, and upon payment to Applicants, all of Utility's obligations under the Contract Documents shall cease. 7. This Agreement shall at all times be subject to such changes or modifications by the Caiifornia Public Utility Commission as said <:;;ommission may, from time to time, direct in the exercise of its jurisdiction. 8. All terms and situations heretofore made and agreed to by the parties in relation to said electric line replacement are set forth in this Agreement and no representation of any agent or employees shall be binding upon Utility except as expressed herein. Appendix A attached hereto is solely for use by Utility and nothing contained therein shall in any way alter or vary any term, condition or stipulation contained in this Agreement. 9. If Applicant is a corporation, partnership, join! ver,ture or a group of individuals, the subscriber hereto represents that he has the authority to bind said corporation, partners, joint venture or individuals as the case may be. Each Applicant signing this Agreement agrees that be shall be jointly and severally liable under the terms of.this Agreement with every oJher a·pplicant signing the Agreement. 10. All of the terms and conditions ofttiis Agreement shail be binding upon and shall insure to the benefit of the parties hereto, their heirs, administrators, executors, personal representatives, trustees, • successors and assigns. 11 . The Contract Documents shall become effective only upon the date signed by the authorized representative of Utility. • 3 FORM 106-2759L (4/91) IN WITNESS WHEREOF, the parties hereto have individually executed, or have caused this Agreement to be executed for and on behalf of each, by and through their responsible agents, partners duly authorized corporate officers, as the case may be. Name: --=;;f=--a,,....xo'-"-±"---""tU\~D. ...... d'-"""w~i~C~b-- (Please Print or Type) Title: __,.,C ........ .-i4a__,_____,.,.........tv\_a..:::..cCLv\==------=-Q~~~-- Date: _(_to_~_M0_~4' ____ _ Address: Telephone: (81,.\'2-j 3 '3j • 7--8 2, \ 4 SAN DIEGO GAS & ELECTRIC COMPANY, a corporation By:______...._M_Ui------=+-JJ 11-?'A:-"----------=--- (Authorized Individual-Utility) Date Executed: March 28, 2024 FORM 106-2759L (4/91)