17-1102_SAN DIEGO GAS & ELECTRIC COMPANY_AgreementAGREEMENT BETWEEN THE CITY OFSAN JUAN
CAPISIRANO AND SAN DIEGO GAS AND
ELECTRIC
REGARDING PLAN REVISION COSTS ASSOCIATED
WITH CITY OF SAN JDAN CAPISTRANO'S DEL
OBISPO WIDENING—CIP NO. 16102
rd
THIS AGREEMENT ("Agreement") is made and entered into effective as ofthe 2 day of
4iyyem, 2017 ("Effective Date"), by and between the CITY OF SAN JUAN CAPISTRANO, a
municipal corporation ("City") and SAN DIEGO GAS AND ELECTRIC COMPANY, a corporation
organized and existing under the laws of the stale of California ("SDG&E").
RECITALS
WHEREAS, City is pursuing the "Dei Obispo Widening Project" for the widening of approximately
4200 feet of Del Obispo Street to improve manic flow between Cafe Aspera and Paseo de Is Paz.
("Project");
WHEREAS, the parties determined that the Project would conflict with three of SDG&E's pad-
mounted electric facilities (the "Electric Facilities") located in the Project area;
WHEREAS, puauent to the effective franchise agreement between City and SDG&E, which is
covered by the Franchise Act of 1937, wherein SDG&E was granted a franchise to transmit and distribute
electricity in the City San Juan Capistrano, SDG&E is required, under the Franchise Act of 1937, to
relocate the facilities, at its expense, to enable the City to complete the Project;
WHEREAS, SDG&E has estimated that it will cost them upwards of $75,000.00 to relocate the
Electric Facilities in the Project area, and has requested that City design and construct the street widening
in away to avoid the Electric Facilities and alleviate SDG&E's need to relocate the Electric Facilities (the
"Alternative Location");
WHEREAS, City has the prerogative to complete the Prejeel with the Alternative Location,
however, in order to comply with SDG&E's request the City estimates it would incur additional design
and construction coats ofapproximately $45,144.00;
WHEREAS, SDG&B is willing to pay the additional design and construction costs for the
Alternative Location with a one-lime lump sum payment of $45,144,00 to cover the City's additional
engineering coals;
WHEREAS, City and SDG&E desire to enter into an agreement to address the additional costs
associated with SDC&E's request for the Alternative Location design;
NOW THEREFORE, in consideration of the above Recitals and the named promises contained
herein, the parties agree that City will plan the Project with Alternative Location, that SDG&E shall pay
the additional casts thereof, and to set forth the pardes'rights and responsibilities associaledthereenth
Attachment 4, Page 1 of 4
AGREEMENT
1. City and SDG&E agree that SDG&E shall pay to City the sum of $45,144.00 ("SDG&E Payment") toward
the City's total cost for the additional design and construction of the Alternative Location. City agrees that it shall
design and construct its Project in the Alternative Location.
2. City shall be responsible for the design and construction of the Project, including the Alternative Location.
Notwithstanding the foregoing, City agrees to work with SDG&E's design engineer and/or other representatives
of SDG&E to ensure that the design and construction specifications for the Alternative Location are consistent with
SDG&E's requested plan revisions. SDG&E shall have the right to inspect these records upon written request to the
City.
3. SDG&E shall promptly pay the SDG&E Payment to the City upon mutual execution of the agreement by
the parties hereto. Notwithstanding anything herein to the contrary, to the event that the City's costs for modifying
and constructing the Alternative Location exceed the SDG&E Payment, SDG&E shall only pay actual additional costs
of up to $29,856 ("Additional Amount"). SDG&E shall only pay any portion of the Additional Amount if City can
provide valid invoices for the cost of such work that exceeds the SDG&E Payment. City acknowledges and agrees
that, upon payment of either the SDG&E Payment or the Additional Amount (if such additional amount is needed
based on invoices), SDG&E shall have no further responsibility or liability for any additional costs incurred by the
City for the Alternative Location or the Project and City shall absorb the additional costs and assume any additional
risk.
4. If both parties agree that the Alternative Location is no longer needed, this Agreement may be terminated
subject to Section 5. If City does not build its Project or does not build its Project in the Alternative Location, City
shall refund to SDG&E the SDG&E Payment and any Additional Amount in the manner described in Section 5 below.
5. The parties may mutually agree, in writing, to a termination of this Agreement. Within thirty (30) days
following termination under this Section 5, City shall refund to SDG&E any unused portion of the SDG&E Payment
or the Additional Amount, accompanied by a reasonably detailed schedule of costs actually incurred by City for that
portion of the SDG&E Payment or Additional Amount retained by City
6. All notices, demands, requests or other communication required or permitted to be given hereunder
("Notices") shall be in writing and (i) delivered in person to an officer or duly authorized representative of the
other party, or (ii) sent by First Class United States Mail, postage prepaid to City or SDG&E at the appropriate
address set forth below, or to such other address as City or SDG&E may hereinafter designate by written notices
to the other party. Any such notice shall be deemed duly given upon receipt if delivered as set forth under (i) above,
or, in case of (ii) above, forty-eight (48) hours from the time of mailing if trailed as provided in this section.
SDG&E address fornotice
San Diego Gas & Electric
Company 662 Camino De
Los Mares, SD1421
San Clemente, CA 92673
Attn: Steve Campbell
City address for notice:
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attention: George Alvarez, City Engineer
2
Attachment 4, Page 2 of 4
7. The signatories to this Agreement represent and warrant that they have the requisite
authority to enter into this Agreement on behalf of the party for whom they sign.
8. This Agreement shall become effective when executed by all parties and shall continue
in full force until termination as provided for herein or by the mutual written consent of the parties.
9. This Agreement represents the entire understanding of SDG&E and City as to those
matters contained herein. No prior oral or written understanding shall be of any force or effect
with respect to the matters covered herein. This Agreement may not be modified or altered except
in writing signed by both parties.
10. Should any part of this Agreement be held to be invalid by a court of competent
Jurisdiction, the remainder of the Agreement shall be considered as the whole Agreement and be
binding on the contracting parties.
11. This Agreement shall be construed in accordance with and governed by the laws of the
State ofCalifornia. This Agreement shall be deemed made and entered into in San Diego County,
California, which shall also be deemed to be the sole and proper venue for any action or
proceeding relating to this Agreement.
[SIGNATURES APPEAR ON FOLLOWING PAGE]
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Attachment 4, Page 3 of 4
IN WITNESS WHEREOF, the parties executed this Agreement as ofthe date first written above.
CITY OF A YUAN CAPINO: SAN DIEGO AS AND ELECTRIC,
// aCalifornia Corporation:
City Manager
Approved a to Form:
BtC
J�r ,Cjty
Attachment 4, Page 4 of 4