HomeMy WebLinkAboutA8933 - UA 501 SOUTHERN CALIFORNIA GAS COMPANY AMENDMENT NO. 1CITY OF PALM SPRINGS
DEVELOPMENT SERVICES
ENGINEERING DIVISION
3200 Tahquitz Canyon Way
Palm Springs, CA 92262
760.323.8263
hftp:/twww.paimspdngsca.gov
Memorandum
Date August 31, 2021
To: Jeff Balinger
Justin Clifton, City Manager
From: Joel Montalvo, City Engineer
Re: Amendment No. 1 to Utility Agreement 501 with Sothern California Gas
Company
Amendment No. 1 to Utility Agreement (UA) 501 with Sothern California Gas
Company is a result of Caltrans requiring a "Buy America" clause be incorporated
into the Utility Agreement. The original UA did not have the "Buy America" clause
as the Gas Company was going to provide the steel for the project and felt that the
steel did not have to meet the "Buy America" clause. Caltrans originally agreed to
allow the UA to proceed without the clause but later indicated that the project may
have issues obtaining federal funds.
The Team weighed the options and decided that an amendment to UA 501 to
include the "Buy America" clause would be in the City and projects best interest.
Attached please find Amendment No. 1 to UA 501 for your review and signature.
Also attached is the original UA signed by the City Manager. Please let me know if
you have any questions or concerns.
LOCAL AGENCY OF PALM SPRINGS
UTILITY AGREEMENT
CITY OF PALM SPRINGS
UTILITY AGREEMENT
UTILITY AGREEMENT NO.501
>'w 1 of 3
COUNTY ROUTEI STREET POST
1 Project NO.
MILE
Rivenide South Palm Guyon N/A
tf8140000371rN
Drive.
Federal Aid No.: BRLS 5I82(042)
Owner's File No.:
Federal Particilnrtion: On the Project Yes
On the Utilities No
The City of Palm Springs hereinafter celled 'LOCAL AGENCY" will replace the existing South Palm Canyon Bridge
(Br. No. 56C0408) over the Tahquitz Creek Channel with a wider bridge. Improvements will include two lanes in each
direction, a median, shoulders and a sidewalk on both sides.
And: Southem Califomla Gas Company -Distribution
Hereinafter called "OWNER', Owns and maintains gas facilities; within the lamas of the LOCAL AGENCY's project that
requires the relocation of said facilities to accommodate the LOCAL AGENCY's project.
It is hereby mutually agreed that:
WORK TO BE DONE
in accordance with Notice to Owner No. J. dated , LOCAL AGENCY shall place
OWNER's 12" casing 5' past each approach slab, as shown on OWNER's Plan No. 2040921810
dated 7/26/18which plans are included in LOCAL AGENCY'S Contract Plans for the improvement of
the South Palm Canyon Bridge which, by this rekrence are made a part hereof
Deviations from the OWNER's plan described above initiated by either the LOCAL AGENCY or the
OWNER, shalt be agreed upon by both parties hereto under a Revised Notice to Owner. Such
Revised Notices to Owner, approved by the LOCALAGENCY and acknowledged by the OWNER, will
constitute an approved revision of the OWNER's plan described above and are hereby made a part
hereof No work under said deviation shall commence prior to receipt by the OWNER of the Revised
Notice to Owner. Changes in the scope of the work will require an amendment to this Agrecment in
addition to the revised Notice to Owner.
OWNER shall have the right to inspect the work by LOCAL AGENCY'S contractor during construction.
Upon completion of the work by LOCAL AGENCY, OWNER agrees to accept ownership and
maintenance of the constructed facilities and relinquishes to LOCAL AGENCY ownership of the
replaced facilities.
No.
UTILITY AGREEMENT (Coat.)
UTILITY AGREEMENT NO. 501
U. LIABILITY FOR WORK
Page 2 of 3
The existing faeiities are boated within the LOCAL AGENCY'S right of way tinder franchise and will
be relocated at OWNER'S expense.
III. PERFORMANCE OF WORK
OWNER shall have access to all phases of the relocation work to be performed by LOCAL AGENCY
for the purpose of inspection to ensure that the work is in accordance with the speahBcatbns
contained fn the Highway Contract; however, all questions regarding the work being performed wlI be
dkeoted to LOCAL AGENCY'S Resident Engineer for their evaluation and fins Idisposhion.
IV. PAYMENT FOR WORK
The OWNER shell pay its sham of the actual cost of said work Included In the LOCAL AGENCY'$
roadway construction cor*W within 90 days after receipt of LOCAL AOENCY's bBl; complied on the
basis of the actual bid price of said contract. The estimated cost to OWNER for the work being
performed by the LOCAL AGENCY's roadway contractor Is f S7.o00.Q0
V. GENERAL CONDITIONS
If LOCAL AGENCY's project which precolaled this Agreement is canceled or modTisd so as to
eliminate the necessity of work by OWNER, LOCAL AGENCY will noft OWNER in writing, and
LOCAL AGENCY reserves the right to terminate this Agreement by Amendment. The Amendment
shall provide mutually acceptable terms and conditions for terminating the Agreement.
OWNER shall submit a Notice of Completion to LOCAL AGENCY within 30 days of the completion of
the Inspection work described herein.
City of palm Springs represents and warrants that this Utility Agreement is not subject to 23 CPR
635.510, the Buy America provisions.
THE ESTIMATED COST TO LOCAL AGENCYFOR THE ABOVE DESCRIBED WORK IS 12
Signatures on Following Page
Wo.
UTILITY AGREEMENT (Coot.)
AGREEMENT NO. 501
IN WITNESS WHEREOF, the above parties have executed this Agreement the day and year above written.
CITY OF PALM SPRINGS
APPROVED
tr B
David H. Ready, Esq., Ph. D
City Manager
Deter
APPROVED AS TO FORM:
City Attorney
APPROVAU RECOMMENDED:
By: ����l-F
Mik a Date
Utility Manager
Overland, Pacific & Cutler, LLC.
No-
Page 3 of 3
Owner:
SOUTHERN CALIFORNIA GAS C014 PAtdY-
DISTRIBUTION
APPROVED
Date:_ /V ff S01 !2'0 l f(
LOCAL AGENCY OF PALM SPRINGS
AMENDMENT TO UTILITY AGREEMENT
13-EX-24 REV 112014 Pa e l of 2
District Coun Route Post Mile Project ID No. EA
08 Riverside South NA 0814000037L-N NA
Palm
Canyon
Federal Aid No.: BRLS 5282(042)
Owner's File: 2040921810
FEDERAL PARTICIPATION: On the Project ® Yes ❑ No
On the Utilities ❑ Yes ® No
FIRST AMENDMENT TO UTILITY AGREEMENT NO. 501
WHEREAS, the City of Palm Springs hereinafter called CITY, and Southern California Gas Company, hereinafter called
OWNER, have entered into that certain Utility Agreement No. 501, dated October 16. 2019, which Agreement sets forth
the terms and conditions pursuant to which OWNER will relocate gas facilities within South Palm Canyon, in the County
of Riverside to accommodate CITY's construction on South Palm Canyon, Project ID No. 0814000037L-N; and,
WHEREAS, in the performance of said work, OWNER was not responsible for supplying any material for said relocation
work to be done by the awarded road contractor; and,
WHEREAS the original agreement included clause V-12 stating that City of Palm Springs represents and warrants that
this Utility Agreement is not subject to 23 CFR 635.510, the Buy America provisions.
WHEREAS Owner will now supply to project contractor the 12" casing required to go through the new bridge; and,
WHEREAS, due to this change, it has been determined that the Agreement now needs to include Buy America clauses V-
8b, V-11a, V-14a and V-14b for federal certification purposes, to ensure federal funding guidelines are adhered to on the
Project; and
NOW, THEREFORE, it is agreed between the parties as follows:
The addition of Buy America clauses V-8b: It is understood that said highway is a Federal aid highway and
accordingly, 23 CFR, Chapter 1, Part 645 is hereby incorporated into this Agreement. In addition, the provisions
of 23 CFR 635.410, BA, are also incorporated into this agreement. The BA requirements are further specified in
Moving Ahead for Progress in the 21 st Century (MAP-21), section 1518; 23 CFR 635.410 requires that all
manufacturing processes have occurred in the United States for steel and iron products (including the application
of coatings) installed on a project receiving funding from the FH WA and,
The addition of Buy America clauses V-I I a: Owner understands and acknowledges that this project is subject to
the requirements of the BA law (23 L.--.S.C., Section 313) and applicable regulations, including 23 CFR 635.410
and FHWA guidance. OWNER hereby certifies that in the performance of this Agreement, for products where BA
requirements apply, it shall use only such products for which it has received a certification from its supplier, or
provider of construction services that procures the product certifying BA compliance. This does not include
products for which waivers have been granted under 23 CFR 635A 10 or other applicable provisions or excluded
material cited in the Department's guidelines for the implementation of BA requirements for utility relocations
issued on December 3, 2013, and,
3. The addition of Buy America clauses V-14a: If, in connection with OWNER's performance of the Work hereunder,
CITY provides to OWNER any materials that are subject to the Buy America Rule, CITY acknowledges and
agrees that CITY shall be solely responsible for satisfying any and all requirements relative to the Buy America
AMENDMENT TO UTILITY AGREEMENT (Cont)
13-EX-24 (REV 1 2014) Page 2 of 2
Rule concerning the materials thus provided (including, but not limited to, ensuring and certifying that said
materials comply with the requirements of the Buy America Rule).
4. The addition of Buy America clauses V-14b: CITY further acknowledges that OWNER, in complying with the
Buy America Rule, is expressly relying upon the instructions and guidance (collectively, "Guidance") issued by
CITY and its representatives concerning the Buy America Rule requirements for utility relocations within the State
of California. Notwithstanding any provision herein to the contrary, OWNER shall not be deemed in breach of
this Agreement for any violations of the Buy America Rule if OWNER's actions are in compliance with the
Guidance.
5. The removal of V-12: City of Palm Springs represents and warrants that this Utility Agreement is not subject to
23 CFR 635.510, the Buy America provisions.
6. All other terms and conditions of said Agreement remain unchanged.
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Utility Agreement No. 501 this
&— day of 2021.
AGENCY:
CITY OF PALM SPRINGS
OWNER:
SOUTHERN CALIFORINA GAS COMPANY
APPROVED
By I a By
(Date
City Manager
APPROVED AS TO FORM:
By Q.�Wa :��
City Attorney
ST:
A8�33
Clark
Dan Afeftw%
Distribution Planning/Design Manager
08/30/21
Date