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Home My WebLink AboutA8948 - SOUTHERN CALIFORNIA EDISON (CP 08-25; UTILITY AGREEMENT SCE-1)CITY OF PALM SPRINGS Page 1 of 6 UTILITY AGREEMENT DISTRICT COUNTY ROUTE POST MILE PROJECT ID 08 Riverside Ramon Road 08925238 FEDERAL AID NUMBER OWNERS MLE NUMBER BHLS-5282 (040) 1329 FEDERAL PARTICIPATION / FEDERALLY ELIGIBLE / NEPA DOCUMENT On the Project ® Yes ❑ No On the Utilities ® Yes ❑ No Owner Payee Data No. or Form STD 204 is attached ❑ UTILITY AGREEMENT NO. SCE-1 DATE: The City of Palm Springs, hereinafter referred to as "LOCAL AGENCY", in cooperation with the City of Cathedral City, intends to widen Ramon Road from a 4-lane arterial to a 6-lane arterial between San Luis Rey Dr. and Landau Blvd., including the widening and seismic retrofitting of the Ramon Road Bridge (Bridge No. 56CO 87) over the Whitewater River. The project is contained within the eastern portion of City of Palm Springs and City of Cathedral City's western limits. Southern California Edison 300 N. Pepper Street Rialto, CA 92373 Hereinafter referred to as "OWNER", owns and maintains Electrical facilities, within the limits of the LOCAL AGENCY Project that requires relocation of said facilities to accommodate LOCAL AGENCY's project. It is hereby mutually agreed that: I. WORK TO BE DONE: In accordance with Notice to Owner dated August 4, 2016, OWNER shall relocate underground and above ground facilities. All work shall be performed substantially in accordance with OWNER's Plan Nos. Transmission Design #818711_4.01;sheet 1 of 1, Distribution Design #1259625 2.01;sheet 1-1, and Transmission Telecommunications Cable Plan #801760895; sheets 1-2., copies of which is on file in the Office of the LOCAL AGENCY at City of Palm Springs, 3200 E. Tahquitz Canyon Way, Palm Springs, CA 92262. Deviations from the OWNER's plan described above initiated by either the LOCAL AGENCY or the OWNER, shall be agreed upon by both parties hereto under a Revised Notice to Owner. Such Revised Notices to Owner, approved by the LOCAL AGENCY and agreed to/ acknowledged by the OWNER, will constitute an approved revision of the OWNER's plan described above and are hereby made a part hereof. CITY OF PALM SPRINGS Page 2 of 6 UTILITY AGREEMENT No work under said deviation shall commence prior to written execution by the OWNER of the Revised Notice to Owner. Changes in the scope of the work will require an amendment to this Agreement in addition to the revised Notice to Owner. II. LIABILITY FOR WORK: Existing facilities are located in their present position pursuant to rights superior to those of the LOCAL AGENCY and will be relocated at LOCAL AGENCY's expense. III. PERFORMANCE OF WORK: OWNER agrees to perform the herein described work with its own forces or to cause the herein described work to be performed by the OWNER's contractor, employed by written contract on a continuing basis to perform work of this type, and to provide and furnish all necessary labor, materials, tools, and equipment required therefore, and to prosecute said work diligently to completion. Work performed by OWNER's contractor is a public work under the definition of Labor Code Section 1720(a) and is therefore subject to prevailing wage requirements; but, work performed directly by Owner's employees falls within the exception of Labor Code Section 1720(a)(1) and does not constitute a public work under Section 1720(a)(2) and is not subject to prevailing wages. OWNER shall verify compliance with this requirement in the administration of its contracts referenced above. IV. PAYMENT FOR WORK: The LOCAL AGENCY shall pay its share of the actual and necessary cost of the herein described work within 45 days after receipt of OWNER's itemized bill, signed by a responsible official of OWNER's organization and prepared on OWNER's letterhead, compiled on the basis of the actual and necessary cost and expense incurred and charged or allocated to said work in accordance with the uniform system of accounts prescribed for OWNER by the California Public Utilities Commission (PUC) or Federal Communications Commission (FCC), whichever is applicable. It is understood and agreed that the LOCAL AGENCY will not pay for any betterment or increase in capacity of OWNER's facilities in the new location and that OWNER shall give credit to the LOCAL AGENCY for the accrued depreciation of the replaced facilities and for the salvage value of any material or parts salvaged and retained or sold by OWNER. CITY OF PALM SPRINGS UTILITY AGREEMENT Page 3 of 6 Not more frequently than once a month, but at least quarterly, OWNER will prepare and submit progress bills for costs incurred not to exceed OWNER's recorded costs as of the billing date less estimated credits applicable to completed work. Payment of progress bills not to exceed the amount of this Agreement may be made under the terms of this Agreement. Payment of progress bills which exceed the amount of this Agreement may be made after receipt and approval by LOCAL AGENCY of documentation supporting the cost increase and after an Amendment to this Agreement has been executed by the parties to this Agreement. The OWNER shall submit a final bill to the LOCAL AGENCY within 360 days after the completion of the work described in Section I above. If the LOCAL AGENCY has not received a final bill within 360 days after notification of completion of OWNER's work described in Section I of this Agreement, and LOCAL AGENCY has delivered to OWNER fully executed Director's Deeds, Consents to Common Use or Joint Use Agreements as required for OWNER's facilities, LOCAL AGENCY will provide written notification to OWNER of its intent to close its file within 30 days after the expiration of such 360-day period, and OWNER hereby acknowledges, to the extent allowed by law, that all remaining costs will be deemed to have been abandoned. The final billing shall be in the form of an itemized statement of the total costs charged to the project, less the credits provided for in this Agreement, and less any amounts covered by progress billings. However, the LOCAL AGENCY shall not pay final bills which exceed the estimated cost of this Agreement without documentation of the reason for the increase of said cost from the OWNER. If the final bill exceeds the OWNER's estimated costs solely as the result of a revised Notice to Owner as provided for in Section I, a copy of said revised Notice to Owner shall suffice as documentation. In any event, if the final bill exceeds 125% of the estimated cost of this Agreement, an amended Agreement shall be executed by the parties to this Agreement prior to the payment of the OWNER's final bill. Any and all increases in costs that are the direct result of deviations from the work described in Section I of this Agreement shall have the prior written concurrence of LOCAL AGENCY. Detailed records from which the billing is compiled shall be retained by the OWNER for a period of three years from the date of the final payment and will be available for audit by State and/or Federal auditors. In performing work under this Agreement, OWNER agrees to comply with the Uniform System of Accounts for Public Utilities found at 18 CFR, Parts 101, 201, et al., to the extent they are applicable to OWNER doing work on the project that is the subject of this agreement, the contract cost principles and procedures as set forth in 48 CFR, Chapter 1, Part 31, et seq., 23 CFR, Chapter 1, Part 645 and 2 CFR, Part 200, et al. If a subsequent State and/or Federal audit determines payments to be unallowable, OWNER agrees to reimburse LOCAL AGENCY upon receipt of LOCAL AGENCY's billing. If OWNER is subject to repayment due to failure by LOCAL AGENCY to comply with applicable laws, CITY OF PALM SPRINGS UTILITY AGREEMENT Page 4 of 6 regulations, and ordinances, then LOCAL AGENCY will ensure that OWNER is compensated for actual cost in performing work under this agreement. V. GENERAL CONDITIONS: All costs accrued by OWNER as a result of LOCAL AGENCY's request of February 4, 2016 to review, study and/or prepare relocation plans and estimates for the project associated with this Agreement may be billed pursuant to the terms and conditions of this Agreement. If LOCAL AGENCY's project which precipitated this Agreement is canceled or modified so as to eliminate the necessity of work by OWNER, LOCAL AGENCY will notify 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. All obligations of LOCAL AGENCY under the terms of this Agreement are subject to the acceptance of the Agreement by LOCAL AGENCY's Board of Directors or the Delegated Authority (as applicable), the passage of the annual Budget Act by the State Legislature, and the allocation of those funds by the California Transportation Commission. OWNER shall submit a Notice of Completion to the LOCAL AGENCY within 30 days of the completion of the work described herein. 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. OWNER understands and acknowledges that this project is subject to the requirements of the Buy America law (23 U.S.C., Section 313) and applicable regulations, including 23 CFR 635.410 and FHWA guidance, and will demonstrate Buy America compliance by collecting written certification(s) from the vendor(s) or by collecting written certification(s) from the manufacturer(s) mill test report (MTR). All documents obtained to demonstrate Buy America compliance will be held by the OWNER for a period of three (3) years from the date of final payment to the OWNER and will be made available to LOCAL AGENCY or FHWA upon request. One set of copies of all documents obtained to demonstrate Buy America compliance will be attached to, and submitted with, the final invoice. This does not include products for which waivers have been granted under 23 CFR 635.410 or other applicable provisions or excluded material cited in the Department's guidelines for the implementation of Buy America requirements for utility relocations issued on December 3, 2013. CITY OF PALM SPRINGS UTILITY AGREEMENT Page 5 of 6 If, in connection with OWNER's performance of the Work hereunder, LOCAL AGENCY provides to OWNER any materials that are subject to the Buy America Rule, LOCAL AGENCY acknowledges and agrees that LOCAL AGENCY shall be solely responsible for satisfying any and all requirements relative to the Buy America 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). LOCAL AGENCY further acknowledges that OWNER, in complying with the Buy America Rule, is expressly relying upon the instructions and guidance (collectively, "Guidance") issued by Caltrans 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. THE ESTIMATED COST TO THE CITY OF PALM SPRINGS FOR ITS SHARE OF THE ABOVE DESCRIBED WORK IS AS FOLLOWS: Consisting of Design funds: $ N/A Consisting of Construction funds: $ N/A Consisting of Right of Way funds: $ 0 Total $ 228,000.00 k 1 1 CITY OF PALM SPRINGS Page 6 of 6 UTILITY AGREEMENT IN WITNESS WHEREOF, the parties have executed this AGREEMENT as of the day and year above written. CITY OF PALM SPRINGS: SOUTHERN CALIFORNIA EDISON: By By Y 6/10/2021 `` Date Date Name J v.5 '} • +-, �- ,+ -� -i o h Name Cynthia Wagner ' rn Title +-�- �� ` t C.. c� o� 2 ✓ Title Transmission Project Manager APPROVAL RECOMMENDED: By By Date Date Name Name Title Title AppROVED AS TO FO Q_. ,r/./ L2 W M G i V APPROVED rf CITY COUNCIL q 1 q ]2oy tN1 Aitl1�