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HomeMy WebLinkAbout05890 - STATE OF CA AND SOUTHERN CALIFORNIA EDISON RELOCATION OF ELECTRICAL DISTR FACILITIES Sabrina Kaye From: Carrie Rovney Sent: Monday, November 03, 2014 6:21 PM To: Kathie Hart; Dave Barakian Cc: Savat Khamphou;Jay Thompson;Tabitha Richards Subject: RE:A5890 - California, State of and SCE YES, you may close this agreement From: Kathie Hart Sent: Thursday, October 23, 2014 7:07 PM To: Dave Barakian Cc: Savat Khamphou; Jay Thompson; Carrie Rovney; Tabitha Richards Subject: A5890 - California, State of and SCE This agreement was for Relocate Electrical Distrib Facilities, 1-10& Indian Interchange CP 00-14. Since the 1-10 project has been completed, may I close this agreement file? Please advise. Thx! Kathie Hart, MMC Chief Deputy City Clerk City of Palm Springs ff(760)323-8206 3200 E Tahquitz Canyon Way A(760)322-8332 Palm Springs, CA 92262 �Kathie.14arLC a/mSprinysCA.00v Please note that City Nall is open 8 a.m. to 6 pm,.Monday through Thursday,and closed on Fridays at this time. 1 STATE OF CALIFORNIA•DEPARTMENT OF TRANSPORTATTON Page 1 of 4 UTILITY AGREEMENT R'ff 13-5(Rev 4/2000) District County Route PM EA 08 Riverside 10 32-6133-7 455701 �C7C7RUT Federal Aid No.: n/a C!uY OF PAL[U SPRINGS Owner's File- `1/D362981 /800331026 80:2743 ?ALM SF, INGS,OA 922SS federal Participation: On the Project [X] Yes [ J No hf � On the Utilities [ ] Yes [X] No UTILITY AGREEMENT NUMBER 21467 DATE The City of Palm Springs, hereinafter called "CITY"proposed to upgrade the existing Indian Canyon Drive (formerly Indian Avenue) Interchange. and Southern California Edison (An Edison International Company) hereinafter called"OWNER," owns and maintains underground electrical and telecomm facilities along the north of 20th Avenue (west of Indian Canyon Drive), vents along the east of Indian Canyon Drive (south of Garnet Avenue), and underground electrical facilities east-west crossing on Indian Canyon Drive (approx. 120m south of Garnet Avenue) within the limits of CITY'S project which requires relocation to accommodate CITY'S project Tt is hereby mutually agreed that: I. WORK To BE DONE "In accordance with Notice to Owner No. 21467 dated August 27, 2009, OWNER shall lower the electrical and telecomm facilities. relocate two (2)vents. and relocate the electrical facilities. All work shall be performed substantially in accordance with OWNER'S Plan No. CU08224 dated August 25, 2009 consisting of 2 sheets, a copy of which is on file in the District office of the Department of Transportation at 464 W- 4ch Street, San Bernardino, CA 92401. Deviations from the OWNER'S plan described above initiated by either CITY or the OWNER, shall be agreed upon by both parties hereto wader a Revision Notice to Owner. Such Revised Notice to Owner, approved by the CITY 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. 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 "The existing facilities described in Section I above will be relocated at 50% CITY expense and 50% OWNER expense in accordance with Section 5_C of the Master Contract dated November 1. 2004. 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." Page 2 of 4 UTILITY AGREEMENT (Cont.) RW 13-5(Rev 412000) UTILITY AGREEMENT No. 21467 "Use of out-of-state personnel or personnel requiring lodging and meal ("per diem") expenses will not be allowed without prior written authorization by City's representative. Requests for such permission must be contained in OWNER's estimate of actual and necessary relocation costs. OWNER shall include an explanation why local employee or contract labor is not considered adequate for the relocation work proposed. Per diem expenses shall not exceed the per diem expense amounts allowed under the State's Department of Personnel Administration travel expense guidelines" "Pursuant to Public Works Case No. 2003-059 determination by the California Department of Industrial Relations dated October 25, 2002, 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. OWNER shall verify compliance with this requirement in the administration of its contracts referenced above." IV. PAYMENT FOR WORK "The CITY shall pay its share of the actual and necessary cost of the herein described work within 45 days after receipt of five (5) copies 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, Federal Energy Regulatory Commission or Federal Communications Commission, whichever is applicable." "It is understood and agreed that the CITY 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 CITY for the "used life" or accrued depreciation of the replaced facilities and for the salvage value of any material or parts salvaged and retained or sold by OWNER." "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 CITY 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 CITY within 360 days after the completion of the work described in Section I above. If the CITY 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 CITY has delivered to Owner fully executed Director's Deeds, Consents to Common Use or Joint Use Agreement as required for OWNER'S facilities, CITY will provide written notification to OWNER of its intent to close its file within 30 days and OWNER hereby acknowledges, to the extent allowed by law, that all remaining costs will be deemed to have been abandoned. If the CITY processes a final bill for payment more than 360 days after notification of completion of OWNER'S work, payment of the late bill may be subject to allocation and/or approval by the California Transmission Commission," "The final billing shall be in form of an itemized CITY of the total costs charged to the project, less the credits provided for in this Agreement, and less any amounts covered by progress billings. IIowever, the CITY shall not pay final bills which exceed the estimated cost of this Agreement without documentation of the reason for the increase of the said cost from the OWNER and approval of documentation by CITY. Except, if the final bill exceeds the OWNER'S estimated cost solely as the result of a revised Notice to Owner as provided for in Section 1, a copy of said revised Notice to Owner shall suffice as documentation. In either case, payment of the amount over the estimated cost of this Agreement may be subject to allocation and/or approval by the California Transportation Commission." Page 3 of 4 UTILITY AGREEMENT (Cont.) Rw 13-5(Rev 4I2000) 11TILITY AGREEMENT No, 1 21467 "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 concurrence of CITY." "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 audits by CITY and/or Federal auditors. Owner agrees to comply with Contract Cost Principles and Procedures as set forth in 48 CFR, Chapter 1, Part 31, et seq., 23CFR, Chapter 1, Part 645 and/or 18 CFR, Chapter 1, Parts 101, 201, et al. If a subsequent CITY and/or Federal audit determines payments to be unallowable, OWNER agrees to reimburse CITY upon receipt of CITY billing." V. GENERAL CONDITIONS "All costs accrued by OWNER as a result of CITYS request of March 31, 2009 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 CITYS project which precipitated this Agreement is canceled or modified so as to eliminate the necessity of work by OWNER, CITY will notify OWNER in writing and CITY reserves the right to terminate this Agreement by Amendment. The Amendment shall provide mutually acceptable terms and conditions for terminating this Agreement-" "All obligations of CITY under terms of this Agreement arc subject to the passage of the annual Budget Act by the CITY Legislature and the allocation of those funds by the California Transportation Commission." "Owner shall submit a Notice of Completion to the CITY 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 by reference;provided, however, that the provisions of any agreements entered into between the CTTY and the OWNER pursuant to CITY law for apportioning the obligations and costs to be borne by each, or the use of accounting procedures prescribed by the applicable Federal or CITY regulatory body and approved by the Federal Highway Administration, shall govern in lieu of the requirements of said 23 CFR 645" J Page 4 of 4 UTILITY AGREEMENT (Cont.) RW 13-5(Rev 4/2000) TJTIT,TTY AGREEMENT N0. 214G7 THE ESTIMATES COST TO CITY FOR ITS SFARE OF THE ABOVE-DESCRIBED WORK 1S$38,775.45. _ CERTIFICATION OF FUNDS W - I hereby certify upon my own personal knowledge that budgeted fluids FUND TYPE EA AMOUNT are available for the period and purpose o1 the expendil ure shown here: Design Funds _ _ Construction Funds S RW Funds 455701 $38,1 15.45 HQ Accountin Officer Date ITEM CT-TAP STAT FY AMUUN'1' IN WITNESS WHEREOF, the above parties have executed this Agreement the day and year above written. CITY: OWNER: By� / /0 By; David H. Ready Date a7AL-5 L - 1WF��=c7 Date City Manager Name/Title �y1�}F Fk�1Czr �F CEjj(!H L7F 6i'AY/ APPROVED BY CITY COUNCIL i Fi r_rzu :�G ia/W ATTESTED BY: gy; Zbf� ames Thompson Da c Date City Cleric ame/Title f�!-FY rI]!l d2/✓ DO NOT WRITE BELOW-FOR ACCOUNTING PURPOSE'S ONLY PLANNING AND MANAGEMENT TO COMPLETE UNSf1A17C1)f'12LDS- _ UTILITY COMPLETL•5: T DocuMENT SuF CHG SUE SPECIAL ~..013J ➢OT.T.AR CODE NUMBER FIX DIST UNIT DIST EA JOB ➢ESIGNATION FFY FA J CODE AMOUNT LIA . UA -- -- - - - - EA FUNDING VERIFIED: REviLw/REQuLST FUNDING; Simn:a Sign: ___ Prints Printa R/W Planning and Management Date Utility Coordinator Date Distribution: 4 originals to R/W Accountlne ADA NoELe For individuals with disabilities,this document is available in alternate formats. For information call(916)654-5413 Voice,CRS. 1-500.735.2929,or write Right of Way,3120 N Street,MS-37,Sacramento,CA 95514.