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HomeMy WebLinkAboutA5893 - SOUTHERN CALIFORNIA EDISON INDIAN CYN/I-10 INTCHG UTILITY RELOCATION AGR STATE OF CALIFORNIA•DEPARTMENT OF TR._ANSPORTATiON Page 1 of 4 UTILITY AGREEMENT RW 13.5(Rev 4/2000) District County Route PM EA 08 Riverside 10 32,6/33.7 455701 Federal Aid No.: n/a REf Urrl�Al TO: �[ r1 Fj t�`( r" Owner's File: 800310444 CI I r'UF'rAlly,SPHINuS -6)X 2743 Federal Participation: On the Project [X] Yes [ ] No CA 92253 On the Utilities [ ] Yes [X] No � /tR� UTILITY AGREEMENT NUMBER 21532 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," awns and maintains 115kV overhead electrical and transmission poles along the north of Garnet Avenue, in addition to an anchor pole on the south of Garnet Avenue, within the limits of CITY'S project which requires relocation to accommodate CITY'S project It is hereby mutually agreed that: I. WORK To BE DONE "In accordance with Notice to Owner No. 21532 dated August 27. 2009, OWNER shall remove the existing hree (3) wooden poles and replace with two (2) tubular steel poles, in addition to the relocation of an anchor pole for the 115kV overhead electrical facilities. All work shall be performed substantially in accordance with OWNER'S Plan No. 5129109 dated May_22. 2009 consisting of 3 sheets, a copy of which is on file in the District office of the Department of Transportation at 464 W. 41h 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 under 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 wort: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 5.0 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 1 UTILITY AGREEMENT (Cont.) RW 13.5(Rev 4/2000) UTILITY ACRDE,7 77 N0. 21532 "Use of out-of-state personnel or personnel requiring lodging and heal ("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 Tndustrial Relations dated October 23, 2002, work performed by OWNER'S contraetpr 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 m 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 alter 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 3D 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. However, 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 I, 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.) RIV 1.3-5(Rev 412000) UTILITY AGREEMENT NO. 21532 "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 T 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, ct al. If a subsequent CITY and/or Federal audit determines payments to be unallowable, OWNER agrees to reimburse CITY upon receipt of CITY billing." "it is understood that the relocation as herein contemplated includes betterment to OWNER's facilities by reason of increased capacity in the estimated amount of$70.837.00 (which represents 210/8 of the estimate dated July 6, 2009. Said 211/6 shall be applied to the actual and necessary cost of work done), and OWNER shall credit the CITY for the actual and necessary cost of said betterment, all of the accrued depreciation and the salvage value of any materials or parts salvaged and retained by OWNER." V. GENERAL CONDITIONS "Fill costs accrued by OWNER as a result of CTTY'S 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 CITY'S 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 CTTY reserves the right to terminate this Agreement by Amendment. The Amendment shall provide mutually acceptable terms and conditions for terminating this Agreement." "Fill obligations of CITY under terms of this Agreement are 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 CITY 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." F Page 4 of 4 UTILITY .AGREEMENT (Cont.) RW 13-5(Rev V2000) _ UTILITY AGREEMENT NO- I 21532 THE ESTIMATES COST TO CITY FOR ITS SHARE OF THE ABOVE-DESCRTBE1)WORK IS$166,367.62. CERTIFICATION OF FUNDS I hereby certify upon my own personal knowledge that budgeted funds FUND TYPE EA AMOUNT are available for the period and purpose of the expenditure shown here: Design Funds $ Construction $ Funds -. .. . RW Funds 455701 $166,W7.62 HQ Accountin Officcr Date - ITEM CHAP STAT FY AMOUNT IN WITNESS WHEREOF, the above parties have executed this Agreement the day and year above written. CITY: OWNER: David H. Ready Date ate City Manager Name/Title MFl/J/+C-rGic OFr=i�i i�r lIJ'`Iy APPROVED BY CITY COUNCIL ATTESTED BY: s T on DS �� Y 2 /mil Date Baye dfs 1tm Clerk Name/Title AO NOT WRITE BELOW- FOR ACCOUNTING PURPOSES ONLY PLANNING AND MANACEMENr TO COMPLETE UNSHADED FIELDS: UTLLITY COMPLETES: T Docum= Sur CHG SUB SPECIAL CO DOLLAR UA ' "' CODE NUMBER FTX ➢IST UNIT DIST EA_ _ JOB DESIGNATION I= FA CODE AMOUNT UA — EA FuNDDVG VERIFIED: REViLw/REQUEST FUNDING: Sign:? Sign:n Print> Pri nt> R/W Planning and Management `Date Utility Coordinator Date Distribution: 4 originals to R/W Accounting ADA Notice For individuals with disabilities,this document is available in alternate formats. For information call(916)654.5413 Voice,CRS: 1-800-735-2929,or write Right of Way, 1120 N Street,MS-37,Sacramento,CA 95814.