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Home My WebLink About05891 - SOUTHERN CALIFORNIA GAS CO UTILITY RELOCATION Kathie Hart From: Savat Khamphou Sent: Tuesday,July 05, 2016 9:07 AM To: Tabitha Richards; George Farago;Gianfranco Laurie Cc: Kathie Hart;Vonda Teed Subject: RE:A5891-California, State of and S CA Gas (/ \V l� You may close it. �\ Savat Khamphou ^�"2 City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 � ll`I 1 (760) 323-8253 Ext. 8744 (office) CALIFORMIA (760) 219-5404 (cell) Savaf.Khamphou(c?PalmSpringsCA.gov Like no place else. From: Tabitha Richards Sent: Monday, July 04, 2016 9:32 AM To: George Farago; Savat Khamphou; Gianfranco Laurie Cc: Kathie Hart; Vonda Teed Subject: FW: A5891 - California, State of and S CA Gas Is there any reason we still need to leave this file open? I believe Carrie's request below was because internal reimbursement/billings were still taking place. Please advise. Thank you, Tabitha Richards Executive Administrative Assistant Phone: 760-323-8202 Email:Tabitha.Richards@palmsprinasca.doy From: Kathie Hart Sent:Tuesday,June 21, 2016 2:36 PM To: Tabitha Richards<Tabitha.Richards@palmsprings-ca.Rov>; Vonda Teed <Vonda.TeedVonda.Teed@palmsprings-cagovcagov> Subject:A5891 -California, State of and S CA Gas This is for Relocate Gas Facilities, 1-10& Indian Interchange CP 00-14. This was approved in 2009, and in Nov. 2014 Carrie told me to keep it open. Now that it is 2016,ok to close agreement file? Cathie Kathie Hart, MMC Chief Deputy City Clerk t STATE OF CALIFORNIA•DEJ'ARTMPNT OF'TRANSPORTATION Page 1 of 4 UTILITY AGREEMENT RW 13,5(Rev A/2000) District Countv Route PM EA 08 Riverside 10 32.6/33-7 455701 Federal Aid No.: n/a Owner's File: wi'1926144 Federal Participation: On the Project [X] Yes [ ] No On the Utilities [ ] Yes [X] No UTILITY AGREEMENT NUMBER 21468 DATE The City of Palm Springs, hereinafter called"CITY"proposed to upgrade the existing Indian Canyon Drive (formerly Indian Avenue) interchange. and Southern California Gas Company hereinafter cailed"OWNER," owns and maintains a 4-inch steel gas main along the east of Indian Canyon Drivc to 0arnet Avenue, along the south of Garnet Avenue (within the intersection), and along the west of Indian Canyon Drive Beading south 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 acr-ordancc with Notice to Owner No. 21468 dated August 21. 2009, OWNER shall relocate and lower the glq facilitics. All work shall be performed substantially in accordance with OWNER'S Plan No.wrl92614-1 dated Mav 18. 2009 consisting of 1 sheet, a copy of which is on file in the District office of the Department of Transportation at 464 W. 41h_Streot, 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 0 WNER'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 velocated at 50% CITY expense and 50% OWNER expense in accordance with Section 5_C of the Master Contract dated November 1, 200,1. III. PERFORMANCE OF WORK "OWNER agrees to perform the herein described work with its own farces 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." 4 i Page 2 of 4 "UTILITY AGREEMENT (Ccmt.) RW 13.;(Rev 4/2000) UTILITY AGREEMTNT No. 1 21468 "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 cscccd 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 witlun 360 days after the completion of the work described in Section f 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 bas 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. 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." r � Page 3 0£4 UTILITY AGREEMENT (Cent.) RW 13-5(Rev 4/2000) UTTLITY AGMf:N7 ENT No. 21468 "In any event if the final bill exceed, 125% of the estimated cost of this Agreement, an Amended Agreement shall be executed by the parties to this Agreement prior to the payinent of the OWNER'S final bill. Any and all increases in casts that are the direct result of deviations from the work described in Section I oFthis 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 CITY'S request of N12rch 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 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 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 born by each, or the use of accounting procedures prescribed by the applicable Federal or CITY regulatory body and approved by the Federal Ilighway Administration, shall govern in lieu of the requirements of said 23 CFR 645" Pagc 4 of 4 UTILITY AGREEMENT (CMat.) RW I3-5(Rev-112000) UTILITYACREZ:,ivrENT No. ?1465 THE 75TIViATES COST TO CITY FOR ITS SHARE OF THE ABO'V E-DESCRIBET)WORE{IS$61,930.00- CERTIFICATION OF FUNDS I hereby certify upon my own personal knowledge that budgeted funds FUND TZ'PE EA. A-mouNT are available Cot'the period and purpose oFthe expenditure shown here: Design Funds $ Construction Funds $ RW Funds 455701 S 61,00- T-TQ ACCountin Officer Date ITEM CHAP STAT FY AmOUNT IN WITNESS WHPREOF, the above parties have executed this Agreement the day and year above written. CITY: OWNER: ea�'P��rV <:/r By: David H. Ready Date Datc City Manager Name/Titic ATTESTED BY: - c ~ :B s2 01 zdc Sy .� mes'Ihoulpson Date Date ity Cr N me('1'itle DO NOT WRITE BELOW- FOR ACCOUNTING PURPOSES ONLY PLANNINGAND MANAGMaNT TO COMPLCTE UNSHADED FIELDS, UTILITY COMPLETES: T DOCUMENT SUF CHG SUB SPECIAL OBJ DOLLAR CODE NUMBER FIX DIST UNIT DIST EA JOB DESIGNATION I'FY FA CODE AMOUNT UA UA EA FUNDTNG VERIFIED: REVIEW/REQUEST FUNDTNO: Sign;? Sign; Printer Prints R/W Planning and Management Date Utility Coordinator Date Distribution: 4 originals to RJW Accounting ADA Notice For individuals with disabilities,this document is available in alternate Formals. For information call(916)654.5413 Voice,CRS: 1.800.735-2929,or writ ight o£Way, 1120 N Str(wh 1\JS-37,Sacramento,CA 95814. A°PROVED EY CITY COUNCIL