HomeMy WebLinkAbout02722 - SCE EDISON UTILITY OWNERSHIP AD 155 ARACT FOR EXTENSION OF ELECTRIC LINE
UNDERGROUND WITHIN A NEW COMMERCIAL/INDUSTRIAL DEVELOPMENT
RULE NO. 15.2
This Contract, issued this 20th day of February 19 91 , is made between SOUTHERN
CALIFORNIA EDISON COMPANY, a corporation (hereinafter referred to as "Edison"), and
CITY OF PALM SPRINGS, AD 155
(hereinafter referred to as "Applicant".)
RECITALS:
Applicant has requested Edison, pursuant to Edison's Rule No. 15.2, to provide for the extension of
underground electric distribution lines within and up to 200 feet outside Applicant's proposed new
commercial and/or industrial development consisting of two or more enterprises located in the County of
RIVERSIDE . State of California (hereinafter referred to as the
"Project"), substantially described as follows:
Tract No. 23764 recorded in Book No.
Page No. of Maps, records of said County, and consisting of
Lot Nos. 1 thru 36
or further described as Mesquite Ave. , S/O Sunny Dunes between
Crossley Road and San Luis Rey.
and as shown on said tract or survey map which by this reference thereto is hereby
made a part hereof.
In consideration of the above recitals and of the mutual promises and covenants contained in this
Contract, the parties named above agree as follows:
1. Edison shall install the underground electric line extension within and up to 200 feet outside
the boundary of the Project, provided Edison has the legal right to occupy public streets, roads, and
highways necessary for the construction, operation, and maintenance of such extension, or has first
obtained rights of way therefor on public lands and private property satisfactory to and without cost to
or condemnation by Edison, subject to the terms of this Contract.
2. Within the Project and for up to 200 feet of electric line extension outside the Project,
Applicant shall, in accordance with Edison's specifications and timing requirements, perform the necessary
trenching, excavating and backfilling, including furnishing of any imported backfill material required,
and shall furnish, install and transfer ownership to Edison of any substructures and conduit required
other than the conduit portion of cable-in-conduit, or Applicant shall pay to Edison, as specified herein
and before start of construction, Edison's estimated-installed costs thereof and any such substructures
and conduits which Edison had previously installed at its own expense in anticipation of the current
extension. Any necessary riser conduit, conduit covering, and miscellaneous riser material required for
the supply circuit shall be furnished or paid for by Applicant and shall be installed by Edison.
3. Service connections to furnish electric service to prospective customers and individual appli-
cants within the Project shall be installed pursuant to Edison's Rule No. 16, "Service Connections and
Facilities an Customer's Premises".
4. Electric line extensions in excess of 200 feet outside the boundaries of the Project shall be
installed pursuant to Edison's Rule No. 15, "Line Extensions".
S. Street lighting and electric line extensions within the Project solely for service to street
lighting equipment shall be installed in accordance with the appropriate tariff schedule. Electroliers
shall be located at points determined by the governmental agency having jurisdiction over streets to be
dedicated to that agency or by Applicant for privately owned and maintained streets open to and used by
the general public.
6. Said electric line extensions and any street lighting system installed by Edison shall be and
remain the property of Edison.
1. Title to and ownership of any portion of the electric line extension and other facilities
installed hereunder which are to be owned, maintained, and operated by Edison as provided by Edison's
Rules, shall vest in Edison. Applicant does hereby agree that immediately upon completion of and
acceptance by Edison of any Applicant-installed facilities, title to each and every component part thereof
shall immediately pass to Edison free and clear of all liens and encumbrances, without further action upon
the part of Applicant.
SCE 1446a NEW 3/G9 (CW)
G860324.03 1 ORIGINAL
6 11b
.. 8. Edison will, at its expense, provide for the installation of the underground distribution system
within the Project and any portion of the supply circuit which may extend beyond the boundaries of the
Project to Edison's existing supply facilities that is not in excess of 200 feet, including any circuit
needed to bring underground lines up to existing overhead line level. Edison will provide for the instal-
lation of only those facilities that, in Edison's judgment, will be used within a reasonable time to
service permanent loads within the Project.
9. Applicant shall advance a refundable amount of $ 9 , 897. 1G for Edison's estimated cost
of, including but not limited to, risers and necessary conduits and substructures installed by Edison at
its own expense in anticipation of the current extension.
10. Edison's total estimated-installed cost of any Apg licant-furnished facilities including the
refundable amount set forth in Paragraph 9 is $ 4 5 , 2 4 4. 1 b Such amount includes the conduit and
other substructures to be installed and deeded to Edison except for vaults or enclosures designed to
accommodate transformers that will supply three-phase service.
11. Where mutually agreed upon by Edison and Applicant, Applicant shall perform additional work or
install additional facilities in accordance with Edison' s specifications, timing, and applicable tariffs.
Edison shall reimburse Applicant Edison' s estimated installed cast of such facilities and work by applying
a credit first toward the nonrefundable amounts and then toward the refundable amount due herein, not to
exceed the nonrefundable and refundable amounts. Any amount not so credited shall be reimbursed to
Applicant upon acceptance of the work and facilities by Edison.
12. The total amount to be paid by Applicant to Edison concurrently with the execution hereof shall
be $ 0 which is the sum of the refundable advance and nonrefundable amount required here-
under less any amount credited according to Paragraph 11 above. The refundable and nonrefundable amounts
in this Contract include an income tax component of contribution and are calculated to be as shown below:
Description Amount
a. Non-Refundable Billing 90. 44
b. PLUS Refundable Billing 9 , 897. 16
c. LESS Reimbursable Credit 21, 908 . 00
d. Total Customer Billing 0
e. OR Total Customer Credit 11, 920 . 40
13. The refundable amount set forth in Paragraph 9 herein shall be subject to refund, without
interest, in accordance with Section 8.1. , Rule No. 15.2 as follows:
(a) The billed revenue for the first 12-month billing period following completion date of the
installation (from sales to permanent customers within the development conected to the extension) will be
compared as a percentage to Edison's estimate of the installed cost of the facilities to be owned by
Edison, excluding transformers, meters, services, excavating, and backfilling; which cost is agreed to be
$ 10 4 , 4 8 3 . 1,
This percentage applied to the amount subject to refund will determine the amount
of refund to be paid promptly to Applicant without interest, except no refund will be made if such
revenue is less than 25 percent of cost.
(b) Such revenues for each of the second and third 12-month billing periods will similarly be
compared with said estimated-installed cost and additional refunds made if and to the extent the total
refund then due exceeds the amount already refunded.
(c) No payment will be made by Edison in excess of the amount subject to refund, nor after the final
refund based on the third 13-month billing period following the completion date which is the date Edison
is first ready to render service from the extension.
14. Applicant warrants that all work and/or equipment furnished or installed by Applicant or its
contractor shall be free of defects in workmanship and material. The warranty period shall begin from the
date of final acceptance by Edison and extend for one year. Should the work develop defects during that
period, Edison, at its election, shall either (a) repair or replace the defective work and/or equipment,
or (b) demand that Applicant repair or replace the defective work and/or the equipment and, in either
event, Applicant shall be liable for all costs associated with such repair and/or replacement. Applicant,
upon demand by Edison, shall promptly correct, to Edison's satisfaction and that of any governmental
agency having jurisdiction, any breach of any warranty.
G860324.03 -2-
15. Applicant shall, at% own cost, defend, indemnify and hllddhharmless Edison, its officers,
agents, employees, assigns and successors in interest from and against any and all liability, damages,
losses, claims, demands, actions, causes of action, costs including attorney's fees and expenses, or any
of them, resulting from the death or injury to any person or damages to any property caused by Applicant
or its contractor and employees, officers or agents of either Applicant or its contractor, or any of then,
and arising out of the performance or nonperformance of their obligations under this Contract.
16. This Contract is subject to the applicable provisions of Edison's tariffs, including Rule No.
15.2, filed with and authorized by the California Public Utilities Commission.
17. This Contract shall, at all times, be subject to such changes or modifications by the Public
Utilities Commission of the State of California, as said Commission may, from time to time, direct in the
exercise of its jurisdiction.
18. This Contract shall not be effective unless it is (i) executed and delivered by Applicant to
Edison together with payment required hereunder within 90 days of the date first written above, and (ii)
accepted by Edison. This Contract shall then be effective on the date executed by Edison and shall take
effect without further notice to Applicant.
19. Notwithstanding Paragraph No. 18 above, when applicable, if the Applicant does not commence
installation of any Applicant-installed facilities (i.e. acts beyond mere preparation) within one year
from the effective date of this Contract, Edison may, at its discretion, revise the basis of its estimates
and recalculate the refundable, nonrefundable, and reimbursable amounts set forth herein.
20. The completion date requested by Applicant is
IN WITNESS WHEREOF, the parties hereto have executed this Contract.
(Print or Type, except for Signature)
Corporate o(a,
CITY OF PALM
Individual SPRINGS SOUTHERN CALIFORNIA EDISON COMPANY
1
(Name of d Re r sentative) District Manager (Signature)
Title � Y1i /� `ham LES D. KOVALCIK
Signature PALM SPRINGS
District
Mailing Address
Date Executed:
Date Edison First Ready to Serve
Telephone Number
w.o. No. 6779-2502 8-2529
Assoc. W.O. No(s). *6479-4319 1-4013
All pricas quoted anelcrveri'LL erf are
app!icab!a for a period of ninety(S5)
days, and are sut;=t to chsro the,c<l�or
APPROVED BY THE CITY COUNCIL
BY RES. NO.
G860324.03 -3-
.NTRACT FOR EXTENSION OF ELECTRIC LINE So. Calif. Edison Co.I AD 155 - Exten Electric Lir
UNDERGROUND WITHIN A NEW COMMERCIAL/INDUSTRIAL D 'HoPMI AGREEMENT #2722
RULE k0. 15.2 R16785, 6-7-89
This Contract, issued this 20th day of February 19 91 , is made between SOUTHERN
CALIFORNIA EDISON COMPANY, a corporation (hereinafter referred to as "Edison") , and
CITY OF PALM SPRINGS, AD 155
(hereinafter referred to as "Applicant".)
RECITALS:
Applicant has requested Edison, pursuant to Edison's Rule No. 15.2, to provide for the extension of
underground electric distribution lines within and up to 200 feet outside Applicant's proposed new
commercial and/or industrial development consisting of two or more enterprises located in the County of
RIVERSIDE , State of California (hereinafter referred to as the
"Project") , substantially described as follows:
Tract No. 23764 recorded in Book No. ,
Page No. of Maps, records of said County, and consisting of
Lot Nos. 1 thru 36
or further described as Mesquite Ave. , SIO Sianny Dunes between
Crossley Road and San Luis Rey.
and as shown on said tract or survey map which by this reference thereto is hereby
made a part hereof.
In consideration of the above recitals and of the mutual promises and covenants contained in this
Contract, the parties named above agree as follows:
1. Edison shall install the underground electric line extension within and up to 200 feet outside
the boundary of the Project, provided Edison has the legal right to occupy public streets, roads, and
highways necessary for the construction, operation, and maintenance of such extension, or has first
obtained rights of way therefor on public lands and private property satisfactory to and without cost to
or condemnation by Edison, subject to the terms of this Contract.
2. Within the Project and for up to 200 feet of electric line extension outside the Project,
Applicant shall, in accordance with Edison' s specifications and timing requirements, perform the necessary
trenching, excavating and backfilling, including furnishing of any imported backfill material required,
and shall furnish, install and transfer ownership to Edison of any substructures and conduit required
other than the conduit portion of cable-in-conduit, or Applicant shall pay to Edison, as specified herein
and before start of construction, Edison's estimated-installed costs thereof and any such substructures
and conduits which Edison had previously installed at its own expense in anticipation of the current
extension. Any necessary riser conduit, conduit covering, and miscellaneous riser material required for
the supply circuit shall be furnished or paid for by Applicant and shall be installed by Edison.
3. Service connections to furnish electric service to prospective customers and individual appli-
cants within the Project shall he installed pursuant to Edison's Rule No, 16, "Service Connections and
Facilities on Customer's Premises".
4. Electric line extensions in excess of 200 feet outside the boundaries of the Project shall be
installed pursuant to Edison's Rule No. IS, "Line Extensions-.
5. Street lighting and electric line extensions within the Project solely for service to street
lighting equipment shall be installed in accordance with the appropriate tariff schedule. Electroliers
shall be located at points determined by the governmental agency having jurisdiction over streets to be
dedicated to that agency or by Applicant for privately owned and maintained streets open to and used by
the general public.
6. Said electric line extensions and any street lighting system installed by Edison shall be and
remain the property of Edison.
7. Title to and ownership of any portion of the electric line extension and other facilities
installed hereunder which are to be owned, maintained, and operated by Edison as provided by Edison's
Rules, shall vest in Edison. Applicant does hereby agree that immediately upon completion of and
acceptance by Edison of any Applicant-installed facilities, title to each and every component part thereof
shall immediately pass to Edison free and clear of all liens and encumbrances, without further action upon
the part of Applicant.
SCE 14-2G8 NEW 3189 (CW)
G860324,03
0 •
8. Edison will, at its expense, provide for the installation of the underground distribution system
within the Project and any portion of the supply circuit which may extend beyond the boundaries of the
Project to Edison's existing supply facilities that is not in excess of 200 feet, including any circuit
needed to bring underground lines up to existing overhead line level. Edison will provide for the instal-
lation of only those facilities that, in Edison's ,judgment, will be used within a reasonable time to
service permanent loads within the Project.
9. Applicant shall advance a refundable amount of $ 9 , 897 . 16 for Edison's estimated cost
of, including but not limited to, risers and necessary conduits and substructures installed by Edison at
its own expense in anticipation of the current extension.
10. Edison's total estimated-installed cost of any Applicant-furnished facilities including the
refundable amount set forth in Paragraph 9 is $ 45 , 24 4. 1 b Such amount includes the conduit and
other substructures to he installed and deeded to Edison except for vaults or enclosures designed to
accommodate transformers that will supply three-phase service.
11. Where mutually agreed upon by Edison and Applicant, Applicant shall perform additional work or
install additional facilities in accordance with Edison's specifications, timing, and applicable tariffs.
Edison shall reimburse Applicant Edison's estimated installed cast of such facilities and work by applying
a credit first toward the nonrefundable amounts and then toward the refundable amount due herein, not to
exceed the nonrefundable and refundable amounts. Any amount not so credited shall he reimbursed to
Applicant upon acceptance of the work and facilities by Edison.
12. The total amount to be paid-by Applicant to Edison concurrently with the execution hereof shall-
be $ 0 which is the sum of the refundable advance and nonrefundable amount required here-
under less any amount credited according to Paragraph 11 above. The refundable and nonrefundable amounts
in this Contract include an income tax component of contribution and are calculated to be as shown below:
Description Amount
a. Non-Refundable Billing 90 . 44
It. PLUS Refundable Billing 9 , 897 . 16
C. LESS Reimbursable Credit 21, 908 . 00
d. Total Customer Billing 0
e. OR Total Customer Credit 11, 920 . 40
13 The refundable amount set forth in Paragraph 9 herein shall be subject to refund, without
interest, in accordance with Section B.1. , Rule No. 15.2 as follows:
(a) The hilled revenue for the first 12-month billing period following completion date of the
installation (from sales to permanent customers within the development conected to the extension) will be
compared as a percentage to Edison's estimate of the installed cost of the facilities to be owned by
Edison, excluding transformers, meters, services, excavating, and backfilling; which cost is agreed to he
$ 10 4 , 4 8 3. 1 6 This percentage applied to the amount subject to refund will determine the amount
of refund to be paid promptly to Applicant without interest, except no refund will be made if such
revenue is less than 25 percent of cost.
(b) Such revenues for each of the second and third 12-month billing periods will similarly be
compared with said estimated-installed cost and additional refunds made if and to the extent the total
-refund then due exceeds the amount already refunded.
(c) No payment will be made by Edison in excess of the amount subject to refund, nor after the final
refund based on the third 12-month billing period following the completion date which is the date Edison
is first ready to render service from the extension.
14. Applicant warrants that all work and/or equipment furnished or installed by Applicant or its
contractor shall be free of defects in workmanship and material. The warranty period shall begin from the
date of final acceptance by Edison and extend for one year. Should the work develop defects during that
period, Edison, at its election, shall either (a) repair or replace the defective work and/or equipment,
or (b) demand that Applicant repair or replace the defective work and/or the equipment and, in either
event, Applicant shall be liable for all costs associated with such repair and/or replacement. Applicant,
upon demand by Edison, shall promptly correct, to Edison's satisfaction and that of any governmental
agency having jurisdiction, any breach of any warranty.
6860324.03 -2-
15. Applicant shall, a* own cost, defend, indemnify and he0harmless Edison, its officers,
agents, employees, assigns and successors in interest from and against any and all liability, damages,
losses, claims, demands, actions, causes of action, casts including attorney s fees and expenses, or any
of them, resulting from the death or injury to any person or damages to any property caused by Applicant
or its contractor and employees, officers or agents of either Applicant or its contractor, or any of them,
and arising out of the performance or nonperformance of their obligations under this Contract.
16. This Contract is subject to the applicable provisions of Edison's tariffs, including Rule No.
15.2, filed with and authorized by the California Public Utilities Commission.
17. This Contract shall, at all times, be subject to such changes or modifications by the Public
Utilities Commission of the State of California, as said Commission may, from time to time, direct in the
exercise of its jurisdiction.
18. This Contract shall not be effective unless it is (i) executed and delivered by Applicant to
Edison together with payment required hereunder within 90 days of the date first written above, and (ii)
accepted by Edison. This Contract shall then be effective on the date executed by Edison and shall take
effect without further notice to Applicant.
19. Notwithstanding Paragraph No. 18 above, when applicable, if the Applicant does not commence
installation of any Applicant-installed facilities (i.e. acts beyond mere preparation) within one year
from the effective date of this Contract, Edison may, at its discretion, revise the basis of its estimates
and recalculate the refundable, nonrefundable, and reimbursable amounts set forth herein.
ED. The completion date requested by Applicant is
IN WITNESS WHEREOF, the parties hereto have executed this Contract.
(Print or Type, except for Signature)
Corporate or CITY 0 PALM SPRINGS
Individual ame SOUTHERN CALIFORNIA E7D.I�S.O�N"f/i��COMPANY
(Name of t d Re r sentat ive) 'strict�ge 4—sg(Signature)
Title y)I t-r �.1 ` LES D. KOVALCIK
Signature PALM SPRINGS
Distract
Mailing Address City Clerk, City Of ratTpg
Palm Springs, P.O. Box 2743 Date Executed:
Palm Springs, CA 92263
Date Edison First Ready to Serve
Telephone Number
W.O. No. 779-2502 8-2529
Assoc. W.U. Nc(s) . *6479-4319 1-4013
i,.iI Prices q uotd 2ndlcr vvrE'iti c re
aj)PUCCUs tar a psl-M cfi nimcty(9 )
c uy , and are" L.aci io c(�snga Lh
APPROVED BY THE CITY COUNCIL
BY Rp.S. NO. A, 1-7X-'9
z 7a L
GS60324.03 -3-