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Home My WebLink AboutC24460A - SCE PD HighlandsContract No. C24460A CITY OF PALM DESERT CITY MANAGERS OFFICE STAFF REPORT TO: Honorable Mayor and City Council Members SUBJECT: PALM DESERT HIGHLANDS UNDERGROUNDING ASSESSMENT DISTRICT NO. 04-01, SOUTHERN CALIFORNIA EDISON WORK ORDER NO. REL05125196, J.O. # 3629. SUBMITTED BY: Patrick Conlon, Special Projects Administrator DATE: August 24, 2006 ATTACHMENTS: 1) Southern California Edison's Agreement for Replacement of Overhead Distribution and Telecom Facilities with Underground Facilities CRE File No. REL 05125196. RECOMMENDATION By Minute Motion: 1. Approve the above Southern California Edison (SCE) work order for the above undergrounding work in the amount of $815,853.45. 2. Authorize the Director of Finance to appropriate $815,853.45 from unobligated Assessment District No. 04-01 bond funds. DISCUSSION This approval is necessary to fund the work to be performed by SCE in this undergrounding assessment district. SCE will be installing all wiring, cable, and transformers, and will be removing the overhead wires and poles. If you have any questions, please contact Patrick Conlon. Submitted by: Tat& Patrick Conlon Special Projects Administrator rrAA.. I M/ Approved by: Carlos rte City Manager CITY COUNCIL TION: APPROVED DENIED RECEIVED OTHER,,.m,,. Paul Gibson MEETING D� E Director of Finance AYES = MZZ �[� ....... ABSENT • . 1V . gr p 8 'qgfC ED BY • , V I A_i li . r �� G:1Cit JaneStanleylWordFlletlParConlonlRc orrr&MemorlNi hlandrSCEworko Original on File wi City Clerk's Office Contract No. C24460A CITY OF PALM DESERT CITY MANAGERS OFFICE STAFF REPORT TO: Honorable Mayor and City Council Members SUBJECT: PALM DESERT HIGHLANDS UNDERGROUNDING ASSESSMENT DISTRICT NO. 04-01, SOUTHERN CALIFORNIA EDISON WORK ORDER NO. REL05125196, J.O. # 3629. SUBMITTED BY: Patrick Conlon, Special Projects Administrator DATE: August 24, 2006 ATTACHMENTS: 1) Southern California Edison's Agreement for Replacement of Overhead Distribution and Telecom Facilities with Underground Facilities CRE File No. REL 05125196. RECOMMENDATION By Minute Motion: 1. Approve the above Southern California Edison (SCE) work order for the above undergrounding work in the amount of $815,853.45. 2. Authorize the Director of Finance to appropriate $815,853.45 from unobligated Assessment District No. 04-01 bond funds. DISCUSSION This approval is necessary to fund the work to be performed by SCE in this undergrounding assessment district. SCE will be installing all wiring, cable, and transformers, and will be removing the overhead wires and poles. If you have any questions, please contact Patrick Conlon. Submitted by: Q P rick Conlon Special Projects Administrator Appr by: Pau Gibson Director of Finance Approved by: Carlos rte City Manager G: ICi1~Vm a SmnkylWord FilesV'ot Conlon''AVorss & MrmmWighlmnds SCE work order 8-24-06 doc SOUTHERN CALIFORNIA EDISON An EDISON INTERNATIONAL Company City of Palm Desert 73 -5 10 Fred Waring Drive Palm Desert, CA 92260-2578 Attention: Mr. Pat Conlon Subject: Palm Village -Santa Rosa -Silver Spur Comm. Cable(09016) Relocation of Edison Distribution & Telecom Facilities Bel Air and Homestead, City of Palm Desert CRE File No. REL05125196, J.O.# 3629 January 4, 2006 As requested by the City of Palm Desert, the enclosed revised "Agreement for Replacement of Overhead Distribution and Telecom Facilities with Underground Facilities" (which now includes the ITCC Tax estimated amount) was prepared on a "Actual Cost Basis", in order to clear for future development at the subject location. The requested relocation will be done on an "Actual Cost Basis". Upon completion of all work, you will be refunded or billed the difference between the Estimated Deposit and the Actual Costs. Please review the enclosed agreement and have both originals fully executed by the City of Palm Desert, and forward one (1) fully executed original, along with the required deposit check in the amount of $815,953.45 (payable to Southern California Edison Company), to the address below, Attention: James A. Lee, Right of Way Agent, making reference to the "CRE File No. REL05125196. If you have any questions or need additional information, please contact me at (909) 944-4411. Sincerely, James A. Lee Right of Way Agent Corporatc Real Estate 9500 Cleveland Arc. # 100 Rancho Cucamonga. CA 91730 Fax: 909-944-4416 RECEIVED JAN 10 2006 CITY OF PALM DESERT CITY MANAGER AGREEMENT FOR REPLACEMENT OF OVERHEAD DISTRIBUTION AND TELECOM FACILITIES WITH UNDERGROUND FACILITIES CRE File # REL05125196 THIS AGREEMENT, made this 4th day of January 2006 between SOUTHERN CALIFORNIA EDISON COMPANY, a corporation, hereinafter called "EDISON" and The City of Palm Desert, hereinafter referred to as "PALM DESERT". WITNESSETH: WHEREAS, PALM DESERT has requested EDISON to replace EDISON'S existing overhead transmission & telecommunication lines and appurtenant facilities (hereinafter referred to as Electrical Facilities) with underground facilities to accommodate the development along Bel Air and Homestead, in the City of Palm Desert, County of Riverside, State of California; hereinafter referred to as Project Area; and WHEREAS, EDISON is the holder of certain easement(s) for its existing line(s) and appurtenant facilities; and WHEREAS PALM DESERT has agreed to pay EDISON on a Completed Cost Basis" for the installation of ducts and substructures, as well as to relocate and underground, all distribution and telecommunication facilities within the Project Area; said estimated costs having been determined by EDISON'S standard accounting practices and in accordance with CPUC Rule 2013; NOW, THEREFORE, it is mutually agreed by and between EDISON and PALM DESERT as follows, viz.: 1. RELOCATION OF ELECTRICAL FACILITIES. EDISON shall relocate and underground said Electrical Facilities within the Project Area in accordance with the schedule herein. 2. WORK TO BE PERFORMED BY EDISON. a) EDISON shall procure and install materials and provide all engineering work related to the relocation of said Electrical Facilities. b) EDISON shall secure the services of an accepted contractor to install cabling of distribution and telecommunication facilities. Upon acceptance of said facilities from the contractor, EDISON will be responsible for all further modifications and/or maintenance. c) EDISON shall remove its overhead Electrical Facilities after the underground facilities replacing said overhead facilities have been installed, energized, and placed into permanent service, and replacement rights have been provided by PALM DESERT. d) EDISON shall prepare a Joint Use Agreement for the underground facilities that will be installed outside of the existing Edison's easements. The document is currently being prepared for those locations where Edison's facilities area required to go outside of the existing EDISON easements, and will be forward to PALM DESERT for execution. -1- 3. WORK TO BE PERFORMED BY PALM DESERT. a) PALM DESERT, at no cost to EDISON, shall provide EDISON with any required street improvement or site plans reflecting the location of all existing and proposed underground structures and/or facilities. b) PALM DESERT at no cost to EDISON, but with EDISON'S cooperation, shall comply with the requirements of the California Environmental Quality Act (CEQA) and shall prepare any and all Environmental Impact Reports which may be required by any Agency having jurisdiction by Law. c) PALM DESERT shall pay for ducts, substructures installed by the contractor, and the cabling of ducts by EDISON, less the overhead equivalent. There is no credit for salvage. d) PALM DESERT, at no cost to EDISON, shall grant/secure all replacement rights and other documents required by EDISON and in a form acceptable to EDISON to effect the relocation of its facilities and to clear all encumbrance matters. e) PALM DESERT, at no cost to EDISON, shall replace and/or repair any and all landscaping, sidewalks, and walls that may have been destroyed by the installation of the ducts and substructures. fl PALM DESERT, at no cost to EDISON, shall secure the services of an accepted contractor to install all ducts and substructures system in accordance with the plans and specifications submitted by EDISON to PALM DESERT, subject to inspection and approval by EDISON. g) PALM DESERT to provide EDISON with "As -Built" drawings. h) Duct system is to remain water free for one year. i) PALM DESERT shall pay for cabling of distribution and telecommunication ducts by EDISON, less the overhead equivalent. There is no credit for salvage. j) PALM DESERT shall notify EDISON 48 hours prior to construction of or installation of the ducts and substructures in order that EDISON can schedule the required inspection of these ducts and substructures. k) PALM DESERT, at no cost to EDISON and subject to EDISON'S approval and acceptance, hereby grants to EDISON ownership of all Installed ducts and substructures. EDISON may approve and accept ownership of all Installed ducts and substructures without further action on the part of PALM DESERT - at the time EDISON inspects said facilities for the purpose of cable installation. PALM DESERT warrants and represents that the ownership of the installed ducts and substructures, and each and every component thereof as approved by EDISON will pass to EDISON free and clear of all Liens and encumbrances. 1) PALM DESERT shall assume all costs for preparation of documents as defined in Item 2d, above. m) PALM DESERT shall provide EDISON with a construction time schedule for the project. -2- 4. COST OF DESIGN, ENGINEERING AND ESTIMATES. EDISON hereby acknowledges receipt of $3,000.00 engineering advance, which shall be credited to those costs EDISON has incurred and will incur in the future for the work of design, engineering, cost estimates and material for the relocation of Electrical Facilities and the cost of construction, which includes the amount set forth in Item 5a of this Agreement. 5. TERMS AND METHOD OF PAYMENT. a) EDISON has estimated that the amount necessary to pay the costs associated with the relocation of Electrical Facilities will be $818,853.45. After crediting the engineering advance, a balance of $815,853.45 shall be paid by PALM DESERT to EDISON upon execution of this Agreement. [Coats Include Income Tax Component of Contribution (I.T.C.C.) for Contributions in Aid of Construction (C.I.A.C. j.] b) EDISON shall not be liable for any losses incurred by PALM DESERT caused by its delay in submitting final payment. c) EDISON'S ability to complete relocation of facilities is contingent upon EDISON being paid the final payment and securing Joint Use Agreement for said facilities. Said Joint Use Agreement to be granted without cost to EDISON. d) Upon receipt of all monies due and all replacement rights, EDISON will proceed in a timely manner to perform the relocation work. 6. ADDITIONAL WORK. If EDISON is required to relocate any facilities other than the work to be performed as set forth in Section 2, such additional work shall be performed on a "Completed Cost Basis" at PALM DESERT sole expense. 7. REPLACEMENT RIGHT OF WAY. City of PALM DESERT agrees to furnish or cause to be furnished all necessary replacement rights comparable to EDISON'S existing rights at no cost to EDISON and all necessary access for EDISON'S permanently relocated Electrical Facilities. EDISON will not begin construction until all required replacement rights have been executed and/or committed to, in writing, and presented to EDISON. 8. SCHEDULE OF WORK. EDISON proposes to have the relocated Electrical Facilities in operation by PALM DESERT, contingent upon mutually acceptable schedules, the timely obtaining of permits, licenses and other documents, outages or other key items and not being delayed by those uncontrollable forces described in item 11 herein. 9. FACILITIES TO REMAIN PROPERTY OF EDISON. All Electrical Facilities and appurtenances thereto installed by EDISON under this Agreement shall at all times be and remain the property of EDISON. -3- 10. INDEMNIFICATION CLAUSE. PALM DESERT agrees, for itself, and for its and their agents, contractors, and employees, to save harmless and indemnify EDISON, its officers, agents and employees, and its successors and assigns, from and against all claims, loss, damage, actions, causes of actions, expense and/or liability arising from or growing out of loss or damage to property, including EDISON'S own personal property, or injury to or death of persons, including employees of EDISON resulting in any manner whatsoever, directly or indirectly, by reason of this agreement for replacement of overhead with underground Electrical Facilities or the use of or occupancy of said Project Area by PALM DESERT, its agents, and employees, invitees, successors and assigns. 11. DELAY DUE TO UNCONTROLLABLE FORCES. EDISON shall not be responsible for any delay in their performance hereunder, including, but not limited to, EDISON'S relocation of Electrical Facilities and related work under this Agreement resulting from shortage of labor or materials, delivery delays, major equipment breakdown, load management, strikes, labor disturbances, war, riot, insurrection, civil disturbance, weather conditions, epidemic, quarantine restriction, sabotage, act of public enemy, earthquake, governmental rule, regulation or order, including orders or judgments of any court or commission, requirement of additional or separate Environmental Impact Reports requested by the California Public Utilities Commission (CPUC), delay in receiving a Certificate of Public Convenience and Necessity from the CPUC, delay in obtaining necessary rights of way, act of God or any cause or conditions beyond the control of EDISON or PALM DESERT. 12. PERMITS, CODES AND STATUTES. EDISON'S relocation of Electrical Facilities shall comply with the various applicable statutes, codes, regulations and ordinances and specifically in accordance with CPUC Rule 20B. 13. JURISDICTION OF PUBLIC UTILITIES COMMISSION. This Agreement shall at all times be subject to such changes or modifications as the California Public Utilities Commission may, from time to time, direct in the exercise of its jurisdiction pursuant to the authority conferred upon it by Law. 14. CHANGES. Any changes to this Agreement shall be made by supplement thereto and shall be executed on behalf of EDISON by the James A. Lee, Right of Way Agent, and on behalf of PALM DESERT, the designee as provided by the PALM DESERT. 15. NOTICES. Any notices provided in this Agreement to be given by either party hereto to the other shall be deemed to have been duly given when made in writing and deposited in the United States mail, registered or certified and postage prepaid, addressed as follows: To EDISON Southern California Edison Company, REO 9500 Cleveland, 16L Floor, Suite # 100 Rancho Cucamonga, CA 91730 Attention: James A. Lee, Right of Way Agent -4- To CITY OF PALM DESERT City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260-2578 Attention: Mr. Pat Conlon 16. TERMINATION. PALM DESERT shall have the right to terminate this Agreement on sixty (60) days prior written notice to EDISON for whatever reason. Except as otherwise provided, in the event of termination of this Agreement by PALM DESERT, EDISON shall be entitled to payment for all costs and expenses for material, services, labor, overhead, etc., incurred by EDISON to and including the date the notice of termination is received by EDISON and all costs and expenses required to effect the termination of this Agreement, including, but not limited to, all costs and expenses pertaining to the restoration or removal of EDISON'S Electrical Facilities, equipment and/or materials as well a cancellation of contracts, purchase orders, etc., between EDISON and all parties furnishing labor, materials and services made prior to the termination of this Agreement. At the option of EDISON, all materials paid for by PALM DESERT and procured by EDISON to effect said relocation may, upon termination of this Agreement, either be used by EDISON for other projects or be sold by EDISON as salvage. The net proceeds from the transfer of the materials to other EDISON projects or sale of the materials as salvage shall be deducted from the costs and expenses to be paid by PALM DESERT after deducting EDISON'S applicable administrative costs, material, transportation and conversion costs, taxes and other outlays or charges, associated with such a transfer or sale. Should the sum of EDISON'S costs and expenses exceed the sum of the amounts paid by PALM DESERT as provided herein, PALM DESERT shall pay to EDISON the difference between said sums upon submission of a final invoice. Should the sum of the amounts paid by PALM DESERT to EDISON as provided herein exceed the sum of EDISON'S costs and expense, EDISON shall refimd to PALM DESERT the difference between said sums upon submission of a final invoice. If PALM DESERT is in default of any of the terms, provisions, conditions, limitations and covenants of this Agreement, EDISON may give PALM DESERT written notice of default. If within thirty (30) days of receipt of such notice PALM DESERT does not cure such default, EDISON has the right, if it so desires, to terminate this Agreement upon thirty (30) days prior written notice to PALM DESERT. Except as otherwise provided, should such right of termination by EDISON be exercised, EDISON shall be entitled to payment for all costs and expenses for materials, services, labor, overhead, etc., incurred by EDISON to and including the date of termination and all costs and expenses required to effect the termination of this Agreement, including but not limited to all costs and expenses pertaining to the restoration or removal of EDISON'S Electrical Facilities, equipment and/or materials as well as cancellation of contracts, purchase orders, etc., between EDISON and all parties furnishing materials and services, made prior to the termination of this Agreement. 17. PREVIOUS COMMUNICATIONS. PALM DESERT Agreement contains the entire agreement and understanding between EDISON and PALM DESERT as to the subject matter of this Agreement and merges and supersedes all prior agreements, commitments, representations, and discussions between EDISON and PALM DESERT. Any agreement between persons employed by EDISON and PALM DESERT which is not -5- incorporated into this Agreement by an amendment shall not be a contractual provision of this Agreement. 18. GOVERNING LAW. This Agreement shall be subject to and constructed according to the law of the State of California. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. JAL RP File No. REL05125196 SOUTHERN CALIFORNIA EDISON COMPANY By �is.z.�/� JAMES A. LEE RIGHT OF WAY AGENT CITY OF PALM DESERT By Title rem