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Home My WebLink AboutR23390G - Falcon Crest Phase IIIContract No. R23390G - �Ii IF - PALM DESERT REDEVELOPMENT AGENCY STAFF REPORT REQUEST: RATIFY CONTRACT WITH THE GAS COMPANY, FOR EXTENSION OF STUBS, SERVICES, BRANCH SERVICE AND METERS FOR PHASE III OF THE FALCON DEVELOPMENT SUBMITTED BY: CATHERINE WALKER, SENIOR MANAGEMENT ANALYST CONTRACTOR: THE GAS COMPANY Y P.O. B OX 3003 BY RDA REDLANDS, CA 92373 ON -13— 61� DATE: SEPTEMBER 13, 2007 VERIFIED BY k�6k �m�m CONTENTS: GAS COMPANY AGREEMENT Original on file with City Clerk's Office Recommendation: By Minute Motion, that the Agency Board ratify The Gas Company Line Extension contract for Falcon Crest Phase III. Discussion: Approval of staff recommendation will ratify the construction of gas facilities such that they serve Phase III of the Falcon Crest development. All costs associated with the installation of these dry utilities have been provided for in the scope of the Agency's agreement with ComDyn PD, LLC, the developer for the La Rocca Villas and Falcon Crest projects. As part of the development of the Falcon Crest, ComDyn PD, LLC, will facilitate the installation and construction of certain utility systems. Once construction is complete, the infrastructure is turned over to the utility companies who then own and maintain them. Due to the accelerated performance of the contractor, these agreements were signed so that construction could proceed and the schedule would not be impacted. The Gas Company's Line Extension Contract allows for extension stubs, services, branch service and meters for Phase Ill of the Falcon Crest Development. Submitt Catherine Walker Senior Management Analyst McCarthy, ACM.Re-evelbpment Department Head: 66v'e YngoQe�ve Director of lop ment/Housing 64 Paul S. Gibson, Director of Finance Carlos L. Ortega, Executive Director �f5T 4 0549 SEMPRA ENERGY The Gas Company 1 A 5r111pl 1 1.11411,gN ".-tin"", Applicant: PALM DESERT REDEVELOPMENT AGENCY Contact CATHY WALKER From: WILLIS L- OAKLEY Email Address: WOakley@sempreutildies.com Number of Pages (including cover page): 07 04 02 a m 08-06-2007 Contract No. R23390G Fax: 760 341 6372 Tel: 760 346 0611 Fax: 951 341 6327 Address: 75095 MAYFAIR DRIVE City/ST2ip: PALM DESERT, CA 92211.5102 Tel: 909 335 7628 Date: 8/3/2007 The project planning and cost estimating for Project# 120506 has been completed and included with this letter. Under the Line Extension Rules, you have the opportunity to select the utility as the installer (Option A) or you may hire a qualified contractor (option B) to do the installation as described in Line Extension Rule 20. You must declare which installation option you wish to pursue before the process can continue. To assist you in making an Informed decision. the attached bid letter provides the estimated installation cost comparison between Utility Installation (Option A) and Applicant Installation (Option B) for the installation of: �FtA6 3; M.-ND STUBS,SER1ACES, BRANCH SERVICE &METERS 30 TOTAL. If Option A Is Selected: • Indicate your selection on the bid letter • If received, Execute Line Extension contract and return with signed bid letter by mail or fax to Project Manager. • If payment is due, please remit payment with Exhibit A Stub to: Southern California Gas Company Sundry Billing ML 711D P.O. Box 2007 Monterey Park, CA 91754-0957 If Option B is selected: • Indicate your selection on the Bid Letter and return by mail or fax • Destroy Line Extension Contract if received • Additional documents will need to be prepared prior to executing a new Line Extension Contract • You'll be contacted by your Project Manager to assist you with the applicant install process Again, work on your project onnot continue until you have made vour seiection and returned the executed attached document(s) to SoCalGas. If you have any questions regarding this matter, please contact me. Revision Date' 06/20/06 1 /9 :� 674 0549 SEMPRA ENERGY 07 04: 14 a.m. 08-06-2007 219 Contract No. R2339OG The Ws company Sempra EnerWiitmty 08/03/2007 CATHY WALKER PROJECT MANAGER PALM DESERT REDEVELOPMENT AGENCY 73510 FRED WARING DR PALM DESERT, CA 92260 Line Extension Contract Reference: Gas Company Project ##: 00000120506 Project Location: 42ND AND HOVLEY GARDENS Project Scope: RESIDENTIAL, SINGLE FAMILY, PROJECT LOCATED AT 42ND AND HOVLEY GARDENS AND FALCON CREST, IN THE CITY OF PALM DESERT, IN THE COUNTY OF RIVERSIDE, TRACT 30795 INSTALL SERVICE, METERTO ( 30) PLANNED DWELLING UNIT(S) The engineering required for the installation of the gas facilities as described above in the Project Scope, based on the information you have provided us, has been completed. The attached "Exhibit A" dated 08/03/2007 details the estimated costs and allowances, and also indicates any advances and contributions, if required at this time. Please provide us with an address list for the property, if applicable, including any internal apartment or unit numbers or letters as quickly as possible. This will assist us in providing timely installation of the requested gas meters and/or refunds of your refundable advances. To acknowledge your receipt of the Exhibit A. confirmation of the scone of the Protect, and receipt and agreement with the enclosed General Conditions, please have this letter executed by your authorized representative(s) (owner or corporate officer) and return all pages to The Gas Company representative listed below. Your return of the executed copy of this letter plus any required advance will constitute your request to The Gas Company to schedule the installation and your agreement to Exhibit Q and the General Conditions. Timely return of this letter will ensure that your construction is not delayed. A copy of the letter has been provided for your records. Thank you for this opportunity to provide you with natural gas to serve your energy requirements. We are pleased to have you as a Gas Company customer and want to provide you with the best possible service. If you have any questions, please contact me at (909) 335-7628. Sincerely, WILLIS L.OAKLEY NEW BUSINESS PROJECT MANAGER 75095 MAYFAIR DRIVE PALM DESERT,CA 92211-5102 Forth 3905-D, Effective July 2002 Line Extension Contract #: 00000120506- 1 Dated: 08/03/2007 Page 1 of 4 0 674 0540 SEMPRA ENERGY 07.04.29 a.m 08-06-2007 3 /9 Contract No. R23390G SOUTHERN CALIFORNIA GAS COMPANY GENERAL CONDITIONS FOR LINE EXTENSIONS These are the general conditions under which Southern California Gas Company ("The Gas Company") will provide line extensions for Applicants. I. COSTS A. Estimates and Duration. The enclosed Exhibit A estimate is valid for 90 days and may be revised after that time if the installation of gas facilities for the Project has not begun. Once The Gas Company begins the installation, the estimated cost will remain in effect for 12 months. If at the end of the twelve months the work is not complete, The Gas Company reserves the right to calculate its costs for the work completed, less applicable allowances, and issue a new project and Line Extension Contract for the remaining installation work - If additional monies are due, Applicant agrees to pay them within 30 days after invoice. Applicant will be responsible for costs of engineering, planning, surveying, right of way acquisition and other associated costs. B. Allowances. Applicant(s) receiving allowances as an offset to the installation costs are responsible for these costs and may be billed subject to the following: line extension(s) where allowances have been granted to the Applicant based on future gas load(s) must have the gas meter(s) installed and turned on with bona fide load within six (6) months for main/main and service(s) installations and twelve (12) months for service(s) only installations. These time frames commence from the date The Gas Company completed the installation of gas facilities. If Applicant fails to comply, the Applicant will be billed for the difference between estimated allowances and authorized allowances, as described in Tariff Rules 20 and/or 21. The bill amount will include Income Tax Component Contribution and Advances (ITCCA/CIAC) Tax. Applicant requested temporary service(s) are fully collectible. Refunds shall be made and calculated in accordance with Rule 22. C. Attorneys Fees and Offset. If The Gas Company is required to bring an action to collect monies due or to enforce any other right or remedy, Applicant agrees that The Gas Company is entitled to recover its reasonable attorneys' fees and costs. The Gas Company may withhold from any payments due Applicant any amounts Applicant owes The Gas Company. II. INDEMNITY A. General. Applicant shall indemnify and hold The Gas Company harmless from and against all Liability (excluding only Pre -Existing Environmental Liability) connected with or resulting from injury to or death of persons, including but not limited to employees of The Gas Company or Applicant, injury to property of The Gas Company, Applicant or a third party, or violation of local, state or federal laws or regulations (excluding environmental laws or regulations) (including attorneys' fees) arising out of the performance of this Contract, except only for liability to the extent it is caused by the negligence or willful misconduct of The Gas Company. B. Environmental. Applicant shall indemnify and hold The Gas Company harmless from and against any and all liability (including attorneys' fees) arising out of or in any way connected with the violation or compliance with of any local, state, or federal environmental law or regulation as a result of pre-existing conditions at the Project site, release or spill of any pre-existing hazardous materials or waste, or out of the management and Forst 3905-D, Effective July 2002 Linc Extension Contract #: 00000120506- 1 Dated: 08/05/2007 Page 2 of 4 0 674 0549 SEMPRA ENERGY 07 04 52 a m 08-06-2007 419 Contract No. R23390G disposal of any pre-existing contaminated soils or groundwater, hazardous or nonhazardous, removed from the ground as a result of The Gas Company's work performed ("Pre -Existing Environmental Liability"), including, but not limited to, liability for the costs, expenses, and legal liability for environmental investigations, monitoring, containment, abatement, removal, repair, cleanup, restoration, remedial work, penalties, and fines arising from the violation of any local, state, or federal law or regulation, attorneys' fees, disbursements, and other response costs. As between Applicant and The Gas Company, Applicant agrees to accept full responsibility for and bear all costs associated with Pre -Existing Environmental Liability. Applicant agrees that The Gas Company may stop work, terminate it, redesign the gas facilities to a different location, or take other action reasonably necessary to complete its work without incurring any Pre -Existing Environmental Liability. C. Withhold RiWits. In addition to any other rights to withhold, The Gas Company may withhold from payments due Applicant such amounts as, in The Gas Company's reasonable opinion, are necessary to provide security against all loss, damage, expense and liability covered by the foregoing indemnity provisions. III. WARRANTY The Gas Company requires that Applicant warrant all materials and workmanship performed by Applicant (directly or through a contractor other than The Gas Company) shall be free of all defects and fit for their intended purpose. A one-year warranty on any materials and a two-year warranty on any installation work provided are required If Applicant's work or materials fail to conform to the warranty, Applicant shall reimburse The Gas Company for the total cost of repair and/or replacement or The Gas Company may give Applicant the opportunity to fix within a reasonable time such defect(s). Such reimbursements are non- refundable and the amount of such reimbursements may be withheld by The Gas Company and offset against refundable amounts owed Applicant. IV. TARIFF RULES I COMMISSION A. This Line Extension Contract ("Contract") consists of and incorporates by reference the line extension contract letter, Exhibits A, General Conditions and all of The Gas Company's applicable tariff schedules and rules as filed from time to time with the California Public Utilities Commission ("Commission"), including but not limited to, the Preliminary Statement and Rules 1, 2, 4, 9, 13, 20, 21 and 22. Copies of these rules may be obtained by visiting the SoCalGas' Internet site at ww%v.socaluas.com or by requesting copies from your Gas Company representative. B. This contract is at all times subject to such changes or modifications as the Commission may direct from time to time in the exercise of its jurisdiction. C. No agent of The Gas Company has authority to make any terms or representations not contained in this Contract and the tariff schedules and Applicant hereby waives them and agrees neither The Gas Company nor Applicant shall be bound by them. V. JOINT AND SEVERAL LIABILITY Where two or more parties are Applicants for a Project, The Gas Company shall direct all communications, bills and refunds to the designated Applicant, but all Applicants shall be jointly and severally liable to comply with all terms and conditions herein. Form 3905-D. EBFectivc July 2002 Line Extension Contract k: 00000120506-1 Dated: 08/03/2007 Pace 3 of 4 Q 6740549 SEMPRA ENERGY 07.05 14 a.m 08-06-2007 5 /9 Contract No. R23390G VI. STUB EXTENSIONS Stub costs are refundable only to the extent the allowances generated by stub extensions exceed the main to meter installation costs, and only for ten years from the date of the stub installation. Refunds will be made without interest, and no refund will be made in excess of the amount advanced. VII. AUTHORIZED SIGNATURE If Applicant is a corporation, partnership, joint venture, or a group of individuals, the subscriber hereto represents that he has the authority to bind said corporation, partners, joint venture, or individuals as the case may be. My signature below represents my agreement and acceptance of the Project confirmation, Exhibit A and Southern California Gas Company's General Conditions For Line Extension. I acknowledge and agree that The Gas Company's cost and allowance estimates for this Project were based on information provided by me or my authorized representative. I further acknowledge and agree that my signature represents my/my company's agreement and understanding that subsequent changes in Project scope may affect the installation price and further, that if allowances have been granted, an additional contribution may be required if the future loads on which the allowances were based do not materialize. APPLICANT: PALM DESERT REDEVELOPMENT AGENCY LM \ - 0 61 44 * (AuthorizKSimna Title: (Print Nam ) Address: (Future bills, refunds, and correspondence will be mailed to the address given) 79 '9/0 FRCO wR#-IIAJ(r D9 T C,+, Sa,46 Telephone: -2&C-3y6-6&// Social Security or Federal Tax ID No. No. 55 ~ a S 5 - 1,fl Ti/ o v/,�' 91 Form 3905-D, Effective July 2002 Line Extension Contract #: 0 0 0 a 0120506-1 Dated: 08/03/2007 Page 4 of 4 0 674 0549 SEMPRA ENERGY Date Mailed: 08/05/2007 07 05.26 a.m. 08-06-2007 6 /9 Contract No. R23390G Project ID: 00000120506 Exhibit A COST AND ALLOWANCE CALCULATION (ESTIMATES) S 10.805.45 - $ 740.00 Project Cost Site preparation Advance Required (Refundable) Advance Required (Non -Refundable) ITCCA (CIAC Tax) $ 0.00 Payment Received TOTAL AMOUNT DUE S l0,065.45_ _ $ Allowance Applied X 35 a Site preparation reimbursement for applicant provided trench will be treated per Tariff Rules 20 L 21 and payments, if any, will be be based on the agreed upon price per foot tides the actual footage of the trench used. Fore 3905-D, Effective 09/05 Line Extension Contract et 00000120504 -1 ---------------------------------------------------------------------------------------------------- Date Mailed 08/03/2007 Detach and return this portion with your payment THIS BILL IS NOW DUE AND PAYABLE MCI �M PALM DESERT REDEVELOPMENT AGENCY 73510 FRED WARING DR SonprsEnergyw.ry PALM DESERT, CA 92260 . sox C SO. CAL. GAS. CO. MOHT PK, CA 91756 NBMS Project ID 00000120506-1 PLEASE PAY THIS AMOUNT 9200012050601000000000000010000 0.00 0.00 0.00 0.00 0.00 0.00 0.00 92 000120506 1 ) 674 0549 SEMPRA ENERGY 07 05 34 a.m. 08-06-2007 • Contract No. R23390G 719 8I3I2007 swoma commme mancamw Gas Installation Bid A WSempra Energy utinty- THIS IS NOT A BILL - DO NOT REMIT PAYMENT. Applicant Nona: PALM DESERT REDEVELOPMENT AGENCY Applicant Address: 73510 FRED WARING DR PALM DESERT CA 92260 Contact Nana: CATHY WALKER Telephone Number: 760 346 0611 Project Address/Location: 42ND AND HOVLEY GARDENS Tract Number. 30795 Project ID Number: 120506 SoCaiGes Project Manager. WILLIS L. OAKLEY Telephone Number. 909 335 7628 The project plannning and cost estimating for the above referenced project has been completed. Under the Line Extension Rules you have the opportunity to select the utility as the installer or you may hire a qualified contractor to do the installation as described in Line Extension Rule 20. As required by the California Public Utilities Commission, you are being provided the estimated installation cost (bid) prior to the Issuance of a line extension contract. The bid is broken down between the cost for the work the utility must perform, the work that can be performed by your qualified contractor, inspection fees, and tax. You must declare which installation option you wish to pursue in the space provided. Work on your project can not continue until you have made your selection and returned the executed form to SoCalGas. Installation Cost Breakdown Option A: Estimated cost if installation Is performed by SoCalGas. (&)Main $0.00 (b)SeMc e(s) $6,858.85 (c)Stub(s) $0.00 (d)MSA(s) $3,946.60 (@)Tax $3.781.91 Total (a thru a) $14,587.36 Option B: SoGelGss' estimated cost for the work performed by SoCalGas under the applicant installation option (a-e), the SoGalGas' estimated cost for the work the applicant can perform under the applicant installation (f-h), and tax for both SoCalGas and applicant work perfomled (1). (eplteln $0.00 (b)Service(s) $7,268.52 (c)Stub(s) $0.00 (d)MSA(s) $3,90.60 (epnepection $1,494.35 (gTax $4,304.93 pwwn $0.00 (9)8ervIc*) $5,590.33 (hyStub(s) $0.00 Total Cost (a thru H $16,604.73 Select One Box tion A: I serect SoCalGas as tke IostaUer. Please prepare and forward the Gas Llae Extension ��JJJ Contract ❑Option B: 1 wish to pursue the applicant Install option. I understand that there are additional documents I most complete, and return to SoCalGas, prior to the development of the Gas Line Extension Contract. My signature confirms my understanding that the bid price consists of the estimated cost for work SoCalGas must perform and the estimated cost of all remaining work If SoCalGas is selected as the installer (Option A). If I select Option B and elect to have my contractor Derform less than all the remaining work, I understand that a new bid will need to be arewred. A new bid may also be required If the assumptions that the bid was based on chance. This bid will remain in effect until: Applidnt Na : / signature: Print Print Name:T Title Revision Dais. 0612=5 1 674 G549 SEMPRA ENERGY 07 05.50 a m. 08-06-2007 819 Contract No. R23390G P% (e5cmp1't1 SOUTHERN CALIFORNIA GAS COMPANY SPECIFICATION/S FOR APPLICANT PROVIDED TRENCH 08/03/2007 Project Number:120506 Job fD or Work Request NO.1786491 Job Location PHASE 3 FALCON CREST PALM DESERT. Tract Number (s):30795 Lot Number(s 5-29 & 46-50 It is understood by acceptance of this agreement that Southern California Gas Company (SoCalGas) requirements related to trenching and backfilling are to be met in all instances. Any deviation from these requirements that is not approved by an authorized SoCalGas representative shall be considered cause for this agreement to become void and releases SoCalGas from any obligation of participation in an applicant provided trench installation. The Applicant will notify SoCalGas at least ten days in advance of starting work. SoCalGas may coordinate the installation of main and service piping with other operations. The Applicant or his authorized agent shall, at no cost to SoCalGas, obtain the necessary trenching permits, pay all inspection fees, and satisfy any and all other requirements pertaining to trenching, backfilling and compaction called for by authorized governing agencies. It is agreed that trenches shall be of such size/as to provide a minimum vertical clearance of twelve inches from power conductors of any size and a minimum separation of six inches from all other substructures. All gas main and service piping shall have a minimum thirty inches cover below finished grade. All trenches must be level and free of debris at the time gas lines are to be installed. All joint trench and gas -only trench will be backfilled with sand to be a minimum of twelve inches of cover over all gas main and service pipe in normal soil and a minimum of eighteen inches in rocky soil. Pipe depth to be determined by a So Cal Gas representative. Applicant shall be responsible for repair or relocation costs of any gas facility, which has been changed, altered, or modified inside the project limits, without SoCalGas authorization. Refer to the drawing(s) dated 02/02/96 of a cross section of a joint trench (no scale) attached hereto and incorporated by reference. SoCalGas will reimburse or credit Applicant for acceptable trench at the agreed to rate of $1.00 per foot, which will be identified on EXHIBIT A-1 or EXHIBIT A-2 as Site Preparation. This agreement is subject to SoCalGas Tariff Rules 20 and/or 21, which are incorporated by reference, and is subject to such changes or modifications as the Commission may direct from time to time in the exercise of its jurisdiction. Accepted By Applicant: Company me: t Signature- Print �/ Print Na 'V_14h � `if Print Title: A 5 Date: Y -0 - o 7 Accepted By Southern California Gas Company: Signature: Print Name WILLIS L. OAKLEY Title NEW BUSINESS PROJECT MANAGER Date 08/01 /2007 tTRENCH.DOC (Rev. 6/2000) S I i0 674 0549 SEMPRA ENERGY 07 06 07 a.rn 08-06-2007 9 /9 Contract No. R23390G of street r curb fe VARIES I IFIowllne� Note: Southern California Gas Company will only participate in "Dry Utility" joint trench. "A" Preferred Method 1 Q E OF TRENCH Right of Ways AMEs I VANES VANES I Gas VANES _ VARIES _ I" =I- ® ® Telephone / TV _ r E Power CROSS SECTION OF JOINT TRENCH NO SCALE "B" Acceptable Method e OF TRENCH VAJW I Flowline — �c E VANES T A. Top of pipe l� O Gas \E Note: Southern California Gas Company will only participate CROSS SECTION OF in "Dry Utility" JOINT TRENCH joint trench. NO SCALE Telephone T.V. Power s ,. Aedo2rine 1TRENCKDOC (Rev. 6.2000) 5 2