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HomeMy WebLinkAbout1994-388 " 1 RESOLUTION NO. -9~388 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEHENT WITH SOUTHERN CALIFORNIA EDISON COMPANY 3 FOR THE UNDERGROUNDING AND RELOCATION OF OVERHEAD LINES ALONG TIPPECANOE AVENUE, WITHIN FORMER NORTON A.F.B. 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE 5 CITY OF SAN BERNARDINO AS FOLLOWS: 6 SECTION 1. The Mayor of the City of San Bernardino is 7 hereby authorized and directed to execute, on behalf of said 8 City, an Agreement with Southern California Edison Company for 9 the undergrounding and relocation of overhead lines along 10 Tippecanoe Avenue, within for~er Norton A.F.B.. A copy of said 11 agreement is attached hereto, marked Exhibit "A" and incorporated 12 herein by reference as fully as though set forth at length. 13 SECTION 2. The agreement shall not take effect until 14 fully signed and executed by both parties. The City shall not be 15 obligated hereunder unless and until the agree~ent '_s fully 16 executed and no oral agreement relating thereto shall be i~plied 17 or authorized. 18 SECTION 3. This resolution is rescinded if the parties 19 to the agreement fail to execute it within ninety (90 ) days of 20 the passage of this resolution. 21 / / / / 22 / / / / 23 / / / / 24 / / / / 25 / / / / 26 / / / / 27 / / / / 28 / / / / 12-9-94 r I l RESO: AUTHORIZING EXECUTION OF AGREEMENT WITH SOUTHERN CALIFORNIA EDISON COMPANY FOR UNDERGROUND!NG FACILITIES ALONG TIPPECANOE AVENUE. 1 94-388 I HEREBY CERTIFY that the foregoing resolution was duly 2 adopted by the Mayor and Common Council of the City of San 3 Bernardino at a reg,1!,lar_ meeting thereof, held on the 4 19th day of December , 1994, by the following vote, to-wit: 5 Council Members: NAYS AYES ABSTAIN - ..- ABSENT 6 NEGRETE 7 CURLIN 8 HERNANDEZ 9 OBERHELMAN 10 DEVLIN 11 POPE--LUDLAM 12 MILLER ---1!:___ ---"---- _L- x -"--- ---1!:___ _lL_ 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ~Q tU'JvJ, ~c Rae TClark ,-Ci tvCTe-rk-- The foregoing resolution is hereby approved this .__2_1:,~ day of __. DecembeL_.__.__' 1994. ..--------;-~-- ~1 / _ -.9;1-( ~\. -'-I- T m Minor ,-~1avor-- Ci ty of San Bernc.rdino Approved as to form and legal content; JaTIes F. Penman City Attorney B~/rj/H~,fk-L___ - 2 - 94-388 AGREEMENT FOR RELOCATION OF ELECTRICAL FACIUTIES CITY OF SAN BERNARDINO THIS AGREEMENT is made and entered into this GJdD day of , 1995, by and between the CITY OF SAN BERNARDINO, hereinafter referr d to as "City" and SOUTHERN CALIFORNIA EDISON COMPANY, a corporation organized and existing under the laws of the State of California, hereinafter referred to as "Edison." WITNESSETH THAT WHEREAS Edison is owner of certain existing overhead distribution, telecommunication and 33kV transmission lines, and appurtenant facilities (hereinafter referred to collectively as "electrical facilities"); and WHEREAS "City" requires the relocation and undergrounding of Edison's electrical facilities to accommodate their improvements located within a portion of Tippecanoe Avenue, from Mill Street northerly to "C" Street, including various overhead modifications to accomodate the underground conversion, in the City of San Bernardino, County of San Bernardino, State of California, hereinafter referred to as "Project Area" (This agreement does not include the underground facilities proposed within "C" Street, 6th Street and Del Rosa Avenue); and WHEREAS "City" desires that only those existing electrical facilities within the Project Area be relocated and undergrounded, hereinafter referred to as "Relocated Electrical Facilities." WHEREAS "City" has agreed to pay all billings for the relocation of electrical facilities on an "Actual Cost" basis based upon Edison's standard accounting practices and in accordance with California Public Utilities Commission Rule 20B. Edison is willing to replace and/or relocate said electrical facilities and to perform said related work on the terms and conditions hereinafter set forth. NOW, THEREFORE, it is mutually agreed by and between Edison and "City" as follows: a) Edison has estimated that the amount necessary to pay the costs associated with the relocation of electrical facilities will be $562,358.08. The overhead equivalent credit is $106,390.00. Therefore, the balance due is $455,968.08. Edison shall not be liable for any losses incurred by "City" caused by its delay in submitting payment. b ) Edison's ability to complete relocation of facilities is contingent upon Edison being paid the total cost of relocation. c) Upon receipt of all monies due and any replacement rights, if necessary, Edison will proceed in a timely manner to perform the relocation work. - 1 - 94 388 IT IS ADDITIONAllY AGREED AS FOllOWS: 1 . RELOCATION OF ELECTRICAL FACIUTIES. 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 all materials, except ducts and substructures, which are to be procured and installed by "City." Edison shall provide all engineering work related to relocation of said electrical facilities. b) Edison shall inspect and approve all ducts and substructures procured and installed by "City" prior to "City" deeding these ducts and substructures to Edison. Upon acceptance of facilities from "City," Edison will be responsible for all further modifications and/or maintenance. d) Edison shall remove its overhead electrical facilities after the underground facilities replacing said overhead facilities have been installed, energized, and placed into permanent service. 3. WORK TO BE PERFORMED BY "CITY." a) "City," at no cost to Edison, shall provide Edison with new street improvement plans for the alignment of proposed Tippecanoe Avenue, reflecting the location of all existing and proposed underground structures and/or facilities. b) "City," at no cost to Edison, 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) "City," at no cost to Edison, shall procure and install all ducts, 4/0 B.C. bare copper groundwire, and substructures for the underground system in accordance with the plans and specifications submitted by Edison to "City" subject to inspection and approval by Edison. d) The system is to remain water free for one year. e) "City" to pay for cabling of the ducts, as per the proposed approved plans, less the overhead equivalent. f ) "City" 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. g) "City ," at no cost to Edison, shall deed all of the installed ducts and substructures to Edison. -2- '94 3Q u8 4. PERMITS, CODES AND STATUTES. Edison's relocated electrical facilities shall comply with the various applicable statutes, codes, regulations and ordinances. 5. TERMS OF PAYMENT. "City" shall pay to Edison the estimated sum of $455,968.08 as its cost to relocate the electrical facilities and perform related work as provided for in this agreement. Upon completion of all relocation work by Edison, "City" shall be presented with final accounting as determined by Edison's standard accounting practices and in accordance with CPUC Rule 20B procedures. Should the sum of Edison's costs and expenses exceed the estimated sum paid by "City" as provided by herein, "City" shall pay to Edison the difference between said sums. Should the estimated sum paid by "City" to Edison, as provided herein, exceed the sum of Edison's costs and expenses, Edison shall refund to "City" the difference between said sums. 6. DELAY DUE TO UNCONTROUABLE FORCES. Edison and "City" shall not be responsible for any delay in the performance of its 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 (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. 7. FACILITIES TO REMAIN PROPERTY OF EDISON. Parties hereto do hereby declare it is their mutual intention that title to and ownership of said underground structures and substructures, consisting of pads, vaults, conduits, ducts, boxes, and electrolier bases shall vest in Edison. "City" does hereby agree, that immediately upon completion of the underground system described hereinabove and acceptance by Edison, title to each and every component part thereof shall immediately pass to Edison without further action upon the part of "City." 8. 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. 9 . CI-W\GES. Any changes to this Agreement shall be made by supplement thereto and shall be executed on behalf of Edison by the Regional Manager, Inland Region, Real - 3 - 94 388 Properties and Administrative Services Department, or his designee, and on behalf of .City" by an authorized representative of the "City." 10. TERMINATION. "City" shall have the right to terminate this Agreement on sixty (60) days prior written notice to Edison, for whatever reason. In the event of termination of this Agreement by "City," "City" agrees to pay Edison within thirty (30) days of demand, for all costs and expenses for materials, except as hereinafter provided, 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 utility's electrical facilities, equipment and/or materials on the property as well as 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 "City" 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 "City" 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. If "City" is in default of any of the terms, provisions, conditions, limitations and covenants of this Agreement, Edison may give "City" written notice of default. If within thirty (30) days of receipt of such notice, "City" 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 "City". Should such right of termination by Edison be exercised, Edison shall be entitled to payment for all costs and expenses for materials, except as hereinafter provided, 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 on the property 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. 11. 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: -4- 94-388 . To Edison: Southern California Edison Company Regional Manager, Inland Region Real Properties & Administrative Services Department 430 N. Vineyard Avenue, Suite 210 Ontario, CA 91764-5495 To City of San Bernardino: City of San Bernardino Public Works/Engineering 300 N. "D" Street San Bernardino CA 92418-0001 Attention: Steve Enna 12. PREVIOUS COMMUNICATIONS. This Agreement contains the entire Agreement and understanding between Edison and "City" as to the subject matter of this Agreement and merges and supersedes all prior agreements, commitments, representations, and discussions between Edison and "City." Any agreement between persons employed by Edison and "City" which is not incorporated into this Agreement by an amendment shall not be a contractual provision of this Agreement. 1 3. GOVERNING LAW. This Agreement shall be subject to and construed 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. By K.C? R.GRE OOD Regiona anager, Land Services Division Real Properties and Administrative Services CITY OF SAN BERNARDINO By ----;;.,/)/'-} tt/\A~~ Approved: Q,,~~Iv.J..., (lj.u./fc City'clerk Mayor DM (12/9/94) -5-