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Home My WebLink AboutCC 7 AG S.C.E. 06-10-88AGENDA, DATE: TO: CONSENT CALENDA, R , ...~d~/' NO. 7 88/ / '/ .... ---"-" 6-!0-. /. ,.,, ,: _ Inter Com JUNE 14, 1988 APPROVED STAFF RECOMMENDATION WILLIAM HUSTON, CITY MANAGER FROM: PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION SUBJECT: AGREEMENT WITH SOUTHERN CALIFORNIA EDISON COMPANY FOR EL CAMINO REAL BETWEEN MYFORD ROAD AND JAMBOREE ROAD RECOMMENDATION: It is recommended that the City Council approve an agreement with the Southern California Edison Company for extension of underground electric lines and street lights in E1 Camino Real between Myford Road and Jamboree Road. BACKGROUND: Assessment District 85-1 provides that major street improvements shall include the installation of street lights and public utilities. Some of the facilities are installed as a part of our street improvement contract and others are installed by the Edison Company. This agreement provides for those installations and the financial obligations of both parties. The total cost to the City of Tustin under this agreement is $9,054.12, and will be paid out of Assessment District 85-1 monies. Construction of the street improvement project is slated to begin within the next two weeks and should be finished in September. Bob Ledendecker Director of Public Works/City Engineer BL: REW: mv Rona18 E7 w61for¢/ Engineering Services Manager AGREEMENT FOR EXTENSION OF UNDERGROUND ELECTRIC LINE TO SERVE NEW COMMERCIAL/INDUSTRIAL DEVELOPMENT (Installation by Developer) THIS AGREEMENT, made this [8 day of. Ha), CALl FORNIA EDISON COMPANY, a corporation, hereinafter calied "Utility," and City of Tustin 88 ,19 , between SOUTHERN hereinafter called "Developer," WITN ESSETH' WHEREAS, Developer has requested Utility, pursuant to Utility's Rule No. 15.2, Underground Extensions Within New Commercial and Industrial Development, to furnish and install underground electric distribution lines within a new commercial and/or industrial development, located in the County of 0ratlge State of California, substantially described as follows: E1 Camino Real Btw. Myford & Jamboree Tract No County, and consisting of hereof; and , recorded in Book No. , Page No. of Maps, records of said lots as shown on the tract or survey map attached hereto and hereby made a part WHEREAS, Any required extension of electric lines in excess of 200 feet outside the boundaries of the development will be installed pursuant to Utility's Rule No. 15, Line Extensions; and WHEREAS, Underground service connections to each applicant from the underground distribution system will be installed and maintained as provided in Utility's rules applicable thereto; and WHEREAS, Street lighting will be installed in accordance with the appropriate tariff schedule; NOW, THEREFORE, in consideration of the premises, and of the mutual promises and covenants of the parties hereto, hereinafter contained, it is mutually agreed by and between the parties hereto as follows, viz' 1. Developer, at Developer's expense and in accOrdance with Utility's specifications, all as set forth in Exhibit A attached hereto and hereby made a part hereof, will perform all necessary trenching, excavating, and backfilling, including furnishing of any imported backfill material required, and will furnish and install any conduit and substructures necessary to serve the development, including reimbursement to Utility of the cost of such necessary conduits and substructures which Utility 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 will be furnished or paid for by Developer and will be installed by Utility. ~ CSO I~O-A RB'V 7/7e 2. Additional facilities, as requested by Utility, are to be instilled by Developer in accordance with Utility's specifications and timing requirements, as set forth also in Exhibit A, and the estimated installed cost of said additional facilities installed by Developer is agreed to be $ 3807.00 . Reimbursable $ 655.00 Street Light $3152.00 Upon installation by Developer, acceptance by Utility, and transfer of ownership to Utility of said additional underground facilities, said estimated installed cost of the additional facilities will be reimbursed tq Developer by Utility. 3. Utility will complete at Utility's expense the installation of the underground distribution system within the commercial or industrial development and any portion of the supply circuit which may extend beyond the boundaries of the development to Utility'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; provided, however, Utility has been granted rights of way therefor satisfactory to and without cost to or condemnation by Utility. Utility will install only those facilities that, in Utility's judgment, will be used within a reasonable time to serve permanent bona fide loads within the development. 4. Said extension of electric distribution lines shall be and remain the property of Utility. The parties hereto do hereby declare that it is their mutual intention that title to and ownership of said portion of the underground system furnished by the Developer, including any additional facilities installed by Developer pursuant to Paragraph 2 hereof, which is to be owned,'maintained, and operated by Utility as provided by Utility's Rules, shall vest in Utility. Developer does hereby agree that immediately [Jpon completion of said facilities and acceptance by Utility, title to each and every component part thereof shall immediately pass to Utility without further action upon the p. art of Developer. 5. Developer will provide that degree of supervision over and coordination between grading,, trenching, excavating, and other contractors as required to assure that Utility's underground facilities remain at the depth below final grade set forth in Utility's specifications, and as required to prevent damage to Utility's facilities from the activities of said contractors. Developer agrees to hold harmless and indemnify Utility for an~/and all damage to Utility arising in any way from the failure to provide said supervision, including but not limited.to damage represented by the cost to Utility of correcting an inadequate trench and/or excavation depth or other known conditions exposing Utility to damage. 13,895.00 refundable 4,161.00 ITCC 6. The amount of $ 18~ 056.00 .., which is Utility's estimate of the installed cost of the conduit and other substructures installed and transferred to Utility in accordance with B.1. of Rule No. 15.2, exclusive of excavation, backfilling, and transformer vaults or enclosures designed.to accommodate transformers that will'supply three-phase service, will be subject to refund in accordance with the following provisions: (a) The billed revenue for the first 12-month billing period following completion date of the installation (from sales to cus[omers within the development and connected to the extension) will be compared as a percentage to Utility's estimate of the total installed cost of the facilities to be owned by Utility, excluding transformers, meters, services, excavating, and backfilling; which cost is agreed to be $ 50,798.O0 . This percentage applied to the amount sub- ject to refund will determine the amount of refund to be paid promptly to Developer without interest, except no refund will be made if revenue is less than 25 percent of cost. (b) Revenues' for each of the second and third 12-month billing periods will similarly be compared with said estimated total 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 Utility in excess of the amount subject to refund, nor after the final refund based on the third 12-month billing period following the completion dat~ which is the date Utility is first ready to render service from the extension. . 7. In event Developer-installed facilities to be transferred to Utility are not as set forth in Exhibit A, but are acceptable to Utility, Utility retains the right to revise Utility's estimate of installed costs set forth herein, or enter into a new agreement for said extension of underground electric line. 8. This contract is subject to the Rules of Utility. 9. 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. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year'fi~st above'written. DEVELOPER Name Ci=y of Tus=in Title //Y~y ~" Address SOUTHERN CALIFORNIA EDISON COMPANY By. District Manager District Witness Address W.O. No. 6529-2522~ B-2522 Completion Date Requested by Developer Date Utility First Ready to Serve 19 ,¸19 Ap MES G. ROURKE CITY ATTORNEY CSD IIO-A