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HomeMy WebLinkAboutCC 17 UNDERGD ELEC 12-07-87· ~ ~..,~, ~ ~r --,.~ ~ ~ CONSENT CALENDAR TO: WILLIAM HUSTON, CITY MANAGER FROM: PUBLIC WORKS DEPARTMENT/ENGINEERING SUBJECT: ASSESSMENT DISTRICT NO. 85-1, AGREEMENTS FOR EXTENSION OF UNDERGROUND ELECTRIC LINES RECOMMENDATION That the Tustin City Council approve the Southern California Edison Company Agreements for Myford Road northerly of Bryan Avenue and Jamboree road northerly or Bryan Avenue, and authorize the Mayor to execute said agreements. BACKGROUND Assessment District No. 85-1 provides for street, storm drain and utility construction/installations within the East Tustin area bounded by the Santa Ana Freeway (on the South), Jamboree Road (on the easterly side), Irvine Boulevard (on the North), and Browning Avenue (on the westerly side). When the City/Assessment District contracts and installs the underground facilities for each respective utility company, the City/Assessment District is due a reimbursement from the utility company for said advance work. DISCUSSION The two attached agreements pertain to reimbursements for work completed by the City/Assessment District on Myford Road, northerly of Bryan Avenue, in the amounts of $8,280 and $8,900, respectively. The term "Developer" in these agreements refers to City of Tustin Assessment District No. 85-1. Consequently, all reimbursements will be credited back to the individual Assessment District No. 85-1 project accounts when received. The format of these reimbursement agreements have been previously approved by the City Attorney's office and executed by the City COuncil on prior Assessment District No. 85-1 projects. Bob Ledendecker Director of Public Works/City Engineer BL/mv AGREEMENT FOR EXTENSION OF UNDERGROUND ELECTRIC LINE WITHIN A NEW RESIDENTIAL SUBDIVISION (PARTIAL INSTALLATION BY DEVELOPER) THIS AGREEMENT, made this 16t..hday of November SOUTHERN CALIFORNIA EDISON COMPANY, a corporation, hereinafter called "Utility", and ,19 87 , between City of Tustin hereinafter called "Developer", WITNESSETH: WHEREAS, Developer has requested UtiLity, pur- suant to Utility's Rule No. 15.1, Underground Extensions Within New Residential Subdivision, to furnish and install underground electric distribution lines within a new single-family and/or multifamily residential subdivision of five or more lots, located in the County of Orange , State of California, substantially described as follows: Myford N/O 'Bryan, Tustin Tract No .... recorded in Book No. · Page No. , of Maps, records of said County, and consisting oF' lots as shown on said tract or survey map which by this reference thereto is hereby made a part hereof; and WHEREAS, Developer and Utility have agreed that within the subdivision and for the first 200 feet of supply circuit outside the subdivision, Developer, in accordance with Utility's specifications and timing requirements, as set forth in Exhibit A attached hereto and hereby made a part hereof, will perform the necessary trenching, excavating, and backfilling, including furnishing of any imported backfill material required, and will furnish, install, and transfer ownership to Utility of any conduit required other than the conduit portion of cable-in-conduit, or Developer will pay to Utility as specified herein and before start of construction Utility's estimated costs thereof. 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; and WHEREAS, The total footage of property fronting on and contiguous to streets within the subdivision is agreed to be N/A feet; and WHEREAS, An additional portion of the under- ground extensiOn is to be installed by Developer in accordance with Utility's 'specifications and timing requirements, as set forth in said Exhibit A, and the estimated installed cost of said additional facilities installed by Developer is agreed to be $ 8,2 8 0 ; and WHEREAS, Upon acceptance by Utility and transfer of ownership of said additional portion of the underground facilities to Utility, the estimated installed cost will be ~k~z~~ reimbursed to developer. INITIAL WHEREAS, Undergrouna semce 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 and extension of electric lines within the subdivision solely for service to street lighting equipment will be installed in accordance with the appropriate tariff schedule. Electroliers'will be located at points approved by the governmental agency having jurisdiction over streets to be dedicated to that agency or by Developer for privately owned and maintained streets open to and used by the general public; and WHEREAS, Extension of electric lines in excess of 200 feet outside the boundaries of the subdivision will be installed pursuant to Utility's Rule No. 15, Line Extensions, except that the free footage allowances set forth therein will be reduced by 50% for appliances installed within the subdivision. 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. Utility will complete construction of said extension, provided Utility has the legal right to occupy public streets, roads, and highways necessary for the ~ cso ,a,-^ .ev ,/,, (cw) construction, operation, and maintenance of such exten- sion, or has first obtained rights of way therefor on public lands and private property satisfactory to and without cost to or condemnation by Utility. 2. Said extension of electric distribution lines and any street lighting system installed by Utility. 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 and street lighting equipment installed by or required of Developer, 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 upon 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 part of Developer. 5. The refundable amount advanced by Developer will be subject to refund without interest, in accordance with the following provisions: (a) When a building has been completed on a lot within the subdivision and service is supplied to the first permanent domestic customer in that building, an amount equal to the total refundable advance divided by the total number of lots within the subdivision covered by the advance will be refunded (or credited to Developer's account if the advance has been postponed). For the purposes of such refunds, the total number of lots is agreed to be N/A · (b) When buildings have been completed on 90% of the agreed total number of lots within the subdivision and service is supplied to at least one permanent domestic customer in each of such buildings, any remainder of the refundable advance will be refunded. '3. Developer will provide that degree of supervision over and coordination between grading, trenching, exca- vating, 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 any and ail damage to Utility arising in any way from the failure to provide said supervision, including but not limited to damage represent- ed by the cost to Utility of correcting an inadequate trench and/or excavation depth or other known condition exposing Utility to damage. 4. Developer shall concurrently with the execution hereof pay to Utility the nonrefundable sum of $ 3: 760. . In addition to said nonrefundable sum, Developer agrees to pay a refundable amount of $ bl/A Developer shall pay concurrently with the execution hereof $ N / A of said refundable amount and payment of the remainder of $ ~/A shall be postponed for a period of not more than six months from the date Utility is first ready to render service from the line extension. Developer agrees to pay to Utility immediately at the end of said six-month period, all such amounts not previously advanced which are not then refundable. · ~ (c) All refunds will be made promptly and without interest, but not later than 90 days after eligibility for refund is established. (d) In the event that any portion of the refundable advance has not qualified for refund at the end of 12 months after date Utility is first ready to render service from the underground extension within the subdivision, Developer will pay to Utility Utility's ownership costs on that portion, of the refundable advance for which no refunds have been made or are eligible to be made. Ownership costs will be equal to 3fi% per month of the difference between the total refundable amount advanced and any refunds made or eligible to be made to Developer. Payment of such ownership costs normally will be made by deduction from Developer's refundable advance, but such deduction will not reduce the amount on which the cost of ownership charge is based. (e) No payment will be made by Utility in excess of the refundable amount advanced by Developer nor after a period of 10 years from the date Utility is first ready to render service from the extension within the subdivision, and any unrefunded amount remaining at the end of the 1 O-year period will become the property of Utility. Developer's obligation to pay ownership costs will terminate at the end of said 10-year period. 6. In event Developer4nstailed 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. 7. This contract is subject to the Rules of Utility. INITIAL 8. This contract shall at all times be subject to such changes or modifications by the Public Utilities Commis- sion 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 first above written. Name City Of Tustin DEVELOPER SOUTHERN CALIFORNIA EDISON COMPANY By By District Manager Title Address. District Witness Address · ',.j ;) ' Completion Date Requested by Developer Date Utility First Ready to Serve W.O. No. 6~29 '1904, X1904 ,19 EXTENSION/INSTALLATION DATA 1. Footage of Property Fronting on Streets 2. Utility's Estimate Trench, Backfill, and COnduit Cost 3. Utility's Estimate'Riser Cost 4. Estimated'Completion Cost, (1.) x $5.55 5. Number Residential Lots 6.. (5.) x 125 feet . Number Separately Metered Dwelling Units in Excess of Two in Each Multifamily Building 8. (7.) x 25 feet 9. (1.) less the sum of (6.) plus (8.). A negative result will be entered as zero 10. (9.)x $1.00 11. NUmber of Ornamental Street Lights 12. (I 1.) x $ , ornamental differential cost 13. Utility's Estimated Other Costs for Installatioh/Completion Street Lighting System. (Excluding costs included in (2.) above.) 14. Other Charges or (Credits), Explain Reimbursed to developer for installation of underground structures. N / A fee t II II II II II feet feel 8,280.00 Nonrefundable Amount Due (2.) plus (3.) plus (10.) plus (12.) plus (13.) plus/minus (14.) Refundable Amount Due Concurrently Due Postponed for Six Months Total Refundable, (4.) less (10.) 5,760.00 (Enter NA for "Not Applicable" where required) AGREEMENT FOR EXTENSION OF UNDERGROUND ELECTRIC LINE -WITHIN A NEW RESIDENTIAL SUBDIVISION (PARTIAL INSTALLATION BY DEVELOPER) (~s~ ,~. ^.o ,4. 8th THIS AGREEMENT, made this day of November ,19 87, between SOUTHERN CALIFORNIA EDISON COMPANY, a corporation, hereinafter called "Utility", and City of Tustin hereinafter called "Developer", WITNESSETH: WHEREAS, Developer has requested Utility, pur- mant to Utility's Rule No. 15.1, Underground Extensions Within New Residential Subdivision, to furnish and install underground electric distribution lines within a new single-family and/or multifamily residential subdivision of five or more lots, located in the County of OT'nr~ ~yP. , State of California, substantially described as follows: Jamboree N/O Bryan, Tustin Tract No. , recorded in Book No. · Page No. , of Maps· records of said County, and consisting of lots as shown on said tract or survey map which by this reference thereto is hereby made a part hereof; and WHEREAS, Developer and Utility have agreed that within the subdivision and for the f'LrSt 200 feet of supply circuit outside the subdivision, Developer, in accordance with Utility's specifications and timing requirements, as set forth in Exhibit A attached hereto and hereby made a part hereof, will perform the necessary .trenching, excavating, and backffiling, including furnishing of any imported backffil material required, and will furnish, install, and transfer ownership to Utility of any conduit required other than the conduit portion of cable-in-conduit, or Developer will pay to Utility as specified herein and before start of construction Utility's estimated costs thereof. 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; and WHEREAS, The total footage of property fronting on and contiguous to streets within the subdivision is agreed to be N/A . feet; and WHEREAS, An additional portion of the under- ground extension is to be installed by Developer in accordance with Utility's specifications and timing requirements, as set forth in said Exhibit A, and the estimated installed cost of said additional facilities installed by Developer is agreed to be $8 a 9 0 0.0 0 ; and WHEREAS, Upon acceptance by Utility and transfer of ownership of said additional portion of the underground facilities to Utility, the estimated installed cost will be .~;andre~bursed to developer. Initial WHEREAS, Underground service connections to each applicant from the underground distribution system will be installed and maintained as provided in UtiUty's rules applicable thereto; and WHEREAS, Street lighting and extension of electric lines within the subdivision solely for service to street lighting equipment will be installed in accordance with the appropriate tariff schedule. Electroliers'will be located at points approved by the governmental agency having jurisdiction over streets to be dedicated to that agency or by Developer for privately owned and maintained streets open to and used by the general public; and WHEREAS, Extension of electric lines in excess of 200 feet outside the boundaries of the subdivision will be installed pursuant to Utility's Rule No. 15, Line Extensions, except that the free footage allowances set forth therein will be reduced by 50% for appliances installed within the subdivision. 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. Utility will complete construction of said extension, provided Utility has the legal fight to occupy public streets, roads, and highways necessary for the ~ c,= ,.,-^ .,,v ./., construction, operation, and maintenance of such exten- sion, or has first obtained rights of way therefor on public lands and private property satisfactory to and without cost to or condemnation by Utility. 2. Said extension of electric distribution lines and any street lighting system installed by Utility 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 and street lighting equipment installed by or required of Developer, 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 upon 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 part of Developer. 5. The refundable amount advanced by Developer will be subject to refund without interest, in accordance with the following provisions: (a) When a building has been completed on a lot within the subdivision and service is supplied to the first permanent domestic customer in that building, an amount equal to the total refundable advance divided by the total number of lots within the subdivision covered by the advance will be refunded (or credited to Developer's account if the advance has been postponed). For the purposes of such refunds, the total number of lots is agreed to be N/A . (b) When buildings have been completed on 90% of the agreed total number of lots within the subdivision and service is supplied to at least one permanent domestic customer in each of such buildings, any remainder of the refundable advance will be refunded. 3. Developer will provide that degree of supervision over and coordination between grading, trenching, exca- vating, and other contractors as required to assure that Utility's underground facilities remain at the depth below f'mal 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 any and ali damage to Utility arising in any way from the failure to provide said supervision, including but not limited to damage represent- ed by the cost to Utility of correcting an inadequate trench and/or excavation depth or other known condition exposing Utility to damage. 4. Developer shall concurrently with the execution hereo~f~,~ay to Utility the nonrefundable sum of $IN/~ . In addition to said nonrefundable sum, Develover agrees to Pay a refundable amount of $ N/~ . Develop~_r shall pay concurrently with the execution hereof $ N/~ of said ..r~,f.undable amount and payment of the remainder of $ shall be postponed for a period of not more than six months from the date Utility is th-st ready to render service from the line extension. Developer agrees to pay to Utility immediately at the end of said six-month period, all such amounts not previously advanced which are not then refundable. 6aid- ~mmm~s~.e~etr h-mint reflect- ~ed~ (c) All refunds will be made promptly and without interest, but not later than 90 days after eligibility for refund is established. (d) In the event that any portion of the refundable advance has not qualified 'for refund at the end of 12 months after date Utility is first ready to render service from the underground extension within the subdivision, Developer will pay to Utility Utility's ownership costs on that portion, of the refundable advance for which no refunds have been made or are eligible to be made. Ownership costs will be equal. to ~% per month of the difference between the total refundable amount advanced and any refunds made or eligible to be made to Developer. Payment of such ownership costs normally will be made by deduction from Developer's refundable advance, but such deduction will not reduce the amount on which the cost of ownership charge is based. (e) No payment wili be made by Utility in excess of the refundable amount advanced by Developer nor after a period of l0 years from the date Utility is first ready to · render service from the extension within the subdivision, and any unrefunded amount remaining at the end of the 10-year period will become the property of Utility. Developer's obligation to pay ownership costs will terminate at the end of said 1 O-year period. 6. 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. 7. This contract is subject to the Rules of Utility. Initial 8. This contract shall at all times be subject to such changes or modifications by the Public Utilities Commis- sion 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 first above written. Name Ci=y of Tus~in DEVELOPER SOUTHERN CALIFORNIA EDISON COMPANY By District Manager Title Address Central Orange County District Witness Address Completion Date Requested by Developer Date Utility First Ready to Serve 6429". 1905, X-1905 W.O. No. ,19 ,19 EXTENSION/INSTALLATION DATA 1. Footage of Property Fronting on Streets 2. Utility's Estimate Trench, Backf'~ll, and Conduit Cost . 3. Utility's Estimate Riser Cost 4. Estimated Completion Cost, (1.) x $$.$$ 5. Number Residential Lots 6. (5.)x 125 feet 7. Number Separately Metered Dwelling Units in Excess of Two in Each Multifamily Building 8. (7.)x 25 feet 9. (l.) less the sum of (6.) plus (8.). A negative result will be entered as zero 10. (9.)x $1.00 I 1. Number of Ornamental Street Lights 12. (11.) x $ , ornamental differential cost 13. Utility's Estimated Other Costs for Installation/Completion Street Lighting System. (Excluding costs included in (2.) above.) 14. Other Charges or (Credits), Explain N/A feet feet " feet _~ Nonrefundable Amount Due (2.) plus (33 plus (10.) plus (12.) plus (133 plus/minus (14.) Refundable Amount Due Concurrently Due Postponed for Six Months Total Refundable, (4.) less (10.) N/A (Enter NA for "Not Applicable" where required)