HomeMy WebLinkAboutCC 9 S.C.E. UTILITY AG 3-21-88· CONSENT CALENDAR TO: WILLIAM HUSTON, CITY MANAGER FROM: PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION SUBJECT: EAST TUSTIN ASSESSMENT DISTRICT NO. 85-1 EDISON COMPANY UTILITY AGREEMENTS RECOMMENDATION: That the Tustin City Council at their meeting of March 21, 1988 approve the four Edison Company Utility Agreements for Jamboree Road between E1 Camino Real and Bryan Avenue (2), Bryan Avenue between Browning Avenue and Jamboree Road and Irvine Boulevard between Tustin Ranch Road and Jamboree Road 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). Each individual utility company will request the city/Assessment District to enter into an agreement to reimburse their agency for the cost of said required utility work to service the areas within the Assessment District. DISCUSSION: The Southern California Edison Company will be relocating, certain overhead facilities to underground facilities and installing new underground facilities within certain streets within the Assessment District. The four attached Agreements cover both the costs for these relocations and new installations, as well as the Income Tax Component of contribution. These contracts include the following work: ASSESSMENT DISTRICT PROJECT NO. PROJECT NAME AND WORK TYPE COST Jamboree Road, between E1 Camino Real and Bryan Avenue-relocation of overhead facilities $ 64,615.00 Jamboree Road, between E1 Camino Real and Bryan Avenue-income tax component contribution for new facilities $ 13,021.00 Bryan Avenue, between Browning Avenue and Jamboree Road - EAST TUSTIN ASSESSMENT DISTRICT NO. 85-1 EDISON CO. UTILITY AGREEMENT March 14, 1988 Page 2 Relocation of overhead Facilities $186,351.00 Irvine Boulevard, between Tustin Ranch Road and Jamboree Road - Installation of new facilities $ 5,328.00 Ail costs for these reimbursements will be funded by the East Tustin Assessment District and will have no impact on the 1989-88 City budget. Bob Ledendecker Director Public Works/City Engineer BL:bf Attachments (copies of Agreements) AGREEMENT FOR EXTENStON OF UNDERGROUND ELECTRIC LINE TO SERVE NEW COMMERCIAL/INDUSTRIAL DEVELOPMENT (I nstallation by Developer) THIS AGREEMENT, made this 14t~ay of January CALl FORNIA EDISON COMPANY, a corporation, hereinafter called "Utility," and City Of Tustin hereinafter called "Developer," ,19 88, between SOUTHERN WITNESSET. H' WHEREAS, Developer has requested Utility, pursuant to UtiliW'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 Oz'an~e State of California, substantially described as follows: Jamboree b/t E1 Camino Real a Bryan, Tustin ,. Tract No. Cbunty, 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 condult, 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. ~ CSD 190-A REiV 7/76 2. Additional facilities, as requested by Utility, are to be installed 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 $ 5837.00 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 to Developer by Utility. 3. Utility will complete at Utility's expense the installation of the underground di,stribution 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 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. 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 any 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. ~*39,327.00 Ref 15 2 11,012.00 Ref ITCC 6. The amount of $ ~¢i _~_~_q ~ 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 customers 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 b~_Utility, excluding transformers, meters, services, excavating, and backfilling; which cost is agreed to be $ 46,883. ~D .... 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. CSD tgO-A (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 date 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 first above written. DEVELOPER SOUTHERN CALIFORNIA EDISON COMPANY Name By. BY Title Address District Manager · Central Orange Coun~7 District Witness Address W.O. No. 6Z~29-2588, X2588 COmpletion Date Requested by Developer Date Utility First Ready to Serve 19 19 (::SD 190-A AGREEMENT FOR REPLAC~MF_.NT OF OVERHEAD WITH UNDERGROUND DISTRIBUTION FACILITIES (At Applicants' Expense) THIS AGREEMENT, made this 14TH day of January , 1988 , between SOUTHERN CALIFORNIA ED~ON COMPANY, a corporation, hereinafter called 'Utility" and the party or parties whose names are subscribed hereunder as ~Applicants'. City of Tustin W~i~NESSETH: WHEREAS, Applicants have requested Utility, pursuant to Section C. of Utility's Rule No. 20, Replacement of Overhead with Underground Distribution Facilities, to replace Utility's existing overhead with underground distribut.ion facflities;~t the location or locations in the County of 0~'~ - , State of California, substantially described as follows: Jamboree b/t E1 Camino Real & Bryan, Tustin and as shown on the map attached hereto and made a part hereof; and WHEREAS,' It is necessary for all property owners served from Utility's overhead facilities to be removed to agree in writing to perform the wiring changes on owners' premises so that service may be furnished from UtflitY's underground distribution system in accordance with Utility's rules and that Utility may discontinue Utility's overhead service upon comple~ion of Utility's underground facilities; and WHEREAS, Utility is willing to replace Utility's existing overhead with underground distri- bution facilities provided Applicants pay in advance a nonrefundable sum equal to the estimated cost of the underground facilities less the estimated net salvage value and depreciation of the replaced overhead facilities; and WHEREAS, Underground service connections to each applicant from Utility's underground distribution system will be installed and maintained as provided in Utility's rules applicable thereto; 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. Applicants will pay to Utility concurrently with the execution hereof the nonrefundable amount of $ 64,615.00, which is equal to the. estimated cost 'of the underground facilities less the estimated net salvage value and depreciation of the replaced overhead facilities. The amount contributed' thereto by each of said Applicants is designated after his name hereinafter. ~ 47,771.00 Re1 Adv. 16,844.00 287o ITCC 2. Utility will complete the undergrounding of said overhead distribution facilities, pro- vided, however, Utility has been granted rights of way therefor 'satisfactory to and without cost to Utility. 3. Said underground distribution facilities will be and remain the property of Utility. 4. Applicants each agree Applicants will perform necessary wiring changes on Applicants' premises so that service may be furnished from Utility's underground distribution system.in accordance with Utility's rules, and Utility may discontinue Utility's overhead service upon completion of Utility's underground facilities. 5. This contract is Subject to the Rules of Utility. ,cz ¢,o ,,,-, ,,,-~w ,'/- 6. 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 first above written. SOUTHERN CALI~)RNIA EDISON COMPANY By¸ Dis~ict Manager Cen~ral Orange County District SIGNATURE OF APPLICANTS ADDRESS AMOUNT CONTRIBUTED s 64,615.00 TOTAL $. Witness Address AGREEMENT FOR REPLACEMENT OF OVERHEAD WITH UNDERGROUND DISTRIBUTION FACILITIES (Installation by Utility) THIS AGREEMENT, made this 5th day of January ,19 88, between SOUTHERN ~ALIFORNIA EDISON COMPANY, a corporation, hereinafter called 'Utility', and the party or parties whose names are subscribed hereunder as 'Applicants', City of Tustin W1TNESSETH: ...~ :.WHEREAS~ Applicants :bave requested Utility, pursnant to.SectionB, of Utility's Rule No. 20, Replacement of Overhead with Underground Distribution Facilities, to replace Utility's 'exiSting overhead with underground distribution facilities at the location or locations in the County of O~-~r~,,~ . : " "' , State of California, Substantially described as follows: Bryan Avenue between Browning and .Jamboree, Tustin and as shown on the map attached hereto and made a part hereof; and 'a. It is necessary for all property owners served from Utility's overhead facilities to be rems)veal'to ~agree in writing to perform the win.'n§:changes on owners' premises so 'that service may be furnished from Utility's underground distribution system in accordance with Utility's rules and that · Util~iy:may"~iisContinue Utility's overhead service upon completion of Utility's 'under§round facilities, or .......... b;:~Suitable legislation is in effect requiring such· property owners to make· such necessary-- wiring changes and authorizing Utility to discontinue Utility's overhead service; and ~ . WHEREAS, Applicants have requested Utility to furnish and install the pads and vaults for transformers and associated equipment, conduits, ducts, boxes, and electrolier bases and to-perform other Work related to structures and substructures including breaking of pavement, trenching, backfilling, and repaving-reqUired in cOnnection with installation of the underground system; and WHEREAS, Underground service connections to each applicant from Utility's underground distribution system will be installed and maintained as provided in Utility's rules applicable thereto; ., NOW, THEREFORE, in consideration of the premises, ~nd of the mutual promises and covenants of the parties hereto, hereinafter contained, it is mutua,lly agreed by and between the parties hereto as foliows, viz.' * 135,765.00 Relocation Advance 50,586.00 ITCC 1. Applicants will pay to Utility concurrently with the execution of this agreement the nonrefundable amount of $ 186. 351.0,0~hich is the sum of $ -0- , the estimated cost of furnishing and installing the underground structures and substructures, including breaking of pavement, trenching, backfilling, and paving required in connection with installation of the underground system, and of $186,35].. 0Qthe excess, if any, of the estimated costs, exclusive of transformers, meters and services, of completing the underground system over building a new equivalent overhead system. The amount contributed by each of said Applicants is shown hereinafter. 2. Utility will complete the undergrounding of said overhead distribution facilities, pro- vided, however, Utility has been granted rights of way therefor satisfactory to and without cost to Utility. 3. Said underground distribution facilities will be and will remain the property of Utility. .~c~cso ,,~-, ,,=v ,/7~(dw) ,-sM ,z.3o.,, 4. Applicants each agree Applicants will perform necessary wiring changes on Applicants' premises so that service may be furnished from Utility's underground distribution system in accordance with Utility's rules, and Utility may discontinue Utility's overhead service upon completion of Utility's underground facilities. 5.' This contract is subject to the .Rules of Utility. 6.. This contract shall at all times be subject to such changes or modifications by the Public Utilities Commission of the State of California as said. Commission may, from time to time, direct in the exercise of its jurisdiction. IN WITNESS WHEREOF, the parties hereto ha~e executed this a~reement on the day and year first above written- .... sO'UTHERN CALIFORNIA EDISON COMPANY W. 0.. J~6429 7185, .X-7185 By District Manager SIGNATURE OF APPLICANTS ADDRF.~ Central OranEe County District AMOUNT CONTRIBUTED , ,s s186,351'00 .$. TOTAL S Witness .. Address 156-1 -2- AGREEMENT FOn ZNSTALLATION AND CONVEYANCh OF FACILITIES -"his agreement is made this 2nd day of , February 1988 by and -~tween City of Tustin , hereinafter- called "Customer", and Southern dalif0rnia Edison Company, a corporation hereinafter called "Edison". ' · Edison has requested Customer to furnish and install facilities as specified below located at Irvine Blvd. b/t Tustin R~_nch Rd, & Jamboree and at a location on said property as ~esignated by Edison. · '-- · Customer agrees, at Customer's expense, to furnish and install the facilities- specified as follows: · 4~ PAD SLAB ENCLOSURE Man.~.ho le OTHER Duct Customer .further agrees that immediately upon completion of said facilities and acceptance by Edison, title to each and every component thereof shall pass to Edison free and clear of allliens and encum- brances without further action upon the part of Applicant. Upon such conveyance, Edison agrees to pay to Customer Edison's estimated/ installed cost of the facilities which is agreed to be 4,400.00 Edison shall have. the right of ingress to and egress from Customer's premises and access to the facilities for operation and/or maintenance purposes. _ CUSTOMER SOUTHERN CALIFORNIA EDISON Signature Central Orange County Division or~ District Service Address' ~ignature mmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmm#mmmmmmmmmmmm ACCOUNTING DATA W.O. Identity No.. X-1903 Work Order No. 6429-1903, X-1903 AD 412-U Reference Date Work Completed MEMO~UM OF FACILITIES INSTALLED BY THE CUSTOMER DeScription Assembly' (~_,antity Unit Cost A~.__ount Duct Larger than 2%" Man-hole 5' x 10%' X 7' 7,318 2.60 2 2,200.00 $19,027.00 4,400.00 ESTIMATED AMOUNT OF CUSTOMER INSTALLED FACILITIES