Exhibit 14-F Utility Agreements
City of Menifee
UTILITY AGREEMENT
County Route P.M. Project #
Riverside I - 215 17.5 0815000087
Fed. Aid. No.
Owner's File
FEDERAL PARTICIPATION: On the Project : No
On the Utilities: No
UTILITY AGREEMENT NO. 1
The City of Menifee hereinafter called "LOCAL AGENCY" proposes to construct a four-lane bridge over the I215 freeway on Holland Road, in the City of Menifee, Riverside County, California.
And: Southern California Edison (SCE) hereinafter called "OWNER," owns and maintains Distribution Electrical facilities; within the limits of LOCAL AGENCY’s project that requires relocation of said facilities to accommodate LOCAL AGENCY’s project.
It is hereby mutually agreed that:
I. WORK TO BE DONE:
In accordance with Notice to Owner dated February 6, 2015, OWNER shall perform all removal and relocation work, as indicated in Exhibit A. All work shall be performed substantially in accordance with OWNER's Plan No.0942336; TD1287547 dated 7-15-2020, consisting of 4 sheets, a copy of which is on file in the Office of the LOCAL AGENCY. Deviations from the OWNER’s plan described above initiated by either the LOCAL AGENCY or the OWNER, shall be agreed upon by both parties hereto under a Revised Notice to Owner. Such Revised Notices to Owner, approved by the LOCAL AGENCY and agreed to/ acknowledged by the OWNER, will constitute an approved revision of the OWNER’s plan described above and are hereby made a part hereof. No work under said deviation shall commence prior to written execution by the OWNER of the Revised Notice to Owner. Changes in the scope of the work will require an amendment to this Agreement in addition to the revised Notice to Owner.
NOTE: Significant changes in previously approved plans and estimates require a revised FHWA Specific Authorization.
II. LIABILITY FOR WORK
For existing facilities on the west side of I-215, those existing facilities are located in their present position pursuant to rights superior to those of LOCAL AGENCY and will be relocated at LOCAL AGENCY’s expense. For existing facilities on the east side of I-215, those existing facilities are located within the LOCAL AGENCY's right of way under permit. The LOCAL AGENCY owns and maintains the existing streetlights and will remove them at their expense. LOCAL AGENCY will pay for disconnection of existing streetlights.
DocuSign Envelope ID: B790C05E-3A66-4BF6-8209-41175863E75B III. PERFORMANCE OF WORK
OWNER agrees to perform the herein-described work with its own forces or to cause the herein described work to be performed by the OWNER's contractor, employed by written contract on a continuing basis to perform work of this type, and to provide and furnish all necessary labor, materials, tools, and equipment required therefore; and to prosecute said work diligently to completion.
OWNER agrees to cause the herein described work to be performed by a contract with the lowest qualified bidder, selected pursuant to a valid competitive bidding procedure, and to furnish or cause to be furnished all necessary labor, materials, tools, and equipment required therefore, and to prosecute said work diligently to completion.
Work performed by OWNER’s contractor is a public work under the definition of Labor Code Section 1720(a) and is therefore subject to prevailing wage requirements; but, work performed directly by OWNER’s employees falls within the exception of Labor Code Section 1720(a)(1) and does not constitute a public work under Section 1720(a)(2) and is not subject to prevailing wages.
OWNER shall verify compliance with this requirement in the administration of its contracts referenced above.
Engineering services for locating, making of surveys, preparation of plans, specifications, estimates, supervision, inspection, are to be furnished by OWNER and approved by LOCAL AGENCY. Cost principles for determining the reasonableness and allowability of OWNER’s costs shall be determined in accordance with 48 C.F.R. Part 31; 23 C.F.R. Part 645; and 18 C.F.R. Parts 101 and 201; and OMB Circular A-87, as and if applicable.
Use of out-of-state personnel (or personnel requiring lodging and meal per diem expenses) will not be allowed without prior written authorization by LOCAL AGENCY's representative. Requests for such authorization must be contained in OWNER's estimate of actual and necessary relocation costs.
Accounting Form FA 1301 is to be completed and submitted for all non-State personnel travel per diem. OWNER shall include an explanation why local employee or contract labor is not considered adequate for the relocation work proposed. Per diem expenses shall not exceed the per diem expense amounts allowed under the State's Department of Personnel Administration travel expense guidelines.
IV. PAYMENT FOR WORK
The LOCAL AGENCY shall pay its share of the actual and necessary cost of the herein described work within 90 days after receipt of OWNER's itemized bill in quintuplicate, signed by a responsible official of OWNER's organization and prepared on OWNER's letterhead, compiled on the basis of the actual and necessary cost and expense incurred and charged or allocated to said work in accordance with the uniform system of accounts prescribed for OWNER by the California Public Utilities Commission (PUC), Federal Energy Regulatory Commission (FERC) or Federal Communications Commission (FCC), whichever is applicable.
It is understood and agreed that the LOCAL AGENCY will not pay for any betterment or increase in capacity of OWNER's facilities in the new location and that OWNER shall give credit to the LOCAL AGENCY for all accrued depreciation of the replaced facilities and for the salvage value of any material or parts salvaged and retained or sold by OWNER.
Not more frequently than once a month, but at least quarterly, OWNER will prepare and submit progress bills for costs incurred not to exceed OWNER's recorded costs as of the billing date less estimated credits applicable to completed work. Payment of progress bills not to exceed the amount of this Agreement may be made under the terms of this Agreement. Payment of progress bills which exceed the amount of this Agreement may be made after receipt and approval by LOCAL AGENCY of documentation supporting the cost increase and after an Amendment to this Agreement has been executed by the parties to this Agreement.
The OWNER shall submit a final bill to the LOCAL AGENCY within 360 days after the completion of the work described in Section I above. If the LOCAL AGENCY has not received a final bill within DocuSign Envelope ID: B790C05E-3A66-4BF6-8209-41175863E75B 360 days after notification of completion of Owner's work described in Section I of this Agreement, and LOCAL AGENCY has delivered to OWNER fully executed Director's Deeds, Consents to Common Use or Joint Use Agreements, if required for OWNER's facilities, LOCAL AGENCY will provide written notification to OWNER of its intent to close its file within 30 days and OWNER hereby acknowledges, to the extent allowed by law, that all remaining costs will be deemed to have been abandoned.
The final billing shall be in the form of an itemized statement of the total costs charged to the project, less the credits provided for in this Agreement, and less any amounts covered by progress billings.
However, the LOCAL AGENCY shall not pay final bills which exceed the estimated cost of this Agreement without documentation of the reason for the increase of said cost from the OWNER and approval of documentation by LOCAL AGENCY. Except, if the final bill exceeds the OWNER's estimated costs solely as the result of a revised Notice to Owner as provided for in Section I, a copy of said revised Notice to Owner shall suffice as documentation. In either case, payment of the amount over the estimated cost of this
In any event if the final bill exceeds 125% of the estimated cost of this Agreement, an Amended Agreement shall be executed by the parties to this Agreement prior to the payment of the OWNER's final bill. Any and all increases in costs that are the direct result of deviations from the work described in Section I of this Agreement, shall have the prior concurrence of LOCAL AGENCY.
Detailed records from which the billing is compiled shall be retained by the OWNER for a period of three years from the date of the final payment and will be available for audit by State and or Federal auditors. In performing work under this Agreement, OWNER agrees to comply with the Uniform System Accounts for Public Utilities found at 18 CFR, Parts 101, 201, et al., to the extent they are applicable to OWNER doing work on the project that is the subject of this agreement, the contract cost principles and procedures as set forth in 48 CFR, Chapter 1, Part 31, et seq., 23 CFR, Chapter 1, Part 645 and 2CFR, Part 200, et al. If a subsequent State and/or Federal audit determines payments to be unallowable, OWNER agrees to reimburse LOCAL AGENCY upon receipt of LOCAL AGENCY billing. If OWNER is subject to repayment due to failure by State/Local Public Agency (LPA) to comply with applicable laws, regulations, and ordinances, then State/LPA will ensure that OWNER is compensated for actual cost in performing work under this agreement.
The existing facilities described in Section I and II above will be relocated at 100% LOCAL AGENCY expense in accordance with this agreement. The estimated cost to LOCAL AGENCY for the above described work is $515,364.00 per Relocation Cost Liability Letter dated July 2, 2020.
V. GENERAL CONDITIONS
All costs accrued by OWNER as a result of LOCAL AGENCY's request of August 10, 2017 to review, study and/or prepare relocation plans and estimates for the project associated with this Agreement may be billed pursuant to the terms and conditions of this Agreement.
If LOCAL AGENCY’s project which precipitated this Agreement is canceled or modified so as to eliminate the necessity of work by OWNER, LOCAL AGENCY will notify OWNER in writing, and LOCAL AGENCY reserves the right to terminate this Agreement by Amendment. The Amendment shall provide mutually acceptable terms and conditions for terminating the Agreement.
OWNER shall submit a Notice of Completion to the LOCAL AGENCY within 30 days of the completion of the work described herein.
LOCAL AGENCY will acquire new rights of way in the name of either the LOCAL AGENCY or OWNER through negotiation or condemnation and when acquired in LOCAL AGENCY's name, shall convey same to OWNER by Easement Deed. LOCAL AGENCY's liability for such rights of way will be at the proration shown for relocation work involved under this Agreement. OWNER shall DocuSign Envelope ID: B790C05E-3A66-4BF6-8209-41175863E75B reimburse the LOCAL AGENCY all costs for the easement.
Where OWNER has prior rights in areas which will be within the highway right of way and where OWNER's facilities will remain on or be relocated on LOCAL AGENCY highway right of way, a Joint Use Agreement or Consent to Common Use Agreement shall be executed by the parties.
Each Party, shall indemnify, defend, and hold harmless the other Party and its officers, employees, and agents from and against all liability, including but not limited to demands, claims, actions, fees, costs and expenses (including attorney and expert witness fees), arising from or connected with anything done or omitted to be done by said Party, its respective officers, employees, agents, contractors, or subcontractors, under or in connection with any work, authority, or jurisdiction delegated to the indemnifying Party under this
All notices, demands, invoices, and communications shall be in writing and delivered to the following addresses or such other addresses as the Parties may designate by written notice:
City of Menifee:
Jonathan G. Smith
City Engineer / Director of Public Works
29844 Haun Road
Menifee, CA 92586
SCE:
Cynthia Wagner
Project Manager – Transmission Construction & Technical Support 300 N. Pepper Avenue, Bldg. B
Rialto, CA 92376
The date of any notice or communication shall be deemed to be the date of receipt if delivered personally, or the date of the receipt or refusal of delivery if transmitted by mail or overnight courier.
Any Party may change its address for notice by giving notice to the other Party in accordance with this section.
LOCAL AGENCY represents and warrants that this Utility Agreement is not subject to 23 CFR 635.410, the BA provisions.
DocuSign Envelope ID: B790C05E-3A66-4BF6-8209-41175863E75B IN WITNESS WHEREOF, the above parties have executed this Agreement the day and year above written.
LOCAL AGENCY (OWNER)
By: By:
Armando G. Villa Cynthia Wagner
City Manager SCE Project Manager
Date: Date: August 11, 2020
APPROVAL RECOMMENDED
By: By:
Jeffery T. Melching (Name)
City Attorney (Title)
Date: Date:
Distribution: 1) Owner, 2) Utility Coordinator, 3) DLAE –File, 4) District Utility Coordinator – File DocuSign Envelope ID: B790C05E-3A66-4BF6-8209-41175863E75B Attest:
9/3/2020
9/3/2020
P
age14-28
September28,2007 LPP 07-04
DocuSign Envelope ID: B790C05E-3A66-4BF6-8209-41175863E75B