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UTILITY AGREEMENT
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COUNTY
Los Angeles
ROUTE
Atlantic Blvd. Bridge over the LA River
POST MILE
N/A
EA NO.
07932107L
FEDERAL AID NUMBER
5139(010)
OWNER’S FILE NUMBER
2608
FEDERAL PARTICIPATION/FEDERALLY ELIGIBLE/ NEPA DOCUMENT On the project YES NO On the Utilities YES NO
UTILITY AGREEMENT NO. SCE-01 DATE __________
The City Of Vernon hereinafter called ““LOCAL AGENCY” proposes to reconstruct the Atlantic Blvd. Bridge where it crosses over the Los Angeles River, in the City of Vernon, Los Angeles County, California. and
Name: Southern California Edison (SCE)
Address: 1924 Cashdan Street Compton, CA 90220
hereinafter called “OWNER”, owns and maintains
Transmission telecommunication facilities along Atlantic Blvd. in the City of Vernon. within the limits of LOCAL AGENCY’S (City Of Vernon) project which requires relocation in order to accommodate City Of Vernon’s project. The overhead transmission telecommunication line to be relocated and constructed is more particularly described in two plans, Plan No. 802134393 of 97 sheets and Plan No. 802259754 of 9 sheets to accommodate City Of Vernon’s project.
It is hereby mutually agreed that:
I. WORK TO BE DONE
In accordance with Notice to Owner No. SCE-01 dated 09/04/2026, OWNER shall relocate and construct overhead to underground transmission telecommunication lines and shoofly along Atlantic Blvd., within the City of Vernon’s project.
All work shall be performed substantially in accordance with Plan No. 802134393 of 97 sheets and Plan No. 802259754 of 9 sheets, copies of which is on file in the City Of Vernon office at 4305 Santa Fe Avenue, Vernon CA 90058.
Deviations from the OWNER’s plan described above initiated by either LOCAL AGENCY or OWNER, shall be agreed upon by both parties hereto under a Revised Notice to Owner. Such Revised Notices to Owner, approved by LOCAL AGENCY and agreed to/acknowledged by 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 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.
II.LIABILITY FOR WORK
The existing facilities described in Section I above will be relocated at _100__% LOCAL AGENCY’s (City Of Vernon) expense and _0_% OWNER’s expense in accordance with the easement.
UTILITY AGREEMENT (Cont.) Page 2 of 5
CITY OF VERNON
UTILITY AGREEMENT NO. SCE-01
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.
Use of 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. 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 California Department of Human Resources travel expense guidelines.
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. OWNER shall indemnify and hold LOCAL AGENCY harmless for claims, penalties, or assessments arising out of OWNER’s or OWNER’s contractor(s) failure to comply with prevailing wage obligations, excluding claims, penalties, or assessments caused by PUBLIC AGENCY’s active negligence.
IV.PAYMENT FOR WORK
LOCAL AGENCY shall pay its share of the actual and necessary cost of the herein described work within 45 days after receipt of OWNER’s itemized bill, 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, Federal Energy Regulatory Commission or Federal Communications Commission, whichever is applicable.
Not more frequently than once a month, but at least quarterly, OWNER will prepare and submit detailed itemized 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 CITY OF VERNON 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 CITY OF VERNON within 120 days after the completion of the work described in Section I above. If CITY OF VERNON has not received a final bill within 360 days after notification of completion of OWNER’s work described in Section I of this Agreement, and CITY OF VERNON has delivered to OWNER fully executed Director’s Deeds, Consents to Common Use or Joint Use Agreements for OWNER’s facilities (if required), CITY OF VERNON will provide written notification to OWNER of its intent to close its file within 30 days. OWNER hereby acknowledges, to the extent allowed by law, that all remaining costs will be deemed to have been abandoned. If CITY OF VERNON processes a final bill for payment more than 360 days after notification of completion of OWNER’s work, payment of the late bill may be subject to allocation and/or approval by the California Transportation Commission.
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, CITY OF VERNON 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 CITY OF VERNON. 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.
UTILITY AGREEMENT (Cont.) Page 3 of 5
CITY OF VERNON
UTILITY AGREEMENT NO. SCE-01
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 OWNERS 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 CITY OF VERNON.
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 in accordance with Contract Cost Principals and Procedures as set forth in 48 CFR, Chapter 1, Subpart E, Part 31 by CITY OF VERNON and/or Federal Auditors. In performing work under this Agreement, OWNER agrees to comply with the Uniform System of 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 2 CFR, Part 200, et al. If a subsequent State and/or Federal audit determines payments to be unallowable, OWNER agrees to reimburse CITY OF VERNON upon receipt of CITY OF VERNON billing. If OWNER is subject to repayment due to failure by CITY OF VERNON to comply with applicable laws, regulations, and ordinances, then CITY OF VERNON will ensure that OWNER is compensated for actual cost in performing work under this agreement.”
V. GENERAL CONDITIONS
All costs accrued by OWNER as a result of CITY OF VERNON’s request of December 1, 2022, 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 CITY OF VERNON’s project which precipitated this Agreement is canceled or modified so as to eliminate the necessity of work by OWNER, CITY OF VERNON will notify OWNER in writing, and CITY OF VERNON reserves the right to terminate this Agreement by Amendment. The Amendment shall provide mutually acceptable terms and conditions for terminating the Agreement.
All obligations of CITY OF VERNON under the terms of this Agreement are subject to the acceptance of the Agreement by CITY OF VERNON’s City Council or the Delegated Authority (as applicable), the passage of the annual Budget Act by the State Legislature, and the allocation of those funds by the California Transportation Commission.
OWNER shall submit a Notice of Completion to the CITY OF VERNON within 30 days of the completion of the work described herein.
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 Caltrans highway right of way, a Joint Use Agreement or Consent to Common Use Agreement shall be executed by the parties.
It is understood that said highway is a Federal aid highway and accordingly, 23 CFR, Chapter 1, Part 645 is hereby incorporated into this Agreement.
In addition, the provisions and guidance of 23 CFR 635.410, Buy America, 2 CFR 184 Buy America Preferences for infrastructure Projects, 2 CFR 200.322, Domestic Preferences for Procurements, and Memo M-24-02, “Implementation Guidance on Application of Buy America Preference in Federal Financial Assistance Programs for infrastructure”, from the Office of Management and Budget, Executive Office of the President, dated October 25, 2023, are also incorporated into this agreement.
Owner understand and acknowledges that this project is subject to the requirements of the Buy America law (23 U.S.C., Section 313) and applicable regulations, including 23 CFR 635.410, 2 CFR 184 and 2 CFR 200.322 and FHWA guidance, and will demonstrate Buy America compliance by collecting written certification(s) from the vendor(s) or by collecting written certification(s) from the manufacturer(s) i.e. mill test report (MTR) or letter from Manufacturer on company letter head with an authorized representative signature stating the following, “All manufacturing processes for these materials, including the application of coatings, have occurred in the United States.” UTILITY AGREEMENT (Cont.) Page 4 of 5
CITY OF VERNON
UTILITY AGREEMENT NO. SCE-01
All documents obtained to demonstrate Buy America compliance will be held by the OWNER for a period of three (3) years from the date of final payment to the OWNER and will be made available to STATE or FHWA upon request.
One set of copies of all documents obtained to demonstrate Buy America compliance will be attached to, and submitted with, the final invoice.
This does not include products for which waivers have been granted under 23 CFR 635.410, 2 CFR 184, or other applicable provisions.
If, in connection with OWNER’s performance of the Work hereunder, CITY OF VERNON provides to OWNER any materials that are subject to the Buy America Rule, CITY OF VERNON acknowledges and agrees that CITY OF VERNON shall be solely responsible for satisfying any and all requirements relative to the Buy America Rule concerning the materials thus provided (including, but not limited to, ensuring and certifying that said materials comply with the requirements of the Buy America Rule).
CITY OF VERNON further acknowledges that OWNER, in complying with the Buy America Rule, is expressly relying upon the instructions and guidance (collectively, “Guidance”) issued by Caltrans and its representatives concerning the Buy America Rule requirements for utility relocations within the State of California. Notwithstanding any provision herein to the contrary, OWNER shall not be deemed in breach of this Agreement for any violations of the Buy America Rule if OWNER’s actions are in compliance with the Guidance.
THE ESTIMATED COST TO CITY OF VERNON FOR THE ABOVE DESCRIBED WORK IS:
Phase 1 Plan No. 802134393- Shoofly: $136,006.00
Phase 2 Plan No. 802259754- Final: $142,992.00
Total: $278,998.00
Signatures on following page.
IN WITNESS WHEREOF, the above parties have executed this Agreement the day and year above written.
AGENCY: OWNER:
CITY OF VERNON SOUTHERN CALIFORNIA EDISON
By By
Brian Saeki Date Brandon Ritz Date
City Administrator Project Manager
ATTEST:
By
Genoveva Rocha
City Clerk
Date
APPROVED AS TO FORM:
By
Zaynah Moussa-Milward
City Attorney
Date