Local Assistance Procedures Manual EXHIBIT
14-F Utility Agreements
LPP 07-04 September 28, 2007
Exhibit 14-F Utility Agreements
UTILITY AGREEMENTS
City of Visalia
UTILITY AGREEMENT
County Route P.M. Project #
Tulare Riggin - XXXXX
Fed. Aid. No.: HIPL-5044(140)
Owner's File: CIP0473
FEDERAL PARTICIPATION: On the Project: Yes ☒ No ☐
On the Utilities: Yes ☐ N o ☒
UTILITY AGREEMENT NO. CP0473-SCEX.X
The City of Visalia hereinafter called "LOCAL AGENCY" proposes to widen 0.72 miles of Riggin Avenue from Mooney Boulevard to Conyer Street, in Visalia, Tulare County, California.
And: Southern California Edison
hereinafter called "OWNER," owns and maintains power poles and structures; 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 No.________ dated ________, OWNER shall relocate and remove existing infrastructure. All work shall be performed substantially in accordance with OWNER's Plan No. ____ dated _________ consisting of ____sheets, SCE’s work order for this project is TDXXXXXXXX, a copy of which is on file in the Office of the LOCAL AGENCY at 315 E Acequia Ave, Visalia CA 93291.
Deviations from the OWNER’s plan described above initiated by e ither the LOCAL AGENCY or the OWNER, shall be agreed upon by both parties hereto under a Revi sed 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 ex ecution 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.”
II. LIABILITY FOR WORK
“The existing facilities described in Section I above will be relocated at 20% LOCAL AGENCY’S expense and 80% OWNER’s expense in accordance with the following proration:
Local Assistance Procedures Manual EXHIBIT
14-F Utility Agreements
LPP 07-04 September 28, 2007
8 poles at 100% = 8; 2 poles at 0% = 0
Total Poles SCE Liable/Total Poles Relocated
8/10 = 80% SCE; 20% City.”
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 wri tten contract on a continuing basis to perform work of this type, and to provide and furnish all neces sary 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. OWNE R 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 th e 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 excep tion 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.”
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 q uintuplicate, 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 Co mmission (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 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 thi s 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 360 days after notification of completion of OWNER’s work described in Section Local Assistance Procedures Manual EXHIBIT
14-F Utility Agreements
LPP 07-04 September 28, 2007
I of this Agreement, and LOCAL AGENCY has delivered to OWNER fu lly executed Director's Deeds, Consents to Common Use or Joint Use Agreements as requir ed for OWNER’s facilities; LOCAL AGENCY 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.”
“The final billing shall be in the form of an itemized statemen t 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 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 pr ior 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 pr ior 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 in accordance with Contract Cost Principals and Procedures as set forth in 48 CFR, Chapter 1, Subpart E, Part 31 by LOCAL AGENCY 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 pro cedures 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 unallowabl e, OWNER agrees to reimburse AGENCY upon receipt of AGENCY billing. If OWNER is subject to repayment due to failure by Local Public Agency (LPA) to comply with applicable laws, regul ations, and ordinances, then LPA will ensure that OWNER is compensated for actual cost in pe rforming work under this agreement.”
V. GENERAL CONDITIONS
“All costs accrued by OWNER as a result of LOCAL AGENCY's request of_________ 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 condition s for terminating the Agreement.”
“All obligations of LPA under the terms of this Agreement are s ubject to the acceptance of the Local Assistance Procedures Manual EXHIBIT
14-F Utility Agreements
LPP 07-04 September 28, 2007
Agreement by LPA Board of Directors 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 LOCAL AGENCY within 30 days of the completion of the work described herein.”
“It is understood that said highway is a federal aid highway an d accordingly, 23 CFR, Chapter 1, Part 645 is hereby incorporated into this Agreement.”
“In addition, the provisions of 23 CFR 635.410, BA, are also incorporated into this agreement. The BA requirements are further specified in Moving Ahead for Progr ess in the 21st Century (MAP- 21), section 1518; 23 CFR 635.410 requires that all manufacturing processes have occurred in the United States for steel and iron products (including the applic ation of coatings) installed on a project receiving funding from the FHWA.”
“Owner understands and acknowledges that this project is subjec t to the requirements of the BA law (23 U.S.C., Section 313) and applicable regulations, including 23 CFR 635.410 and FHWA guidance and will demonstrate BA compliance by collecting writt en certification(s) from the vendor(s) or by collecting writte n certification(s) from the ma nufacturer(s) (the mill test report (MTR).”
“All documents obtained to demonstrate BA compliance will be held by the OWNER for a period of three (3) years from the date the final payment was received by the OWNER and will be made available to STATE or FHWA upon request.”
“One set of copies of all documen ts obtained to demonstrate BA compliance will be attached to, and submitted with, the final invoice.”
“This does not include products for which waivers have been gra nted under 23 CFR 635.410 or other applicable provisions or ex cluded material cited in the D epartment’s guidelines for the implementation of Buy America requirements for utility relocations issued on December 3, 2013.”
“If, in connection with OWNER’s performance of the Work hereund er, LOCAL AGENCY provides to OWNER any materials that are subject to the Buy Ame rica Rule, LOCAL AGENCY acknowledges and agrees that LOCAL AGENCY shall be solely respo nsible for satisfying any and all requirements relative to the Buy America Rule concernin g the materials thus provided (including, but not limited to, en suring and certifying that sa id materials comply with the requirements of the Buy America Rule).” Not applicable.
“LOCAL AGENCY further acknowledges that OWNER, in complying wit h the Buy America Rule, is expressly relying upon the instructions and guidance (collectively, “Guidance”) issued by LOCAL AGENCY and its representat ives concerning the Buy America Rule requirements for utility relocations within the St ate of California. Notwithstan ding 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.” Local Assistance Procedures Manual EXHIBIT
14-F Utility Agreements
LPP 07-04 September 28, 2007
This Utility Agreement is for $xxx,xxx.xx
IN WITNESS WHEREOF, the above parties have executed this Agreement the day and year above written.
LOCAL AGENCY (OWNER)
By: B y:
Leslie Caviglia
City Manager, City of Visalia
Darrell Gordon
Project Manager – Transmission Project
Management
Date:
Date:
Distribution: 1) Owner, 2) Utility Coordinator, 3) DLAE –File, 4) District Utility Coordinator – File