Loading...
HomeMy WebLinkAboutContracts & Agreements_166-2006_CCv0001.pdf ` ` CONTRACT FOR EXTEN, 'SION OF-ELECTRIC DI-STR'BUTION LINE RULE NO. 15 `v 76� 1. PARTIES _/ This contract for Extension of Electric Distribution Line ("Contract") is issued this 3rd day of July, 2006. The Parties to the Contract are: City Of Redlands ("Applicant") and Southern California Edison Company /°Ediaon"\. Applicant and Edison are referred toindividually as "pmrty" and collectively ae "Pad\eo^. 2. RECITALS Applicant has requested Edison, pursuant to Edison's Rule No. 15, Distribution Line Extensions, to install an electric distribution line extension ("LineExtennion") tothe location orlocations described asfollows: 1701 N Wabash Redlands, CA 92373 (Hereinafter referred toaa^Pro]eut"} 3. AGREEMENT 3.1 Responsibilities ofApplicant Construction Applicant shall, inaccordance with Edison'nspecifications and timing requirements for the Project: " Perform route clearing, tree trimming, trenching, excavating, and backfilling and compacting; " Furnish imported backfill material and dispose oftrench spoil aerequired; " Furnish, install and transfer ownership tm Edison any substructures, conduit, and protective structures required other than the conduit portion of cable-in-conduit; " Obtain any necessary construction permits for all work performed by Applicant under this Contract. If Applicant elects to have Edison perform any part of this work, Applicant shall pay to Edison, as specified herein and before the start of construction, Edison's estimated-installed cost thereof. Rights of Way Applicant hereby grants buEdison the rights ofway and easements for the Line extension over the shortest, most practical, available, and acceptable route vvithinAppUcant's prVpe�yfor the purpose ofmaking delivery of electric service hereunder. Such easement shall include the right of access and right totrim trees as necessary. Where formal rights of way, easements,.land permits property, or '" pro' of others, Applicant understands and agrees that Edison shall not be oN|gmtedtu �nst8the 'ineaxtensiofor the Project unless and until any necessary permanent rights of way, easements, iand leases, and permits, satisfactory to Edison, are granted to or obtained for Edison without cost toorcondemnation byEdison. V LEAS E, X L'I'UR N DOCUMENT/S 1 Advances Applicant shall contribute or advance, before the start of construction, the refundable and non- refundable amounts aaset forth inAppendix Atuthis Contract. This includes the costs for substructures and conduits, which Edison had previously installed at its expense in anticipation ofthe current Line Extension. Any necessary riser conduit, conduit covering, and miscellaneous | riser material required for the Line Extension shall be furnished or paid for by Applicant and shall be installed by Edison. All contributions and advances by Applicant are taxable and shall include an Income Tax Component of Contribution (|TCC)at the rete provided in Edimon's Preliminary Statement |T{��� will baeither refundable 0rnon-refundable depending onxvhetherthe corresponding contribution or advance imrefundable ornVn-rafundabie. Joint Applicants, The total contribution oradvance from joint Applicants will be apportioned by Edison among the members of the group in such manner as Applicants mutually agree. 3.2 Responsibilities mfEdison Construction Edison shall |nstaU, own, opeoaLe, and maintain the Line Extension boserve the Project. Edison will install only those facilities that, in Edison's judgment, will be used within a reasonable time to serve permanent loads. Refunds Edison shall make refunds to Applicant in accordance with the provisions of Rule No. 15. 3.3 Ownership nfFacilities Title toand ownership ofthe Line Extension shall vest inEdison. Applicant does hereby agree that upon completion and acceptance by Edison of any Applicant-installed facilities, title to each and every component part thereof shall immediately pass toEdison free and clear ofall liens and encumbrances. 3.4 Service Facilities 3an/iue extensions shall be installed pursuant to Ed|aon's Rule No. 16. Service Extensions. 3'5 Street Lighting Facilities Street lighting and Line Extensions within the Project solely for service to street lighting equipment ehoU be installed in accordance with the appropriate street light tariff schedule. Street light revenues are not applicable toward allowances or refunds for Line Extensions. BectroUerm shall be )pcatedatpointsda{erminedbythegovernmnenbe| agancyhovimgjur|sdictionover streets tube dedicated tothat agency orbvApplicant for privately owned and maintained streets opontVmnd used bvthe general public. 3'6 Non-Refundable Discount Option |nlieu ofcontributing the total refundable amount, Applicant has the option ofoonihbuUng on non-refundable basis, apercentage ofsuch refundable amount aoset fo�hinAppendix `contributing, on Contract. App|�anthas orhas not chosen this option aeindicated hysignature onAppendix A. 3.7 Refunds The total refundable amount shall besubject torefund, without interest, inaccordance with the provisions ofRule No, 16. which include the following: Residential. Refunds will be made on the basis of any new customer permanent load connected to 2 . � the Line Extension, which produces additional revenues h/ Edison. The refund will be deducted from the total refundable arnount, and the remaining amount subject to refund will represent that portion ofthe Line Extension cost not supported byrevenues, Non-Residential. Refunds will be made on the basis of Applicant or any new customer permanent load connected to the Line Extension, which produces additional revenues to Edison. Edison shall baresponsible toreview Applicant's actual net revenue for the first three years from the date Edison iafirst read 1nserve. Applicant shall beresponsible for notifying Edison ifnew, permanent load inadded the fourth through tenth year from the date Edison is first read toserve. Such review shall determine ifadditional net revenue justifies refunds to Applicant. Unsupported Extension Cost. When any portion ofarefundable amount has not qualified for o refund atthe end oftwelve (12) months from the date Edison is first ready bzserve, Applicant will pay boEdison onownership charge onthe remaining refundable balance. The difference between the total refundable advance and any refunds made or eligible to be made to Applicant shall serve asthe basis mfamonthly ownership charge ("bmme"). Monthly ownership charges are calculated bv multiplying the base times the Customer-financed added facilities percentage inRule No. 2. Monthly ownership charges are distinct from the refundable amount and will normally be accumulated and deducted from refunds due bmApplicant. This provision does not apply ho individual residential Applicants. The monthly ownership charges herein shall automatically increase or decrease if the California Public Utilities Commission should subsequently authorize a higher or lower percentage rate for the monthly ownership oharges, effective on the deba of such authorization. Refund Period. The total refundable amount is subject to refund for a period of ten (10)years after the Line Extension infirst ready hzserve. Any unrefundedamount remaining at the end ofthe ten- year period shall become property ofEdison. 3.8 Payment Adjustments Contract Compliance. If, after six(6) months following the date Utility is first read to serve residential loads for which allowances were granted, one (1)year for non-residential loads, Applicant fails to take service, or fails to use the service contracted for, Applicant shall pay to Edison an additional contribution, based on the allowances for the loads actually installed. Excess Facilities. If the load information provided by Applicant results in Edison's having installed facilities which are in excess of those needed to serve the actual loads, and Edison elects to reduce such excess facilities, Applicant shall pay to Edison its estimated total costs to remove, abandon, or replace the excess facilities, less the estimated salvage of any removed facilities. 3.9 Reimbursement toApplicant Where mutually agreed upon by Edison and Applicant, Applicant, may perform Edison's work or install facilities normally installed bvEdison. Such work shall beinaccordance with Edimon^s specifications and timing requirements. Edison shall reimburse Applicant Edigon'sestimated installed cost ofsuch facilities and workby applying a credit toward Applicant's advance. Any amount not mo credited shall bereimbursed toApplicant upon acceptance of the work and facilities by Edison. 3.10 Delays in Construction Force Majeure. Edison shall not be responsible for any delay in the installation or completion of the facilities by Edison resulting from the late performance of Applicant's responsibilities under this CmntnsoL shortage of labor or matedo|, strike, labor disturbance, vver, rkot, weather conditions, governmental rule, regulation or order, including orders or judgments of any court or commission, delay in obtaining necessary land rights, act of God, or any other cause or condition beyond the control ofEdison. 3 ` ^ Resources. Edison shall have the right, in the event it is unable to obtain sufficient supplies, | materials, or labor for all of its construction requirements, to allocate materials and labor to construction projeots, which it deems, in he sole discreUon, most important hzserve the needs of its customers. Any delay in construction hereunder resulting from such allocation shall be deemed to bmcause beyond Ed|mon'ucontrol. Contract Revision. |fApplicant does not commence installation ofany facilities which are Applicant's responsibility or Edison is prevented from commencing the installation of the facilities for nmumeo beyond its reasonable controlwithin one year form the effective dobe of the Contract, Edison' may, in its discretion, revise its cost estimate and recalculate the refundable and/or non-refundable amounts set forth herein. Edison will notify Applicant nfsuch increased costs and give the option bz either terminate this Contract or pay Edison the additional charges. 3.11 Contract Termination If at any time during the term of this Contract, Edison is not the sole supplier of electrical requirements for the Project, this Contract may be terminated. Upon termination of the Contract, Applicant agrees toforfeit that portion ofthe advance paid boEdison for its expenses covering any engineering, surveying, right of way acquisition and other associated work incurred by Edison. If such expenses are greater orless than the refundable and/or non-refundable advance, Applicant shall pay to Edison, or Edison shall refund the balance to Applicant, without interest, as the case may be. 3.12 Indemnification Applicant shall, atits own cost, defend, indemnify, and hold harmless Edison, its officers, agenta employees, assigns, and successors ininterest [ �� m �nda� nstanyanda{| |iobi/ib/. demoges ' losses, claims, demands, acbono. causes ofeoUon. costs including a#orney'afees and expenses, orany ofthem, resulting from the death orinjury|oany person ordamages toany property ca'--ed byApp|imnntmritacontnanborondemp|oymes. officersoregentsofeitherApp/icantorha —contractor, under Contract. -- this 3.13 Assignment ofContract Applicant may assign this Contract, in whole or in part, only if Edison consents in writing and the party to whom the Contract is assigned agrees in writing, to perform the obligations of Applicant hereunder, Assignment ofthe Contract shall not release Applicant from any ofthe obligations under this Contract unless otherwise provided therein, 3'14 Joint and Several Liability VVhena two or more individuals or entities are joint Applicants under this Contract. all Applicants shall bejointly and severally liable tocomply with all terms and conditions herein. 3.15 Warranty Applicant warrants that all work and/or equipment furnished or installed by Applicant orits contractor shall he free ofdefects inworkmanship and material. The anh/ period shall beg|nhnmthedahaoffina|aoneptoncebyEdioonand extend for one(1)year, Should the work develop defeot during that period, Edison, atits election, shall either(a) repairurreplace the defective wmrk and/or equipment, or(b)demand that Applicant repair orreplace the defective work and/or equipment and, |neither event, Applicant shall beliable for all costs associated with such repair and/or replacement. Applicant upon demand bvEdison,. ohaUpn/mpUycorrect, boEdison'n maUmhsct|Voand that ofany governmental egen� havingjurisdiction, any breach Vfany warranty. 3.16 Contract Effective Date 4 . . This Contract shall not be effective unless itia (1)executed and delivered byApplicant hzEdison together with payment required hereunder within ninety (QO) days of the date in Paragraph 1 of this Contract and (2)accepted byEdison. This Contract shall then baeffective onthe date executed by Edison and shall take effect without further notice toApplicant. 3.17 Cmnnrniss!mn Jurisdiction This Contract is subject to the applicable provisions of Edison's tariffs, including Rule No. 15, filed and authorized bythe California Public Utilities Commission. This Contract shall, atall times, be subject tVsuch changes ormodifications bythe Public Utilities Commission of the State of California, as said Commission may, from time to time, direct in the exercise of its jurisdiction. 3.18 Completion Date The completion date requested byApplicant in 4. SIGNATURE CLAUSE The signatories hereto represent that they have been appropriately authorized to enter into this Contract on behalf ofthe party for whom they sign. CORPORATION, PARTNERSH|P, OR DBA: City Of Redlands NAME OF AUTHORIZED JON HARRISON SIGNATURE: 6iZz'/ TITLE: TMAYOR MAILINGADDRESS: P.O. Box 3005` Redlands CA 92373 TELEPHONE: (909) 798-7533 ADDITIONAL SIGNATURES FOR JOINT APPLICANTS NAME OF AUTHORIZED INDIVIDUAL: SIGNATURE: TITLE: MAILING ADDRESS: TELEPHONE: kmr 3 a SIGNATURE: TITLE: MAILING ADDRESS: TELEPHONE: APPORTIONMENT OF ADVANCE AMONG JOINT APPLICANTS SOUTHERN CALIFORNIA EDISON COMPANY NAME OF AUTHORIZED INDIVIDUAL: Ryan Jasso SIGNATURE: TITLE:Service Planner DATE EXECUTED: DATE EDISON FIRST READY TO SERVE: WORK ORDER NO. 6531-2301. 62070 ASSOCIATED WORK ORDER NOS. Form No. 16-330 6950424.03 11/2001 } `..Ut;F°LA-N NCK Ut-t-IL;t F'KUJtU I NUI?Ibt:_ var&,rrvv ve.r.v 1 i AZ �3 BOX 8'X 12' I 2W 27 7,14 8 0 3P 3-700 8" 1-3180 CLP 800V 1 Contact: Bill Heasley Phone: (909) 798-7586 60'of 4-4"PVC:30"Cover. Full Encasement I Planner: Ryan JassO 2 ?res>>oa ,-seac�?saav- sa Phone: (909) 807-6731 Cell: (909) 771-9353 j 1 SCE Inspections are schedule )raer to furnish and install 48 hours in advance for concrete Slab Box Pete Ramos (909) 307-6763 on map and instal i onoult from X240 to P241 1cw pull rope nslae duct I UNDERGROUND SERVICE .,7K; 30r,, 1-800-422-4133 or 1-800-227- Call USA for underground 11oc, two working days BEFORE yc,_ — -N GPADE 18T-SPLICE BOX PB 2 x4x 3'b" 3-1fO#2 AL OLP 12/17,KV 12. Cushion €: TRENCH DETAj 1.) ALL STRAIGHT DUCT Rt. 2.)USE 4" DUCT WITH 12` SI 3.)DUCT TO BE A MINIMUM ahstation: Mentone I I 4.)1/4" POLY PULL ROPE Nircuit: Hass 121fli I rid: 032 a I a GRID NO.: DISTRICT i "'A t L I Jj�2 31 - REDLANDS _ Ci THOMAS MAP' ClRCJIT: a . i S80608F4 HASS 12.0 KV --- Hca NTED SCALE: SUBS A710N: -- — t NOT TO SCALE V SCE -- — EN CRS VAPS CAD PLICKERFFACT-OR , � +►•.r E l� 0 I --------- VOLTAGE DPCP