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Home My WebLink AboutContracts & Agreements_54-2006_CCv0001.pdf � ^ CONTRACT FOR EXTENSION OF ELECTRIC DISTRIBUTION LINE RULE NO. 15 1' PARTIES This contract for Extension ofElectric Distribution Line ("Conbact ) isissued this 21day cf March, 20X06l The Parties hothe Contract are: City Of Redlands and Southern California Edison Company ("Edioon"). Applicant and Edison are referred boindividually aa "perty'and collectively ae"Partiem" 2. RECITALS Applicant has requested Edison, pursuant to Edison's F7:|e No. 15, Distribution Line Exteneions, to install an electric distribution line extension ("LinaExtension") tothe location orlocations described asfollows: Highway Orange Redlands Cm (Hereinafter referred to as"Project") 3. AGREEMENT 3.1 Responsibilities of Applicant Construction Applicant shall, in accordance with Edison's specifications and timing requirements for the Project: " Perform route clearing, tree trimming, trenching, excavating, and backfilling and compacting; " Furnish imported backfill material and dispose of trench spoil as required; " Furn|ah, install and transfer ownership to 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. |fApplicant elects b> have Edison perform any part of this work, Applicant shall pay toEdison, ae specified herein and before the start Vfconstruction, Edison'a estimated-installed cost thereof, Rights of Way Applicant hereby grants to Edison the rights of way and easements for the Line extension over the shortest, most practical, available, and acceptable route within Applicant's property for the purpose ofmaking delivery ofelectric service hereunder. Such easement shall include the right ofaccess and right totrim trees asnecessary. Where formal rights ofway, easements, |and |eoees, orpermits are required bvEdison for installation ofha i|/tieoonoroverApp|icanfs property, or the property of others, Applicant understands and agrees that Edison shall not be obligated to install the Line extension for the Project unless and until any necessary permanent rights ofway, easements, land leeSes, and penniba. satisfactory to Edison, are granted to or obtained for Edison without cost hoorcondemnation by Edison, 1 , . Advances Applicant shall contribute oradvance, before the start ofconstruction,. the refundable and non- refundable announhsosset fo�hinAppendix Abothis (�omdnaoL Thisindudemthe 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 befurnished orpaid for byApplicant and shall beinstalled byEdison. All contributions and advances Applicant are taxable and shall include anIncome Tax Component ofContribution (|TCC) at the rate provided in Edieon'a Preliminary Statement. |TCC will be either refundable or non-refundable depending on whether the corresponding contribution oradvance iorefundable ornon-nafundob|e. Joint Applicants, The total contribution or advance from joint Applicants will be apportioned by Edison among the members of the group in such manner as Applicants mutually agree. 3'2 Responsibilities of Edison Construction Edison shall inctoU, ovxn, operate, and maintain the Line Extension hnserve 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 ofFacilities Title boand ownership ofthe Line Extension shall vest inEdison. Applicant does henabvagree that upon completion and acceptance by Edison ofany App|imen�inebaUed facilities, title to 'each and every component part thereof shall immediately pass toEdison free and clear ofall liens and encumbrances. 3.4 Service Facilities Service extensions shall be installed pursuant to Ediann's Rule No. 16. Service Extensions. 3-5 Street Lighting Facilities Street lighting and Line Extensions within the Project ao(ak/foraervicetomtreetUghUng *quipment shall be installed in accordance with the appropriate street light tariff schedule. Street light revenues are not applicable toward allowances orrefunds for Line Extensions. E|eutroUermshall ba located etpoints determined bythe governmental agency having �'uhndiotionover streets tobe dedicated%othat agency orbyApplicant for privately owned and maintainedstreets open toand used bvthe general public, 3'6 Non-Refundable Discount Option |nlieu ofcontributing the total refundable amount, Applicant has the option ofcontributing, ona non-refundable basis, apercentage ofsuch refundable amount asset forth inAppendix Atothis Contract, Applicant has or has not chosen this option as indicated by signature on Appendix A. 3.7 Refunds The total refundable amount shall be subject to refund, without interest, in accordance with the provisions ofRule No. 16, which include the following: 2 ~ . Residential. Refunds will be made on the basis of any new customer permanent load connected hothe Line Extension, which produces additional revenues toEdison. The refund will bededucted from the total refundable amount, and the remaining amount subject ho refund will represent that portion ofthe Line Extension cost not supported byrevenues. Non-Residential. Refunds will bemade onthe basis ofApplicant orany new customer permanent load connected to the Line Extension, which produces additional revenues to Edison. Edison shall be responsible to review Applicant's actual net revenue for the first three yearsfrom the date Edison isfirst read 0oserve. Applicant shall beresponsible for i inQEdieonifnew. permunant/oadis added the fourth through tenth year from the date Edison isfirst read toserve. Such review shall determine |fadditional net revenue justifies refunds tmApplicant. Unsupported Extension Cost. When any portion ofarefundable amount has not qualified for a refund atthe end of twelve (12) months from the date Edison is first ready to serve, Applicant will pay toEdison gnownership 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 as the basis of monthly ownership charge ("base"). Monthly ownership charges are calculated by multiplying the base times the Customer-financed added facilities percentage in Rule No. 2. Monthly ownership charges are distinct from the refundable amount and will normally be accumulated and deducted from refunds due bzApplicant. 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 uhargeo, effective on the date of such authorization. Refund Period. The total refundable amount is subject to refund for a period of ten (10) years after the Line Extension iafirst ready bnserve. Any unrefunded amount remaining at the end of the ten- year period shall become property of Edison. 3.8 Payment Adjustments Contract Compliance. If, after six(8) months following the date Utility iafirst 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 estimatedtotal costs to remove, abandon, or replace the excess facilities, less the estimated salvage of any removed facilities. 3.9 Reimbursement tmApplicant Where mutually agreed upon bmEdison and Applicant, Applicant, may perform Edison'swork or install facilities normally installed bvEdison. Such work shall beinaccordance with Ediaon's specifications and timing requirements. Edison shall reimburse Applicant Ediaon'eestimated installed cost of such facilities and work by applying a credit toward Applicant's advance. Any amount not so credited shall be reimbursed to Applicant 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 Contract, shortage of labor or material, strike, labor disturbance, war, riot, weather conditions, 3 ^ ^ governmental rule, regulation or order, including orders or judgments of any court or commission, delay inobtaining necessary land rights, act cf God, Vrany other cause orcondition bevondthe control ofEdison. ' 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 projects, xvhiuhitdeenno. inibuao|ediecreUon. mootirnportanttomarvatheneedsofiba customers. Any delay in construction hereunder resulting from such allocation shall be deemed to because beyond Edieon'econtrol. 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 causes beyond its reasonable control within one year form the effective date ofthe 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 ofsuch increased costs and give the option to either terminate this Contract orpay 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 Contnact. Applicant agrees to forfeit that portion of the advance paid to Edison for its expenses covering any engineering, surveying, right ofway acquisition and other associated work incurred bvEdison. 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, agents, employees, assigns, and successors in interest from and against any and all liability, damages, losses, claims, demands, actions, causes of action, costs including attorney's fees and expenses, orany ofthem, resulting from the death orinjury toonypensonordgrnmge `boanypnopehyoaused by Applicant or its contractor and employees, officers or agents of either Applicant or its contractor, or any of them, and arising out of the performance or nonperformance of their obligations under this Contract. 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 of the Contract shall not release Applicant from any of the obligations under this Contract unless otherwise provided therein. 3.14 Joint and Several Liability Where two or more individuals or entities are joint Applicants under this Contract, all Applicants shall be jointly and severally liable to comply with all terms and conditions herein, 3'15 Warranty Applicant warrants that all work and/or equipment furnished or installed by Applicant or its contractor shall befree ofdefects inworkmanship and material. The warranty period shall begin from the date offinal acceptance byEdison and extend for one(1)year. Should the work develop defects during that period, Edison, at its e|ect|on, shall either(a) repair orreplace the defective work and/or equipment, or(b) demand that Applicant repair orreplace the defective work and/or 4 . ` equipment and, in either event, Applicant shall be liable for all costs associated with such repair and/or replacement. Applicant upon demand bvEdison, shall promptly correct, boEdison's satisfaction and that of any governmental agency having jurisdiction, any breach of any warranty. 3.16 Contract Eteothwm Date This Contract shall not be effective unless itio (1)executed and delivered byApplicant toEdison together with payment required hereunder within ninety(90) days of the date in Paragraph 1 of this Contract and (2)accepted bxEdison. This Contract shall then baeffective onthe date executed bv Edison and shall take effect without further notice toApplicant. 3.17 Commission Jurisdiction This Contract is subject to the applicable provisions of Edison's tariffs, including Rule No. 15, filed and authorized bvthe California Public Utilities Commission. 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 ofits jurisdiction. 3.18 Completion Date The completion date requested bvApplicant ie 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, PARTNERSHIP, DRDBA: City of Redlands I Municipal Utilities ffi-pt- NAME Jon Harrison SIGNATURE: TITLE: ' Mavor MAILING ADDRESS: P.O. Box 3005. Redlands. CA 92373 . TE ' ATTEST: 7 tt4lul(."k," Lorrie Povzer, City Clerk ' 'ADDITIONAL GNATURES VQ�)JQINT APPLICANTS ' l NNAMEOF AUTHORIZED INDIVIDUAL: SIGNATURE: TITLE: � MAILING ADDRESS: TELEPHONE: NAME OF AUTHORIZED INDIVIDUAL: SIGNATURE: TITLE: MAILING ADDRESS: TELEPHONE: APPORTIONMENT OF ADVANCE AMONG JOINT APPLICANTS SOUTHERN CALIFORNIA EDISON COMPANY NAME OF AUTHORIZED INDIVIDUAL: William D. Korn SIGNATURE: 'z 6- TITLE:SERVICE PLANNER DATE EXECUTED: 03/21/2006 DATE EDISON FIRST READY TO SERVE: WORK ORDER NO, 6731-2394,62054 ASSOCIATED WORK ORDER NOS. Form No. 16-330 6950424.03 11/2001