HomeMy WebLinkAboutSouthern California Edison - 1990-03-05 REQ1 ''SST FOR CITY COVOICIL/ 6eO. .30
REDEVE�`LOPMENT AGENCY )�,CTION
Date
March 5, 1990
Submitted to: Honorable Mayor and City Council AP . IVIVZD BY CITY COUNCIL
Submitted by: Michael T. Uberuaga, City Administrato
Prepared by: Louis F. Sandoval, Director of Public Works
2
CL Y �g
Subject: UNDERGROUND AGREEMENTS FOR EDINGER AVENUE/BEACH
BOULEVARD
Consistent with Council Policy? [ ] Yes [ ] New Policy or Exception
X
Statement of Issue, Recommendation,Analysis, Funding Source, Alternative Actions,Attachments:
SIATEMENJ OF ISSUE:
Agreements with'the Edison Company are required prior to the construction of
underground electrical facilities on Edinger Avenue and on Beach Boulevard.
RECQNMfENDATION:
1. Approve the agreement between the Agency and the Southern California Edison
Company regarding the undergrounding of Edison facilities on Edinger Avenue and on
Beach Boulevard.
2. Approve the supplementary agreement between the City/Agency and the Southern
California Edison Company regarding relocation costs of Edison underground facilities
on Edinger Avenue.
ANALYSIS• '
The undergrounding of the overhead utility lines and the removal of the poles along
Edinger Avenue and along Beach Boulevard was identified as a stated goal for the
Huntington Center Commercial District Redevelopment area to improve the asthetics of
the retail area.
On December 7, 1987, the City Council adopted Resolution 5827 establishing underground
Utility District Number 88-1. The district extends along Edinger Avenue, from Gothard
Street to east of Beach Boulevard, and along Beach Boulevard from Holt Street, north to
the 1-405 freeway. Both the Edison transmission facilities and the distribution facilities
are being undergrounded.
The undergrounding will be financed from funds on hand from the Huntington Center
Redevelopment area tax increment. The electrical undergrounding work is being done by
the Edison Company per the Rule 20•-B agreement (customer paid).
The cost of this work will be $1,726,514.00.
Relocation of Edison facilities are required for the intersection widening project at Beach
Boulevard and Edinger Avenue. The City is acting as lead agency for the Orange County
Transportation Commission and the intersection widening is part of the Beach Boulevard
Super Street Project.
Undergrounding Agreement�r Edinger Ave./
Beach Boulevard - RCA
March 5, 1990
Page 2
Continuing to pursue the implementation of the redevelopment district's goals,
authorization was received from the,City Council on December 4, 1989 to retain a
consultant to determine the needs for the Edinger roadway as well as on-site parking and
circulation of the retail centers. This may be done by improving traffic flow and driving
convenience by additional turning lanes, wider or additional travel lanes, driveway
consolidation, on-site parking lot modifications, traffic signal modifications and/or
property consolidations. The exact improvement plan will not be known until completion
of the engineering study. The process to implement the plan will need to include the
consensus and cooperation of the Agency/City, property owners and tenants. This process
is anticipated, therefore, to require more time to accomplish than a normal street
widening project.
With this action the Edison Company then had concerns that the City or Agency may
require the facilities being undergrounded to be relocated in the near future as a result of
additional street widenings and the possibility of the facilities ending up in a travel lane
whereby interruptions may occur during periods when Edison may need to work in the
vaults. The Engineering staff has investigated possible street widening scenarios and
believe that relocations in the future will not be necessary. However, as Edison would be
responsible to relocate, under their franchise agreement, they are requesting either to
postpone the undergrounding of the distribution portion of the work until the Edinger plan
is accomplished and any improvements made or to receive protection from costs to
relocate for four years from the date of the supplementary agreement. Per the agreement
the Agency/City is the only party that can require the relocation. As the Agency/City
would be in control of any future projects, it is likely that no request for relocation would
be given.
Recommended action Is to approve both agreements.
To further complicate this matter, based on the past experiences of not having any
Problem with underground agreements, the Edison Company has pre-ordered materials to
expedite the work and has expended $975,000.00.
EUNDINGSOURCE:
A plan of relocation has been developed by Southern California Edison at a cost of
S1,726,514.00. The funding is budgeted in fiscal account E-TH-PC-920-632-00 (Edinger
Utility District).
ALTERNATIVE ACTION:
1. Authorize an agreement with the Edison Company to install the transmission facilities
and postpone the installation of the distribution portion.
This action is not being recommended as it does not accomplish the goal of the
district and relocations are not anticipated. In addition a relocation of the Edison
overhead facilities would be needed for the Beach and Edinger Super Street
intersection project. Edison now would consider this to be a temporary move as the
undergrounding would be forthcoming and would expect the overhead move to be at
City cost. This would again put us at odds with Edison over interruption of the
franchise.
Undergrounding Agreementer Edinger Ave./
Beach Boulevard - RCA
March 5, 1990
Page 3
2. Do not enter into agreement with Edison Company at this time and postpone or forego
the undergrounding.
This action is not recommended as the undergrounding can be done now and
relocations are not expected. In addition, the Edinger/Beach intersection relocation
would be a problem as stated above.
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Location Map
Agreements
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CITY OF F�ti 1
HUNTINGTON BEACH ��• I�-- -s '-'
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ORANGE COUNTY CALIFORNIA I
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CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
March 6, 1990
Southern California Edison Company
7333 Boisa Avenue
Westminster, CA 92683
Attn: Mike Martin
The City Council of the City of Huntington Beach at the regular meeting
held March 5, 1990, approved Agreement between the Redevelopment Agency
of the City of Huntington Beach and Southern California Edison to enter
into a contract to Reimbuse Edison for the relocation of Electrical
Facilities in the Edinger Corridor if it becomes necessary and also
approved Construction Contract between the Redevelopment Agency of the
City of Huntington Beach and Southern California Edison Co. for
relocation of electrical facilities situated within Edinger Avenue
between Gothard and Hold Avenue.
Enclosed are executed copies of the agreements for your records.
Connie Brockway
City Clerk
CB:bt
Enc.
ITetephone:714-536.52271
6co, 30
REQUEST FG� REDEVELOPMENT%-�GENCY ACTION
February 20, 1990
Date
Submitted to: Honorable Mayor and City Council
Submitted by: Paul E. Cook, City Administrator Q'G
Prepared by: Louis F. Sandoval, Director of Public Works •
Subject: EDINGER AVENUE UNDERGROUND UTILITY DISTRICT
Consistent with Council Policy? ( Yes [ j New Policy or Exceptio
Statement of Issue, Recommendation,Analysis, Funding Source, Al rnative Actions,Attachments:
STAQ EMENI OF-
ISSUE-The Southern California Edison Company has Tequ ted that the Redevelopment Agency
execute an Agreement for Relocation of Electrical acilities.
RECQMMENDATION:
Approve the Agreement and authorize the Redevelopment Chairman and the Agency
Clerk to execute the Agreement on behalf the City's Redevelopment Agency.
ANALYSIS:
On December 7, 1987, the City ouncil adopted Resolution Na. 5827 establishing
Underground Utility District Numbe 88-1. The undergrounding project will extend along
Edinger Avenue from Gothard enue to Beach Boulevard and along Beach Boulevard
from the I--405 on-ramp to Holt venue. The Edison Company has completed design of
the project and intends to adve tise for bids and begin construction upon the execution of
this agreement. The City's Re. on
Agency has previously agreed to bear the full
cost of the project through Ox increment funds from the Huntington Center Commercial
District Redevelopment Pro ect.
FUNDING SOURCE:
A plan of relocation has been developed by Southern California Edison at a cost
$1,726,514.00. The rding is available from Huntington Center Commercial District
Redevelopment Pro' ct Tax Increment Funds.
ALT R A TI S-
Do not approv the undergrounding project and advise SCE to stop work.
7Agree
ent
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SOUTHERN CA JFORNIA EDISON COMPANY
REAL PROPERTIES AND :DMINISTRATIVE SERVICES
LAND SERVICES DMSION A`STERN REGION
TELECOPY TRA.NSIY,[Y`IVAL FtaltM
TO FAX NO: � %f� ) . (�, -- ��.� �
DATE:
TO: � r�. rjT�jv� TELL<:, ITC :
FROM:
P.O. BOX 41
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100 N. LONG BEACII BOULEVARD
LONG BEACH CA. 90801
Room 1012 - Long Beach Building
TELE NO: • / PAX _� ___
FAX NO: (213) 491-2675 / PAX 32675
NO. OF PAGES ( including this page )
DESCRIPTION OF DOCUMENT / INSTRUCTIONS:
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$ 1989
April 26, 1989 APR �
r . L. MARTIN
As, n result of its recent regionalization, Land Services Division is
requesting authorization for its four Regional Minngers, including the
Manager of Project Licensing and Planning and tl<c Matinger of Land
Administration, to approve certain documents that arc; presently
;approved by either the division or department manager.
One reason for the recent change in Land Services is to crc.atc
structure in which the regional Managers can bo responsive to loCal
needs. To accomplish this, they need to be able to approve certain:
documents, particularly those which have rclativcly Iow risks.
The documents .listed below are considered low risk becau;o, before
being approved by Land Services, they have carlior been appravcd
by the management of the department with 'misdicdon for- thf; rirht
that is being acquired, sold, or transferred.
Distribution Quitclaims v Transrnission Quitelai:ns
Blankot Access Quitclaims VEncroachmant Agreements
Consent Agreements ;,/Grant Out Agreements
License and Rental Agreements Utility Agreements
Railroad and Flood Control Permits ,/Consents to Common Use
,/Toint Use Agreements Escrow In structioiis
So that these authorizations will bo consistent throughout the
division, Land Services is also requesting that the Rogional Managers
be given signature approvals for $50,000 on all budgeted items and
$25,000 on non-budgeted items. These dollar amounts will apply to
the documents listed above.
R. W. BRAY'
Approved b �, /,
PP Y
P. L. Martin
Senior Vice President
DA:apps259
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RESOLUTION OF T11E BOARD OF 01R:CTORS
OF SOUTHEMI CALIFORNIA EDIS011 COMPANY
Adopted October 18, 1984
RE; AUTHORIZATION TO MIAGER OF REIN. PROPERTIES
DEPARTMENT TO EXECUTE CERTAIN AGREEMENTS
11M CONVEYANCES RELATING 'IV REAL. PROPERTY
k'HEREAS, by resolution of this Board of Directors
adopted July 19, 1964, the Manager of the Right of Way and Land
Department of this corporation was delegated Certain authority
to execute and deliver .in the name of and on behalf of this
corporation certain agreements, leases and other documents, as
specified therein: and
ValZREAa, the Right of Way and Land Department of this
corporation has been renamed the Real Properties Department of
this corporation and it is deemed desirable to delegate to the
Manager of the Real Properties Department and other persons as
he may designate in writing, subject to Vice Presidential
approval, the same authority previously delegated to the
Manager of the Right of Way and Land Department.
NOW, THEREFORE, BE IT RESOLVED, that, effective on the
crate hereof, the Manager of the Real Properties Department of
` this corporation and such other persons''as'he'may'designate -in "
rw*
Writing, subject to the approval of a Vice President of this
corporation, are authorized to execute in the name of and on
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behalf of this corporation and to deliver iristrumuntn,
agreements and other documcnte-. of any nature primarily
affecting real, properties and real property rights owned, to be
owned, to be acquired or to be disposed of by thin corporation
which may be necessary or convenient to effect or implement the
conveyance or exchange of such properties or interest. therein
(including the right to the use of such properties) by or to
this corporation, provided, however, such authorization shall
not apply to the following:
(a) The acceptance of casements from agencieb of
the United States which impose upon this corporation
the obligation to wheel power for or on behalf of the
United States or in pursuance of a power r4rketing
progran of the United States;
(b) Applications to or license:s from the Federal
Energy Regulatory Commission;
(c) Applications for authorizations or
variances, or acceptances thereof, relating to the
zoning of real property;
(d) Transactions of whatever nature: involving a
value in excess of i1,000, 000 without the written
concurrence of a Vice President of this corporations;
and
- (e) Transactions of whatever nature which will
result in funds or assets of this corporation of a
v'L/Utz J t>1 raX :'Ld ,dL Zarb rvr WWA rcr.0 urc`: , Wjvvv
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value in excess of t100,000 being placed in an
uninsured or unsecured position without the written
concurrence of a Vice President of this corporation.-
and provided further that in arty circumstances where the
provisions of the Trust Indenture dated as of October 1, 1923,
by and between Harris Trust and Savings Bank (successor by
merger to an Illinois corporation of the sane name) , and R. G.
Mason (successor Trustee to welis Fargo Bank, National
Association which was successor trustee to Security Pacific
National Bank, formerly named Security First National Dank
Security-First National Bank of Lou Angeles, successor, by
consolidation and merger, to Pacific-Southwest Txurt & Savincls
Bank) , Trustees, and this corporation, as amended imA
supplemented, or The First Mortgage Indenture dated octc7Ler 1,
1943, by and between The First National Bank of Dei,.ver
(successor of The International Trust Company) and Milton G.
.7anecek (successor to Leo A. Steinhardt) , Trustees, and this
corporation (successor to California Electric Power Company),
as amended and supplemented, require such instruments to be
executed by an officer of this corporation or require further
action by this Board of Directors, such procedure nhall bn
followed.
BE IT FURTHER RESOLVED, that any actions previously
taken by the Manager of the - Real -Properties-•Department which
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wi tlli r, the scope of the authorizat:ioi, j:)r:r,tviou:.).y cortf i rrnecl
upon t:he Manager of the Right of .day and Land Department E rc
h(r r'nby ratified, confirmed and approved.
BE IT FURTHER RESOLVED, that the authority gr6i;ite -1)y
the aforesaid resolution of this Loard adopted July 19, I'Aj(tr
be an(I the name is hereby revoRed and canc'E`led F I; (if t l-x liet i
hereof .
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Southern California Edison Company ►
P.o.sox 800 ►
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22u WALNUT GAd1iE AVENUE
i G.J.GOULD ROSEMEAD.CAUFOANU191770 ►
J MANAGER OF INSURANCE DEPARTMENT
of INSU .AT�4
� Y
Issued to: City of Huntington Beach }
P. 0. Box 190 ►
1 Huntington Beach. CA ,92648
The Southern California Edison Company certifies that the
following Insurance programs are In force as respects:
Rule 20B Pole Line Conversion at Beach Boulevard and Edinger. ►
4 ►
Type of Insurance Company and PolicyPeriod Limits of Liabili ►
yP Policy No. ;
�4 Comprehensive $2 Million
�4 General Liability Self-Insured Continuous Bodily Injury and ►
4 including Auto Liability Property Damage
4 Combined ►
i Excess Comprehensive $50 Million h
Bodily Injury and
4 General Liability Various Continuous ►
4 Including Auto Liability Property Damage
4 Com
bined i
4 ►
4 $100 Million '
Property--All Risk Various Continuous Excess
$2 Million Deductible ►
. 1 ►
Workers'Compensation Self-Insured Continuous Statutory `
4 Y
4
4 `
� t►
i This certificate Is not valid unless signed by an authorizeAPPRO`IED AS TO F
4 representative of the Southern California Edison Company
4 Insurance Department. ►
........... -....
4 1'3-90 City Atlarney }
4 January 10, 1990 . Y
{ Date A razed Representative F
John B. Adams
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CONSTRUCTION CONTRACT BETWEEN THE REDEVELOPMENT
AGENCY OF THE CITY OF HUNTINGTON BEACH AND
SOUTHERN CALIFORNIA EDISON CO. FOR RELOCATION OF
ELECTRICALL FACILITIES SITUATED WITHIN
EDINGER AVENUE BETWEEN GOTHARD AND HOLT AVENUE
THIS AGREEMENT is made and entered into on this %5t day
of , 1989, by and between the REDEVELOPMENT AGENCY OF THE
CITY OF HUNTINGTON BEACH, hereinafter referred to as "AGENCY," and
SOUTHERN CALIFORNIA EDISON CO. , a California corporation,
hereinafter referred to as "UTILITY."
WHEREAS, the City Council of the City of Huntington Beach by
Resolution #5B99 resolved that the public necessity, health, safety
and welfare requires the removal of poles, overhead wires and
associated structures, and the underground installation of wires and
facilities for supplying electric, communication, or Similar or
associated service within that area designated as Underground
District No. 88-1, more particularly described as follows:
The full 100 to 110 feet right-of-way width of
Edinger Avenue from the centerline of Gothard
Street to the centerline of .Beach Boulevard and a
25 foot wide strip north and south of. the southerly
right-of-way line of Edinger Avenue and the San
Diego Freeway on-ramp extending from the centerline
to 450 feet east of the centerline of Beach
Boulevard and the full 132 feet right-of-way width
of Beach Boulevard between the centerline of Holt
Avenue and 150 feet north of the centerline of
Edinger Avenue.
The Huntington Beach Redevelopment Agency has approved the
funding of this contract with tax increment funding which will be
received from the Huntington Center Commercial District Project.
NOW, THEREFORE, in consideration of the promises and
agreements hereinafter made and exchanged, the parties covenant and
agree as follows:
-1-
1. A , NT OF_ WORK: ,RELOCATI,QN_OF ELECTRICAL FACILITIES
a. Work to be done by UTILITY:
(1) UTILITY shall procure and install all
materials, ducts and substructures.
UTILITY shall provide all engineering work
related to relocation (temporary and
permanent) of said Electrical Facilities.
(2) UTILITY will be responsible for all
modifications and/or maintenance.
(3) UTILITY shall procure and install all
ducts, 4/0 bare copper groundwire, and
substructures for a 66kV underground system.
(4) UTILITY shall procure and install all ducts
and substructures for a 12kV and a
telecommunication underground system.
(5) UTILITY shall secure necessary State
Highway Crossing Agreements.
b. Work to be done by AGENCY:
(1) AGENCY, at no cost to UTILITY, shall
provide UTILITY with a reproducible copy of
approved street improvement plans
reflecting the location and relocation of
all temporary and permanent, existing and
proposed underground structures and/or
facilities.
(2) AGENCY, at no cost to UTILITY, but with
UTILITY's cooperation, shall comply with
-2-
the requirements of the California
Environmental Quality Act (CEQA) and shall
prepare any and all Environmental Impact
Reports which may be required by any Agency
having jurisdiction by law.
(3) AGENCY to pay for cost and installation by
UTILITY of two specially designed steel
poles at the Vortheasterly termination and
at the Westerly termination of the 66kV
underground system.
(4) AGENCY to pay for cabling of 66kV, 12kV and
telecommunication ducts by UTILITY, less
the overhead equivalent.
(5) AGENCY, at no cost to UTILITY, shall
provide all replacement tights and other
documents acceptable to UTILITY to effect
the relocation of its facilities.
2. REIMBURSEMENT SCHEDULE
a) UTILITY has provided a firm cost associated with
the relocation of electrical facilities.
b) UTILITY shall not be liable for any losses
incurred by AGENCY caused by its delay in
submitting final payment.
-3-
c) UTILITY's ability to complete relocation of
facilities in contingent upon UTILITY being paid
the final payment.
d) Upon receipt of all monies due, UTILITY will
proceed in a timely manner to perform the
relocation work,
3 . COMPFNSATI,QN
AGENCY agrees to pay and UTILITY agrees to accept
as full compensation for the faithful performance of
this Agreement, subject to any additions or deductions
made under the provisions of this Agreement or the
Contract Documents, a sum of ONE MILLION, SEVEN HUNDRED
TWENTY-SIX THOUSAND, FIVE HUNDRED AND FOURTEEN DOLLARS
($1,726,514 .00) .
4 . COST OF DESIQN, ENQINEF.RINQ AND TOTAL COST ESTIMATES
UTILITY hereby acknowledges receipt of a letter
of commitment from AGENCY stating their responsibility
for all costs absorbed by the UTILITY if the subject
project is cancelled. This is in lieu of an advanced
engineering fee. A firm estimate of costs associated
with the relocation of electrical facilities will be
provided within 40 days of the execution of this
agreement.
5. TER11 QF PAYMENJ
UTILITY expects to submit the final billing to
AGENCY by -3 S19 4 and AGENCY agrees to submit
final payment within thirty days of receipt of
-4--
1 �I
billing. The final billing represents AGENCY's cost to
relocate the electrical facilities and perform related
work as provided for in this Agreement. A breakdown of
these costs will be provided in the final payment.
6. ]DELAY DUE TO JJNQONTRQLLABLE-FQRCES
The UTILITY shall not be responsible for any
delay in their performance hereunder, including but not
limited to UTILITY's relocation of Electrical
Facilities and related work under this Agreement
resulting from shortage of labor or materials, delivery
delays, major equipment breakdown, load management,
strikes, labor disturbances, war, riot, insurrection,
civil disturbance, weather conditions, epidemic
quarantine restriction, sabotage, act of public enemy,
earthquake, governmental rule, regulation or order,
including orders or judgments of any court or
Commission (CPUC) , delay in receiving a Certificate of
Public Convenience and necessity from the CPUC, delay
in obtaining necessary rights of way, act of God or any
cause or conditions beyond the control of UTILITY or
AGENCY.
7. EACILITIES TO REMAIN PROPERTY OF UTILITY
All electrical facilities and appurtenances
(temporary and permanent) thereto installed by UTILITY
under this Agreement shall at all times be and remain
the property of UTILITY.
-5-
$. JURISDICTIM OF BUBLIC UTILITIES COMISSION
This Agreement shall at all times be subject to
such changes or modifications as the California
Utilities Commission may, from time to time, direct in
the exercise of its jurisdiction pursuant to the
authority conferred upon it by law.
9 . TERMINATION
AGENCY shall have the right to terminate this
Agreement on sixty (60) days prior written notice to
UTILITY, for whatever reason.
In the event of termination of this Agreement by
AGENCY, AGENCY agrees to pay UTILITY within thirty (30)
days of demand, for all costs and expenses for
materials, except as hereinafter provided, services,
labor, overhead, etc. , incurred by UTILITY to and
including the date the notice of termination is
received by UTILITY and all costs and expenses required
to effect the termination of this Agreement, including
but not limited to all costs and expenses pertaining to
the restoration, relocation or removal of UTILITY's
electrical facilities (temporary and permanent) ,
equipment and/or materials on the property as well as
cancellation of contracts, purchase orders, etc. ,
between UTILITY and all parties furnishing labor,
materials and services made prior to the termination of
this Agreement.
-6-
At the option of UTILITY, all materials paid by
AGENCY and procured by UTILITY to effect said
relocation may upon termination of this Agreement
either be used by UTILITY for other projects or be sold
by UTILITY as salvage. The net proceeds from the
transfer of the materials to other UTILITY projects or
sale of the materials as salvage shall be deducted from
the costs and expenses to be paid by AGENCY after
deducting UTILITY's applicable administrative costs,
material transportation and conversion costs, taxes and
other outlays or charges associated with such a
transfer or sale.
10. CUANNQES
Any changes to this Agreement shall be made by
supplement thereto and shall abe executed on behalf of
Utility by the Manager of Real Properties and
Administrative Services, or his/her designee, and on
behalf of Applicant by the Mayor or designated
representative.
11. INDEPENDENT CONTRACTOR
it is understood and agreed that the UTILITY is,
and shall be, acting at all times hereunder as an
independent contractor and not as an employee of
AGENCY. UTILITY shall secure, at its expense, and be
responsible for any and all payment of income tax,
social security, state disability insurance
compensation, unemployment compensation and other
-7-
payroll deductions for UTILITY and its officers, agents
and employees, and all business licenses, if any, in
connection with the project.
12. DIFFERING_SITECONDI,TIONS
gtige. The UTILITY shall promptly, and before such
conditions are disturbed, notify the DPW in writing of:
(a) Subsurface or latent physical conditions at
the job site differing materially from those indicated
in this Agreement or the Contract Documents; or,
(b) Unknown physical conditions at the job site,
of an unusual nature, differing materially from those
ordinarily encountered and generally recognized as
inherent to work of the character to be performed under
this Agreement. The DPW shall promptly investigate the
conditions and if it finds that such conditions do
materially so differ and cause an increase or decrease
in the time required for performance of any part of the
work under this Agreement, whether or not changed as a
result of such conditions, an equitable adjustment
shall be made and the Agreement modified in writing
accordingly.
13 . INDEMN F N LD ARMLE
UTILITY hereby agrees to protect, defend,
indemnify and hold and save harmless AGENCY, its
officers, and employees against any and all liability,
claims, judgments, costs and demands, however caused,
-8-
including those resulting from death or injury to
UTILITY's employees and damage to UTILITY's property,
arising directly or indirectly out of the obligations
or operations herein undertaken by UTILITY.
14 . WORKERS_' COMPENSATIQN_INSURANCE
Pursuant to Califgrnia Labor Code 51861, UTILITY
acknowledges awareness of §3700 et seq. of said code,
which requires every employer to be insured against
liability for workers' compensation; UTILITY covenants
that it will comply with such provisions prior to
commencing performance of the worker hereunder.
UTILITY shall maintain such Workers' Compensation
Insurance in an amount of not less than One Hundred
Thousand Dollars ($100,000) bodily injury by accident,
each occurrence, One Hundred Thousand Dollars
($100,000) bodily injury by disease, each emplloyee,
and Two Hundred Fifty Thousand Dollars ($250,000)
bodily injury by disease, policy limit, at all times
incident hereto.
16. INSURANCE
UTILITY shall carry at all times incident hereto,
on all operations to be performed hereunder, general
liability insurance, including coverage for bodily
injury, property damage, products/completed operations,
and blanket contractual liability. Said insurance
shall also include automotive bodily injury and
property damage liability insurance. All insurance
-9-
shall be underwritten by insurance companies in forms
satisfactory to AGENCY for all operations, subcontract
work, contractual obligations, product or completed
operations and all owned vehicles and non-owned
vehicles. Said insurance shall name AGENCY, its
officers, agents and employees and all public agencies
as determined by the CITY as Additional Insureds.
UTILITY shall subscribe for and maintain said insurance
policies in full force and effect during the life of
this Agreement, in an amount of not less than One
Million Dollars ($1,000,000) combined single limit
coverage. If coverage is provided under a form which
includes a designated general aggregate limit, such
limit shall be no less than One Million Dollars
($1,000,000) . In the event of aggregate coverage,
UTILITY shall immediately notify AGENCY of any known
depletion of limits. UTILITY shall require its insurer
to waive its subrogation rights against AGENCY and
agrees to provide certificates evidencing the same.
17. NON-ASSIGNABILITY
UTILITY shall not sell, assign, transfer, convey
or encumber this Agreement, or any part hereof, or any
right or duty created herein, without the prior written
consent of AGENCY and the surety.
18. CITY EMPLOYEESAND QZEICIALS
UTILITY shall employ no AGENCY official nor any
regular AGENCY employee in the work performed pursuant
to this Agreement. No officer or employee of AGENCY
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shall have any financial interest in this Agreement in
violation of Californig Government §1090 et seq.
19 . IMMURATION
UTILITY shall be responsible for full compliance
with the immigration and naturalization laws of the
United States and shall, in particular, comply with the
provisions of 8 U•S•C. §1324a regarding employment
verification.
20. NQTICEM^
All notices required or permitted hereunder shall
be delivered in person or by registered or certified
mail to an authorized representative of the party to
whom delivery is to be made, at the place of business
of such party, or to any other place designated in
writing by such party.
21. C6PTIONS
Captions of the Sections of this Agreement are
for convenience and reference only, and the words
contained therein shall in no way be held to explain,
modify, amplify or aid in the interpretation,
construction or meaning of the provisions of this
Agreement.
22. ENTIRE
The foregoing represents the entire Agreement
between the parties.
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IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed by and through their authorized officers
the day, month and year first above written.
UTILITY: CITY OF HUNTINGTON BEACH
a municipal corporation of
the t'k-of California
By:
Re evelopment Cha rmAn
Its : Regional Manager, Land Services Division
Real Properties and Administrative Services
By:
Its
ATTEST: APPROVED AS TO FORM:
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Agent Clerk ' A en yi".Cchmset
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REVIEWED AND APPROVED: I ITIATED D APPROVED:
ExecutiSte Director Director of Public Works
'1-^C)
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