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HomeMy WebLinkAboutC-6443 - Preliminary Design and Engineering Agreement, Assessment District No. 113 (AD 113)PRELIMINARY DESIGN AND ENGINEERING AGREEMENT The Agreement is between Southern California Edison Company ("SCE") and The City of Newport Beach , ("Applicant") Applicant may request at a future date that Southern California Edison Company perform work related to the installation, removal, relocation, rearrangement and / or replacement (" WORK") OF SCE's electric service facilities at City of Newport Beach Assessment District 113 (See attached Assessment Diagram) Applicant therefore requests that SCE estimate the cost to perform the WORK. SCE must incur certain expenses for preliminary design and engineering of the WORK in order to estimate the cost to perform the WORK contemplated by the APPLICANT. Applicant agrees to pay SCE for such expenses under the following terms and conditions: I. Applicant shall pay SCE the sum of $ 300,000 in advance for expenses incurred by SCE for preliminary design and engineering of the WORK contemplated by Applicant. 2. If Applicant desires SCE to perform the WORK contemplated by the Applicant, Applicant shall execute a separate written contract to perform the WORK. If SCE performs the WORK contemplated by Applicant pursuant to a contract executed by Applicant within one year from the date herein, the sum paid to SCE by Applicant pursuant to this Agreement shall be applied without interest to whatever sums are payable by Applicant pursuant to the contract to perform the WORK. The sums required by the contract to perform the WORK, may include costs for additional design and engineering related to the WORK contemplated by the Applicant. 3. The sum paid by Applicant pursuant to this Agreement shall be forfeited to SCE if (a) Applicant requests SCE to perform the WORK but the WORK cannot be completed through no fault of SCE's, or (b) Applicant fails within one year from the date herein to execute a written contract for SCE to perform the WORK. 4. SCE may require Applicant to pay an additional sum pursuant to the agreement if SCE must modify the scope of the preliminary design and engineering as a result of any change in the WORK contemplated by the Applicant. This Agreement shall not be construed as a contract to provide electric service to Applicant or as a contract to perform the WORK contemplated by Applicant. DATED: 7 ZD 2.01 C� APPROVED AS TO FORM: CITY TT RNEY'S OffICE By (er . Harp, City Attomey rC y By Signature Grace K. Leung, City Manager Name and Title For ON of Newport Beach Allachmenl: Council Approved Assessment District Boundary Map for AD -113 - 11127/2018 SCE 14-238 New 12185 (CW) 0 w N M Im r -q w W O Z o O (� a D. O O f^ v LL oo hs �-co° Qz0 = N 0 W � Q % ` t) , ti \ M M1 ti i$' n (T)«rx, ' a Ell N oFa o� N Zw�oa 1 0 u w O �C�p Mr � yaO z oo zrwr{yFyF�u{y{y{yy�yyo o4 woyyu��o 11�� "Inn 0II Fw UtKY� i O"UU�O 2 U�xa NX. HZ oroc,� a FOw"QUL� Z i�4Z2� l� 4.50¢Z OU