HomeMy WebLinkAboutC-6396 - Preliminary Design and Engineering Agreement - AD 117PRELIMINARY DESIGN AND ENGINEERING AGREEMENT
I
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 Califomia Edison Company perform work related to
the installation, removal, relocation, rearrangement and / or replacement (" WORK') OF SCE's electric
service facilities at
Assessment District 117 (Area Bounded By; Bayside Dr., Avocado Ave., Pacific Cost Hwy,
Carnation Ave.)
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:
1. Applicant shall pay SCE the sum of $270,000 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 perforin 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.
5. 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: December 3rd, 2015
APPRovED AS TO FDRIiL
City Attorney l2.31 S
SCE 14-M Hew 1=5(OM
By
Signature " v
Dave IGff, City Manager
Name and Title
For CnY of Newport Beach
Applicant