Loading...
HomeMy WebLinkAbout1994-07-12 - AGENDA REPORTS - MAGIC MOUNTAIN PKWY UTILITYAGENDA REPORT CONSENT CALENDAR DATE: July 12, 1994 City Manager Approval Item to be presented by: Anthony J. Nisich_. 6 SUBJECT: MAGIC MOUNTAIN PARKWAY - VALENCIA BOULEVARD TO BOUQUET CANYON ROAD (SR 126 - PHASE 5) UTILITY AGREEMENT NO.90-21-02 WITH SOUTHERN CALIFORNIA GAS CO. DEPARTMENT: Community Development BACKGROUND On April 26, 1994, the City Council awarded the contract for the construction of the subject project to Reyes/Security J.V. Company. The construction started May 23, 1994. A number of utilities which conflict with the bridge and road improvements must be relocated in order to construct this project. The Southern California Gas Co.'s 34-inch gas pipeline interferes with the replacement of the bridge over the Santa Clara River at Magic Mountain Parkway. In order to expedite the construction of this project, staff recommends that Council approve the attached agreement in concept which provides the formal mechanism for relocation of Southern California Gas Co.'s 34-inch gas pipeline for the subject project. In addition, staff recommends that the Council authorize the Mayor to execute this utility agreement when finalized. It should also be noted that the City will be reimbursed by the State for these utility relocation costs. RECOMMENDATION Approve the attached Utilities Agreement No. 90-21-02, subject to approval by the City Attorney, and authorize the Mayor to execute it when the Agreement is finalized. Utilities Agreement No. 90-21-02 RM:hds mmpeeg.rm i A P P R, I Paul V E 0 Age, r p ;ry COLLECTIBLE WORK AGREEMENT THIS COLLECTIBLE WORK AGREEMENT ("Agreement") is dated for reference April 26, 1994, and is entered into between City of Santa Clarita, a municipal corporation ("City"), and Southern California Gas Company, a California corporation ("Company"). RECITALS WHEREAS, City is reconstructing and widening Magic Mountain Parkway from Valencia Boulevard to Bouquet Canyon Road in the City of Santa Clarita, in the County of Los Angeles, State of California. WHEREAS, Company is the grantee of a License Agreement for gas pipeline purposes from Southern Pacific Company dated June 10, 1958 ("Right of Way"). WHEREAS, City desires Company to relocate certain portions of Company's 34- inch gas pipeline, Line 225, located in the Right of Way. WHEREAS, City is willing to reimburse Company for a portion of its costs and expenses associated with the relocation, and WHEREAS, Company, in consideration of the performance by City of the terms and conditions of this Agreement on its part to be performed, is willing to relocate portions of Line No. 225 into public street Magic Mountain Parkway.. NOW, THEREFORE, the parties agree as follows: Section 1. RELOCATION WORK ("Work"). Upon receipt of written notice from City, Company agrees to relocate Line 225 under the terms and conditions set forth herein. 1.1 Company shall install, test and tie-in approximately 175 feet of temporary by- pass pipeline to accommodate the construction of Magic Mountain bridge in one single phase. Company will then abandon and remove approximately 155 feet of 34-inch pipe which is in direct conflict with Abutment No. 1. 1.2 Company shall install and tie-in approximately 595 feet of 34-inch pipeline in Magic Mountain Parkway as shown on Exhibit "A". 1.3 Company shall abandon and remove approximately 580 feet of 34-inch pipeline and approximately 175 feet of temporary by-pass pipeline, which is in conflict with the Project's improvements. 1.4 Company will remove the 580 feet (approximately) of abandoned Line 225 at the time it is uncovered by the City except that portion which is within the river channel. CK10202.DOC 6/24/94 - 2 - Company will excavate and remove this portion in conjunction with the relocation and tie. in of the new 34-inch pipeline in Magic Mountain Parkway. The Company will cut remove, haul and dispose of the 580 feet of 34-inch pipe, 1.5 It is understood and agreed that the above description of the Work is general in nature, that this Agreement is intended to cover all work on the part of Company necessitated by the proposed road reconstruction, and that deviation from the above description may be made by the Company in its discretion and business judgment to meet the practical requirements of installation, including but not limited to matters of safety, avoidance of substructures, federal, state or local governmental requirements and Environmental Impact Reports when required. 1.6 Requests for changes in the Work made by City to the Company for the convenience of City may be rejected by the Company. If such changes are accepted. City agrees to reimburse the Company for the actual cost of such work as calculated pursuant to this Agreement unless otherwise agreed to in writing. Section 2. COST OF AND PAYMENT FOR WORK. 2.1 The Company's estimate of the cost of the Work described in Section 1 is $686,000. 2.2 The estimate of the cost of the Work is furnished only for the convenience of the parties hereto. It is intended to reflect the Company's general past experience of the cost of similar work under favorable conditions. Because of unforeseen contingencies and other factors, the actual cost may be considerably higher or lower than this estimate. Therefore, the estimate is not to be considered a warranty by the Company of the actual cost. This estimate was prepared June 6,1994, and may become inaccurate through the passage of time and changes in conditions. If the estimated cost of the Work substantially increases, Company shall have the right, in the exercise of its reasonable judgment, to require City to provide a reasonably adequate assurance of payment of such increased cost. 2.3 The actual cost or any agreed unit cost shall include overhead costs contained in Company's appropriate billing formula. 2.4 City's share of the cost of the Work is 60%. City shall pay its share of the actual cost of the herein described Work within 90 days after receipt of the Company's itemized bill in quintuplicate, signed by a responsible official of Company's organization, or prepared on Company's letterhead, compiled on the basis of the actual cost and expense. The Company shall maintain records of the actual costs incurred and charged or allocated to the project in accordance with recognized accounting principles. 2.4.1 It is understood and agreed that the City will not pay for any betterment or increase in capacity of Company's facilities in the new location and that Company shall CAM0202.D 6/24/94 - 3 - give credit to the City for all accrued depreciation on the replaced facilities and for the salvage value of any material or parts salvaged and retained or soldby Company. 2.4.2 At the election of the Company, progress bills for cost incurred may be submitted not to exceed Company's recorded costs as of a specific date, less estimated credits applicable to completed Work, where the recorded costs are sufficient to warrant such billing. The Company shall submit a final bill to the City within 180 days after completion of the Work described in Section 1 above. 2.4.3 The final billing shall be in the form of an itemized statement of the total costs charged to the project, less the credits provided for in the Agreement,. and less any amounts covered by progress billings. However, the City shall not pay final bills which exceed the estimated cost of this Agreement without an explanation for the increase of said cost from the Company. 1n the event the final bill exceeds 125 % of the estimated cost of this Agreement, an Amended Agreement, executed by the parties to this Agreement, reflecting said increase in cost with the reasons therefore shall be executed prior to payment of the Company's final bill. Any and all increases in cost are subject to City's approval prior to payment of the Company's final bill. 2.4.4 Detailed records from which the billing is compiled shall be retained by the Company for a period of three years from the date of the final bill and will be available for verification by City and Federal auditors. 2.5 Notwithstanding the provisions of Section 2.4.3 and anything else to the contrary in this Agreement, within 90 days of receiving Company's invoice, City shall pay 60% of Company's actual costs of the Work, whether or not City receives any funds from the California Department of Transportation ("CALTRANS") or the Federal government. Section 3. GENERAL PROVISIONS. 3.1 The parties each agree that any excavation made by either of them that is to be entered by the other party's employees, agents or subcontractors in performing the Work covered by this Agreement shall conform to all requirements of State of California Construction Safety Orders, particularly the provisions of Article 6, Sections 1539 through 1547, which relate to the safe construction of trenches and excavations. 3.2 City agrees to take all reasonable care in protecting the Company's property from damage, including the use of procedures which will not place undue strain on pipes during excavation and backfril or cause damage to pipe protective coatings. 3.3 Each party agrees to indemnify and hold the others harmless from any liability to any third party (including employees of the parties) incurred by reason of the negligence or willful misconduct by said party, or any agent, employee, representative, or official, under this Agreement. CW10202.DOC 6/16/94 - 4 - 3.4. Notices to City shall mailed or hand delivered to City at the following address 23920 Valencia Boulevard, Suite 275, Santa Clarita, California 91355, Attention Roubik Mardirosian. Notices to Company shall be mailed or hand delivered to Mr. R. G. Bott, Planning Supervisor, Southern California Gas Company, North Counties Transmission Division, 22245 Placenta Canyon Road, Newhall, California 91321. If mailed, notices shall be deemed delivered 48 hours after mailing. Either party may give written notification to the other party of any change of address for the sending of notices. 3.5 This Agreement, when executed, is the complete expression of the understanding of the parties as to its subject matter, supersedes all prior understandings, whether written or oral, between the parties hereto with regard to its subject matter, and can only be amended or modified in writing, signed by both parties. 3.6. The undersigned hereby represent that they are authorized to execute this Agreement on behalf of any corporation, partnership or other association hereinabove named. 3.7. Whenever in this transaction the consent, approval or satisfaction of either party is required or a judgment or discretion is to be made or exercised, it is understood and agreed that such consent, approval or satisfaction will not be unreasonably made or exercised. 3.8 In the event of any litigation between the parties hereto, arising out of, or relating to, this Agreement or any breach hereof, the prevailing party shall be entitled, in addition to such other relief as may be granted, to an award of attorneys' fees and costs incurred by such prevailing party in such matter. 3.9 It is understood that said highway is a Federal Aid highway and accordingly, 23CFR645 is hereby incorporated in this Agreement. caci0202.c 6/24/34 - 5 - IN WITNESS WHEREOF, the parties have executed this agreement in duplicate counterparts as of the dates set forth below and it shall take effect as of the date of the second patty to sign. CITY OF SANTA CLARITA a municipal corporation sy Name Title Date ATTEST: CITY CLERK [Attach certified copy of resolution authorizing City's execution of the Agreement and identity of official authorized to sign.] SOUTHERN CALIFORNIA GAS COMPANY, a California corporation By Name Title Date