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HomeMy WebLinkAboutSouthern California Gas Company; 1983-06-29;EXHIBIT 2 THIS AGREEMENT made as of the 29th day of June , 1983, - and among SOUT!IERN CALIFORNIA GAS COMPANY, THE PACIFIC TELEPHONE AND TELEGRAPH COMPANY, GENERAL TELEPHONE COMPANY OF CALIFORNIA, SOUTHERN CALIFORNIA EDISON (hereinafter referred to as "Principal Parties") and COSTA REAL MUNICIPAL WATER DISTRICT (hereinafter referred to as "Associate Party"). WITNESSETH: WHEREAS, the Principal Parties have heretofore entered into an Agreement dated as of July 1, 1976 (hereinafter referred to as the "Principal Party Agreement") , a copy of which is attached hereto and made a park hereof, and WHEREAS, Associate Party desires to become a participating Associate Party under the Principal Party Agreement, NOW, THEREFORE, the parties agree as follows: 1. Associate Party accepts and agrees to be bound by the terms and conditions of the Principal Party Agreement. .- _I 2. The Principal Parties agree that Associate Party shall be accepted as a participating Associate Party under the Principal Party Agreement. 3. The fees to be paid by Associate Party for participating under the Principal Party Agreement as a participating Associate Party shall be determined in accord- ance with Principal Party Agreement and Exhibit 1 attached hereto. The provisions of the foregoing paragraph are not intended to, nor do they modify any additional obligation of Associate Party arising under the provisions of Article 4 of the Principal Party Agreement. 4. For the protection of the Principal Parties, Associate Party shall secure and maintain in force during the term of this Associate Party Agreement, comprehensive liability insurance, including contractual liability insurance, with minimum limits of $500,000 each occurrence for injury or death of any person or persons resulting from the same occurrence, and property damage coverage in the amount of $500,000 each occurrence. Such insurance shall be in such form and with such companies as may be acceptable to the Principal Parties. A certificate or certificates evidencing such insurance shall be filed with the Contractor under the Principal Party Agreement within fifteen (15) days of the date hereof. Such certificate or certificates shall provide -2- evidence that the policies of such insurance have been endorsed so as to provide twenty (20) days notice of the cancellation or change thereof to Contractor at the Con- tractor's address. Any, written notice directed to Associate Party shall be addressed as follows: -. Superintendent .-_--- of Operations Costa Real Municipal Water District 5950 El Camino Real - Carlsbad, CA 92008 5. An Associate Party member who does not operate underground facilities within the intent of this Agreement and/or does not desire to receive messages from the call center is exempt from the requirements of para- graphs 1, 2, 3 and 4 above. In consideration of waiver of the foregoing requirements and in recognition of the services provided by the call center to excavators, under- ground operators and to the general public to reduce damdyes and prevent interruption of necessary services the Associate Party :;:ember agrei:s to pay prevai lins rate, -cacrenc.~ over 25M Rowlation in accordance with the terins of this Agreement. 6. This Agreement shall become effective on the day and year above first written and shall continue -in effect for a period of one (1) year and from month to month thereafter; provided, however, that this Agreement may be terminated at any time after one (1) year by the -3- *. . * *' Associate Party member upon thirty (30) days' prior written notice to each Principal Party or at any time after one (1) year by all Principal Parties upon thirty (30) days' prior written notice to the AssGciate Party. Any Principal Party may terminate its participation in this Agreement at any time after one (1) year upon ninety (90) days' prior written notice to the other Principal Parties and the Associate Party without affecting the remainder of this Agreement. 7. Notices provided for in this agreement to be given by participating Associate Parties to Contractor and the Principal Parties may be given by delivering such notice to the one call center addressed to Contractor and Principal Parties by their individual names. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers as of the day and year above first written. PRI NCI PAL PART I ES COSTA REAL MUNICIPAL WATER DISTRICT T!IE PACIP'IC TEIJEP30LJE AND TELEGIIAPII COMPANY GENEIUL TELEPHONE COMPhYY OF CALIFORNIA A SOUTIIERN CALIFORfJIA EDISON COMPANY BY . SAN DIEGO GAS XJD ELECTRIC COMPANY -- 3y A/ G' 2L-L.- 4 Title: Chai?man, Board of Governors Underground Service Alert ;?utl-A;orized representative for the Principal Parties .- THIS AGREEMENT, made and entered into this 1st day of July , 1976, by and among SOUTHERN CALIFORNIA GAS COMPANY, a California corporation; THE PACIFIC TELEPHONE AND TELEGRAPH COM- PANY, a California corporation; and GENERAL TELEPHONE COMPANY OF CALIFORNIA, a California corporation; and Hood Corporation (here- inafter referred to as "Contractor"). WITNESSETH: WHEREAS, Southern California Gas Company, The Pacific Telephone and Telegraph Company and General Telephone Company of California (hereinafter referred to as "Principal Parties") are public utilities doing business in the State of California, and WHEREAS, it is the purpose of the Principal Parties to enter into an Agreement with Contractor, whereby those persons, firms, corporations and other entities intending to excavate, drill, blast or otherwise disturb the subsurface of the earth (hereinafter referred to as "proposed work") within Orange County initially, and in additional areas of the State of California as may be added pursuant to this Agreement, may notify the Principal Parties of their intention to do so by calling a single telephone number as hereinafter provided, thus encouraging such entities to notify the Principal Parties in advance of the proposed work and permitting the Principal Parties to take whatever action they may deem appropriate, and WHEREAS, it is anticipated that other parties engaged in the rendering of services to the public, and also having sub- surface facilities in and/or outside of the County of Orange, (such parties being hereinafter referred to as "Associate Parties") may desire to participate in said Agreement by entering into separate agreements with the Principal Parties, such separate agreements to be consistent with the terms and conditions of this Agreement, and WHEREAS, Contractor and the Principal Parties desire to set forth herein the procedures to be followed in accomplishing their stated purpose under this Agreement, their respective respon- sibilities in connection therewith, and the terms and conditions under which Associate Parties may participate in this Agreement; NOW THEREFORE, in consideration of the mutual cove- nants and agreements hereinafter set forth, Contractor and the Principal Parties agree as follows: ARTICLE 1 --Establishment and Operation of One Call Center 1.01 Commencing on or about sixty days after the date of this Agreement, there shall be established at a location to be designated by Contractor and approved by the Principal Parties -2- a "One call center", at which Contractor will cause to be placed in use such telephone, telephone answering, recording, teletype and other equipment as provided in S2.01 and the Operating Pro- cedures to effectuate the purposes of this Agreement. 1.02 Operating Procedures shall be promulgated by the Principal Parties in consultation with the Contractor and may thereafter be changed by the Board of Governors (as defined in S2.02 and in the Operating Procedures) unless a provision of the Operating Procedures specifies otherwise. If there is any conflict Setween this Agreement and the Operatinq Procedures, this Agree- ment shall control: but the Operating Procedures shall govern in the absence of a conflict with this Agreement. 1-03 The area initially designated for application of this Agreement is Orange County. The Board of Governors may, according to the Operating Procedures, change the designated area. If a caller informs Contractor of his intent to commence the proposed work in an area not,covered by this Agreement, the caller will be requested by Contractor to contact each affected party in the area of the proposed work. The caller shall be advised that it is his responsibility to ascertain the identity of each party who may be affected by caller's proposed work in areas not covered by this Agreement. -3- .. 1.04 Each Principal Party and each participating Associate Party shall maintain equipment to receive messages dispatched by Contractor from the one call center as stated in the Operating Procedures. 1.05 Each Principal Party and each participating Associate Party shall be individually responsible for taking such action, if any, as it may deem necessary to protect its respective underground facilities and to prevent interruption of its respective utility service to the public. 1.06 The recordings made pursuant to the Operating Procedures shall be preserved by Contractor for a period of at least six (6) years. A transcript or copy, as may be desianated, of such recording or teletype message shall be made available by Contractor to and at the expense of any Principal Party or parti- cipatinq Associate Party requesting the same. ARTICLE 2 -- Governance and Payment 2.01 The Contractor shall present to the Principal Parties a detailed description of the communication services and equipment the Contractor deems necessary to operate the one call center in accordance with this Agreement. The Principal Parties may either approve the Contractor's proposed service arrangement or may alter or modify the service arrangement proposed, and the -4- Contractor shall thereafter establish at the one call center the service arrangement as finally approved by the Principal Parties. 2.02 Each Principal Party and each participating Associate Party shall be a member of an association known as the "Underground Service Alert. " Said association shall he governed by a Board of Governors to be elected annually at a meeting of all member parties. The Board of Governors shall annually elect a chairman who shall function as a day to day liaison between said association and the Contractor. The association shall maintain a bank checking account in the name of "Underground Service Alert." The Chairman of the Board of Governors, and such other official of the associ- ation as tile member parties may designate, shall be authorized to draw checks on said account. Each Principal Party member shall pay to the Under- ground Service Alert association a one-time fee equivalent to one dollar per mile of main facilities as described in Exhibit No. 1 upon signing this Agreement. Exhibit No. 1 is hereby incorporated by reference. Said monies shall be deposited in the bank checking account described above and shall be utilized to establish an operating account. Said fee shall be in addition to the monthly cliarqes as established in Exhibit No. 1, Rate Schedule. Upon -5- termination of this Agreement by any one Principal Party member or all the Principal Party members, the terminating Principal Party member or members shall be entitled to receive a prorata share of any unencumbered funds remaining in said account in proportion to the amount first paid except that no member shall be entitled to receive an amount in excess of the amount first pa id. Contractor shall bill each Principal Party member and each Associate Party member monthly in an amount established by the Rate Schedule in Exhibit No. 1. Each member party shall then promptly forward to Contractor its check made payable to "Underground Service Alert" and i-n the amount of its mont?il\i bill. Each month, the Chairman of the Board of Governors or other authorized official shall draw one check on said associ- ation bank account made payable to Contractor in an amount equal to the total monies due Contractor for that month from all member parties ~ Contractor's monthly cost to operate the one call center to be recovered by its charges st.all not exceed a maximum amount to be established from time to time by the Board of Governors Contractor's charge shall include 10% of all expenses incurred as -6- the Contractor’s profit. 2.03 The Rate Schedule agreed upon in Exhibit No, 1 shall be reviewed on a yearly basis or more often as aareed by the Board of Governors. At that time, if it appears based upon the history of the reasonable cost of operation of the one call center that the rates should either be raised or lowered, said monthly rate shall be modified as stated in the Operating Procedures and the new rate billed by the Contractor. 2 04 Each Principal Party and each Associate Party shall submit to Contractor, on or before March 1 of each year, a statement as to the miles of underground facilities, as described in Exhibit No. 1, operated by each as of December 31 of the previous year and within the area served by the one call center. 2.05 Each Principal Party member and each Associate Party member shall submit to the Contractor a listing of those areas wherein each party desires to be notified of excavating or other activity. Said listing shall he in suitable form as stated in the Operating Procedures. Additionally, it is the responsibil- ity of each Party to notify the Contractor of additional areas into which tile member Party has extended or plans to extend its underqround facilities, Contractor shall not be liable for failure to notify any party of proposed work in such extended area unless -7- and until Contractor has received written notification of any such extension of member's facilities into areas where the member previ- ously had no interest. ARTICLE 3 -- Associate Parties 3.01 Other parties engaged in the renderinq of services to the public and having subsurface facilities in the area covered by this Agreement may, at the option of the Principal Parties become and remain participating Associate Parties to this Agreement by (1) executing an "Associate Party Agreement" in form and substance as attached to this Contract as Exhibit No. 2, (2) accepting and agreeing to be bound by the terms and conditions of this Agreement, and (3) paying the fees provided by the Associate Party Agreement as they become due. An Associate Party Agreement shall terminate upon the termination of this Agreement, and may be terminated by a participating Associate Party in accordance with the terms and conditions of the Associate Party Agreement. ARTICLE 4 -- Insurance and Indemnification 4.01 Contractor shall indemnify, hold harmless, provide a defense and pay any judgment rendered against any of the Principal Parties and participating Associate Parties, their officers, agents, employees or servants, and hold them harmless from any and all damages, expenses or costs including attorneys' -8- fees, and any and all claims, demands or suits on account of injury or death of any person, damage to real or personal property or any other injury or damage howsoever arisinu in any manner out of the performance or nonperformance of any work or obliuation undertaken by or imposed upon Contractor pursuant to this Agree- ment. Contractor shall also indemnify, hold harmless, provide a defense and pay any judgement rendered against the Principal or participatina Associate Parties, their officers, aqents, employees or servants, and hold them harmless from any and all damages, expenses or costs, including attorneys' fees, and any and all claims, demands or suits on account of injury or death of any person, damage to real or personal property or any other injury or damage howsoever arising out of the participation or meqber- ship by said Principal Parties and Associate Parties of this Agreement. Excluded from this section are ONLY t5lose injuries to or deaths of persons and damage, destruction or loss, to or of property arising from the SOLE negligence or willful misconduct of any of the Principal Parties or participating Associate Parties, their officers, agents, employees or servants. Contractor shall carry insurance as stated in paragraph 4.02 in the amount of $1,000,000.00 for each occurrence for injury or death of any person or persons resulting from the same occurrence, and property damage -9- 4 coverage in the amount of $1,000,000.00 for each occurrence, with each Principal Party added as a named insured. A certificate or certificates evidencing such insurance shall be filed by Contractor with the Principal Parties within fifteen (15) days of the date hereof. Such certificate or certificates shall provide evidence that the policies of such insurance have been endorsed so as to provide twenty (20) days notice of the cancellation or change thereof to each Principal Party. The premiums for said insurance shall be the financial responsibility of the Principal Parties and participating Associate Parties and upon payment by Contractor shall be included as operating costs of the one call center. 4.02 Contractor shall carry insurance which will cover the One Call Center operations with the following coverages (all forms refer to Insurance Services Office Forms as in effect on January 15, 1976 or their successors which provide substantially identical coverage) : Comprehensive General Liability - Coverage Part L 6395a with exclusions "q" deleted Personal Injury - deleting exclusion 'IC'' - L 9288 Blanket Contractual - L 9484 Independent Contractors - indorsed on L 6395a Completed Operations - indorsed on L 6395a -1 0- Broad Form Property Damage with Completed Operations - L 9486 Fire Legal Liability - L 9132 Comprehensive Automobile Liability - AL 9582 Owned, non-owned and hired automobiles - indorsed on AL 9582 Host liquor liability as provided in Contractor's insurance policy as in its January 15, 1976 renewal (attached as Exhibit No. 3). If a substantial change is made in the type or amount of insurance available, the Principal Parties in consultation with the Con- tractor shall determine what insurance shall be considered an operating expense to cover the One Call Center, and Contractor shall obtain at least that amount and coverage of insurance. 4-03 Contractor shall not be liable to any Principal Party nor to any participating Associate Party for any loss, cost, damage or expense in excess of t'rle insurance limits provided for in Section 4.01 of this Agreement incurred by any Principal Party or any Associate Party to its own facilities or employees as a result of any action or failure to act except sole negligence or wilful misconduct by Contractor (or its employees, agents or contractors) in carrying out any provisions of Article 1 of this Agreement. 4.04 Principal Party, or the participating Associate -11- Party, whose facilities were involved shall indemnify, hold harmless, provide a defense and pay any judgment rendered against Contractor, its officers, agents, employees or servants and hold them harmless from any and all damages, expenses or costs, including attorneys' fees, and any and all claims, demands or suits on account of injury or death of any person, damage to property or any other injury or damage whatsoever which shall exceed the insurance require- ments of Section 4.01, and which arise out of any action or failure to act, excepting SOLE negliqence or willful misconduct by Contractor (or its employees, aqents or contractors,) in carryina out any of the provisions of Article 1 of this Agreement. 4.05 It is further understood and agreed that said Principal Party whose facilities were involved shall also indemnify, hold h.armless, provide a defense and pay any judgment rendered against the other Principal Parties and participating Associate Parties, their officers, agents, employees or servants and hold them harmless from any and all damages, expenses or costs, including attorneys' fees, and any and all claims, demands or suit on account of injury or death of any person, damage to property or any other -1 2- injury or damage whatsoever that the Principal Parties and participating Associate Parties miqht incur solely by reason of their participating or being a member in this Agreement. 4.06 It is further understood and agreed that the said participating Associate Party whose facilities were in- volved shall also indemnify, hold harmless, provide a defense and pay any judgment rendered acrainst the Principal Parties and tke other participating Associate Parties, their officers, agents, employees or servants and hold them harmless from any* and all damages, expenses or costs, including attorneys' fees, and any and all claims, demands or suits on account of injury or death of any person, damage to property or any other injury or damage whatsoever that the other participating Associate Parties and Principal Parties might incur solely by reason of their participation or membership in this Agreement. 4.07 It is further understood and agreed that any expense or liability arising out of or in connection with the stablishment, operation or maintenance of the one call center incurred by any of the Principal Parties and not otherwise provided for herein shall be shared by the Principal Parties in accordance with the Rate Schedule set forth in Exhibit No. 1. 4.08 Notwithstanding any other provision of Article -1 3- .’ IV except for those relating to willful misconduct or sole negligence, Contractor shall be liable to provide such defense and indemnification of the Principal or Associate Parties only as becomes actually available under the insurance procured pursuant to this Article in respect to each occurrence giving rise to a claim for loss, cost, damage or expense. However, . this paragraph shall not apply if Contractor fails to obtain or maintain in force the insurance required under this Article and if the loss would have been covered had such insurance been in force. ARTICLE 5 -- Construction, Anendment, Termination, Withdrawal and Non-Discrimination 5.01 This Agreement shall be deemed to be a California contract and shall be construed in accordance with and governed by the laws of the State of California. 5.02 In the event that any provision of this Agreement or the application of any such provision to any party or circumstance shall be iield to be invalid or unenforceable, the remainder of this Agreement, or the application of such provision to parties or circumstances other than those to which it is held invalid or unenforceable, shall not he affected thereby. 5.03 Any waiver at any time by any party hereto of its righ.ts with respect to any other party, or with respect to any -1 4- other matter arising in connection with this Agreement, shall not be considered a waiver with respect to any subsequent default or matter. 5.04 Any amendment to this Agreement, shall be in writing, signed by the Contractor and the Principal Parties; provided, however, that no such amendment shall be binding upon any participating Associate Party unless accepted in writing by said participating Associate Party. Written notification of any amendment of this Agreement shall be qiven each participating Associate Party by mailing a copy thereof to such participating Associate Party. Each participating Associate Party desiring to be bound by any such amendment shall, witnin sixty (60) days after the mailing of such notification, deliver to Contractor and to the Principal Parties its written consent thereto. In the event that any participating Associate Party does not deliver such written consent to Contractor and the Principal Parties within the sixty (60) day period, such participating Associate Party shall be deemed to have terminated its Associate Party Agreement as of the end of such period. 5.05 This Agreement shall become effective on the day and year above first written and s!Tall continue in effect for a period of one (1) year and from month to month thereafter: -15- .-- provided, however, that this Agreement may be terminated at any time after one (1) year by Contractor upon ninety (90) days prior written notice to each Principal Party or by all the Principal Parties at any time after one (1) year, for any reason whatsoever upon ninety (90) days prior written notice to Contractor. Any Principal Party may terminate its participation in this Agreement at any time after one (1) year upon ninety (90) days prior written notice to the other Principal Parties and the Contractor without affecting the remainder of this Agreement. Any such written notice shall be addressed to the following, as required: Manager of Distribution Southern California Gas Company P.O. BOX 1249 Terminal Annex Los Angeles. California 90051 Division Manager Construction and Engineering The Pacific Telephone and Telegraph Company 1695 W. Crescent Ave., Room 400 Anaheim, California 92801 Engineering and Construction Manager Outside Plant General Telephone Company of California 100 Wilshire Blvd. Santa Monica, California 90406 Contractor: Hood Corporation 8201 Sorenson Avenue P.O. BOX 4368 Whittier, California 90607 Copies of such. notice shall simultaneously be mailed to each partic- -16- ipating Associate Party. 5.06 Any termination of this Agreement and any termination of participation hereunder, as provided in Section 5.05, and any termination of any Associate Party Agreement, shall not discharge any party to any such Agreement of any obligation it owes to any other party or person by reason of any transaction, loss, cost, damage, expense or liability which shall occur or arise (or the circumstances, events or basis of which shall occur or arise) prior to such termination, whether the same be known or unknown at the time of such termination. 5.07 This Agreement incorporates Executive Orders 11246,' as amended, 11625, 11701 and '11758, to the extent applicable, and the Contractor agrees not to discriminate in employment op- portunities on tl3.e basis of race, color, religion, sex or national origin; to take appropriate, affirmative action and to file the required federal reports; and to comply with the laws relating to the employment of veterans and the handicapped. The Contractor further agrees to use his best effort to utilize minority business enterprises to the fullest extent practicable and consistent with the efficient performance of this contract. Such an enterprise means a business 50% owned by minority group members (Negroes, American Spanish-speaking, Orientals, Indians, Eskimos, and Aleuts) . -17- The-Contractor may rely on written representations by subcontractors as to their minority status in lieu of an independent investigation. Contractor agrees to execute the appended certificate and to comply with all provisions required by applicable Executive Orders (as may be amended or promulgated from time to time), copies of which are attached as Exhibit 4 and hereby incorporated as part of the terms of this Agreement, This Agreement shall be executed in quadruplicate, each copy of which shall be a duplicate original of this Agreement. HOOD CORPORATION SOUTHERN CALIFORNIA GAS COMPANY A r n By- THE PACIFIC TELEPHONE AND TELEGiiAPH COMPANY n Title Vice President GENERAL TELEPHONE COMPANY OF CALIFORNIA AMENDMENT A ADDENDUM TO AGREEMENT - ONE CALL CENTER The undersigned Principal Parties to the Agreement One Call Center, dated July 1, 1976, (hereinafter referred to as the "Principal Party Agreement") and Hood Corporation, Contractor for performance of services pursuant thereto agree that the Principal Party Agreement shall be amended under Article 3 - A8SOCiate Parties to add the following as Section 3.02: 3.02 In the event that a public agency having subsurface facilitie8 in the area covered by this Agreement wishes to participate in the One Call Center system, the Principal Parties may execute with such public agency an "Associate Party Agreement-Public Agency" in form and substance as the attached document which is so entitled and is Exhibit 5. Monthly fees to be paid by participating public agencies ahall be ar set forth in the Associate Party Agreement-Public Agency and the Rate Schedule attached thereto as Exhibit B. ACCEPTED BY: THE PACIFIC TELEPHONE AND XWD CORPORATION 'Pith Pres ldent Data May 1, 1979 SOUTHEIIN CALIlQRNIA GAS COMPANY Title Vice Pnstdtnt Date July 19, 1979 JUN m R LQ7Q Date cart CO~, GENERAL TELEPHONE-COMPANY OF Tith Eng. and Const. Director Date July 10, 1379 AMI:NP1lI:NT "0" 'ro om cnr,r. CF:NTI;R PRINCIPAL PARTY ACRECMENT The undersiqncd Prinripll P.irt ic.? to thc Aqrccmcnt - One Call Center, rlatcd July 1, 1q7f3, (thc "Principal Party Agreement") and Hood Corporation, Contractor Cor performance of rervicer thereto, in consirlcration of the mutual terms and condition. contained herein, agree that the Principal Party Agreement rhall be amended under Article 3 - Associate Parties to add the following as Section 3.03: 3.03 ACCEPTED BY8 HOOD CORPORATION The Chairman oF the bard of Governors of Underground Service Alert - Southern California (the "Chairman") shall be authorized, upon rccpipt of evirlcncc of adequate insurancc to meet the require- ments of Section 4 of the Associate Party Agreement, to execute on hehalf of the Principal Parties an "AS8OClate Party Agreement" in form and substance as attached to this Contract as Exhibit No. 2. The Chairman shall not be author- ized to delete, modify or otherwise alter any term or provieion of the Associate Party Agreement. The Chairman shall mend written notice to each principal party within thirty (30) days after the execution of an Aseociate Party Agreement. SOUTHERN CALIFORNIA GAS COMPANY BY 1 Title Vice Prestdcnt Date March 31, 1980 -- PACIFIC TELEPHONE: AND TELEGRAPH COMPANY w* GENERAL MANABR Title Date APR 14 1980 Title Acting OP E d, C Director / Date " fL> D This Amendment is made by ancl amon? Southern California Edison Company, Pacific Telephone and Telegraph Company, General Telephone Company of California, Southern California Cas Company and Hood Corporation. WHEREAS, Pacific Telephone and Telegraph Company, General Telephone Company of California and Sout.hern Cal ifornia Gas Company are the Principal Parties as defined in that certain Agreement - One Call Center, dated July 1, 1976, (rcspcctively, the "Principal Parties" and the "Principal Party Aqreemcnt") and Hood Corporation is the Contractor for the performance of services thereto: and, WHEREAS, Southern California Edison Company desires to become a Principal Party to the Principal Party Agreement, and the Principal Parties and Hood Corporation are agreeable to the same, NOW THEREFORE, incorporatin9 the above recitals and in consideration of the mutual terms, covenants and conditions contained herein, the parties licrcto aqrec as follows: 1. The Principal Party A(jrt-cincnt, as din~~i(lc~<l, shaL1 IJC further amended to inclutlc thc Sout.licrn Cal i. fortlia Edison Comlmny ("Edison") as a Principal Party. -2- 2. Edison agrees to undertake, perform and comply with each and every requirement, term and covenant of the Principal Party Agreement, as amended, to the extent such requirements, terms and covenants are incumbent upon it as a Principal Party. 3. Edison agrees to pay a one-time charge of ONE DOLLAR AND FIFTY CENTS ($1.50) per conduit or pipeline mile of facilities in accordance with Section 2.02 of the Principal Party Agreement as modified by Item G-E of the minutes of the meeting of November 1, 1979 of Underground Service Alert. The parties hereto agree said charge shall be the sum of FOUR THOUSAND SIX HUNDRED SEVENTY FOUR DOLLARS ($4,674). Said amount is calculated on the basis of 3,116 cable miles, being the number of miles of cable as described in the Principal Party Agreement operated by Edison within the County of Orange as of the effective date of this .Amendment. In the event that Edison expands the service area to be included in the Underground Service Alert-One Call Center notification system, Edison shall pay a similar one-time charge at that time based on the number of miles of cable operated in the newly covered area. 4. Any written notice to be dclivcrccl to Edison shall be addressed as follows: Manager of Distr il)ut ion Operation!; Southern California Erlison Company 2244 Walnut Grove Avenue P.O. Box 800 - Room 392, G. 0. Rosemead, California 91770 -3- 5. This Amendment shall be effective January 1, 1981. IN WITNESS WHEREOF, the parties hereto have executed this Amendment on the day and year written below. ACCEPTED BY: HOOD CORPORATION SOUTHERN CALIFORNIA EDISON COMPANY SOUTHERN CALIFORNIA GAS COMPANY PACIFIC TELEPHONE AND By: 7 nm rnSfbCn Title: Date : 4, /f8d Date: OEC - 8 1980 I GENERAL TELEPHONE COMPANY OF CALIFORNIA Date: 1'1 -/-J4 c I? - ) '2 ei AMENDMENT I' D" 3 Q'83 TO I-? * ,,[ ' ?+T / __ ONE CALL CENTER PRINCIPAL PARTY AGREEMENT hl This Amendment is made by and among San Diego Gas and Electric Company, Southern California Edison Company, Pacific Telephone and Telegraph Company, General Telephone Company of California, Southern California Gas Company and Hood Corportion. WHEREAS, Southern California Edison Company, Pacific Telephone and Telegraph Company, General Telephone Company of California and Southern California Gas Company are the Principal Parties as defined in that certain Agreement - One Call Center, dated July 1, 1976, as amended, (respectively, the "Principal Parties" and the "Principal Party Agreement") and Hood Corporation is the Contractor for the performance of services thereto; and, WHEREAS, San Diego Gas and Electric Company desires to become a Principal Party to the Principal Party Agreement, and the Principal Parties and Hood Corporation are agreeable to the same, NOW THEREFORE, incorporating the above recitals and in consideration of the mutual terms, covenants and conditions contained herein, the parties hereto agree as follows: 1. The Principal Party Agreement, as amended, shall be further amended to include the San Diego Gas and Electric Company ("SDGcE") as a Principal Party. -2- 2. SDG&E agrees to undertake, perform and comply with each and every requirement, term and covenant of the Principal Party Agreement to the extent such requirements, terms and covenants are incumbent upon it as a Principal Party. 3. SDG&E agrees to pay a one-time charge of ONE DOLLAR AND FIFTY CENTS ($1.50) per conduit or pipeline mile of facilities in accordance with Section 2.02 of the Principal Party Agreement as modified by Item 6-E of the minutes of the meeting of November 1, 1979 of Underground Service Alert. The parties hereto agree said charge shall be the sum of FOURTEEN THOUSAND FIVE HUNDRED EIGHTY SEVEN DOLLARS ($14,587). Said amount is calculated on the basis of 9,725 cable and pipeline miles, being the total number of miles of cable and pipeline as described in the Principal Party Agreement operated by SDG&E as of the effective date of this Amendment. 4. Any written notice to be delivered to SDG&E shall be addressed as follows: MANAGER OF CONSTRUCTION MANAGEMENT SAN DIEGO GAS & ELECTRIC COMPANY 101 Ash Street P. 0. Box 1831 San Diego, California 92112 5. This Amendment shall be effective July 1, 1982. .- c -3- IN WITNESS WHEREOF, the parties hereto have executed this Amendment on the day and year written below. ACCEPTED BY: HOOD CORPORATION SOUTHERN CALIFORNIA GAS COMPANY SAN DIEGO GAS AND ELECTRIC COMPANY By: Title: Customer Service Administration Date: May 21, 1982 SOUTHERN CALIFORNIA EDISON COMPANY t. PACIFIC TELEPHONE AND TELEGRAPH COMPANY By: Title: nlv,qlnn ... st.aff M- Date : 7/28/82 GENERAL TELEPHONE COMPANY OF CALIFORNIA Title: OP Eng/Const Director