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HomeMy WebLinkAboutUnderground Service Alert; 1983-05-04;___- WRITE IT-DON’T SA n IT INTER-DEPARTMENT MEMORANDL AM TO File DATE May 4 1983 PM Joanne fran Utilities, agreement to our office for filing. Underground Service Alert people kept our original. This is all that we have. K. returned this copy of executed ~ REPLY ON THIS SHEET FROM ____ ___~__ - - ~~___~~_______ WI ‘+EP SERVICE CNE STANDARD NTER DEPT. MEMO FORM 11 - 0 EXHIBIT 2 v* -a. d ASSOCIATE PARTY AGREEMENT THIS AGREEMENT made as of the day of , 19-, and among SOUTIIEFW CALIFORNIA GAS COMPANY,, THE PACIFIC TELEPI-IONE AND TELEGRAPH COMPANY, GENERAL TELEPHONE COMPANY OF CALIFORNIA, SOUTHERN CALIFORNIA EDISON (hereinafter referred to as "Principal Parties") and City of Carlsbad (hereinafter referred to as "Associate Party"). WITNESSETH: WHEREAS, the Principal Parties have heretofore entered into an Agreement dated as of July 1, 19'76 (hereinafter referred to as the "Principal Party Agreement") , a copy of which is attached hereto and made a part 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. 0 0 ~ .-.a ~ -I I 2. The Principal Parties agree that Associate Party shall be accepted as a participating Associate Party under the Principal Party Agreement. 3. The monthly fees to be paid by Associate Party for participating under the Principal Party Agreement as a participating Associate Party shall be determined in accordance 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 A! Party arising under the provisions of Article 4 of the Principi 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 f’or 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 he 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 certificates shall provide -2- f. ’ -. 0 0 /’ 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: 1200 Elm Avenue Carlsbad, CA 92008 5. An Associate Party member t~ho 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 consi.deration 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 damages and prevent interruption of necessary services tl-,e Associate Party member agrees to pay either $ 25.0 per month or the minimum monthly membership fee, whichever is the greater, in accordance with the terms 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- e 0 5.' - CI. Associate Party member upon thirty (30) days' pricr 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 Associate 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 cause this Agreement to be executed by their duly authorized officer: as of the day and year above first written. PRINCIPAL PARTIES THE PACIFIC TELEPHONE AND TELEGRAPH COMPANY B ociate Party GENEML TELEPHONE COMPANY OF CALIFORNIA SOUTHERN CALIFORIJIA EDISON COI SOUTHERN CALIFOFNIA GAS COMPAl SAN DIEGO GAS Nj'D ELECTRIC CO BY ciLTL L Title Mayor BY Ti Underground Service A Authorized representative for Principal Parties - -- t' ". ~- WRITE IT-DON' r SAY IT INVER-DEPARTMENT MEM~MNQw ____- AM 19 83 PM TO File DATE 4-22 The original of this agreement was given to F!oger (by Cler Greer on 4/21/83 for the purpose of obtaining signatures on same. K. REPLY ON THIS SHEET FROM - ___ ____ _____ - -. __ __._ ___ - ___ __ ___ - - - __- STANDARD INTER DEPT. MEMO FORM I1 -2 1. w -UE a SEFWCE LNE 0. EXHIBIT 2 m ASSOCIATE PARTY AGREEMENT THIS AGREEMENT made as of the day of I 19 - , and among SOUTI-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 City of Carlsbad (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 part hereof, and 1 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. a 0. 2. The Principal Parties agree that Associate Party shall be accepted as a participating Associate Party under the Principal Party Agreement. 3. The monthly fees to be paid by Associate Party for participating under the Principal Party Agreement as a participating Associate Party shall be determined in accordance with Principal Party Agreement and Exhibit 1 attached hereto. P The provisions of the foregoing paragraph are not intended to, nor do they modify any additional obligation of As Party arising under the provisions of Article 4 of the Principa 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 proper& 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. such insurance shall be filed with the Contractor under the Principal Party Agreement within fifteen (15) days of the date hereof. Such certificates shall provide 4 A certificate or certificates evidencing -2- 0 0 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: 1200 Elm Avenue 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 consCderation 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 damages and prevent interruption of necessary services the Associate Party member agrees to pay either $ 25-00 minimum monthly membership fee, whichever is the greater, in accordance with the terms of this Agreement. per month or the 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- 0 0 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 Associate 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 cause( this Agreement to be executed by their duly authorized officers as of the day and year above first written. PRINCIPAL PARTIES THE PACIFIC TEIiEPFIONE AND TELEGRAPH COMPANY City of Carlshad A ociate Party GENERAL TELEPHONE COMPANY OF CALIFORNIA SOUTHERN CALIFORNIA EDISON COM SOUTHERN CALIFORNIA GAS COMPAN SAN DIEGO GAS AND ELECTRIC COM BY % d& &A Title Mayor BY . Title: Chairman, Board of Gov Underground Service A1 Authorized representative for Principal Parties a W AGREEMENT - ONE CALL CENTER THIS AGREEMENT, made and entered into this 1st day of July , 1976, by and among SOUTHERN CALIFORNIA GAS COMl a California corporation; THE PACIFIC TELEPHONE AND TELEGRAPH Cc PANY, a California corporation; and GENERAL TELEPHONE COMPANY 0' CALIFORNIA8 a California corporation; and Hood Corporation (her( inafter referred to as "Contractor"). WITNESSETH: WHEREAS, Southern California Gas Company, The Paci Telephone and Telegraph Company and General Telephone Company o 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 Partie to enter into an Agreement with Contractor, whereby those perso firms, corporations and other entities intending to excavate, d blast or otherwise disturb the subsurface of the earth (hereina referred to as ''proposed work") within Orange County initially, 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 a hereinafter provided, thus encouraging such entities to notify Principal Parties in advance of the proposed work and permittin i 0 0. Principal Parties to take whatever action they may deem appropr and WHEREAS, it is anticipated that other parties enga in the rendering of services to the public, and also having sub surface facilities in and/or outside of the County of Orange, ( parties being hereinafter referred to as "Associate Parties") m desire to participate in said Agreement by entering into separa agreements with the Principal Parties, such separate agreenents to be consistent with the terms and conditions of this Agreemen and WHEREAS, Contractor and the Principal Parties desi to set forth herein the procedures to be followed in accomplish their stated purpose under this Agreement, their respective res sibilities in connection therewith, and the terms and condition under which Associate Parties may participate in this Agreement NOW THEREFORE, in consideration of the mutual cove nants and agreements he'reinafter set forth, Contractor and the Principal Parties agree as follows: ARTICLE 1 --Establishment and Operation of One Cal Center 1,Ol Commencing on or about sixty days after the date of this Agreement, there shall be established at a locatic to be designated by Contractor and approved by the Principal Pa -2- 0 e 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 rn< thereafter be changed by the Board of Governors (as defined in 52-02 and in the Operating Procedures) unless a provision of th Operating Procedures specifies otherwise. If there is any conf between this Agreement and the Operatin9 Procedures, this Agree ment shall control: but the Operating Procedures shall govern i the absence of a conflict with this Agreement. 1-03 The area initially designated for applicatic of this Agreement is Orange County. The Board of Governors ma!, 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 affectec party in the area of the proposed work. advised that it is his responsibility to ascertain the identit: of each party who may be affected by caller's proposed work in areas not covered by this Agreement. The caller shall be -3- 0 m 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. I 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 Operatin Procedures shall be preserved by Contractor for a period of at least six (6) years. A transcript or copy, as may be desic;nate of such recording or teletype message shall be made available b Contractor to and at the expense of any Principal Party or part cipating Associate Party requesting the same. ARTICLE 2 -- Governance and Payment 2.01 The Contractor shall present to the Principz Parties a detailed description of the communication services ai equipment the contractor deems necessary to operate the one ca center in accordance with this Agreement. The Principal Partic may either approve the Contractor's proposed service arrangemei or may alter or modify the service arrangement proposed, and t -4- a e. Contractor shall thereafter establish at the one call center th service arrangement as finally approved by the Principal Partie 2.02 Each Principal Party and each participating Associate Party shall be a member of an association known as thl "Underground Service Alert." Said association shall he governe by a Board of Governors to be elected annually at a meeting of all member parties. The Board of Governors shall annually elec a chairman who shall function as a day to day liaison between said association and the Contractor. r The association shall maintain a bank checking ' account in the name of "Underqround Service Alert." The Chairm of the Board of Governors, and such other official of the assoc ation as the member parties may designate, shall be authorized draw checks on said account. Each Principal Party member shall pay to the Under ground Service Alert association a one-time fee equivalent to o dollar per mile of main facilities as described in Exhibit No. upon signing this Agreement. Exhibit No. 1 is hereby incorpora by reference. Said monies shall be deposited in the bank check account described above and shall be utilized to establish an operating account. cliarcres as establis3ed in Exhibit No, 1, Rate Schedule. Upon Said fee shall be in addition to the month1 -5- 1. 0- termination of this Agreement by any one Principal Party member or all the Principal Party members, the terminating Principal Party nember or meimbers 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 amohnt first pa id * Contractor shall bill each Principal Party nember and each Associate Party member monthly in an amount establish€ by the Rate Schedule in Exhibit No. 1. Each member party shall then promptly forward to Contractor its check made payabl to "Underground Service Alert" and in the amount of its monthl: bill. Each month, the Chairman of the Board of Governor5 or other authorized official shall draw one check on said assoc ation bank account. made payable to Contractor in an amount equi to the total monies due Contractor for that month from all rneml parties - , Contractor's monthly cost to operate the one call center to be recovered hy its charges s9all not exceed a maxim) amount to be established from time to time by the Board of Govi Contractor's charge shall include lW/O of all expenses incurred -6- 0 e the Contractor ' s prof it. 2.03 The Rate Schedule agreed upon in Exhibit No. shall be reviewed Ion a yearly basis or more often as aqreed by the Board of CTovernors. 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 rnodified as stated in the Operating Proce and the new rate hilled by the Contractor. 2.04 Each Principal Party and each Associate Part shall submit to Contractor, on or before March 1 of each year, statement as to the miles of underground facilities, as descril in Exhibit No. 1, operated by each as of December 31 of the previous year and within the area served by the one call cente 2.05 Each Principal Party member and each Associ' Party member shall. submit to the Contractor a listing of those areas wherein each party desires to be notified of excavating I other activity. Said listing shall he in suitable form as sta in the Operating Procedures. Additionally, it is the responsi ity of each Party to notify the Contractor of additional areas into which tile member Party has extended or plans to extend it underground facilities. Contractor shall not be liable for fa to notify any party of proposed work in such extended area unl -7 - 0 e and until Contractor bas received written notification of any E extension of member's facilities into areas where the member pi ously had no interest. ARTICLE 3 -- Associate Parties 3.01 Other parties engaged in the rendering of services to the public and having subsurface facilities in the area covered by this Agreement may, at the option of the Princ: Parties become and remain participating Associate Parties to tl Agreement by (1) executing an "Associate Party Agreement'' in fc and substance as attached to this Contract as Exhibit No. 2, (: acceptinq and agreeing to be bound by the terms and conditions this Aqreement, arid (3) paying the fees provided by the Associi Party Agreement as they become due, An Associate Party Agreemi shall terminate upon the termination of this Agreement, and ma terminated by a participating Associate Party in accordance wi the terms and conditions of the Associate Party Agreement. ARTICLE -- Insurance and Indemnification 4.01 Contractor shall indemnify, hold harmless, provide a defense and pay any judgment rendered against any of the Principal Parities and participating Associate Parties, the officers, agents, employees or servants, and hold them harmles from any and all damages, expenses or costs including attorney -8- a a fees, and any and all claims, demands or suits on account of injury or deat?? of any person, damage to real or personal prope or any other injury or damage howsoever arising in any manner o of the performance or nonperformance of any work or obliqation undertaken by or imposed upon Contractor pursuant to this Agree ment. Contractor shall also indemnify, hold harmless, provide defense and pay any judgement rendered against the Principal 01 participatinu Associate Parties, their officers, agents, employ 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 injurq or damage howsoever arising out of the participation or meTber- ship by said Principal Parties and Associate Parties of this Agreement. Excludled from this section are ONLY tiose injuries or deaths of persons and damage, destruction or loss, to or of property arising from the SOLE negligence or willful misconducl any of the Principal Parties or participating Associate Partie: their officers, agents, employees or servants. Contractor sha' 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 pt or persons resulting from the same occurrence, and property dar -9- a e. coverage in the amclunt of $1,000,000.00 for each occurrence, wit each Principal Part.y added as a named insured. A certificate 01 certificates evidencing such insurance shall be filed by Contrac with the Principal Parties within fifteen (15) days of the date hereof. Such certificate or certificates shall provide evidencg 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 insurar shall be the financial responsibility of the Principal Parties and participating Associate Parties and upon payment by Contrac 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 covera (all forms refer to Insurance Services Office Form as in effe on January 15, 1976 or their successors which provide substant identical coverage) : Comprehensive General Liability - Coveracre Part L 639a with exclusions "q" deleted Personal In,jury - deleting exclusion 'IC" - L 9285 Blanket Contractual - L 9484 Independent Contractors - indorsed on L 6395a Completed Operations - indorsed on L 6395a -10- e 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 liauor liability as provided in Contractor's insurance policy as in its Ji2nuary 15, 1976 renewal (attached as Exhibit No. 3). If a substantial change is made in the type or amount of insura 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 be liable to any Principal Party nor to any participating Associate Party for any loss, cost, damage or expense in excess of the 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, aqents or contractors) of Article 1 of this Agreement. in carrying out any provisior 4.04 Principal Party, or the participating Assoc -1 1- 0 0. 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' feesp 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 negligence or willful misconduct by Contractor (or its employees, aqents or contractors,) in carryinu out any of t3e provisions of Article 1 of this Agreement. t 4.05 It is further understood and agreed that said Principal Party whose facilities were involved shall also indemnify, hold harmless, provide a defense and pay any judgment rendered against the other Principal Parties and participating Assclciate 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- 0 0 injury or damage whatsoever that the Principal Parties and participating Associate Parties micjht incur solely by reason of their participating or being a member in this Agreement. 4.06 It is furt!ier 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 aaainst the Principal Parties anc the 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 Princi.pa1 Parties might incur solely by reason of their participation or membership in this Agreement. 4.07 It is further understood and agreed that an: expense or'liabili-ty 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. 4.08 Notwithstanding any other provision of Arti -1 3- a 0. 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, Hobever, 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, Amendment, 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 ?.he application of any such provision to any part or circumstance shall be ileld to be invalid or unenforceable, the remainder of this Agreement, or the application of such provision to parties or circumstances ot?ier than those to whic it is held invalid or unenforceable, shall not he affected thc 5.03 Any waiver at any time by any party hereto its rights with respect to any other party, or with respect tc -14- 0 0 other matter arising in connection with this Agreement, shall not be considered a waiver with respect to any subsequent defaul 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 an 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 t be bound by any such amendment shall, within sixty (60) days after the mailing of such notification, deliver to Contractor E to the Principal Parties its written consent thereto. In the event that any participating Associate Party does not deliver : written consent to Contractor and the Principal Parties within sixty (60) day period, such participating Associate Party shal deemed to have terminated its Associate Party Agreement as of end of such period. 5.05 This Agreement shall become effective on t’r day and year above first written and sball continue in effect a period of one (I) year and from month to month thereafter: -15- 0 0 provided, however, that this Agreement may be terminated at any time after one (1) year by Contractor upon ninety f90) days pri written notice to each Principal Party or by all the Principal Parties at any time after one (1) year, for any reason whatsoex upon ninety (90) days prior written notice to Contractor. Any Principal Party may terminate its participation in this Agreeme at any time after one (1) year upon ninety (90) days prior writ notice to the other Principal Parties and the Contractor withoi affecting the remainder of this Agreement. notice shall be addressed to the following, as required: Any such written Manager of Distribution Southern California Gas Company P.O. BOX 3249 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-0. BOX 4368 Whittier, California 90607 Copies of such notice shall simultaneously be mailed to each 1 -16- e a. ipating Associate E’arty. 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, sha’ not discharge any party to any such Agreement of any obligation it owes to any other party or person by reason of any “transactir loss, cost, damage,, expense or liability which shall occur or a (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 applic and the Contractor agrees not to discriminate in employment op- portunities on tbe basis of race, colorr religion, sex or natic origin; to take appropriate, affirmative action and to file the required federal reports: and to comply with the laws relating the employment of veterans and the handicapped. The Contract0 further agrees to use his best effort to utilize minority busii enterprises to the fullest extent practicable and consistent w the efficient performance of this contract. Such an enterprisi means a business 510% owned by minority group members (Negroes, American Spanish-speaking, Orientals, Indians, Eskimos, and A1 -17- e 0. The Contractor may rely on written representations by subcontrac as to their minority status in lieu of an independent investigat Contractor agrees to execute the appended certificz and to comply with all provisions required by applicable Execut: Orders (as may be a,mended or promulaated from time to time), col of which are attached as Exhibit 4 and hereby incorporated as p; the terms of this Agreement.. This Agreement shall be executed in auadruplicate, copy of which shall. be a duplicate original of this Agreement. HOOD CORPORATION BY : GLA i ,& -(<. QJ .Le,.L-- Title 1 /* c.& 0 ,Ad;_ x ~(L‘L *+- BY 0 ‘‘.Lz&j Icccu.t$, ,Jk SOUTHERN CALIFORNIA GAS COMPANY 3 / Title .(bdc <A ”,+. c -YL d -. =z T THE PACIFIC TELEPHONE AND TELEGIWPH COP BY Title Vice President GENERAL TELEPHONE COMPANY OF CALIFORNIl / ,* /- - NP’ BY 7 i . ,..,CC’* .. . -. J..J --c Title -- &55[ /-5/, L’ \--- --. -’ p’cc ?yo;: -: . I *s, -18- * e AMENDMENT A ADDENDUM TO AGREEMENT - ONE CALL CENTER The undersigned Prificipal 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 - Associate Parties to add the following as Section 3.02: 3.02 In the event that a public agency having subsurface facilities in the area covered by this Agrement wishes to participate in the1 One? Call Center system, the Principal Parties may execute with such public agency an RA8aociats Party Agrement-Public AgencyR in form and substance as the attached document whkh is so entitled andl is Exhibit 5. Honthly feeis to be paid by participating public agencie aha111 be as set forth in the Associate Party Agx:eernent-Public Agency and the Rate Schedule attached thereto a8 Exhibit B. ACCE BY t HOOD COBEPQRATICON B Title Pres iderst Date JM&lt (I fA 6AS COMPBu%Y G - Title Vice Pweident TitPe Eng. and Const. Dfrectc Date July 19, 1979 Date July 10, 1379 * e AMf:NP!Tl:NT " n" pro OtIC CAr,r, CflNT1:R PRXNC IPAL PARTY ACRECMENT The undersiqnctl Principal P;rrt ice, to thc Aqrpcrncnt One Call Center, dated July 1, 1q7h, (thc "r'rincipal Party Agreement") and liIood Corporation, Contractor Cor performance of ssrvicae therleto, in consirlcration of the mutual terms and condithons contained herein, agree that the Principal Party Agreement shell be amended under Article 3 - Associate Partie to add the following as Section 3.03: 3.03 The Chairman of the noard of Governors of Underqround Service Alert - Southern California (the "Chairman") shall he authorized, upon rcccipt of evidence of adequate insurance to meet the requite- ments of Section 4 of the Associate Party Agreement, to execute on behalf of the Principal Parties an "A8sociate Party Agreement" in form and eubstance a8 attached to thie Contract as Exhibit No. 2. The Chairman shall not be author- ized to delekc, modify or otherwise alter any term or proviaion of the Associate Party Agteerncnt. The Chairman ehall Bend written notice to each principal party within thirty (30) days after the execution of an Associate Party Arjreemcnt. ACCEPTED BY8 HBdD CORFXlWATfOFI PACIFIC TELEPFIONE: AND TELEGRAPH COMPANY APR 14 1980 c /pfi Date SOUTHER24 CALIFORNIA CAS COMPANY GENERAT, TELEPHONE COM ANY OF Aw?fwa c~W F~blNt84 &A / C-1 c # B - DY * A ft (1 \/CA . I Title Vice Pretrtdent Title Acting OP E 6 C Direct / /d PI f# #I natc Data March 31, 1980 -_ 0 0. AMENI7MF:!IT "C" TO ONE CATJJ C!:M'l'I.:R PARTY AG RE I: M TWr P R I N C 1 P AL This Amendment is made by and smonrj Southern Calif( Edison Company, Pacific Telephone ,and Telegraph Company, Gent Telephone Company of California, Southern California Gas Comj and Hood Corporation. P WHEREAS, Pacific Telephone and Telegraph Company, General Telephone Company of Californic3 and Southern Ccll ifor Gas Company are the Principal Parties as defined in that cer Agreement - One Call Center, dated July I, 1976, (respective the "Principal Parties" and the "Principal Party Aqreement" : Hood Corporatioln is the Contractor for the performance of services thereto; and, WHEREAS, Southern California Edison Company desiri become a Principal Party to the Principal Party Agreement, < the Principal Parties and Hood Corporation are agreeable to same, NOW THEREFORE, incorporatin9 the above recitals a consideration of the mutual terms, covenants and conditions contained herein, the parties licrcto agree CIS follows: 1 e The Pr iricipitl P;irty Acjrcvtncnt 8 as iiIIIC'I\<?<b<l, sl further amended to inclutfc thc Sout.licrti Cal i. fortiia Edison ( ("Edison") as a Principal Party. c 0 0 -2- 2. Edison agrees to undertake, perform and compll ' each and every requirement, term and covenant of the Princi; Party Agreement, as amended, to the extent such requirement: terms and covenants are incumbent upon it as a Principal pa: 3. 1Sdison agrees to pay a one-time charge of ONE DOLLAR AND FIFFY CENTS ($1.50) per conduit or pipeline mile facilities in accordance with Section 2.02 of the Principal Agreement as modified by Item 6-E of the minutes of the mee of November 1, 1979 of underground Service Alert+ The part Rereto agree said charge shall be the sum of FOUR THOUSAND HUNDRED SEVENTY FOUR DOLLARS ($4,674). Said amount is calc on the basis of 3,116 cable miles, being the number of mile cable as described in the Principal Party Agreement operate Edison within the County of Orange as of the effective date this Amendment. In the event that Edison expands the scrvi area to be included in the Underground Service Alert-One Ca Center notification system, Edison shall pay a similar one- charge at that time based on the number of miles of cable operated in the newly covered area. 4. Any written notice to bc dcliverccl to Edison be addressed as follows: Manager of Di:;LriI>ut ion Operation:; Southern California Erlison Company 2244 Walnut Grove Avenue P.O. nox ROO - Room 392, G. 0. Rosemcrld, California 91770 0 e. -3- 5. This Amendment shall be effective January I, I IN WXTNESS WHEREOF, the parties hereto have execut this Amendment on the day and year written below. ACCEPTED BY: P MOOD CORPORATION SOUTHERN CALIFORNIA EDIl COMPANY - d c By : Zt+ d- 3 ,'& Title: 6L. Title: L','Cc 1 re5 Date: ML4, 31, /im Date: //-/ 7 - pfl SOUTHERN CALIFORNIA GAS COMPANY PACIFIC TELEPHONE AND By : Title: Tit le : OENERAL MANAG bEC -8 1980 Date : pu'. a<, /f8d Date: GENEWL TELEPHONE COMPA , CALIFORNIA By: p-/&& Title: d2J Ad/ (g,FRi-./C Date: /'x -/-J4 -II e 0 AMENDMENT "D" TO ONE CALL CENTER PRINCIPAL PARTY AGREEMENT This Amendment is made by and among San Diego Gas Electric Company, Southern California Edison Company, Pacifi Telephone and Telegraph Company, General Telephone Company f California, Southern California Gas Company and Hood Corpor: WHEREAS, Southern California Edison Company, Paci Telephone and Telegraph Company, General Telephone Company California and Southern California Gas Company are the Prin Parties as defined in that certain Agreement - One Call Cer . dated July 1, 1976, as amended, (respectively, the "Princig Parties" and the "Principal Party Agreement") and Hood Corporation is the Contractor for the performance of servi( thereto; and, WHEREAS, San Diego Gas and Electric Company desi become a Principal Party to the Principal Party Agreement, the Principal Parties and Hood Corporation are agreeable t same , NOW THEREFORE, incorporating the above recitals in consideration of the mutual terms, covenants and condit contained herein, the parties hereto agree as follows: 1. The Principal Party Agreement, as amended, 1~ be further amended to include the San Diego Gas and Elect Company ("SDG&E") as a Principal Party. 0 0 -2- 2. SDG&E agrees to undertake, perform and comply each and every requirement, term and covenant of the Princir Party Agreement: to the extent such requirements, terms and covenants are incumbent upon it as a Principal Party. 3. SX&E agrees to pay a one-time charge of ONE DOLLAR AND FIFTY CENTS ($1.50) per conduit or pipeline mile facilities in accordance with Section 2.02 of the Principal Party Agreement as modified by Item 6-E of the minutes of t meeting of November 1, 1979 of Underground Service Alert. parties hereto agree said charge shall be the sum of FOURTE THOUSAND FIVE HUNDRED EIGHTY SEVEN DOLLARS ($14,587). Said amount is calculated on the basis of 9,725 cable and pipeli miles, being the total number of miles of cable and pipelin described in the Principal Party Agreement operated by SDGE of the effective date of this Amendment. 4. Any written notice to be delivered to SDG&E s be addressed as follows: MANAGER OF CONSTRUCTION MANAGEMENT SAN DIEGO GAS & ELECTRIC COMPANY 101 Ash Street P. 0. Box 1831 San Diego, California 92112 5. This Amendment shall be effective July 1, 19 0. -3- 0 IN WITNESS WHEREOF, the parties hereto have execu this Amendment on the day and year written below. ACCEPTED BY: HOOD CORPORATION SOUTHERN CALIFORNIA EDI: COMPANY e By : +dF+ / .flA+ 2 /CY Title: ,f/;J?.&- Date: L7/'T/'$/g>4 J SOUTHERN CALIFORNIA GAS COMPANY PACIFIC TELEPHONE AND TELEGRAPH COMPANY *7 / .- *E?? ., *- ... By: a$gL By : dg&LA* Title: J- -'/Zdy Title: r)lviqlnn staff Mu Date: 57&- Date : 7/28/82 SAN DIEGO GAS AND ELECTRIC COMPANY OF CALIFORNIA GENERAL TELEPHONE COMPP By: {&yQ ZL%#dfL By: p;(& 7 iv is ion anager Title: Customer Service Administration Title : OP Eng/Const Dir Date: May 21, 1982 - Date: C 17-k~ 0 0 UNDERGROUND SERVICE ALERT OF SOUTHERN CALIFORNIA USA-SC OPEPATING PROCEDURES Article Contents Page 1. Purpose ..o...e..o......oo....m 1 2, Objectives O.O.~.a.~OeDO~O.D~... 1 3. Participating Members . . - . o o e e . o o c e o . - 1 4. USA-SC Contractual Agreements . . . m e o a o e . . a 2 5. Rate Structure - . . - e e o o . e o . o o . o . e . 3 6. Center Management . . . e . . e D o . . o e . . a . . 3 7. Communications . . . . D e e . a . S e o . D e . . . 6 8. Center Operations . . . . . e e 9 . e . o - q . . a . 9- Public Relations and Publicity o . o . . a e a e . . 1: Exhibit 1. . . *. . o. e v . . . . . o e e. e o. 1L Exhibit 2. -.. . . a. *.. . . o o e e o e -. o 1E - I a /gM/&fl -i- 0 a. 1. PURPOSE 1.01 The primary purpose of the Underground Service Alert Center of Southern California, hereinafter referred to as USA/SC, is to provide a centralized, one number call system to expedite the location of underground installations (including water, gas, electric, tele- phone, etc.) prior to the start of any excavation work. For purToses of these operating procedures, the folllowing definitions will apply: 1) Excavation Work: Any work that may affect the subsurface of the earth. 2) Excavator/Excavators: Any person or entity performing excavation work. 1.02 The Center's major functions are: 1) To receive reports from the public, contract utilities and all other excavators who have been encouraged to call the CJSA/SC Center th working days in advance of planned digging a vity. The calls received for this purpose 2 called "Underground Location Requests". 2) To transmit this information to all particig members who may kave underground facilities the location of the digging activity or are otherwise concerned with this digging activi (The owner is then responsible for notifyin< the caller). 3) Promote use of and membership in YSA/SC. 2 e OBJECTIVES 2.01 The USA/'SC Center is designed. to encourage acceptancc and active participation by all underground operator: government agencies and excavators. The renter's oh: tives are to: 1) Promote public safety. 2) Eliminate costly damage to underground faci 3) Reduce lost production time, due to damages 4) Promote compliance with O.S.II.A., Section I' 5) 6) Promote membership in USA/SC. 7) Promote use of USA/SC. Help protect our underground environment. 3 e PARTICIPATING MEMBERS 3.01 Participating members are those organizations and re; sentatives thereof which are signators to the Princi. -1- 0 Party Agreement , Associate Party Agreement, or Associate Party Agreement - Public Pqency. 3.02 Signators to the Principal Party Agreement or to the Associate Party Agreement are eligible for membershir to the USA/SC Committee. Signators to the Associate Agreement - Public Agency are not menhers of the CJSA/ Commit tee. 3.03 Sustaini.ng members are those corporations, firms, individuals or public agencies which, by virtue of their business, professional or public activities share the concern and oSjectives of the Association in establishing and operating a plan of activities designed to protect underground facilities as described in Articles 1 and 2. 1) Sustaining membership is recoqnized b:r a suitable certificate issued hy the Coard of Governors upon payment of annual members fee. Such annual payment shall be determin from time to time by the Board of Governors but shall be not less than $50.00 per year. 2) Sustaining members: do not receive notifi- cation of proposed work; are not signator: to the Principal Party Agreement or the Associate Party P-greement; are not members of the Underground Service Alert Associatic are not entitled to vote at any rneeting of said Asscciation. 4 e USA/SC CONTRACTUAL AGREEMENTS 4.01 All participating members of USA/SC shall be govern by the articles of the Principal Party Agreement. 4.02 The participating members shall be divided into thr categories : 111 Privately owned utility companies with OVE 2,000 trench miles of underground faciliti in Southern California. These members shz be known as Principal Parties and shall be signatories to th.e Principal Party Agreemc 2) Other companies, governmental agencies, ai all other pnrticipattng members s3ali be : as Associate Parties and will sign Associ Party Agreements as stated in the Princip Party Agreement, except as provided in (3 3) Governmental agencies who elect to sign a Associate Party Agreement -- Public Agency not members of the Association. These pu -2- 0 0 agencies participate in the one-call system and receive all the benefits thereof but do not participate in the management of the Association. 5. RATE STRUCTURE 5.01 For purposes of cost apportioning, the participating members will be divided into the same categories as jn Section 4.02. 5.02 Each participating member will be assessed a monthly fee in accordance with the applicable rates containe in Exhibit 1. 5.03 Each Principal Party will be assessed a monthly fee equal to a percentage of the remaininq operating co:: This percentage will be determined by the percent of each Principal Party's underground mileage to the total Principal Party mileage. (see Exhibit 1). 5.04 If any Principal Party's monthly fee falls below an amount equal to $25.00 plus 1OC per mile of undergrc facilities, it will be necessary to adjust this rat( structure. Any such adjustment will be accomplishe according to the terms an2 conditions of Article 6, of these Operating Procedures. 5.05 The fees collected through this rate structure will cover .the operating costs of the Center excluding any individual company's communications costs assoc with t!he methods, of notification as outlined in subsequent sections. 5.06 The Principal Parties, Associate Parties and Associ Parties - Public Agency will submit in writing, upc trench mileage of population figures to the Board ( Governors by March 1st of each year based on their mileage as of December 31st of the prior :!ear or t! latest available population figures. This will a1 the revision of billing amounts for each new C'ontr4 Year, which runs from July 1 to the following June 6 CENTER !.IANAGCMENT 6.01 The Underground Service Alert of Southern Californ Committee is the managing body responsible for OVE seeing the operations and maintenance of the USA/: Center. The Committee consists of one representat of each participating Principal and Associate Part The Committee will meet only as required, hut at 1 once a year, on or before August 1st to elect the Board of Governors and conduct any other business that may come before it. - 3- e 9 6.02 A quorum of the USA/SC Committee shall consist of tl members present. majority of votes cast. 6.03 The TJSA/SC Committee will oversee the operation.: of the USPUSC Center through a 3oard of Governors. Th Board of Governors will be made up of the followiqg members. Any vote will be won by a simple 1) One representative from each of the Princi] Party organizations. Each one of these re' sentatives has one vote. 211 Four representatives from the total body o Associate Party members. Each representat here named has one vote. 6.04 The Board. of Governors will elect a chairman and a vice-chairman to coordinate the total USA/SC prograi The chairman will be responsible for: 1:) Conducting regularly scheduled meetings of the Board of Governors and the USA/SC Committee . 2:) Approval and distribution of the minutes o 3:) Acting as liaison between all IJSA/SC nembe 4:) Providing functional guidance and directio to the President in carrying out his dutie 5) Instituting all actions as directed by the these meetings. and the Contractor. Board of Governors, that are not covered in this section. 6.05 The Vice-chairman will assume the duties of the Cha in his absence. 6.06 Each representative on the Board of Governors may, such olccasions as may be necessary, send an "Rltern to a mleetinq of the Board. The choice of "Alternat will be left up to each representative. A letter o aesignation, signed by the official Roard represent will accompany the "Alternate" to any meeting atten This letter will be presented to and kept by the Ch at the time of the meeting. Associate Party representative on the Board of Gove will be elected at the annual meeting of the Associ Associate members shall elect, based on one vote pe trench mile or one vote per 1000 population, four o their number to represent all Associate members on Board of Governors. 6.07 -4- * e The Vice Chairman of the Board shall conduct the f election (3 f Associate Party representatives and shall decide any conflict that ma:I arise in the interpretati of these election procedures. 6.08 If an Associate Party representative on the Board of Governors must be replaced for any reason, the Board will appoint a replacement to hold office until the next annual meeting. 6.09 The Board of Governors will meet as often as necessar: to conduct the business of the Associatioa but at leas once every two months. The time and place of each me€ will be scheduled well enough in advance to provide proper and adequate notice to each Association nember The Board members prescnt at any meeting will constiti a quorum. Any vote taken will he won by a simple majority of those votes cast. All rissociation members may attend Board meetings and may request to particip in discussion of any matter brought before the Board. Voting on all matters is limited to Board members. 6.10 The Soard of Governors has the power to review all th operations and accomplishments of the USA/Sc Center. The Board will, if necessary, make recommendations tc the Contractor, involving revision, deletion or addit of any part of the Center's operations, except those stated in Section 6.12. Any changes, additions or deletions made pursuant to this Section will Se vote? on according to the terms fo Section 6.09. '312 Boar( will keep, and distriSute to a11 members, minutes cf all it's meetings and any other actions it takes. 6.11 The Board 3f Governors will handle all discrepancies arising out of interpretations of these operating procedures. 6*12 The Board of Governors cannot amend those portions o these Operating Procedures and Exhibits that deal wi Rate Structure, or this entire Article 6. These por can only be changed by the full committee in accord2 with Section 6.02. The USA,/SC Commit-tee will maintain a Sank checking account in the name of "Underground Service Alert". The chairman and such other officials of the Roard of Governors, as the member parties may designate, shall be authorized to draw checks on said account. This account will be used solely for paying the Con tor his monthly operating costs and paying any adve. costs incurred independent of the Contractor and ot bona fide operating costs. 6.14 The cha.irman of the Board of Governors is responsib The Board's decision will be final. 6.13 to balance the account each month after receipt of bank statement from Contractor. E!e will report on status of the USA account in each monthly meeting. -5- 1) @ A financial status report shall be included in the minutes of the meeting. 6.15 The Center shall be at a location agreeable to both the Contractor and the Board of Governors. 7. COllMUNICATIONS 7.01 The Contractor will provide sufficient equipment and. personnel- to maintain efficient operation of the Centc Increaser; in costs incurred will be justified by the Ccntractor to the Board of Governors. 7.02 For liability purposes, all incoming calls (handled ? XN-WATS :tines) are recorded on tape. In addition, al telephone notifications to the members are also recor Said recordings are made in accordance witl- tariffs o file with the California Public Utilities rommission and local, state and federal law. 7.03 Zach member is individually responsible for maintaini communications equipment on their premises to handle receipt of local request information. 1) Those eligiSle for telephone service, will maintain a telephone number at which a representative may be reached at any time during normal business hours. 2) Those using telecommunications equipment will maintain a "Receive Only" station on ar individual or shared basis. Terminals sharc by more than one member must he listed at tk Center, by all the names of those menhers sharing it, Such arrangements for sharing terminals must be individually negotiated w the help of the chairperson. Information st to shared terminals nust be transmitted to ( parties as soon as practicable. 7.04 Only members receiving less than 30 notifications pe month are entitled to use a voice telephone system. Members receiving a heavier volume of notifications expected to receive their IJSZ? cornmunicatiors hy use Teleprinter. The Contractor will coordinate all requests for additional teleprinters. All receiving stations shall he responsible for maintaining their teleprinters in good working condition. Exhibit 1 Kate Schedule, each member will be billed in accordance with the following schedule of the message receiving equipment utilizez: 7.05 In addition to the monthly rates set forth in the 9) Teletype receiver stations provi?.ed throug! the Center (each station) : a) Installation Charge - actual charge bl -6- 0 0 the Telephone Company. b) Monthly Charge - $115.00. Teletype Receiver Stations provided by member: Installation Charge and 1?onthl:7 Receiver hilling charge will be determined and billed on an individual basis for member: who provide or furnish teletype receiving equipment maintained by the Center. 2) 3) Telephone Xotification (Per Telephone Number a) Installation Charge:. $10.00 b) Monthly Charge: $1.25 for each call up to 30 during a ca3 month . $1.50 for each call over 35 and up to 60 during a calendar month. $1.75 for each call over GO during a calc month. c) The foregoing applicable per call charge be applied each time the member location contacted by the center personnel for thl purpose of transmitting an excevation no cation message, whether or not such noti is completed. d) The applicable rate as stated in (b) abo will be doubled for each call during whi the center employee initiating the call put on "hold" for the convenience of thc member. 8. CFPITER OPERATIONS 8-01 The Center's business hours are from ?AT? to 5?FI Mhri? through Friday excludifiy holidays. 8.02 The Center's holidays are New Year.'s Day, Washingto Birthday, Memorial Day, Independence Day, Labor Da:7 Thanksgiving Day and Christmas Cay. 8.03 The Contractor shall provide the personnel necessar carry out the business of the Association and shall en2loy a President, Xanager, and Office Clerks. T9 schedule of the Manager and Clerks will be arrangei provide adequate personnel during business hours. 1:) President The President is employed by the Contract( - 7- a 0. with the concurrsnce of the Board of Govern0 and receives functional guidance and directi from the Chairman of the Board. The salary and reidursable expenses, positi responsibilities and job performance of the President are subject to Board approval. The President is responsible for carrying ou the business of the Association ant! fGr fulfilling the objectives and purposes as described in Articles 1 and. 2: Promotes membership in the system by utility and agen operators of tinderground facilities and othe promotes use of the system by all excavators attends meetings of outside groups andjor makes presentations to interested parties; develops and implements advertising and promotional activities; recommends changes and im;2rovements to the operating procedures of the system; directs activities of the mar performs other duties in the furtherance of business of the Association as directed by t Chairman. 2) Manager The Manager reports to the President and exercises full responsibility for the day-tc day operations of the Call Center: IIires, t and supervises off ice clerks; coordinates JIJC assignment to maintain proper telephone COVE develops and implements quality assurance programs, reviews findings with Clerks, comE quality indices for the group and for indivi reviews and analyzes on a sampling basis the work performed to assure accuracy and perf01 in accord with established procedures; devel written procedures for the tasks performed 1 Clerks; receives and handles unusual or corn1 calls; prepares monthly bills, receives and deposits payments, and maintains such recort may be required; assists the President as requested and performs such other duties as be assigned from time to time; may perform duties of office clerk. The Manager will al serve as secretary of the Board cf Governor: 8.04 The Contractor is responsible for billing of the Participating members in accordance with Article 5 ai f 01 lowing : 8.0401 The Contractor eetermines, prepares and mails a bill for each participating mem; in accordance with tho ap2roved rate structure - Exhibit 1. For purposes of -8- e m. accounting, books are kept of each month' billing, by member name. Said books shal be kept in accordance with generally acce accounting principles. 8.0402 The Contractor cornpiles a monthly summary of operating costs in d-etail, current mon billing by merher name, and last month's billing showing credits for amount paid. These reports are submitted to the Chairn of the Board of Governors by 15th of the month following the month Gnder report. Upon receipt of the monthly bill from the Contractor, each member will make paymenf by check, made out to "Underground Servic Alert". This check is sent to the Contr; at the USA/SC Center. 8.0403 8.0304 The Contractor credits each member's acct when its payments are received and depos. the money in the USA Sank Account. Depo: slips and monthly bank statements are reviewed by the Chairperson of the Board Governors. 8.0405 The Contractor is responsible for mainta records of all expenses associated with USA/SC: Center operations. These records subject to audit by the Board! of Govern0 8.05 Location Request: 8.0!301 All requests are handled on IPT-WTLTS line and are recorded. Each request has a number assignee to it This number is given to each caller for future reference. All callers not giving two working days notice are reminded of this requirement. They are told that the affected members may not he able to provide location information prior to the start of the jc but the request will be handled as promF as possible. After all the necessary information to complete the location request has been given, Center personnel tells the callel which members will be notified. They a1 tell the caller that Non-Members must be contacted separately by the caller. 8.0'502 8.0503 8.0504 -9- 1 e 0 8.06 Locations Each participating member is responsible for completin? a listing of those Thomas Brothers Hap Book Page and Grids in which they want notification of digging activ- The forms for this listings are supplied by the Center Each member is responsible for notifying the Center of any changes, as they occur, in their areas of coverage 8.07 Transmissions of Location Request information: All Location Reuuest information is dispatched by the Contractor to each affected member as possible after receipt thereof. The Contractor shall use reasonable judgement in determining the sequential order in which said location request information is to be transmitted by teleprinter or telephone. 8.0701 The receiving stations are responsible fc prompt handling of all locations request: received. Each participant who is notif: must advised the caller if they do or do have underground plant at the work locat: 8.0702 If their records do indicate below grounc plant at the work location, the particip company will promptly notify the caller advise them of the conflict. In accorda with each Company's Policy, the affected members will then provide information ab or locate and identify the location of i facilities by staking or marking on the surf ace. 8.0703 Each receiving station is responsible fc immediately notifying the Center of any garbled teletyped message and/or any mechanical failures, of which it is or should be aware. The Center will then determine if the problem is operator cat or is a case of equipment trouble. 8.0704 When receiving equipment trouble or failure is indicated, the receivilrg station will be responsible for reportir it to the appropriate location repair number, as indicated on its teleprinter 8.0705 When computer failure occurs the Center will report location request informatio to affected members via telephone until the failure is repaired. Calls made un this provision will be nade from the To A- Katic phone, so they will Ix recorde 8.08 The cl.eirJcs are'to handle any follow-up calls for -10- m I. additional information or failure of any one or more companies to respond to a location request. 8.09 Calls received to report Emergency work that must be done immediately, are handled as normal location reque and transmitted as soon as possible. Callers reporting damage to the underground facilities of any Member or fjon-IlemSer are requested to call the affected Utility or Agency directly. The Contractor j to supply the telephone number of the UtilitlI or Agenc involved, if known. In addition, if the caller indicates the proposed work will involve the above ground facilities of any Member or Non-):ember. the Contractor will inform the affected Utility or Agency directly. 8.10 8.11 All calls received in the Center after scheduled oper, hours are answered by a recording device attached to IX-VATS :Lines. A pre-recorded message advFses the ca of the Center's scheduled operating hours and direct them to call back. The message also refers all emerg calls to the affected organization. 8 - 12 Records, Reports, Logs: 8.1201 The Contractor is respGnsible for the following reports: 1) Daily log of calls receive6 includi time received and ticket number. 2) Daily log of calls giving less thar hours notice, including ticket nu& caller's company and length of notj in hours a 3) Daily log of messages transmitted, including ticket number involved. 4) Monthly summaries of Reports 1, 2, 3. 5) Monthly report of damages incurred each participating company, showin1 Date, Time, Location of damage and of excavating comFany involved. Information needed. to formulate th report is to be supplied hi7 tlie participating companies on a nonth basis on forms supplied by the Cen 8.13 The Contractor will be responsible for maintaininq a of a11 records and tapes of recorded conversations f a period of six (6) years. At the end of six (6) ye the Contractor will destroy the aSove records unless otherwise requested in writing by any Principal ox Associate Partlj. Upon such a request, the Contractc will supply a copy of the information required to tlr originators of such a request, at their expense, to maintained by them. -11- e m 8.14 Location Requests are communicated by excavators to US by WATS telephone lines. All transmissions on USA T7AT lines are recorded. Fiotification of Location Requests are transmitted to members by Teleprinter or Telephone dependin5 on the needs of each member. Telephone Loca Request transmittals from US?. to members are recorded. Copies of Teleprinter messages are Frodcced I>;. the computer at the time of transmission. Tape recordings and computer copies are retained by USA. €or the use ar benefit of Company/Agency members, the contract operat of 1JSA (flood Corp), and users of the One-Call System. Tapes are handled, recorded on, played, stored, and rerecorded frox, by TJSA ernp1o:rees 011117, or such qualif operators as may be designated by the Chairinan to maintain reliability and integrity of tlie tapes. Tape will not be release? to an:' menher or other for any purpose. 8.140 1 On request from a flember Conpany/Agency IJSA will provide op,e copy of any teletyl Location Request, in addition, tape recc ings of inconing and/or outgoing telephc transmittals will be made availaSle for listening and, if required copies of su( recorded messages will be furnished. 8.1402 On letter request, USA will provide to c qualified ?Jon-Pknber one copy of the teletype Location Eequest which resulte from an original call. US.q will determ if possible, the reason for the copy re and if damages to a Nemher's facilities occurred during the work. L,-)A t:ill pro one copy of tape recorded messages from caller to IJSA to cl :?ember or P"emhers on after receipt of payncnt of ec timated rerecording costs. USA vi11 notify h;~ each menSer to whom. the original Locati Request was transmitted, whether by tel or telephone, stating the reason for tl- copy request, name of requestor, whethc not damage occurred, and any other infc that will be of assistance to the membc One copy of the teletype Location Requc will be provided and the flember(s) will advised if the caller requested tape rc of the transmittals. rTc 8.15 Other provisions of these operating 2rocedures notwil the Center shall use its best efforts to receive and excavation notices in the event of electrical power which precludes the recording and normal transmissio message. -12- 0 m -1 9. PUBLIC RELATIONS AND PUBLICITY 9.01 The Center will maintain a log of all presentations mad involving the promotion of the USA/SC program. Arrange ments nay he nade through the President for such presentati.ons to any interested. groups. Advertisement and promotional materials will designate "underground Service Alert" and should include the Ceni toll free number and logo. To prevent duplication of effort and to maintain conti] of promot:Lonal items, all participating companies are l to submit to the Coard of Governors at least one copy ( any promotional materials used, which were not processt through the Board of Governors. This will include int company 2:romotions 9.02 9.03 9.04 A complete file of all promotional material will be ke by the Planager . 9.05 Participating ?4embers are encouraged to list in teleph directories the Call Center toll-free nudier under the company or agency name for locating/marking informatio Such listings are billed to USA by the Telephone Corn?? at the rate of .75/mo. for each directory listing in t White Pages. Each ltlember shsll, at least annually, ac . the Planager of the total number of directories in whic such listings appear. Plembers are billed by lJSA for these charges along with their monthly membership and communication charges. -13- Exhihi t 1 0 m .. . . UIJDERGROUND SZRVICE PLERT PATE SCIIFDTJLE A, This schedule sets forth the rates charged Associate Pa members and Principal Party members of the Underground Service Alert one-call system. Communication receiving costs are additional and are stated in Section 7, Parag 7.12 of the Operating Procedures. B. The monthly charge to each Fssociate Party member who receives notification from the one-call center of propo excavating or other underground work is iii accord with the following schedule: 1. For unl3erground facilities operated hy the member within the area served by the one-call center a ch; of $25.00 plus $.lo per trench mile for all main li facilities (excepting service lines or similar late extensions). 2. Cities and counties which operate, or cause to he operated, underground facilities (except natural 4; or electric transmission or distrihution systems) , charge of $.35 per 1,000 populaticn, or the rate SI forth in B.1. above, whichever rate produces the 11 cost, with a minimun of $25.00. 3. Cities and! counties which qualif17 for the rate est in B.;!. above, and which operate electric and/or FJ distribution systems, and additional charge of $.O 1,000 population for each such electric or gas sys C. Each Principal Party member will pay a monthly sum in proportion to the trench miles of underground faciliti as defined in 3.1. above, operated by all the Principz Party members within the area served by the call centc that the total sum of the Associate Parties-' contribut and the Principal Parties' contributions equal the nor cost of operating the call center except th? sum paid monthly by each Principal Party shall he not lcss thar $25.00 plus $.lo per trench mile of underground faci' as defined. D. Members who elect not to receive notification from thg center of proposed work pay a monthly fee as agreed u the member and the Principal Parties but in no event 3 charge be less than $25.00. -14- * m -e .r" !JUTlON &%XE" EMrRV Exhibit 2 I. TL#LT: 2. bATE : 3. TikE: 4. TflKEN 81/: 3. CHAM L. LbLATlON: 7. 8. Q. IO. 11. &UN?\I: 12. PAGE: 13. GRID: 14. Qbm: IS. NATURE OF WOW: lb. DATE BEGIN: 17. 71k€ BLGIU: 18. PRIORI1 iq. INSTRUCT 10N *- a. CAUL: 21. CO. b1~6 wRL: Aa. &ONE: a. (flu BACK: 24. BEING DOME FOR: &. FC4zNBN: a!~. MAT €5 t &. REMAR~S: MENBERS -15-