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HomeMy WebLinkAbout2005-06-07; City Council; 18155; FUNDS AND APPROVAL CITY AND SDG&E AND SBC UNDERGROUNDING OF OVERHEAD UTILITY LINES RANCHO SANTA FE RD NORTH PHASE 2I9 4w 18,155 UlTG. 6/7/05 IEPT. ENG mhL DEPT. HD. CITY ATTY. k<. - TITLE: APPROPRIATION OF FUNDS AND APPROVAL OF AGREEMENTS BETWEEN THE CITY OF CARLSBAD AND SDG&E AND SBC FOR UNDERGROUNDING OF EXISTING OVERHEAD UTILITY LINES FOR RANCHO SANTA FE ROAD NORTH, PHASE 2, PROJECT NO. 3907 RECOMMENDED ACTION: Adopt Resolution No. 2005-181 appropriating funds and approving agreements with SDG&E and SBC for undergrounding of existing overhead utility lines for Rancho Santa Fe Road North, Phase 2, Project No. 3907. ITEM EXPLANATION: The Rancho Santa Fe Road project consists of the widening and realignment of approximately 2.2 miles of Rancho Santa Fe Road from La Costa Avenue to Melrose Drive. The project is being constructed in two phases: Phase 1, from La Costa Avenue to San Elijo Road; and Phase 2, from San Elijo Road to Melrose Drive. Benefits of the project include reduced congestion, improved traffic flow, and increased safety for travelers on the road. Additionally, this project will improve a vital link in the North County region’s roadway network. There are existing overhead electrical and telephone lines along the west side of the existing Rancho Santa Fe Road north of San Marcos Creek that are within the new right-of-way for the road realignment. During the design phase of the road realignment staff was under the understanding that these facilities were included in the undergrounding project associated with the City of San Marcos Rancho Santa Fe Project. It has since been learned that the San Marcos undergrounding did not include all of the overhead facilities. Subsequent discussions with the utility companies determined that the best alternative was to underground the remaining overhead facilities as part of the Carlsbad Phase 2 road realignment project. Staff has determined that SDG&E has senior rights over most of this area and therefore, the majority of the cost to move or underground their facilities that are in conflict with the road realignment are the responsibility of the City. The city’s contractor at the city’s expense will perform the construction of underground conduits and structures. The utility companies will then install necessary equipment, pull their cables and energize their systems. There are two agreements with SDG&E for approval. One is to pay SDG&E to pull new cable, install equipment needed and energize their systems. The amount payable to SDG&E is $151,948. The second agreement is for SDG&E to pay Carlsbad $26,853 for work the City will be performing for SDG&E. The City of Carlsbad has senior rights over SBC in this area. SBC was willing to relocate their existing overhead facilities to a position outside of the new road alignment but they would have still been overhead. In discussions with staff, SBC was agreeable to undergrounding their facilities provided the City pay the cost difference between relocating the lines overhead and the undergrounding. Staff feels the underground of these facilities, as part of the road realignment project, is the preferable solution. The amount payable to SBC is $55,469. Page 2 of Agenda Bill No. 18,155 I $3,627,000 Design Environmental Mitiaation & Monitoring I $3,687,000 FISCAL IMPACT: $0 I $3,627,000 $700,000 I $4,387,000 J Budget The cost of the Rancho Santa Fe Road Phase 2 is summarized in the following table. Costs shown are based on actual costs and bids received. Design costs for Phase 2 were incurred in Phase 1. - - I I I I Riaht-of-Wav $0 I $289,000 I $289.000 1 TASK DESCR1PTION I PHASE1 I PHASE2 1 TOTAL I - - Right-of-way Construction, Inspection, Materials Testing & Public Relations TOTAL ESTIMATED COST TOTAL APPROPRIATIONS TO DATE APPROPRIATIONS ABOVU(8ELOW) COSTS $0 $289,000 $289,000 $1 9,153,000 $1 9,215,000 $38,368,000 $26,467,000 $20,204,000 $46,671,000 $26,575,000 $1 9,982,000 $46,557,000 , $1 08,000 ($222,000) ($1 14,000) . Construction, Inspection, Materials Testing & Public Relations I $19.153.000 I $19.215.000 I $38.368.000 I - - - - - - - TOTAL ESTIMATED COST TOTAL APPROPRIATIONS TO DATE APPROPRIATIONS ABOVU(8ELOW) COSTS $26;467;000 $20;204;000 $46;671 io00 $26,575,000 $1 9,982,000 $46,557,000 , $1 08,000 ($222,000) ($1 14,000) . Phase 1 appropriations are anticipated to be sufficient to cover the estimated cost of the project. FUNDING SOURCE PHASE1 PHASE 2 Community Facilities District & PFF $1 9,582 , 000 $8,990,000 Federal, & State Grants and Loans $4,741,000 $7,270,000 Reimbursements (Dev., CMWD & VWD) $2,144,000 $3,944,000 TOTAL $26,467,000 $20,204,000 The total cost of Phase 2, however, is estimated to be $222,000 higher than the appropriations to date. Most of the shortage is due to costs for undergrounding utilities. These costs have been included in the construction amount shown above for Phase 2. The costs associated with undergrounding the existing overhead electrical and telephone lines are $1 51,948 for SDG&E and $55,469 for SBC for a total of $207,417. TOTAL $28,572,000 $1 2,011,000 $6,088,000 $46,671,000 Staff is recommending an additional appropriation of $222,000 from the Community Facilities District No. 2 fund for the road project to cover these additional costs. Fundinq The Rancho Santa Road project will be funded with a combination of Community Facilities District No. 1 (CFD #1), proposed Community Facilities District No. 2 (CFD #2), Public Facilities Fee (PFF), Federal and State grants, and reimbursements from other agencies and developers. Funding sources are summarized below: a Page 3 of Agenda Bill No. 18,155 ENVIRONMENTAL: The City Council at their meeting on June 2, 1992 passed Resolution No. 92-152 certifying EIR No. 91-1 for both Phase 1 and Phase 2 of the Rancho Santa Fe Road project. The City Council at their meeting on April 25, 2000 passed Resolution No. 2000-128 approving Addendum No. 2 to the final EIR No. 91-1 for Rancho Santa Fe Road. This EIR covers the realignment and widening of Rancho Santa Fe Road from La Costa Avenue to Melrose Drive. EXHIBITS: 1. Location Map 2. Resolution No. 2005-1 81 appropriating funds and approving agreements with SDG&E and SBC for undergrounding of existing overhead utility lines for Rancho Santa Fe Road North, Phase 2, Project No. 3907. 2. Agreement for replacement of overhead with underground facilities with SDG&E for Rancho Santa Fe Road North, Phase 2, Project No. 3907. 3. Agreement for utility payment for installation of electric distribution system with SDG&E for Rancho Santa Fe Road North, Phase 2, Project No. 3907. 4. Agreement for aerial to underground conversion with SBC for Rancho Santa Fe Road North, Phase 2, Project No. 3907. DEPARTMENT CONTACT: David Hauser, (760) 602-2739, d hausaci .carisbad .ca. us 3 LOCAT IO N PROJECT NAME PROJECT NUMBER UNDERGROUNDING OF EXISTING OVERHEAD UTILITY LINES FOR RANCHO SANTA FE ROAD NORTH, PHASE 2 3907 MAP EXHIBIT 7 1 ..' :.. NOT TO SCALE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2005-181 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROPRIATING FUNDS AND APPROVING AGREEMENTS FOR UNDERGROUNDING OF EXISTING OVERHEAD FACILITIES WITH SDG&E AND SBC FOR RANCHO SANTA FE ROAD NORTH, PHASE 2, PROJECT NO. 3907. WHEREAS, the City Council of the City of Carlsbad, California, consider it necessary and in the public interest to approve the agreements for undergrounding of existing overhead facilities with SDG&E and SBC for Rancho Santa Fe Road North, Phase 2, Project No. 3907; and WHEREAS, the City Engineer has determined that undergrounding the overhead facilities is preferable to moving the facilities and leaving them overhead; and WHEREAS, costs for the undergrounding of these facilities have been worked out between staff and the affected utility companies; and WHEREAS, additional funds in the amount of $222,000 need to be appropriated to pay for this undergrounding. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. 2. That the above recitations are true and correct That funds in the amount of $222,000 are hereby appropriated to Account No. 431 7-000-9060 I 39071-921. 3. That the Agreement for replacement of overhead with underground facilities with SDG&E for Rancho Santa Fe Road North, Phase 2, Project No. 3907, is hereby approved in the amount of $1 51,948 and the Mayor is authorized and directed to execute said Agreement. 4. That the Agreement for utility payment for installation of electric distribution system with SDG&E for Rancho Santa Fe Road North, Phase 2, Project No. 3907 is hereby approved in the amount of $26,853 and the Mayor is authorized and directed to execute said Agreement. 5. That the Agreement for aerial to underground conversion with SBC for Rancho Santa Fe Road North, Phase 2, Project No. 3907 is hereby approved in the amount of $55,469 and the Mayor is authorized and directed to execute said Agreement. 111 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6. The City Clerk is authorized and directed to forward the originals of the signed Agreements to the Engineering Department for processing with the utility companies. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 7th day of June ,2005 by the following vote, to wit: AYES: Council Members Hall, Kulchin, Packard, Sigafoose NOES: None ABSENT: Council Member Lewis n k. IQ CLAUDE A. LE MATT HALL, Mayor Pro-Tern ATTEST LORRAINE M. WOOD, City Clerk ' 1 (I (SEAL) 6 A &%?mpra Energy utility’ Submitted to Applicant by: Stephen Campbell SDG&E Work Order(s): 2787790 AGREEMENT FOR REPLACEMENT OF OVERHEAD WITH UNDERGROUND FACILITIES THIS AGREEMENT, made and entered into, by and between SAN DIEGO GAS & ELECTRIC COMPANY, a corporation, hereinafter called “Utility”, and ClTY 8F C?A R1 .SAAD , hereafter called “Applicant(s)”. WITNESSETH: WHEREAS, Applicant(s) are the owners, lessees, or others having a legal interest in those certain premises known as Rancho Santa Fe Rd. 20B Conversion - PH2 located at Rancho Santa Fe Rd, between Melrose Dr & La Costa Meadows Dr; and underground facilities, and in consideration of the desirability and value which said underground facilities will add and contribute to the above premises; 1. Subject to the conditions hereinafter provided, Utility, upon obtaining satisfactory easements for any required rights of way, shall remove its existing overhead electric power facilities serving Applicants and shall replace these facilities with underground facilities, in accordance with its Rule 20.B for Replacement of Overhead with Underground Facilities as filed with the California Public Utilities Commission. 2. All work performed by the Utility and Applicants pursuant to this Agreement shall be in conformity with the General Conditions and the Specifications attached hereto and by this reference made a part hereof. Utility shall furnish underground electric service to the premises shown on Specifications and, upon completion of the work specified herein, Utility shall not furnish overhead electric service to any of such premises. 3. This Agreement shall become effective only upon compliance with all of the following conditions: a) All Applicants shall execute this Agreement and shall perform all of the conditions herein contained. b) All Applicants shall execute a companion agreement with each company, municipality, or agency that is a joint user with Utility of poles, or maintains other poles, within the area from which Utility’s pole will be removed pursuant to Section 1, for providing communication service, traffic signals, police or fire alarm boxes, or street or safety lighting supplied by overhead wiring. Such agreement or agreements will provide for such service to be discontinued or converted and maintained through underground circuits or other appropriate and lawful means, so that all of said poles can be removed from the area within a reasonable time after Utility has removed its poles. c) Applicants will, at their expense and in conformity with the Contract Documents as defined in the General Conditions, furnish and install the material, and facilities and perform the work indicated below by a check mark. The material, facilities and work listed below which are not indicated with a check mark shall be furnished, installed and performed by Utility at Applicants’ expense. WHEREAS, Applicant‘s desire that existing overhead facilities be replaced with NOW, THEREFORE, it is agreed by and between Utility and Applicants as follows: 1 FORM 106-2759L (4/91) IXI Excavation, backfill and compaction IXI Conduits IXI Concrete substructures d) Utility shall notify Applicants, in writing, of final acceptance of the work specified herein. Applicants hereby grant to Utility all facilities installed by Applicants pursuant to this Agreement, said grant to be effective upon receipt of Utility's written final acceptance. e) Each Applicant shall, at his expense, promptly provide any necessary changes to the existing facilities on his property so as to receive underground electric service at the points specified on the Specifications. The Applicants' work shall be in accord with Utility's Rule on Service Connections filed with the California Public Utilities Commission effective as of the date of this Agreement, and in accord with the Contract Documents. Underground electric service will not be supplied until all affected premises are equipped to receive electric service in accordance with said plan and specifications. Receipt is acknowledged from Applicant(s) of $1 51,948, which is an amount equal to the estimated cost of Utility's conversion work computed in accordance with its Filed Rule on Replacement of Overhead with Underground Facilities. Said amount includes any engineering fee or fees that may have been paid to Utility in contemplation of the work provided for in Section 2. In the event any additions, rearrangements, or changes to the electric wiring are required or performed on Applicants' several premises, other than the work pursuant to Section 3.e) above, Applicants shall cause said additions, rearrangements, and changes to be made at their expense. All wires, cables, conductors, conduits, ducts, connectors and appurtenances installed by Utility, or its agents, on the premises of Applicants, or elsewhere, and all facilities granted to Utility by Applicants, shall become and remain the property of Utility notwithstanding any payment made under this Agreement. Such facilities will be maintained and operated by Utility in accordance with its Rules for the Sale of Electric Energy on file with the California Public Utilities Commission. 4. 5. 6. 7. Utility shall be under no obligation to perform and complete the work undertaken by it pursuant to this Agreement until Applicants' obligations incurred pursuant to Paragraphs 3. b) and 3.e) of this Agreement shall have been fulfilled. If the Specifications attached hereto require the installation of new street lighting standards, Utility shall be under no obligation to remove and cease operating its overhead electric facilities nor to furnish underground electric service to any of the premises shown on the Specifications until said street lighting standards have been installed and energized. Utility at its sole election, may undertake to perform the work to be performed by it prior to the occurrence of the conditions specified in section 7. and subsection b) of this Section. The commencement of any such work by Utility under the provisions of this subsection shall not constitute a waiver of any of the requirements imposed upon any Applicants under section 7. or subsection b) of this Section, or under any other provisions of this Agreement. If any Applicants shall, within one year of the date of this Agreement, fail or refuse to comply with any of the conditions hereof or to perform all work required under the contracts executed pursuant to Paragraph 3.b) of this Agreement, Utility shall have the right to make such changes and to impose such further conditions upon the Applicants as may be necessary to protect its rights under any existing agreement for any increase in its costs of installation, and to provide in any other manner for the accomplishment of the purposes of this Agreement consistent with applicable rules, laws, ordinances and its contractual obligations hereunder. Once Applicant has started to perform the work required by the Contract Documents, Applicants agree to exercise reasonable diligence in pursuing such work to completion within one year after the effective date of the Contract Documents. If such work has not been completed within one year after the effective date of the Contract Documents, Utility shall have the right, upon giving written notice to Applicants, to cancel and terminate the Contract Documents. Utility shall return to Applicants, an amount equal to the above cash advance, minus Utility's costs. Utility's costs are defined as the actual cost (including but not limited to labor, materials and overhead) incurred by Utility prior to such cancellation and termination in connection with work done in furtherance of Applicants' project, plus 2 FORM 106-2759L (4/91) 8. 9. IO. 11. 12. the actual cost of removing any of the Utility installed facilities which Utility desires to salvage, minus the salvage value of such facilities. Upon exercise of this right to cancel and terminate, and upon payment to Applicants, all of Utility's obligations under the Contract Documents shall cease. This Agreement shall at all times be subject to such changes or modifications by the California Public Utility Commission as said Commission may, from time to time, direct in the exercise of its jurisdiction. All terms and situations heretofore made and agreed to by the parties in relation to said electric line replacement are set forth in this Agreement and no representation of any agent or employees shall be binding upon Utility except as expressed herein. Appendix A attached hereto is solely for use by Utility and nothing contained therein shall in any way alter or vary any term, condition or stipulation contained in this Agreement. If Applicant is a corporation, partnership, joint venture or a group of individuals, the subscriber hereto represents that he has the authority to bind said corporation, partners, joint venture or individuals as the case may be. Each Applicant signing this Agreement agrees that he shall be jointly and severally liable under the terms of this Agreement with every other applicant signing the Agreement. All of the terms and conditions of this Agreement shall be binding upon and shall insure to the benefit of the parties hereto, their heirs, administrators, executors, personal representatives, trustees, successors and assigns. The Contract Documents shall become effective only upon the date signed by the authorized representative of Utility. IN WITNESS WHEREOF, the parties hereto have individually executed, or have caused this Agreement to be executed for and on behalf of each, by and through their responsible agents, partners, or duly authorized corporate officers, as the case may be. APPLl CANT: C 17-y OF CARLSAAD \ II fl By: Name: MATT HALL (Please Print or Type) Title: Mayor Pro Tern Date: June 8, 2005 Telephone: @b) (a 0 2- 2 7-3 9 Social Security Number or Tax I.D. Number 9 -cG-600478*3 SAN DIEGO GAS & ELECTRIC COMPANY, a corporation By: ' (Authorized Individual-Utility) Date Executed: h 8, Applicant is a corporation: Yes [)A No [ ] 3 FORM 106-2759L (4/91) VIW vu, N v mt- u)m rl Ln m €e* 00 *ut** * 0 00 21 E! maJ vu) u,m N v mb mvooood rlW mm orl vm v m dt- mm m mP ** 4 E I 0 4 0 0 cn v I m m m ul ul 0 rl v h cv 2 I E H I4 8 E i2 d VI 2 u n w 0 e ri 4 h rl h N u 3 v m H 4 v 4 a E H d h w V z! I 1 w 3 z cl a a 4 b 0 ffi 0 I% H crl m m w crl E m 0 u b s; H d 2 h a, m m m w d n E 8 w w p: B E 8 w p: 4 4 N m E H 4 Y Wrn ab OH E 0 E-. -2 HP 4 E H a 2 E, 3 h H Y rl E H v a 0 El 0 VX m w E Y EG 82 WV w u m Ei \ 3 V m El 8 a 0 z 0, V 5 H I4 Y z 0 do 0 E m 0 V H !A a 2 0 0 m H a 2 5 p: \ 0 E rl 0 0 I 0 0 cn b P W P N E; 8 .. a m0 I m J 2 E 0 E 2 B 0 E E 5 w n 2 E u m E m 8 rl m m N VI u) t- W N rl rl m V c Submitted to Applicant By: Stephen Campbell SDG&E Work Order@): 2787790 By: MATT HALL Date: b )s AGREEMENT FOR UTILITY PAYMENT TO APPLICANT FOR INSTALLATION OF ELECTRIC DISTRIBUTION SYSTEM REQUIRED BY UTILITY / t>s This Agreement is made and entered into by and between SAN DIEGO GAS & ELECTRIC COMPANY, a corporation, hereinafter called “Utility”, and CITY OF CARLSBAD, hereinafter called “Applicant”. 1. 2. 3. 4. Project name: Rancho Santa Fe Rd 208 Conversion- Phase 2 In consideration of the mutual promises herein, the parties agree as follows: Applicant shall construct, in accordance with the Utility’s Specifications, a complete conduit system. Said conduit system is to be constructed as delineated in the Specifications except that the location is subject to change as necessitated by conflicts, obstacles, or difficult soil conditions revealed by actual excavation, backfilling, compaction, and pavement replacement necessary to construct said conduit system, including that which is necessitated by any change in location. Utility shall pay as the agreed value of the conduit bank provided by Applicant at Utility’s request the sum of $26,853, within 30 days of the Utility’s final acceptance of work pursuant to the General Conditions. Applicant hereby agrees that title to the conduit bank provided by Applicant for Utility shall vest in Utility upon final inspection and acceptance by Utility. The Contract Documents shall become effective only upon the date signed by the authorized rep resen tative of Utility. IN WITNESS WHEREOF, the Darties hereto have caused this anreement to be executed for and on behalf of each, by their duly authorized agents, partners, or corp&ate officers. APPLICANT: Ciry 4 CA RCSfiAD SAN DIEGO GAS & ELECTRIC COMPANY, a corporation 1 In By: V By: (Signatuie) (Authorized Signature-Utility) Title: Mavor Pro Tern Address: 16 35 FMM-Y 4 VWUC c*sWo CA 92008 Date: June 8, 2005 ORIGINAL AERIAL TO UNDERGROUND CONVERSION AGREEMENT APPLICANT TO CONSTRUCT UNDERGROUND SUPPORTING STRUCTURE (RULE 32(A)(3)) BETWEEN CITY OF CARLSBAD and PACIFIC BELL TELEPHONE COMPANY DBA SBC CALIFORNIA RE: RANCHO SANTA FE RD(MELR0SE TO LACOSTA MEADOWS DRIVE) WI Sr:358321 .Aerial-to-Underground-<'onversion-Agreement_( Rille..? I 4 j(3 )~~i\pplicani_const~ucts_lJSS). Revised 3/23/04 TABLE OF CONTENTS I . DEFINITIONS ................................................................................................................... 1 I1 . RECITALS ......................................................................................................................... 1 I11 . SPECIFIC PROVISIONS ................................................................................................. 2 A . B . C . D E . F . G . H . I . J . K . L . M . N . 0 . P . Q . R . Tariff ........................................................................................................................ 2 Construction ............................................................................................................. 2 Term ......................................................................................................................... 3 - Inspection and Acceptance ....................................................................................... 3 Placement of Facilities ............................................................................................. 4 Payment .................................................................................................................... 4 Cancellation. Modification or Deferment ................................................................ 4 ... Indemnity; Limitation of Liability ........................................................................... 4 Insurance .................................................................................................................. 5 Warranty ................................................................................................................... 6 Title .......................................................................................................................... 7 Liens ......................................................................................................................... 7 Licenses and Easements ........................................................................................... 7 Performance ............................................................................................................. 7 Damage to Facilities ................................................................................................. 7 Tax Liability ............................................................................................................. 8 Force Mai eure .......................................................................................................... 8 Complaince With Laws ............................................................................................ 8 ... IV . GENERAL PROVISIONS ..................................................................................................... 8 A . Assimment .............................................................................................................. 8 B . Binding Effect .......................................................................................................... 8 C . Termination .............................................................................................................. 9 .. WEST:35832 1 .Aenal-t o-Under !:I ound ~Conversion~Agreement~(RuIe~32(A)(3)~Applicant~construc ts-USS) . Re\ ised 3/24/04 D. Entire Agreement. ................................................................................................... .9 E. Independent Contractor. .......................................................................................... .9 F. Jurisdiction. ............................................................................................................. .9 G. Notices. .................................................................................................................... 9 H. Waiver and Amendment. ....................................................................................... 10 I. Attorneys' Fees ....................................................................................................... 10 Exhibit A.. .................................................... Executive Orders and Associated Regulations .. WEST:35832 I Aerial-to-Underground-( unversinn _Agreement-( RuIe-32(A)(3)-Applicanl_constructs~_USS) THIS AGREEMENT (“Agreement”) is between CITY OF CARLSBAD, a CALIFORNIA corporation (“Applicant”), and PACIFIC BELL TELEPHONE COMPANY, a California corporation, dba SBC California (“SBC”), collectively the (“Parties”). I. DEFINITIONS. As used in this Agreement, the following terms apply: A. The term “Tariff’ refers to Schedule Cal. P.U.C. No. A2, Rule 32(A)(3). B. The term “Underground Supporting Structure” (hereinafter “USS”) includes, but is not limited to conduit, manholes, service boxes and related equipment. C. The terms “Trench” and “Trenching” include, but are not limited to, excavating, backfilling, compacting, and as necessary, breaking and replacing pavement, sidewalks, driveways, curbs and gutters; and restoring all other surface features, disturbed by underground construction, including landscaping, plus the cost of performing such work. D. The term “Hazardous Substance” refers to any substance, material or chemical that is or becomes regulated under applicable local, state, or federal law, regulation, or ordinance. E. The term “District” refers to the area idodalong RANCH (METXOSE TO LA COSTA WADOWS DRIVE] where the undergrounding of existing aerial facilities is to take place. k FE ROAD F. The term “Project” means all of the wsrk required to underground existing aerial facilities within the District. G. The term “CPUC” refers to the California Public Utilities Commission. 11. RECITALS. A. Applicant has asked SBC to replace its existing aerial communication facilities within the District with underground communication facilities. B. To facilitate this request, Applicant is willing to construct the USS along the public way and upon utility rights of way to SBC and thereafter transfer ownership of it to SBC. C. SBC is willing to underground its existing aerial communication facilities within the District, subject to the terms and conditions of this Agreement. Page I of IO Revised 3/24/04 WES r 358321 -AeriaI_to_Underground_Conversion_Agreement_(Rule_32(A )(3 ) Applicant _constructs-LfSS) In consideration of the above, the Parties agree as follows: 111. SPECIFIC PROVISIONS. A. Tariff. The Project will be conducted in accordance with the Tariff. B. Construction. 1. Within sixty (60) days of receipt of a copy of this Agreement that has been executed by Applicant and the advance payments required by Section 111 (F), SBC shall provide to Applicant detailed plans and specifications for the Trenching and construction of the USS. 2. Applicant shall be responsible for Trenching (including sand shading, backfilling, and compaction) and the construction and installation of the USS, which shall be in accordance with SBC's plans and specifications. Accordingly, Applicant shall, at Applicant's expense, provide all labor and material necessary to construct the USS, including the conduit material and manholes. Conduit material includes: cast steel manhole frames and covers, precast concrete conduit, plastic conduit - type C; fiber cement conduit- type C; steel pipe of equivalent standard heavy-wall duct material acceptable to SBC, and all associated castings, bends, fittings, and unions. APPLICANT SHALL NOT DEVIATE FROM SBC'S TRENCH SPECIFICATIONS WITHOUT SBC'S PRIOR WRITTEN CONSENT. 3. Trenching and construction and installation of the USS shall conform to the construction specifications of the City or County that has jurisdiction over the Project. 4. Within fifteen (1 5) days of completion of the USS, Applicant shall, in SBC's presence, prove the integrity of the installed duct structure by pulling a mandrill through each conduit section between the manholes/splice boxes. 5. Applicant shall provide to SBC final footages of conduit sections on an "as built" drawing prior to SBC's conversion of the aerial communication facilities. 6. Applicant shall obtain all permits necessary for excavation from the public agencdies) that have jurisdiction over the Project. Page 2 of IO Revised 3/24/04 W EST:35832 1 .-Aerial-to-Underground-Conversion_Agreement-( Ra I ie-32(A)(3)-Applicant-constructs-USS) 7. Applicant shall require all affected property owners served by the aerial facilities to be replaced within the District to provide and maintain the USS on their property. If, during the installation or construction of communications facilities, SBC employees, subcontractors, or agents encounter Hazardous Substance(s) that may be disturbed by SBC's activities: 8. a. SBC shall give prompt verbal and written notice of the discovery of the Hazardous Substance(s) to Applicant; b. SBC shall suspend performance under this Agreement until (1) containment and removal of the Hazardous Substance(s) have been completed and approved by the appropriate governmental agency(ies) if such approval is required or approved by SBC, if governmental agency(ies) approval is not required; or (2) Applicant reasonably demonstrates that the Hazardous Substance will not be disturbed by SBC's activities; c. SBC's performance of its obligations under this Agreement is extended for the amount of time that it takes to complete containmenthemoval of the Hazardous Substance(s); and, d. If Applicant elects not to remove/contain the Hazardous Substance(s), SBC may terminate this Agreement without further liability by giving advance notice to Applicant no later than ten (10) days after the date the Applicant notifies SBC of its decision not to remove/contain the Hazardous Substance(s). If SBC terminates this Agreement in accordance with this paragraph, Applicant shall reimburse SBC for the costs SBC incurred prior to the effective date of termination. C. Term. This Agreement is effective upon execution and shall continue in effect until terminated or canceled as provided by law or this Agreement. D. Inspection and Acceptance. 1. An SBC Inspector will be provided at the job site at Applicant's cost during the construction phase of the Project to ensure that all Trenching activities and placement of conduit and manholes/splice boxes are in accordance with SBC's plans and specification. Applicant shall notify Pase3 of 11) Revised 3/24. I 4 WEST.35832 1 .-Aerial-to_Underground_Conversion ', Ireement-( Rule-32(A)(3)-Appl1cant-constructs-USS) SBC’s Construction Coordinator on 760-489-3063 forty-eight (48) hours in advance of the start of construction to coordinate the inspection activities. 2. SBC shall have the right to inspect and accept the USS prior to placing any communication facilities therein. When SBC accepts the USS, it shall prepare, execute, and provide to Applicant a Certificate of Acceptance. E. Placement of Facilities. SBC will place all cables, wires and associated equipment for the conversion of aerial communication facilities to underground after the completion and acceptance of the USS. SBC and any other USS occupant shall jointly determine the dates and sequence of construction of each of their respective facilities in the USS. Pursuant to the notice requirements in Section N(G) Applicant shall provide fifteen (1 5) working days advance notice to SBC prior to the start of Trenching to ensure SBC has adequate time to order materials and coordinate the placement of its facilities. F. Payment. Within thirty (30) days of execution of this Agreement by Applicant, estimated net salvage value of the replaced aerial communication facilities. If applicable, Applicant shall also pay to SBC a tax component of $g& for Federal and State Income Tax in accordance with CPUC decision 87-09-026. These amounts are valid for only sixty (60) days and are therefore subject to change after JULY 01,2005, (i) if Applicant has not signed this Agreement by that date; and (ii) if Applicant has not completed construction within 120 days of that date. G. Cancellation, Modification or Deferment. If Applicant cancels, modifies or defers its request for line extension and/or service connection facilities within the District, Applicant shall pay any and all charges incurred by SBC, in accordance with the Tariff. H. Indemnity; Limitation of Liability. 1. Applicant shall indemnify, defend at SBC’s request, and hold harmless SBC and its officers, agents and employees, as well as its associated and affiliated companies and their respective officers, agents, and employees (“Indemnitees”), from and against any and all losses, damages, expenses, costs, penalties, fines, fees (including reasonable attorney’s and Page 4 of IO licvised 3124104 consultant's fees), or liabilities (collectively ''Liabilities"), incurred as a result of any injury to or death of any person(s), or damage to any property(ies) arising out of or in connection with the materials used or the work performed by Applicant under this Agreement or the condition of the Project's property, including environmental contamination, except where such Liabilities are caused by the sole negligence or willful misconduct of Indemni tees. 2. SBC shall notify Applicant within a reasonable time of any written claims or demand against SBC for which Applicant is responsible under this section. Applicant shall also (a) keep SBC fully informed as to the progress of such defense, and (b) give SBC, at its own expense, an opportunity to participate with Applicant in the defense or settlement of such claims, demand, lawsuits or other legal proceedings. 3. These indemnities shall survive the termination or cancellation of this Agreement or any provision to the contrary herein. 4. IN NO EVENT WILL SBC BE LIABLE TO APPLICANT FOR INCIDENTAL, SPECIAL, INDTRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES, WHETHER BY TORT OR CONTRACT, INCLUDING LOST REVENUES, LOSS OF PROFITS OR OTHER COMMERCIAL OR ECONOMIC LOSS ARISING OUT OF THE PERFORMANCE OF THIS CONTRACT, INCLUDING, WITHOUT LIMITATION, NEGLIGENT PERFORMANCE OR FAILURE TO PERFORM, OR A DEFECT OR FAILURE TO PERFORM OR DEFECT OF CABLE OR WIRING, REGARDLESS OF THE FORESEEABILITY THEREOF. I. Insurance. With respect to performance hereunder, and in addition to Applicant's obligation to indemnify, Applicant shall maintain, at all times during the term of this Agreement, the following minimum insurance coverages and I'imits and any additional insurance andlor bonds required by law: 1. Worker's Compensation insurance covering Applicant's full liability under the worker's compensation laws of California and Employers Liability insurance with minimum limits of $100,000 for Bodily Injury- each accident, $500,000 for Bodily Injury by disease-policy limits and $100,000 for Bodily Injury by disease-each employee. 2 Commercial General Liability insurance with minimum limits of: $2,000,000 general aggregate limit; $1,000,000 each occurrence sub-limit for all bodily injury or property damage incurred in any one occurrence; Page 5 of 10 Revised 3/24/04 $1,000,000 each occurrence sub-limit for Personal Injury and Advertising; $2,000,000 Products/Completed Operations aggregate limit, with a $1,000,000 each occurrence sub-limit for ProductsKompleted Operations. SBC will be named as an additional insured on the Commercial General Liability policy. 3. If use of a motor vehicle is required, Automobile Liability insurance with minimum limits of $1,000,000 combined single limits per occurrence for bodily injury and property damage, which coverage shall extend to all owned, hired and non-owned vehicles. 4. SBC requires that companies affording insurance coverage have a rating of B+ or better and a Financial Size Category rating of VU or better, as rated in the A.M. Best Key Rating Guide for Property and Casualty Insurance Companies. 5. A certificate of insurance stating the types of insurance and policy limits provided the Applicant must be received prior to commencement of any work. The cancellation clause on the certificate of insurance will be amended to read as follows: “THE ISSUING COMPANY WILL MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER PRIOR TO CANCELLATION OR A MATERIAL CHANGE TO POLICY DESCRIBED AE~OVE.~~ 6. Applicant shall also require all contractors and subcontractors performing work on the Project or who may enter upon the work site to maintain the same insurance requirements listed above. J. Warranty. 1. Applicant warrants for a period of two (2) years following SBC’s acceptance of the USS that all work and materials furnished under this Agreement: a. conform in all respects to the requirements of this Agreement; b. are adequate for the purposes for which they are intended; and Page 6 of 10 Revised 3/24/04 WEST.3583 I I 2erial-to-Underground_( onvei sion-Agreement_(Rule_32(A)(3 ). Applicant _CI bn\iructs-llSS) 2. 3. 4. K. Title. c. are free from any defects in design, materials, workmanship and title including, but not limited to, defects that will cause caving or sinking of the Trench, the USS, paving, or other materials. Applicant warrants that all work it performs shall be performed by qualified personnel promptly and with diligence to SBC’s reasonable satisfaction, and that all work and materials shall be subject to all statutory and express or implied warranties. Except as disclosed to and acknowledged by SBC in writing, Applicant is not aware of the presence of any Hazardous Substance at the locations in the District where SBC will be installing its underground facilities. These warranties shall survive inspection, acceptance, termination and payment. Upon the inspection and acceptance in writing of the USS by SBC, title to the USS placed for SBC shall vest in SBC, provided that such is free of all liens and encumbrances. L. Liens. Applicant, its agents and contractors shall keep the USS free from any statutory or common law lien arising out of any work performed, materials furnished or obligations incurred by Applicant, its agents or contractors. In the event a lien is recorded against the USS and it is not removed from the record within ten (10) days after notice is given by SBC to Applicant to do so, SBC shall have the right to pay and discharge the lien without regard to whether the lien shall be lawful, valid or correct. Applicant shall, within thirty (30) days after written notice from SBC, reimburse SBC for any such claim paid by it. M. Licenses and Easements. Prior to construction of the Project, Applicant shall hrnish SBC with any and all licenses and grants of easements that are necessary for the construction, installation, and maintenance of SBC’s underground facilities. N. Performance. If Applicant should default in the performance of any work that it is obligated to perform under this Agreement within the time allowed for such work, SBC may elect, by written notice to Applicant, to perform the work at Applicant’s sole risk and expense and Applicant shall pay to SBC upon demand SBC’s actual costs for performing the work. Page 7 of 10 Revised 3/24/04 U FST 35832 1 .-Aerial_to_Underground_Conversion_Agree~nt-(Rule_32(A I( \oplicant_constructs_USS) 0. Damage to Facilities. Applicant, its employees, agents and contractors shall exercise special precaution and care to avoid causing damage to SBC’s facilities in performing work under the Project. Applicant shall assume responsibility for any and all losses, costs or expenses arising out of, caused by, or in any way connected with such damages, including consequential damages. Applicant shall immediately report the occurrence of any such damage to SBC. Applicant shall, on demand, reimburse SBC for the entire expense incurred in replacing or repairing the damage. P. Tax Liability. Applicant shall pay and hold SBC harmless from and against, all penalties, interest, taxes or other charges that are levied or assessed against Applicant. Q. . Force Majeure. SBC shall not be held liable to Applicant for any delay in performance under this Agreement from any cause beyond its control and without its fault or negligence, such as acts of God, acts of civil or military authority, government regulations, the presence of archeological or historical artifacts, or Hazardous Substances on, in, or near the Project, embargoes, epidemics, war, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, floods, strikes, power blackouts, volcanic action, other major environmental disturbances, unusually severe weather conditions, inability to secure products or services of other persons or transportation facilities, or acts or omissions of carriers. If any of the foregoing events occur, SBC agrees, if requested by Applicant, to accelerate its efforts hereunder if reasonably feasible in order to regain lost time, so long as Applicant agrees to reimburse SBC for the incremental actual costs of such efforts. R. Compliance with Laws. Applicant shall comply with all applicable federal, state, county, and local statutes, laws, ordinances, regulations, and codes, including the Executive Orders and regulations that are attached to this Agreement as Exhibit A. As used in Exhibit A, “Contractor” means Applicant. IV. GENERAL PROVISIONS. A. Assiment. Applicant shall not wholly or partially assign this Agreement without the prior written consent of SBC. B. Binding Effect. Page 8 of 10 Revised 3/24/04 WEST.35832 1 -Aerial-to-Underground-Conversion-Agreement-( Rule 32(A)( 3)_App~icant_construct~_USS) This Agreement shall be for the benefit of and is binding upon the respective successors and assigns of the parties. C. Termination. This Agreement automatically terminates upon completion and acceptance by SBC of the USS. In the event of any material default or breach of this Agreement by Applicant, in addition to all other rights and remedies that SBC may have at law or in equity, SBC may terminate this Agreement by giving thirty (30) days prior written notice of termination. The notice shall specifL the cause of termination and shall give Applicant a reasonable opportunity to cure and correct any such cause. In the event this Agreement is terminated or suspended as provided herein, SBC shall not be liable to Applicant or any other person or entity for any losses, damages or claims which may arise as a result of termination. Applicant shall pay to SBC all costs and expenses incurred by SBC prior to termination of this Agreement. Any termination of this Agreement in whole or in part shall not release Applicant from any liability or obligation under this Agreement, whether of indemnity or otherwise, which may have accrued or which may be accruing or which arises out of any claim that may have accrued or may be accruing at the time of termination. D. Entire Agreement. This Agreement and the attached Exhibit, which is incorporated herein, constitute the entire Agreement between the parties with respect to the subject matter. All prior agreements, representations, statements, negotiations and understandings are superseded. E. Independent Contractor. Applicant, its agents, employees and contractors shall perform all work under this Agreement as independent contractors and not as affiliates, partners, joint ventures, agents, employees, servants or assigns of SBC. F. Jurisdiction. This Agreement shall be governed by the laws of the State of California and is subject to the applicable rules, regulations and tariffs on file with the CPUC and is also subject to changes or modifications as the CPUC may order. Page 9 of 10 Revised 3/24/04 G. Notices. PACIFIC BELL TELEPHONE COMPANY 1 All notices and other communications hereunder shall be in writing, addressed as follows, and deemed given when delivered in person, delivered to an agent such as an overnight or similar delivery service, or three days after deposited in the United States mail, postage prepaid. APPLICANT SBC California 4220 CA 92104 H. Waiver and Amendment. The provisions of this Agreement shall not be waived, altered, or amended by any representations or promises of any party unless consented to in writing by both parties. I. Attorney's Fees. If any action is brought to adjudicate the rights granted in this Agreement or to enforce any of the terms of this Agreement, the prevailing party shall be entitled to an award of reasonable attorney's fees in an amount to be determined by a court or a tribunal of competent jurisdiction. The duly authorized representatives of Applicant and SBC have executed this Agreement by affixing their signatures on the dates indicated below. Page 10 of 10 Revised 3/24/04 WEST:35832 I .-Aerial_ to-llnderground ( 'onvzrsion_Agreement_(RuIc 32(A)(3)-Applicant-constructs-l~SS) Exhibit A Executive Orders and Associated Regulations SBC Califonhia and SBC Nevada, as conmn carriers of telecornmunicahons services, engage in work as contractors for various departnlents and agencies of the United States Government. Also, certain facilities nuy be constructed pursuant to federally assisted construction propnls. Because 01' the roregoing, work under this contract nuy be subject to the provisions ofcertain Executive Orders, federal laws and associated regulations. To the extent that such Executive Orders, federal laws and associated regulations apply to the work under this contract, and only lo that extent, Contractor ames to comply with the provisions of all such Executive Orders, federal laws and associated regulations as no in force or as may be amended in the future, including, but not limited to the followng: I. EQUAL EMPLOYMENT OPPORTUNITY PROVISIONS. In accordance with Executive Order 11246, dated September 24, 1965, and 41 C.F R. 5 60-1.4. the parties incorporate herein by this reference the regulations and contract clauses required by those provisions to be made a part of nonexempt contracts and subcontracts. 2. CERTIFICATION OF NONSEGREGATED FACILITIES. In accordance with Executive Order I 1246, dated September 24, 1965. and 41 C.F.R. 9 60-1.8, Contractor certifies that it does not and will not maintain or provide for its employees any facilities segregated 011 the basis of race, color, religion, sex, or national origin at any of its establishments, and that it does not and will not permit its employees to perform their services at any location under its control. where such segregated facilities are maintained. The term "facilities" as used herein means waiting rooms, work areas, restaurants and other eating areas, time clocks, restrooms, wash rooms, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainnlent areas, transportation, and housing facilities provided for employees, provided that separate or single-user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. Contractor will obtain similar certifications from proposed subcontractors prior to the award of any nonexempt subcontract. 3. CERTIFICATION OF AFFIRMATIVE ACTION PROGRAM. Contractor certified that it has developed and is maintaining an Afimtive Action Plan as required by 41 C.F.R. 5 60-1.40. 4. CERTIFICATION OF FILING. Contractor certifies that it will file annually, on or before the 3Id ofMarch, complete and accurate reports on Standard Form I00 (EO-I) or such forms as may be promulgated in'its place as required by 41 C.F.R. 9 60-1.7. 5. AFFIRMATIVE ACTION FOR DISABLED VETERANS AND VETERANS OF THE VIETNAM ERA. In accordance with Executive Order 11 701, dated January 24, 1973, and 41 C.F.R. 60-250.20, the parties incorporate herein by tliis reference the regulations and contract clauses required by those provisions to be made a part of Government contracts and subcontracts. 6. AFFIRMATIVE ACTION FOR HANDICAPPED PERSONS. In accordance with Executive Order I 1758, dated January 15,1974, and 41 C.F.R. J 60-741.20, the parties incorporate herein by this reference the regulations and contract clauses required by those provisions to be nude a part of Government contracts and subcontracts. 7. UTILIZATION OF SMALL BUSINESS CONCERNS AND SMALL DISADVANTAGED BUSINESS CONCERNS. 48 C.F.R., Ch. I, 5 19.740(4) and 19.708(a) require that the following clause is included Utilizaation of Small Business concerns and Small Disadvantaged Business Concerns (June, 1985) (a) It is the policy of the United States that small business concerns and small business concerns owned and controlled by socially and economically disadvantaged individuals shall have the maximum practicable opportunity to participate in performing contracts let by and Federal agency, including contracts and subcontracts for subsystems. assemblies, components, and related services for major systems. It is further the policy of the United States that its prime contractors establish procedures to ensure the timely payment of amounts due pursuant to the tern of their subcontracts with small business concerns and small business concerns owned and controlled by socially and economically disadvantaged individuals. (b) The Contractor hereby agrees to carry out this policy in the awarding of subcontracts to the fullest extent consistent aith eflicient contract performance. The Contractor further agrees to cooperate in any studies or surveys as may be conducted by the United States Small Business Administration or the awarding agency of the United States as may be necessary to determine the extent of the Contractor's conpliance with this clause. (c) As used in this contract. the term "small business concern" shall mean a small business as defined pursuant to section 3 of the Small Business Act and relevant regulations promulgated pursuant thereto. The term "small business concern owned and controlled by socially and economically disadvantaged individuals" shall mean a small business concern: businesses, at least 51 percent of the stock of which is owned by one or more socially and economically disadvantaged individuals. and The Contractor shall presume that socially and economically disadvantaged individuals include Black Americans, Hispanic Amencans. Native Americans, Asian-SBC Americans, Asian-Indian Americans and other minorities, or any other individual found to be disadvantaged by the Administration pursuant to section B(a) of the Small Business Act. snull business concern owned and controlled by socially and economically disadvantaged individuals. (1) Which is at least 5 1 percent owned by one or more socially and economically disadvantaged individuals; or, in the case of any publicly owned (2) Whose management and daily business operations are controlled by one or more of such individuals. (d) Contractors acting in good faith may rely on Written representations by their subcontractors regarding their statu as either a small business concern or a Small Business and Small Disadvonfaged Business Subcontracting Plan. Contractor. unless it is a small business concern, as defined in section 3 of the Small Business Act, agrees to adopt and comply u 1111 a small business and small disadvantaged business subcontracting plan, which shall be included in and made a part of this contract. The parties incorporate lherein by this reference the regulations and contract clauses required by 48 C.F.R.. Ch. I. 99 19.704(4) and 19.708(%) to be made a part of Government contracts and subcontracts. 8. WOMEN-OWNED SMALL BLISINESSES. As prescribed in 48 C.F.R., Ch. I, 5 19.902, the following clause is included m solicitations and contracts when the contract aiiximf IS expected to be over the small purchase threshold, unless (a) the contract is to be perfornwd entirely outside the United States, its possessions, Puerto Rico. and !lie Trust Territory of the Pacific Islands, or (b) a personal services contract is contenplate: who also control and operate the business. (a) "Wonun-owned small businesses," as used in this clause, nwans businesses that are at least 51 percent owned by wontell who are United States citizens and "Control," as used in this clause. means exercising the power to make policy decisions. "Operate," as used in this clause. means being actively involved in the day-to-day management of the business. (b) Policy. It is the policy of the Government lo award contrxts to concerns that agree to perform substantially in lahor wqks areas (LSA's) when this can be donc consistent with the efficient performance of the contract and at prices 110 higher than are obtaioable elsewhere. The Contractor agrees to use its best efforts to place subcoiitracts in accordance with this policy. Concerns and Snlall Disadvantaged Business Concems. the Contractor shall obsene the following order ofpreference in awarding subcontracts: (I) small business concerns that are LSA concerns, (2) other small business concerns. and (3) other LSA concerns. 654. Subpart A. as ai1 area of concentrated unenploynlent or underentploynwnt or an area of labor surplus. areas. Perfomlance is substantially in labor surplus area if the costs incurred under the contract on account of manufacturing. production. or performance of appropriate services in labor surplus areas exceed 50 percent of the contract price. (c) Order of Preference. In complying with paragraph (b) above and with paragraph (c) of the clause of this contract entitled Utilization of Small Business (d) Definitions. "Labor surplus area." as used in this clause. means J geographical area identified by the Department of Labor iii accordance with 20 C.F.R. 5 "Labor surplus area concern," as used in this clause, means a conceni that together with its first-tier subcontractors will perforni substantially in labor surplus Lnbor Surplus Area Subcontract Program. (a) See the Utilization of Labor Surplus Area Concerns clause of this contract for applicable definitions. (b) The Contractor agrees to establish and conduct a program to encourage labor surplus area (LSA) concerns to compete for subcontracts within their capabilities at prices no higher than obtainable elsewhere. The contractor shall -- (I) Designate a liaison officer who will (i) maintain liaison with authorized representatives of the Government on LSA matters. (ii) supenise compliance with the Utilization of Labor Surplus Area Concerns clause, and (iii) administer the Contractor's labor surplus area subcontracting program; (2) Provide adequate and timely consideration of the potentialities of LSA concerns in all nlake-or-buy decisions; (3) Ensure that LSA concerns have an equitable opporlunity to compete for subcontracts, particularly by arranging solicitations, time for the prepamtion of (4) include the Utilization of Labor Surplus Area Concerns clause in subcontracts that offer substantial LSA subcontracting opportunities; and (5) Maintain records showing (i) the procedures adopted and (ii) the Contractor's performance, to comply with this clause. The records will be kept available for review by the Government until the expiration of 1 year aRer the award of this contract, or for such longer period as may be required by any other clause of this contract or by applicable law or regulations. (c) Concerns clause, terms that conform substantially to the language of this clause, including this paragraph (c), and to notify the Contracting Officer of the names of subcontractors. offers. quantities, specifications. and delivery schedules so as to facilitate the participation of LSA concerns; The Contractor further agrees to insert in any related subcontract that may exceed $500.000 and that contains the Utilization of Labor Surplus Area WEST 35x32 I Aerial-to-IJnderground _Conversion_Agreernent_( Rule_32(A )(3)- \pplicant_ constructs.. IJSS). San Diego Gas & Electric 8315 Century Park Court San Diego, CA 92123 A gsernpra Energy utility= FILE NO. PIA 580 PROJ# 2787790 July 1 I, 2005 City of Carlsbad Carrie Loya-Smalley 1635 Faraday Avenue Carlsbad, CA 92008 Dear Ms. Loya-Smalley: Subject: Rancho Santa Fe Rd 20B Conversion-Customer Trench, Conduit and Substructures This is to advise you the agreements providing for the installation of utility facilities at your project have been executed by an authorized representative of San Diego Gas & Electric. The effective date of the agreements is 6-08-05. The agreements provide that work must be completed within one year of the effective date. Since the one-year period specified in the agreements will elapse on 6-08-06, it is important you be aware of the timeframe within which the work must be started and completed. If you have any questions concerning this, please contact Steve Campbell at (858)636-3988 in our Project Management office. Our hours are 7:OO AM - 4:OO PM, Monday through Friday. Since rely, Marguerite Casey Utility Accounting Clerk Enclosures cc: Contracts Section