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HomeMy WebLinkAbout1983-04-19; City Council; Resolution 7202a 1 2 3 4 5 6 7 8 9 3.0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 7202 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND THE PRINCIPAL PARTIES OF THE UNDERGROUND SERVICE ALERT OF SOUTHERN CALIFORNIA The City Council of the City of Carlsbad, California, does hereby resolve as follows: 1. That certain agreement between the City of Carlsbad and the Principal Parties of the Underground Service Alert of Southern California, a copy of which is attached hereto and incorporated herein by reference, is hereby approved. 2. The Mayor of the City of Carlsbad is hereby authorized and directed to execute said agreement for and on behalf of the City of Carlsbad. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held the 19th day of April , 1983, by the following vote, to wit: AYES: Council Menbers Casler, Lewis, Kulchin, Chick and Prescott NOES: None ABSENT: None ATTEST : (SEAL) + EXHIBIT 2 ASSOCIATE PARTY AGREEMENT THIS AGREEMENT made as of the day of , 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. 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 Associate Party arising under the provisions of Article 4 of the Principal Party Agreement. 4. For the protection of the Principal Parties, Associate Party shall secure and maintain in force during the term of this Associate Party Agreement, comprehensive liability insurance, including contractual liability insurance, with minimum limits of $500,000 each occurrence for injury or death of any person or persons resulting from the same 4 occurrence, and property damage coverage in the amount of $500,000 each occurrence. Such insurance shall be in such form and with such companies as may be acceptable to the Principal Sarties. 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- 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 I 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 cons?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 the Associate Party member agrees to pay either $ 25.00 minimum monthly membership feep whichever is the greater, in per month or the 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- 7 Associate Party member UPOR 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 the'ir individual names. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers as of the day and year above first written. PRINCIPAL PARTIES THE PACIFIC TELEPHONE AND TELEGRAPH COMPmY GENERAL TELEPHONE COMPANY OF CALIFORNIA SOUTHERN CALIFORNIA EDISON COMPANY BY U Title Mayor SOUTHERN CALIFORNIA GAS COMPANY SAN DIEGO GAS AND ELECTRIC COMPANY BY . Title: Chairman, Board of Governors Underground Service Alert Authorized representative for the Principal Parties AGREEMENT - ONE CALL CENTER THIS AGREEMENT, made and entered into this 1st day of July , 1976, by and among SOUTHERN CALIFORNIA GAS COMPANY, a California corporation; THE PACIFIC TELEPHONE AND TELEGRAPH COM- PANY, a California corporation; and GENERAL TELEPHONE COMPANY OF CALIFORNIA, a California corporation; and Hood Corporation (here- inafter referred to as "Contractor") - WITNESSETH: WHEREAS, Southern California Gas Company, The Pacific Telephone and Telegraph Company and General Telephone Company of California (hereinafter referred to as "Principal Parties") are public utilities doing business in the State of California, and WHEREAS, it is the purpose of the Principal Parties to enter into an Agreement with Contractor, whereby those persons, firms, corpdrations and other entities intending to excavate, drill, blast or o'therwise disturb the subsurface of the earth (hereinafter referred to as "proposed work") within Orange County initially, and in additional areas of the State of California as may be added pursuant to this Agreement, may notify the Principal Parties of their intention to do so by calling a single telephone number as hereinafter provided, thus encouraging such entities to notify the Principal Parties in advance of the proposed work and permitting the Principal Parties to take whatever action they may deem appropriate, and WHEREAS, it is anticipated that other parties engaged in the rendering of services to the public, and also having sub- surface facilities in and/or outside of the County of Orange, (such parties being hereinafter referred to as “Associate Parties”) may desire to participate in said Agreement by entering into separate agreements with the Principal Parties, such separate agreements to be consistent with the terms and conditions of this Agreement, and WHEREAS, Contractor and the Principal Parties desire to set forth herein the procedures to be followed in accomplishing their stated purpose under this Agreement, their respective respon- sibilities in connection therewith, and the terms and conditions . under which Associate Parties may participate in this Agreement; NOW THEREFORE, in consideration of the mutual cove- nants and agreements hereinafter set forth, Contractor and the Principal Parties agree as follows: ARTICLE 1 --Establishment and Operation of One Call Center 1.01 Commencing on or about sixty days after the date of this Agreement, there shall be established at a location to be designated by Contractor and approved by th.e Principal Parties -2- a "One call center", at which Contractor will cause to be placed in use such telephone, telepnone 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 I the Principal Parties in consultation with the Contractor and may thereafter be changed by the Board of Governors (as defined in S2.02 and in the Operating Procedures) unless a provision of the Operating Procedures specifies otherwise. If there is any conflict between this Agreement and the Operatinu Procedures, this Agree- ment shall control: but the Operating Procedures shall govern in the absence of a conflict with this Agreement. 1.03 The area initially designated €or application of this Agreement is Orange County. The Board of Governors may, according to the Operating Procedures, change the designated area. If'a caller informs Contractor of his intent to commence the proposed work in an area not covered by this Agreement, the caller will be requested by Contractor to contact each affected party in the area of the proposed work, advised that it is his responsibility to ascertain the identity of each party who may be affected by caller's proposed work in The caller shall be areas not covered by this Agreement. -3- 1.04 Each Principal Party and each participating Associate Party shall maintain equipment to receive messages dispatched by Contractor from the one call center as stated in the Operating Procedures. 1.05 Each Principal Party and each participating Associate Party shall be individually responsible for takin9 such action, if any, as it may deem necessary to protect its respective underground facilities and to prevent interruption of its respective utility service to the public. 1.06 The recordings made pursuant to the Operating Procedures shall be preserved by Contractor for a period of at least six (6) years. A transcript or copy, as may be desianated, of such recording or teletype message shall be made available by Contractor to and at the expense of any Principal Party or parti- cipating Associate Party requesting t!?.e same. ARTICLE 2 -- Governance and Payment 2.01 The Contractor shall present to the Principal Parties a detailed description of the communication services and equipment the Contractor deems necessary to operate the one call center in accordance with this Agreement. The Principal Parties may either approve the Contractor's proposed service arrangement or may alter or modify the service arrangement proposed, and the -4- Contractor shall thereafter establish at the one call center the service arrangement as finally approved by the Principal Parties. 2.02 Each Principal Party and each participating Associate Party shall be a member of an association known as the "Underqround Service Alert." Said association shall be governed by a Board of Governors to be elected annually at a meeting of all member parties. The Board of Governors shall annually elect a chairman who shall function as a day to day liaison between said association and the Contractor. The association shall maintain a bank checking ' account in the name of "Underqround Service Alert." The Chairman of the Board of Governors, and such other official of the associ- ation as the member parties may designate, shall be authorized to draw checks on said account. Each Principal Party nember shall pay to the Under- ground Service Alert association a one-time fee equivalent to one dollar per mile of main facilities as described in Exhibit No. 1 upon signing this Agreement. Exhibit No. 1 is hereby incorporated by reference. Said monies shall be deposited in the bank checking account described above and shall be utilized to establish an operating account. ckarues as established in Exhibit No. 1, Rate Schedule. Upon Said fee shall be in addition to the monthly -5- termination of this Agreement by any one Principal Party member or all the Principal Party members, the terminating Principal Party member or members shall be entitled to receive a prorata share of any unencumbered funds remaining in said account in proportion to the amount first paid except that no member shall be entitled to receive an amount in excess of the amount first pa id. Contractor shall bill each Principal Party member and each Associate Party member monthly in an amount established by the Rate Schedule in Exhibit No. 1. shall then promptly forward to Contractor its check made payable to "Underground Service Alert" and i-n the amount of its monthly bill. Each member party Each month, the Chairman of the Board of Governors or other authorized official shall draw one check on said associ- ation bank account made payable to Contractor in an amount equal to the total monies due Contractor for that month from all member parties - , Contractor's monthly cost to operate the one call center to be recovered by its charges shall not exceed a maximum amount to be established from time to time by the Board of Governors. Contractor's charge shall include 10% of all expenses incurred as -6- the Contractor’s profit. 2.03 The Rate Schedule agreed upon in Exhibit No. 1 shall be reviewed on a yearly basis or more often as aqreed by the Board of Governors. At that time, if it appears based upon the history of the reasonable cost of operation of the one call center that the rates should either be raised or loweFed, said monthly rate shall be modified as stated in the Operating Procedures and the new rate hilled by the Contractor. 2.04 Each Principal Party and each Associate Party shall submit to Contractor, on or before March 1 of each year, a statement as to the miles of underground facilities, as described in Exhibit No. 1, operated by each as of December 31 of the previous year and within the area served by the one call center. 2.05 Each Principal Party member and each Associate Party member shall submit to the Contractor a listing of those areas wherein each party desires to be notified of excavating or other activity. Said listing shall he in suitable form as stated in the Operating Procedures. Additionally, it is the responsibil- ity of each Party to notify the Contractor of additional areas into which the member Party has extended or plans to extend its underqround facilities. to notify any party of proposed work in such extended area unless Contractor shall not be liable for failure -7 - and until Contractor bas received written notification of any such. extension of member's facilities into areas where the member previ- ously h.ad 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 Principal Parties become and remain participating Associate Parties to this Agreement by (1) executing an "Associate Party Agreement" in form and substance as attached to this Contract as Exhibit No. 2, (2) accepting and agreeing to be bound by the terms and conditions of this Agreement, and (3) paying the fees provided by the Associate Party Agreement as they become due. shall terminate upon the termination of this Agreement, and may be terminated by a participating Associate Party in accordance with An Associate Party Agreement 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 Parties and participating Associate Parties, their officers, agents, employees or servants, and hold them harmless from any and all damages, expenses or costs including attorneys' -9- fees, and any and all claims, demands or suits on account of injury or death of any person, damage to real or personal property or any other injury or damage howsoever arising in any manner out 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 a defense and pay any judgement rendered against the Principal or participatinq 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 real or personal property or any other injury or damage howsoever arising out of the participation or mevber- ship by said Principal Parties and Associate Parties of this Agreement. Excluded from this section are ONLY t'?ose injuries to or deaths of persons and damage, destruction or loss, to or of property arising from the SOLE negligence or willful misconduct of any of the Principal Parties or participating Associate Parties, their officers, agents, employees or servants. Contractor shall carry insurance as stated in paragraph 4.02 in the amount of $1,000,000.'00 for each occurrence for injury or death of any person or persons resulting from the same occurrence, and property damage -9- coverage in the amount of $1,000,000.00 for each occurrence, with each Principal Party added as a named insured, A certificate or certificates evidencing such insurance shall be filed by Contractor with the Principal Parties within fifteen (15) days of the date hereof. Such certificate or certificates shall provide evidence that the policies of such insurance have been endorsed so as to provide twenty (20) days notice of th.e cancellation or change thereof to each Principal Party. The premiums for said insurance shall be the financial responsibility of the Principal Parties and participating Associate Parties and upon payment by Contractor shall be included as operating costs of the one call center- 4.02 Contractor shall carry insurance which will cover the One Call Center operations with the following coverages (all forms refer to Insurance Services Office Forms as in effect on January 15, 1956 or their successors which provide substantially identical coverage) : Comprehensive General Liability - Covera2e 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- 0 0. Broad Form Property Damage with Completed Operations - L 9486 Fire Legal Liability - L 9132 Comprehensive Automobile Liability - AL 9582 Owned, non-owned and hired automobiles - indorsed on AL 9582 Host liquor liability as provided in Contractor's insurance policy as in its January 15, 1976 renewal (attached as Exhibit No. 3). If a substantial change is made in the type or amount of insurance available, the Principal Parties in consultation with the Con- tractor shall determine what insurance shall be considered an operating expense to cover the One Call Center, and Contractor shall-obtain at least that amount and coverage of insurance. 4.03 Contractor shall 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 OK wilful rnisconduct by Contractor (or its employees, agents or contractors) in carrying out any provisions of Article 1 of this Agreement. 4.04 Principal Party, or the participating Associate -1 1- Party, whose facilities were involved shall indemnify, hold harmless, provide a defense and pay any judgment rendered against Contractor, its officers, agents, employees or servants and hold them harmless from any and all damages, expenses or costs, including attorneys' fees, and any and all claims, demands or suits on account of injury or death of any person, damage to property or any other injury or damage whatsoever which shall exceed the insurance require- ments of Section 4;01, and which arise out of any action or failure to act, excepting SOLE negligence or willful misconduct by Contractor (or its employees, agents or contractors,) in carryinq out any of the provisions of Article 1 of this Agreement. 4.05 It is further understood and agreed that said Principal Party whose facilities were involved shall also indemnify, hold harmless, provide a defense and pay any judgment rendered against the other Principal Parties and participating Associate Parties, their officers, agents, employees or servants and hold them harmless from any and all damages, expenses or costs, including attorneys' fees, and any and all claims, demands or suit on account of injury or death of any person, damage to property or any other -1 2- injury or damage whatsoever that the Principal Parties and participating Associate Parties micjht incur solely by reason of their participating or being a member in this Agreement. 4.06 It is further understood and agreed that the said participating Associate Party whose facilities were in- volved shall also indemnify, hold harmless, provide a defense and pay any judgment rendered auainst the Principal Parties and 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 Principal Parties might incur solely by reason of their participation or membership in this Agreement . 4.07 It is further understood and agreed that any expense or 'liability arisinq out of or in connection with the stablishment, operation or maintenance of the one call center incurred by any of the Principal Parties and not otherwise provided for herein shall be shared by the Principal Parties in accordance with the Rate Schedule set forth in Exhibit No. 1. 4.08 Notwithstanding any other provision of Article -1 3- ai IV except for those relating to willful misconduct or sole negligence, Contractor shall be liable to provide such defense and indemnification of the Principal or Associate Parties only as becomes actually available under the insurance procured pursuant to this Article in respect to each occurrence giving rise to a claim for loss, cost, damage or expense. However, this paragraph shall not apply if Contractor fails to obtain or maintain in force the insurance required under this Article and if the loss would have been covered had such insurance been in force. ARTICLE 5 -- Construction, Amendment, Termination, Withdrawa 1 and Non-Discr iminat ion 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 party or circumstance shall be held to be invalid or unenforceable, the remainder'of this Agreement, or the application of such provision to parties or circumstances other than those to which it is held invalid or unenforceable, shall not he affected thereby. 5.03 Any waiver at any time by any party hereto of its rights with respect to any other party, or with respect to any -14- 9 0' other matter arising in connection with this Agreement, shall not be considered a waiver with respect to any subsequent default or matter. 5.04 Any amendment to this Agreement, shall be in writing, signed by the Contractor and the Principal Parties; provided, however, that no such amendment shall be binaing upon any participating Associate Party unless accepted in writing by said participating Associate Party. Written notification of any amendment of this Agreement shall be given each participating Associate Party by mailing a copy thereof to such participating Associate Party. Each participating Associate Party desiring to be bound by any such amendment shall, within sixty (60) days after the mailing of such notification, deliver to Contractor and to the Principal Parties its written consent thereto. In the event that any participating Associate Party does not deliver such written consent to Contractor and the Principal Parties within the sixty (60) day period, such participating Associate Party shall be deemed to have terminated its Associate Party Agreement as of the end of such I period. 5.05 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: -15- a3 provided, however, that this Agreement may be terminated at any time after one (1) year by Contractor upon ninety (90) days prior written notice to each Principal Party or by all the Principal Parties at any time after one (1) year, for any reason whatsoever upon ninety (90) days prior written notice to Contractor. Principal Party may terminate its participation in th'is Agreement at any time after one (1) year upon ninety (90) days prior written notice to the other Principal Parties and the Contractor without Any affecting the remainder of this Agreement. Any such written notice shall be addressed to the following, as required: Manager of Distribution Southern California Gas Company P.O. BOX 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.O. BOX 4368 Whittier, California 90607 Copies of such notice shall simultaneously be mailed to each partic- -16- ipating Associate Party. 5.06 Any termination of this Agreement and any termination of participation hereunder, as provided in Section 5.05, and any termination of any Associate Party Agreement, shall not discharge any party to any such Agreement of any obligation it owes to any other party or person by reason of any transaction, loss, cost, damage, expense or liability which shall occur or arise (or the circumstances, events or basis of which shall occur or arise) prior to such termination, whether the same be known or unknown at the time of such termination. 5.07 This Agreement incorporates Executive Orders 11246,'as amended, 11625, 11701 and 11758, to the extent applicable, and the Contractor agrees not to discriminate in employment op- portunities on the basis of race, color, religion, sex or national origin; to take appropriate, affirmative action and to file the required federal reports; and to comply with the laws relating to the employment of veterans and the handicapped. The Contractor further agrees to use his best effort to utilize minority business enterprises to the fullest extent practicable and consistent with the efficient performance of this contract. Such an enterprise means a business 50% owned by minority group members (Negroes, American Spanish-speaking, Orientals, Indians, Eskimos, and Aleuts). -17- e The Contractor may rely on written representations by subcontractors as to their minority status in lieu of an independent investigation. Contractor agrees to execute the appended certificate and to comply with all provisions required by applicable Executive Orders (as may be amended or promulqated from time to time), copies of which are attached as Exhibit 4 and hereby incorporated as part of the terms of this Agreement. This Agreement shall be executed in quadruplicate, each copy of which shall be a duplicate original of this Agreement. HOOD CORPORATION 4CA i -( .<. L&k-- By L SOUTHERN CALIFORNIA GAS COMPANY A Title Vice President GENERAL TELEPHONE COMPANY OF CALIFORNIA -18- AMENDMENT A ADDENDUM TO AGREEMENT - ONE CALL CENTER The undersigned Principal Parties to the Agreement One Call Center, dated July 1, 1976, (hereinafter referred to as the "Principal Party Agreement") and Hood Corporation, Contractor for performance of services pursuant thereto agree that the Principal Party Acrreement shall be amended under Article 3 = Associate Pkrties 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 Agreement wishes to participate in the One Call Center system, the Principal Parties may execute with such public agency an "Asaociate Pasty Agreement-Public Agency' in form and substance as the attached document which is so entitled and is Exhibit 5. Monthly fees to be paid by participating public agencies ahall be as set forth in the Associate Party Agreement-Public Agency and the Rate Schedule attached thereto as Exhibit B. ACCEPTED BYt THE PACIFIC TELEPHONE AND HOOD CORPORATION T B Titla Pnsi den t Date My 1, 1979 B Title Vice President Date July 19, 1978 Date JW 0 ~lg~g CRL I I?O& GENERAL TELEPHONE,COMPW OF Titke Eng. and Const. Director Date July 10, 1379 a7 e The undersiqnctl Principii P.irt ip.c. to thc hqrecment - One Call Center, dated July 1, Iq7f,, (the "T'rincippnl Party Agreement") and Iiood Corporation, Contractor Cor performance of service8 thereto, in consideration of the mutual terms and conditionr contained herein, agree that the Principal Party Agreement shall be amended under Article 3 - Associate Parties to add the following as Section 3.03: 3.03 The Chairman of the nonrd of Governors of Underqround Service Alert - Southern California (thc "Chairman") shall be authorized, upon rcccipt of evidcncc of adequate insurance to meet the require- ments of Section 4 of the Associate Party Agreement, to execute on behalf of the Principal Partiea an "Associate Party Agreement" in form and substance as attached to this Contract as Exhibit No. 2. The Chairman shall not be author- ized to delete, modify or otherwise alter any term or provieion of the Associate Party Agreement. The Chairman ahall send written notice to each principal party within thirty (30) days after the execution of an Associate Party Agreement. ACCEPTED BYt Hod0 CORPORATION SOUTHERN CALIFORNIA GAS COMPANY BY Title Vice Preeident Date March 31, 1980 -- PACIFIC TELEPHONE AND TELEGRAPH COMPANY APR 14 1980 Date GENERA18 TELCPHONE COM ANY C~LI FollLIt~* OF +W?R-KA Titla Actine OP E 6 C Director d 6. This Amendment is macle by and nmonrj Southern California Edison Company, Pacific Telephone and Telegraph Company, General Telephone Company of CaliEornia, Southern California Gas Company and Hood Corporation. WHEREAS, Pacific Telephone and Telegraph Company, General Telephone Company of Ca1ifornj.a and Southern Cal.ifornia Gas Company are the Principal Partics as defined in that certain Agreement - One Call Center, dated July 1, 1976, (respectively, the "Principal Parties" and the "Principal Party ArJreemcnt") and Hood Corporation is the Contractor for the perEormancc of services thereto: and, WHEREAS, Southern Ca1iforn.i.a Edison Company desires to become a Principal Party to the Principal Party Agreement, and the Principal Parties and Hood Corporation are agreeable to the same, ' NOW THEREFORE, incorporating the above recitals and in consideration of the mutual terms, covenants an+ conditions contained herein, the parties hcrcto agree CIS follows: further amended to inclutlc thc SouC.hcrn Ca1.i. fortiia Edison Comlmny ("Edison") as a Principal Party. . . - ... ~. -... . .. . -2- 2. Edison agrees to undertake, perform and comply with q* ~ each and every requirement, term and covenant of the Principal Party Agreement, as amended, to the extent such requirements, terms and covenants are incumbent upon it as a Principal Party. 3. Edison agrees to pay a one-time charge of ONE DOLLAR AND FIFTY CENTS ($1.50) per conduit or pipeline mile of facilities in accordance with Section 2.02 of the Principal Party Agreement as modified by Item 6-E of the minutes of the meeting of November 1, 1979 of Underground Service Alert. The parties hereto agree said charge shall be the sum of FOUR THOUSAND SIX HUNDRED SEVENTY FOUR DOLLARS ($4,674). Said amount is calculated on the basis of 3,116 cable miles, being the number of miles of cable as described in the Principal Party Agreement operated by Edison within the County of Orange as of the effective date of this Amendment. In the event that Edison expands the service area to be included in the Underground Service Alert-One Call Center notification system, Edison shall pay a similar one-time charge at that time based on the number of miles of cable operated in the newly covered area. 4. Any written notice to bc delivered. to Edison shall be addressed as follows: Manager of DisLr il)ut .inti Op?ration:; Southern California Erlison Company ,2244 Wa1nu.t Grove Avenue Rosemcad , Ca 1 i for n icl . P.O. Box ROO - Room 392, G. 0, 9 17 70 -3- 5. This Amendment shall be effective January 1, 1981. IN WITNESS WHEREOF, the parties hereto have executed this Amendment on the day id year written below. - ACCEPTED BY: HOOD CORPORATION SOUTHERN CALIFORNIA EDISON COMPANY SOUTHERN CALIFORNIA GAS COMPANY PACIFIC TELEPHONE AND By: mm m31bEn Title: GENERAL MANAGUJ/ Title: bEC - 8 1980 Dat e : 24, /?Rd Date: I GENEWL TELEPHONE COMPANY OF CALIFORNIA By: AMENDMENT 'I D" TO ONE CALL CENTER PRINCIPAL PARTY AGREEMENT This Amendment is made by and among San Diego Gas and Electric Company, Southern California Edison Company, Pacific Telephone and Telegraph Company, General Telephone Company of California, Southern California Gas Company and Hood Corportion. WHEREAS, Southern California Edison Company, Pacific Telephone and Telegraph Company, General Telephone Company of California and Southern California Gas Company are the Principal Parties as defined in that certain Agreement - One Call Center, dated July 1, 1976, as amended, (respectively, the "Principal Parties" and the "Principal Party Agreement") and Hood Corporation is the Contractor for the performance of services thereto; and, WHEREAS, San Diego Gas and Electric Company desires to become a Principal Party to the Principal Party Agreement, and the Principal Parties and Hood Corporation are agreeable to the same I NOW THEREFORE, incorporating the above recitals and in consideration of the mutual terms, covenants and conditions contained herein, the parties hereto agree as follows: 1. The Principal Party Agreement, as amended, shall be further amended to include the San Diego Gas and Electric Company ("SDG&E") as a Principal Party. -2- 2. SDG&E agrees to undertake, perform and comply with each and every requirement, term and covenant of the Principal Party Agreement to the extent such requirements, terms and covenants are incumbent upon it as a Principal Party. .. 3. SDG&E agrees to pay a one-time charge of ONE DOLLAR AND FIFTY CENTS ($1.50) per conduit or pipeline mile of facilities in accordance with Section 2.02 of the Principal Party Agreement as modified by Item 6-E of the minutes of the meeting of November 1, 1979 of Underground Service Alert. The parties hereto agree said charge shall be the sum of FOURTEEN THOUSAND FIVE HUNDRED EIGHTY SEVEN DOLLARS ($14,587) Said amount is calculated on the basis of 9,725 cable and pipeline miles, being the total number of miles of cable and pipeline as described in the Principal Party Agreement operated by SDG&E as of the effective date of this Amendment. 4. Any written notice to be delivered to SDG&E shall be addressed as follows: MANAGER OF CONSTRUCTION MANAGEMENT SAN DIEGO GAS & ELECTRIC COMPANY 101 Ash Street P. 0. Box 1831 San Diego, California 92112 5. This Amendment shall be effective July 1, 1982. 33 * -3- IN WITNESS WHEREOF, the parties hereto have executed this Amendment on the day and year written below. ACCEPTED BY: HOOD CORPORATION SOUTHERN CALIFORNIA EDISON COMPANY ... SOUTHERN CALIFORNIA GAS COMPANY Date: SAN DIEGO GAS AND ELECTRIC COMPANY By: U iv 1 s ion Manager Title: Customer Service Administration May 21, 1982 Date: PACIFIC TELEPHONE AND TELEGRAPH COMPANY By: ... Title: nlvlqlnn st.aff M- Date : 7/28/82 GENERAL TELEPHONE COMPANY OF CALIFORNIA Titie: OP Eng/Const Director Date: 1-iz-L’~ APPROVED AS TO FORM‘ .ATTORNEY/ 3Li UNDERGROUND SERVICE ALERT OF SOUTHERN CALIFORNIA USA-SC OPEPATING PROCEDURES Article Con tents Page No. f 1. Purpose ........................ 1 2. Objectives ...................... 1 3. Participating Members ................ 1 4. USA-SC Contractual Agreements ............ 5. Rate Structure ................... 2 3 6. Center Management .................. 3 7. Communications .................... 6 8. Center Operations .................. 7 9. Public Relations and Publicity ........... 13 Exhibit 1. ..................... 14 Exhibit 2. ...................... 15 1. PURPOSE 1.01 1.02 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 purposes of these operating procedures, the following 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. The Center's major functions are: 1) To receive reports from the public, contractors, utilities and all other excavators who have been encouraged to call the rJSA/SC Center two working days in advance of planned digging acti- vity. The calls received for this purpose are called "Underground Location Requests". 2) To transmit this information to all participating members who may 5ave underground facilities at the location of the digging activity or are otherwise concerned with this digging activity. - (The owner is then responsible for notifying the caller). 3) Promote use of and membership in VSA/SC. 2. OBJECTIVES 2.01 The USA/SC Center is designed. to encourage acceptance and active participation by all underground operators, government agencies and excavators. tives are to: The Center's ohjec- 1) Promote public safety. 2) 3) Reduce lost production time, 6ue to damages. 5) Help protect our underground environment. 6) Promote membership in USA/SC. 7) Promote use of USA/SC. Eliminate costly damage to underground facilities. . 4) Promote compliance with O.S.H.A., Section 1326.G51. 3 PARTICIPATING MEMBERS 3.01 Participating members are those organizations and repre- sentatives thereof which are signators to the Principal - 1- 36 3.02 3.03 Party Agreement , Associate Party Agreement, Or Associate Party Agreement - Public Agency. Signators to the Principal Party Agreement or to the Associate Party Agreement are eligible for membership to the USA/SC Committee. Signators to the Associate Agreement - Public Agency are not menhers of the tJSA/SC Committee. Sustaining members are those corporations, firms, individuals or public agencies which, by virtue of their business; professional or public activities share the concern and objectives of the Association in establishing and operating a plan of activities designed to protect underground facilities 'as described in Articles 1 and 2. Sustaining membership is recognized by a suitable certificate issued by the Board of Governors upon paynent of annual membership fee. Such annual payment shall he determined from time to time by the Board of Governors but shall be not less than $50.00 per year. Sustaining members: do not receive notifi- cation of proposed work; are not signators to the Principal Party Agreement or the Associate Party Agreement; are not members of the Underground Service Alert Association; are not entitled to vote at any meeting of said Asscciation. 4. USA/SC CONTRACTUAL AGRESMENTS 4.01 All participating members of USA/SC shall he governed , by the articles of the Principal Party Agreement. 4.02 The participating members shall be divided into three categories: Privately owned utility companies with over 2,000 trench miles of underground facilities in Southern California. These members shall be known as Principal Parties and shall he signatories to the Principal Party Agreement. Other companies, governmental agencies, and all other participating members shall be known as Associate Parties and will sign Associate Party Agreements as stated in the Principal Party Agreement, except as provided in (3) he.loV.7. Governmental agencies who elect to sign an Associate Party Agreement -. Public Agency are not members of the Association. These public -2- 3.7 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 divid.ed into the same categories as in Section 4.02. 5.02 Each participating member .will .be assessed a monthly fee in accordance with the applicable rates contained in Exhibit 1. @ 5.03 Each Principal Party will he assessed a monthly fee equal to a percentage of the remaining operating costs. 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 underground facilities, it will be necessary to adjust this rate structure. Any such adjustment will be accomplished according to the terms and 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 associated with the methods, of notification as outlined in subsequent sections. Parties - Public Agency will submit in writing, updated trench mileage of population figures to the Board of Governors by March 1st of each year based on their mileage as of December 31st of the prior :rear or the latest available population figures. This will allow the revision of billing amounts for each new Tontract Year, which runs from July 1 to the following June 30. 5.06 The Principal Parties, Associate Parties and Associate 6. CENTER MANAGEMENT 6.01 The Underground Service Alert of Southern California Committee is the managing body responsible for over- seeing the operations and maintenance of the USA/SC Center. The Committee consists of one representative of each participating Principal and Associate Party. The Committee will meet only as required, but at least once a year, on or before Board of Governors and conduct any other business that may come before it. August 1st to elect the -3- 6.02 A quorum of the USA/SC Committee shall consist'of those members present. Any vote will be won by a simple majority of votes cast. 6.03 The IJSA/SC Committee will oversee the operation5 of the USA/SC Center through a Soard of Governors. This Board of Governors will be made up of the following members. 1) One representative from each of the Principal Party organizations. Each one of these repre- sentatives has one vote. 2) Four representatives 'from the total body of Associate Parby members. Each representative 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 program. 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 of these meetings. 3) Acting as liaison between all USA/SC members and the Contractor. 4) Providing functiona.1 guidance and direction to the President in carrying out his duties. 5) Instituting all actions as directed by the Board of Governors, that are not covered in this section. 6.05 The Vice-chairman will assume the duties of the Chairman in his absence. 6.06 Each representative on the Board of Governors may, on such occasions as may be necessary, send an "Alternate" to a meetinq of the Board. The choice of "Alternate" will be left up to each representative. A letter of tiesignation, signed by the official Roard representative will accompany the "Alternate" to any meeting attended. This letter will be presented to and kept by the Chairman, at the time of the meeting. 6.07 Associate Party representative on the Board of Governors will be elected at the annual meeting of the Association. Associate members shall elect, based on one vote per trench mile Qr one vote per 1000 population, four of their number to represent all Associate members on the Board of Governors. -4- . -. : .. .. The Vice Chairman of the Board shall conduct the election o f Associate Party representatives and shall decide any conflict that ma:? arise in the interpretation 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 necessary to conduct the business of the Associatioa hut at least once every two months. The time.and place of each meeting will be scheduled well enough in advance to provide proper and adequate notice to each Association member. The Board members present at any meeting will constitute a quorum. Any vote taken will be won by a simple majority of those votes cast. All rissociation members may attend Board meetings and may request to participate in discussion of any matter brought before the Board. Voting on all matters is limited to Board members. 6.10 The Board of Governors has the power to review all the operations an6 accomplishments of the USA/SC renter. The Board will, if necessary, make recommendations to the Contractor, involving revision, deletion or addition 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 5e voted on according to the terms fo Section 6.09. '?h~ Boarc? will keep, and distribute to a11 members, minutes of all it's meetings and any other actions it takes. 6.11 The Board of Governors will handle a11 discrepancies arising out of interpretations of these operating procedures. The Board's decision will be final. 6.12 The Board of Governors cannot amend those portions of these Operating Procedures anc! Exhibits that deal with Rate Structure, or this entire Article 6. These portions can only be changed by the full committee in accordance with Section 6.02. 6.13 The USA/SC Committee will maintain a Sank- checking account in the name of "Underground Service Alert". The chairman and such other officials of the Board 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 Contrac- tor his monthly operating costs and paying any advertising costs incurred independent of the Contractor and other bona fide operating costs. to balance the account each month after receipt of the bank statement from Contractor. €!e will report on the status of the USA account in each monthly meeting. -5- 6.14 The chairman of the Board of Governors is responsible 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. COIDlUNICATIONS 7.01 The Contractor will provide sufficient equipment and personnel to maintain efficient operation of the Center. Increases in costs incurred will be justified by the CGntractor to the Board of Governors. 7.02 For liability purposes, all incoming calls (handled by IP?-'CJATS lines) are recorded on tape. In addition, all telephone notifications to the members are also recorded. Said recordings are made in accordance with tariffs on file with the California Puhlic Utilities Commission and local, state and federal law. 7.03 Each member is individually responsible for maintaining communications equipment on their premises to handle the receipt of local request information. 1) Those eligible for telephone service, will maintain a telephone number at which a representative may be reached at any time during normal business hours. Those using telecommunications equipment will maintain a "Receive Only" station on an individual or shared basis. Terminals shared by more than one memher must be listed. at the Center, by all the names of those menhers sharing it. Such arrangements for sharing terminals must be individually negotiated with the help of the chairperson. Information sent to shared termir,als nust be transmitted to all parties as soon as practicable. 7.04 Only menbers receiving less than 30 notifications per month are entitled to use a voice telephone system. l?lemhers receiving a heavier volume of notifications are expected to receive their IJSA corrmunicatiors by use of a Teleprinter. requests for additional teleprinters. stations shall he responsible for maintaining their teleprinters in good working condition. Exhibit 1 Rate Schedule, each memher will Ise billed in accordance with the following schedule of the message receiving equipment utilized: The Contractor will coordinate all All. receiving 7.05 In addition to the monthly rates set forth in the 1) Teletype receiver stations provi?.ed through the Center (each station): a) Installation Charge - actual charge by -6- 0 the Telephone Company. b) Monthly Charge - $115.00. Teletype Receiver Stations pro ided b\ -~ member-: Installation Charge and ~~~onthly Receiver hilling c!iarge will be determined and billed on an individual basis for members who provide or furnish teletype receiving equipment maintained by the Center. Telephone Kotification (Per Telephone Elumber) 8. CENTER OPEPATIONS Installation Charge:. $10.00 Monthly Charge: c $1.25 for each call up to 30 during a calenc?ar month. $1.50 for each call over 33 and up to 60 during a calendar month. $1.75 for each call over GO during a calendar month. The foregoing applicable per call charges will be applied each time the member location is contacted by the center personnel for the purpose of transmitting an excavation notifi- cation message, whether or not such notification is completed. The applicable rate as stated in (1;) above will be doubled for each call during which the center emFloyee initiating the call is put on "hold" for the convenience of the member. 8.01 The Center's business hours are from ?AN to 5Pll 14bdAay through Friday excludirig holidays. 8.02 The Center's holidays are New Year's Day, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Eay. 8.03 The Contractor shall provide the personnel necessary to carry out the business of the Association an6 shall en-ploy a President, Manager, and Office Clerks. The work schedule of the Manager and Clerks will be arranged to provide adequate personnel during business hours. I) President The President is employed by the Contractor -7- 42' with the concurrance of the Board of Gocernors and receives functional guidance and direction from the Chairman of the Board. The salary and reimbursable expenses, position responsibilities and job performance of the President are subject to Board approval. The President is responsible for carrying out the business of the Association and for fulfilling the objectives and purposes as described in Articles 1 and 2: Promotes membership in the system by uti1it;J and agency operators of hnderground facilities and others; 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 improvements to the operating procedures of the system; directs activities of the manager; performs other duties in the furtherance of the business of the Association as directed by the Chairman, Manager The Manager reports to the President and: exercises full responsiblliey for the day-to- day operations of the Call Center: llires, trains and supervises off ice clerks; coordinates sqorli assignment to maintain proper telephone coverage; develops and implements quality assurance programs, reviews findings with Clerks, compiles quality indices for the group and for individuals; reviews and analyzes on a sampling basis the work performed to assure accuracy and performance in accord with established procedures; develops written procedures for the tasks performed by Clerks; receives and handles unusual or complex calls; prepares monthly bills, receives and deposits payments, and maintains Euch records as may be required; assists the President as requested and performs such other duties as may be assigned fron time to time; may perform duties of office clerk. The Manager will also serve as secretary of the Board of Governors. 8.04 The Contractor is responsible for billing of the Participating members in accordance with Article 5 and the following: 8.0401 The. Contractor Setermines, prepares and For purposes of mails a bill for each participatincf memher in accordance with the approved rate structure - Exhibit 1. -8- $3 8.0402 8.0403 8.0104 8.0405 0 accounting, books are kept of each mbnth's billing, by member name. Said books shall be kept in accordance with generally accepted accounting principles. The Contractor compiles a monthly summary of operating costs in detail, current month's billing by member name, and last month's billing showing credits for amount paid. These reports are submitted to the Chairman of the Board of Governors by 15th of the month following the month under report. Upon receipt. of the monthly bill from the Contractor, each member will make payment, by check, made out to "Underground Service . Alert". This check is sent to the Contractor at the USA/SC Center. The Contractor credits each member's account when its payments are received and deposits the money in the USA 5ank Account. Deposit slips and monthly bank statements are reviewed by the Chairperson of the Board of Governors. The Contractor is responsible for maintaining records of all expenses associated with tfie USA/SC Center operations. subject to audit by the Board of Governors. These records are 8.05 Location Request: 8.0501 All requests are handled on IM-WZiTS lines and are recorded. 8.0502 Each request has a number assignee? to it. This number is given to each caller for future reference. 8.0503 All callers not giving two working days notice are reminded of this requirement. They are told that the affected members may not be able to provide location information prior to the start of the job, but the request will be handled as promptly as possible. 8.0504 P.fter all the necessary information to complete the location request has been given, Center personnel tells the callers which memhers'will be notified. tell the caller that Non-Memhers must he contacted separately by the caller. They also .. -9- * - 8.06 8.07 Locations Each participating member is responsible for completing a listing of those Thomas Brothers Map Book Page and Grids in which they want notification of digging activity. 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. Transmissions of Location Request information: A11 Location Request 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. 8.08 8.0701 8.0702 8-0703 8.0704 8.0705 The receiving stations are responsible for prompt handling of all locations requests received. Each participant who is notified must advised the caller if they do or do not have underground plant at the work location. If their records do indicate below ground plant at the work location, the participating company will promptly notify the caller and advise them of the conflict. In accorc?ance with -each Company's Policy, the affected members will then provide information about, or locate and identify the location of its facilities by staking or marking on the surf ace. Each receiving station is rcsponsi3le for 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 cause6 or is a case of equipment trouble. When receiving equipment trouble or failure is indicated, the receiving station will be responsible for reporting it to the appropriate location repair number, as indicate6 on its teleprinter. When computer failure occurs the Center will yeport location request information to affected members via telephone until the failure is repaired. Calls made under this provision will be made from the Touch- A- Katic phone, so they will be recorded. The cl.erks are to handle any follow-up calls for -10- 8.09 8.10 8.11 8.12 8.13 additional information or failure of' any one or mare companies to respond to a location request. Calls received to report Emergency work that must be done immediately, are handled as normal location request and transmitted as soon as possible. Callers re2ortincj damage to the underground facilities of any Nember or Non-MemSer are requested to call the affected Utility or Agency directly. The Contractor is to supply the telephone number of the Utility or Agency involved, if known. In addition, if the caller indicates the proposed work will involve the above ground facilities of any Member or Non-Nember. the Contractor will inform the affected Utility or Agency directly. All calls received in the Center after scheduled operating hours are answered by a recording device attached to the I1J-WATS lines. A pre-recorded message advlses the caller of the Center's scheduled operating hours and direct them to call back. The message also refers all emergency calls to the affected organization. Records, Reports, Logs : 8.1201 The Contractor is responsible for the following reports: 1) Daily log of calls receive2 including time received and ticket number. 2) Daily log of calls giving less than 48 hours notice, including ticket number, caller's company and length of notice in hours. 3) Daily log of messages transmitted, including ticket number involved. 4) Monthly summaries of Reports 1, 2, and 3. 5) Ilonthly report of damages incurred by each sarticipating company, showing Date, Time, Location of damage and name of excavating company involved. Information needed to formulate this report is to be supplied h'7 the participating Companies on a monthly basis on forms supplied by the Center. The Contractor will be responsible for maintaining a file of all records and tapes of recorded conversations for a period of six (6) years. At the end of six (6) years the Contractor will destroy the above records unless otherwise requested in writing by any Principal or Associate Partly. U2on such a request, the Contractor will supply a copy of the information required to the originators of such a request, at their expense, to be maintained by them. -11- q6 8.14 Location Requests are communicated by excavators to USA by WATS telephone lines. All transrnissions on USA VTATS lines are recorded. Yotification of Location Requests are transmitted to members by Teleprinter or Telephone, dependins on the needs of each member. Telephone Location Request transmittals from USTA to members are recorded. Copies of Teleprinter messages are Frodcced 1~7 the computer at the time of transmission. Tape recordings and computer copies are retained by IJSI! €or the use and benefit of Company/Agency members, the contract- operator of USA (Hood Corp), and users of tlie One-Call System. Tapes are handled, recordec? on, played, stored, and rerecorded f ror,, by TJSA emp1o;iees onl:~, or such qualified operators as may be designated by the Chairman to maintain reliability and integritl- of the tapes. Tapes will not be release?. to an17 mernher or other for any purpose. 8.1401 On reclues t from a flember Conpany/Agency, IJSA will provide ofie copy of an17 teletyp Location Request, in addition, tape recor2- ings of incoming and/or outgoing te1ep"lne transmittals will be made available for listening and., if required coyies of such recorded messages will be furnished. 8.1402 C)n letter request, TJSA will provide to a qualified Yon-!?ember one copy of the teletype Location Request which resulted from an original call. USA will determined, if possible, the reason for the copy request and if damages to a Nember's facilities occurred during tlie work. "-,.A will provide one copy of tape recorded messages from the caller to TJSA to a :?ember or Yemhers onl:7 after receipt of payr.icnt of ec timated rerecording costs. USA will notify h;i letter each menkr to whom the original Location . Request vas transmitted, whether by telet:ipe or telephone, stating the reason for the copy request, name of requestor, whether or not damage occurred, and any other information that will be of assistance to the member. One copy of the teletype Location Request will be provided and the Ilember(s) will be advised if the caller requested tape recordings of the transmittals. nr 8.15 Other provisions of these operating procedures notwithstanding the Center shall use its best efforts to receive and transmit excavation notices in the event of electrical power failure which precludes the recording and normal transmission of message. - 12- 9. PUBLIC RELATIONS AND PUBLICITY 9.01 The Center will maintain a log of all presentations made involving the promotion of the USA/SC program. Arrange- ments nay he made through the ?resident for such presentations to any interested groups. 9.02 Advertisement and promotional materials will designate "underground Service Alert" and should include the Center's toll free number and logo. To prevent duplication of effort and to maintain continuity of promotional items, all participating companies are asked! to submit to the Coarc?. of Governors at least one copy of any promotional materials used, which were not processed through the Board of Governors. company promotions A complete file of all promotional materlal will be kept by the Manager. Participating Yembers are encouraged to list in telephone directories the Call Center toll-free number under their company or agency name for locating/marking information. Such listings are billed to USA by the Telephone Comsany at the rate of .75/mo. for each directory listing in the White Pages. the Manager of the total number of directories in which such listings appear. these charges along with their monthly membership and communication charges. 9.03 This will include intra- 9.04 9.05 Each Member shall, at least annually, advise . Itembers are billed by USA for -13- -. I .. i UmE RG ROUN D S Z FJI CE P.LE RT 8. Exhibit 1 RATE SCIIEDTJLE A. This schedule sets forth the rates charged Associate Party members and Princi-pal Party members of the Underground Service Alert one-call system. Communication recei.ving costs are additional and are stated in Section 7, Paragraph 7.12 of the Operating Procedures. e B. The monthly charge to each nssociate Party member who receives notification from the one-call center of proposed excavating or other underground work is in accord with the following schedule: 1. 2. 3. For underground facilities operated hy the member within the area served by the one-call center a charge of $25.00 plus $.lo per trench mile for all main line facilities (excepting service lines or similar lateral extensions) . Cities and counties which operate, or cause to he operated, underground facilities (except natural gas or electric transmission or distrihution s:ystems) , a charge of $.35 per 1,000 population, or the rate set forth in B. 1. above, whichever rate produces the lower cost, with a minimum of $25.00. Cities and counties which qualify for the rate estaSlished in B.2. above, and which operate electric and/or gas distribution systems, and'additional charge of $.OS per 1,000 population for each such electric or gas sLrstem. C. Each Principal Party member will pay a monthly sum in proportion to the trench miles of underground facilities as defined in B.1. above, operated 5y all the Principal Party members within the area served by the call center so that the total sum of the Associate Parties' contrihutions and, the Principal Parties ' contributions equal the monthly cost of operating the call center exceFt the sum paid monthly by each Principal Party shall he not less than $25.00 plus $.lo per trench as defined. mile of underground facilities D. Members who elect not to receive notification from the call center of proposed work pay a monthly fee as agreed upon by the member and the Principal Parties but in no event will the charge be less than $25.00- -14- q7- 7. 8. Q. Exhibit 2 3. Ti&€ : 4. TAKEN 81/: 5. CcrAwEC: 12. PAGE : 13. GRID: 24. 6EiuG DONE FOE: t 16. QURO: -15-