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HomeMy WebLinkAboutSan Diego Gas & Electric Company; 2005-08-29; 2777690SDGJ A 65 Sempra Energy utility" Submitted to Applicant by: Maria Higgins SDG&E Work Order(s): 2777690 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 "Utility1, and Carlsbad Municipal Hater District, , hereafter called "Applicant(s)". a municipal corporation WITNESSETH: WHEREAS, Applicant(s) are the owners, lessees, or others having a legal interest in those certain premises known as Twin 'D' Recycled Water Pump Station located at 6580 Black Rail Road, Carlsbad; and WHEREAS, Applicant's desire that existing overhead facilities be replaced with underground facilities, and in consideration of the desirability and value which said underground facilities will add and contribute to the above premises; NOW, THEREFORE, it is agreed by and between Utility and Applicants as follows: 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.C 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. FORM 106-27591(4/91) E] Excavation, backfill and compaction ^ Conduits ^ 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. 4. Receipt is acknowledged from Applicant(s) of $60,401, 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. 5. 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. 6. 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. a) 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. b) 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. c) 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. d) 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. 7. 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) 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. 8. 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. 9. 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 B 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. 10. 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. 11. 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. 12. 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. APPLICANT: Carlsbad/municipal Water SAN DIEGO GAS & ELECTRIC COMPANY, a corporation Bv: Name:. Claude A. Lewis / (Authorized Individual-Utility) Date Executed: (Please Print or Type) Title: President Date:-f- Address: 5950 El Camino Real £ 9 2005 PROJECT MANAGEMENT NORTHERN Telephone: (760) 438-2722 Social Security Number or Tax I.D. Number 95-6004793 Applicant is a corporation: Yes 0(] No [ ] FORM 106-2759L (4/91) W-9«/ (Rev. January 2003) Department of the Treasury Internal Revenue Service Request for Taxpayer Identification Number and Certification Give form to the requester. Do not send to the IRS. Name <u01 Q. c0 s.§£"* h "o cIIO. ui§'iQ. Carlsbad Municipal Water District Business name, if different from above D Individual/ rc-i i — i i — | Sole proprietor IA 1 Corporation 1 1 Partnership 1 1 Other Address (number, street, and apt. or suite no.) 5950 El Camino Real City, state, and ZIP code Carlsbad, CA 92008 D Exempt from backup withholding Requester's name and address (optional) „) List account number(s) here (optional)CDoo I3SH1I Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. For individuals, this is your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN on page 3. Note: If the account is in more than one name, see the chart on page 4 for guidelines on whose number to enter. Social security number I I I I I I or Employer identification number Certification Under penalties of perjury, | certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and 3. I am a U.S. person (including a U.S. resident alien). Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the Certification, but you must provide your correct TIN. (See the instructions on page 4.) Sign Here Signature of U.S. person Date Purpose of Form A person who is required to file an information return with the IRS, must obtain your correct taxpayer identification number (TIN) to report, for example, income paid to you, real estate transactions, mortgage interest you paid, acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an IRA. U.S. person. Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN to the person requesting it (the requester) and, when applicable, to: 1. Certify that the TIN you are giving is correct (or you are waiting for a number to be issued), 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding if you are a U.S. exempt payee. Note: If a requester gives you a form other than Form W-9 to request your TIN, you must use the requester's form if it is substantially similar to this Form W-9. Foreign person. If you are a foreign person, use the appropriate Form W-8 (see Pub. 515, Withholding of Tax on Nonresident Aliens and Foreign Entities). Nonresident alien who becomes a resident alien. Generally, only a nonresident alien individual may use the terms of a tax treaty to reduce or eliminate U.S. tax on certain types of income. However, most tax treaties contain a provision known as a "saving clause." Exceptions specified in the saving clause may permit an exemption from tax to continue for certain types of income even after the recipient has otherwise become a U.S. resident alien for tax purposes. If you are a U.S. resident alien who is relying on an exception contained in the saving clause of a tax treaty to claim an exemption from U.S. tax on certain types of income, you must attach a statement that specifies the following five items: 1. The treaty country. Generally, this must be the same treaty under which you claimed exemption from tax as a nonresident alien. 2. The treaty article addressing the income. 3. The article number (or location) in the tax treaty that contains the saving clause and its exceptions. 4. The type and amount of income that qualifies for the exemption from tax. 5. Sufficient facts to justify the exemption from tax under the terms of the treaty article. Cat. No. 10231X Form W-9 (Rev. 1-2003) CQ X ITl 00COH in CO ro Hin ron Hin H LTI Oin Ho ovo UH OiBWj W p %H + </> inror-•*• •co- adHvo 0H V* minnoinH min inH inmin V* o i 8paH P PQ vt U3 </> t- inn CNin COen CN Ol oinCN oin ft OO §DP035DPS-REMOTE3 0-001PAGE NO 1UG RULE 20.C CONVERSHTWIN'D' RECYCLED WATER PUMP STATION 3330 t-t- •* CN H ro oiH PQ P Oivo Oo >. sy HCO8 TIMATED INSTALLED COST OF UNDERGROUND FACILITIESREPLACE OVERHEADCO OT° - P H OiH H HOH PQSoi .TIMATED COST OF RELATED OVERHEAD CONSTRUCTION ANDXISTING FACILITIESCO PQPQPL, WO ^^H 3 UTILI1REMOV.ESTIMATED COST OF RELATED OVERHEAD CONSTRUCTION -AD APPENDIXPQ "3 H^. THpQHWbOT PQs CN PQZ COBft H < H O 5 PPQOi HDs faO H 8U PPQH HHCOPQ TOTALCRAP/SALVAGE (IF APPLICABLE)CO oi g H CREDI'.EPRECIATION (IF APPLICABLE)P O H CREDI1W ACQUISITION - BY UTILITY - NON -REFUNDABLE\, Oi oz BILLI:H CO CO .4 H CO Wpa ro < ZH,4 H ft OH HCOOU TOTALr- PQ M H a oH COOu \ ^H LUE OF WORK REQUIRED FOR AND PROVIDED BY APPLICANABLE)rij H ' PQPQHOi HCTl HO CO H CN CQ PQ2H J COCO3 H CQ 2H M H b p C_) o H CQ ZH CO COpa CN CQ H2H H ft ftrtj P c_i 0 CO Zw £} (rfft BPQOi H P PPLICANT FOR ADDITIONAL FACILITIES AFTERANCE OF WORK (1099 REPORTABLE)<Hftpa PaSuPUrtjL^ 02 HCO3 gM ft6 § <A° O r- ro CO PQH I CQ U Invoice/CR # 221240 Project Location: I 6580 BLACK RAIL RD CB Project # 333179 PAYMENT DUE: 1 $60,746.00 Date - Make checks payable to SDG&E - February 10, 2005 MAIL TO: Customer Payment Services - CP6lC San Diego Gas & Electric PO Box 129831 San Diego, CA 92112-9831 Preparer SDG&E Internal Use: 221240 $345.00 22124 1 $60,401 .OO Cyr, Linda Customer/Project Name: TWIN "D" RECYCLED WATER PUMP STA SDG&E Contact: Higgins, Maria Telephone: 760-480-7647 THIS REMITTANCE MUST BE RETURNED WITH PAYMENT J _I General Conditions for Underground Electric Distribution, Setvice Systems Construction and Gas Trench CONSTRUCTION / TRENCH INSPECTIONS c PH: &/j- I &A - - 5@(15 MARKIOUT 1-800.1227-2600 NOTICE ALL WORK DONE PURSUANT TO THE ATTACHED MUST BE ACCOMPLISHED IN COMPUANCE WITH THE FEDERAL AND STATE OF CALIFORNIA OCCUPANTIONAL SAFETY AND HEALTH ACT. ONE COPY TO BE KEPT AT PROJEC17 SfE 106-3514OF 1292 1 .o 2 .o 3.0 4.0 5.0 6.0 7.0 . 8.0 9.0 10.0 11.0 12.0 13.0 14.0 15.0 16.0 17.0 18.0 19.0 20.0 21 .o 22 .o 23.0 24.0 25.0 26.0 SCOPE OF GENERAL CONDITIONS DEFINITION OF TERMS CONTRACT DOCUMENTS INSPECTION OF WORK AND INTERPRETATION OF CONTRACT DOCUMENTS SDG&E’S RIGHT TO DO WORK SCHEDULING SURVEY AND EASEMENTS PAVEMENT REMOVAL AND REPLACEMENT EXCAVATIONS INSTALLATION OF CONDUIT BACKFILL AND COMPACTION SUBSTRUCTURES CABLE INSTALLATIONS (NEW) SAFEGUARDS CHANGES IN WORK PHASING FOR ENERGIZING DRAWINGS AND PRINTS RELATIONSHIP OF PARTIES FINAL ACCEPTANCE WARRANTY PERMITS AND LICENSES IN DE MN ITY PUBLIC RELATIONS UNION LABOR IF APPLICABLE RISK OF LOSS OR DAMAGE NOTICE OR DEMAND 106-3514OF 1292 1 .O SCOPE OF GENERAL CONDITIONS These General Conditions apply to new underground electric facilities and gas trench where the facilities being installed by an Applicant or by an applicant's contractor are for operations by SDG&E. 2.0 DEFINITION OF TERMS The following terms in these General Conditions shall be applied as follows: 2.1 "Agent" - Those persons authorized to act for or represent the Applicant or SDG&E. 2.2 "Applicant" - The party or parties contracting with SDG&E for underground facilities and to perform work described in these General Conditions. 2.3 "Contract Documents" - The Contracts, Agreements, Specifications, General Conditions, SDG&E Standards, drawings, permits and other papers for the purpose of construction or pertaining to construction of underground electric facilities and gas trench. "Day or Days" - Normal SDG&E work days (Monday through Friday) unless otherwise specified. 2.4 2.5 "Excavation" - Trenching, boring, and removal of soil required for the installation of substructures, all necessary backfilling including required imported bacMill material and removal of trench spoil, and acceptable surface repair to the local governing authority's specifications. 2.6 "Final Acceptance" -. SDG&E's acceptance of all work performed by the Applicant includes "as-built" drawings and reconciliation of all material obtained for SDG&E. 2.7 "Final Grade" - The grade after paving and landscaping are completed. 2.8 "Finish Grade" - The grade shown on plans. 2.9 "Improvements"- The requirements of either the governing municipality or SDG&E which will ensure protection for SDG&E facilities and provide verification of finish grade. Improvements include, but are not limited to, curbs, sidewalks, berms, barricades, bridle or pedestrian paths, raised planters or parking lot berms in residential, commercial, manufacturing, or industrial projects, when these improvements are specified adjacent to SDG&E's facilities. 2.10 "Inspector" - The SDG&E employee assigned to inspect and accept or reject work on the basis of compliance or lack thereof with the Contract Documents, SDG&E standards, specifications and policies. "Issued and Released" - When the specifications have been issued to the Construction Department and all related holds (monies, contracts, Right of Ways, etc.) have been removed. 2.1 1 2.12 "Landowner" - Public or private entity, or a natural person or persons, whose property is affected in any way by construction performed by Applicant. 2.13 "Project Coordinator'' - The SDG&E employee assigned to coordinate projects through construction. The Project Coordinator will work with the SDG&E Inspector and Applicant to coordinate the scheduling of SDG&E crews. 2.1 4 "SDG&E" - San Diego' Gas & Electric Company (including its contractors, subcontractors, employees, representatives or agents). 2.15 "SDG&E Standards" - SDG&E Gas and Electric Construction Standards, including SDG&E's "Service Guide" (available upon request). I+ 106-35140F 1292 1 2.16 “Specifications” - The construction drawings (including any revisions, supplements or SDG&E approved field changes) furnished to the Applicant detailing the work be performed. . 2.1 7 “Substructures” - Includes, but are not limited to, manholes, handholes, vaults, pads (for transformers, terminators or fuse cabinets), grounding grids and other structures needed to accommodate cables, connections, transformers and appurtenances. 2.1 8 “Vault Book” - SDG&E transformer vault specifications. 2.1 9 “Work” - The performing of all labor and the furnishing and installing of all material and equipment,‘ necessary to accomplish all the duties and obligations imposed by the Contract Documents and Specifications. 3.0 CONTRACT DOCUMENTS 3.1 These Contract Documents are mutually binding on all and the Applicant must be thoroughly familiar with them. Technical trade terminology shall retain well known meanings. All Applicant work responsibility and any work reasonably inferred necessary to produce the intended results, shall be supplied by the Applicant. Specified dimensions (except as provided in section 15.0) shall govern. Work not specified shall be performed in the same manner as similar work specified. Specific details take precedence in the manner of construction. 4.0 INSPECTION OF WORK AND INTERPRETATION OF CONTRACT DOCUMENTS 4.1 4.2 4.3 4.4 All work and materials shall be of SDG&E approved manufacture class or grade specified in the Contract Documents. It shall be the Applicant’s responsibility to thoroughly familiarize all of its Agents with the contents of the Contract Documents and to accurately advise SDG&E of its construction schedule. SDG&E will be represented in the field by an Inspector, and all work and material shall be subject at all times to inspection by the Inspector. Applicant is required to call the number on the cover sheet for inspection of his work by 2:30 p.m. one workday prior to the date inspection is requested. The Inspector will inspect each completed stage of Applicant’s work including: trenching, substructure installation, conduit installation, backfill, compaction, and cabling. As each stage is completed, the Inspector will approve it. If SDG&E crews are needed, they will be dispatched as available after the Inspector has verified that the Applicant has satisfactorily performed his portion of the work. Any workmanship or material supplied by the Applicant which does not meet the criteria specified in the Contract Documents may be rejected by the Inspector whose decisions shall be final and conclusive. The decision of SDG&E shall be final as to all matters of interpretation of the Contract Documents. Any workmanship or material rejected by the Inspector shall be replaced by Applicant at Applicant’s expense. Inspections and final acceptance shall not relieve the Applicant’s obligation to complete the work in accordance with the Contract Documents and SDG&E Standards. 5.0 SDG&E’S RIGHT TO WORK If the Applicant fails to perform the work in accordance with the standards, within the prescribed time period, or any obligation imposed by the contract documents, SDG&E, except as indicated below, after giving seven days written notice to the Applicant, may take over and finish the Applicant’s work or may correct any defects at the Applicant’s expense. If SDG&E is unable to collect reimbursement for its cost of work after 30 days from completion of the work, the actual cost may be deducted from Applicant’s refundable monies on deposit with SDG&E, or, at its option, SDG&E may recover such cost by claim against the surety on the performance bond furnished by the Applicant. 106-35 140F 1292 2 I5 6.0 SCHEDULING After receipt of written notification from SDG&E that construction orders have been released and issued, the Applicant shall immediately advise SDG&E of the construction schedule, arrange a pre-construction meeting with the Project Coordinator and verbally confirm the start date two working days in advance of trenching. 6.1 6.2 6.3 6.4 All work by Applicant shall be coordinated with SDG&E in a manner that will permit SDG&E or its Agents to perform its work without delay and in an efficient manner throughout the period of construction without being required to reschedule its construction forces after starting the field installation. The Applicant understands that trenching and backfilling must be coordinated with the installation of facilities such as gas piping and/or equipment by SDG&E. The Applicant shall contact the Project Coordinator to avoid SDG&E construction schedule delays. The Inspector will specify the amount of clear open trench for SDG&E work. Inspector and Construction Crew work will be performed during normal business hours. The Applicant shall continue trenching to allow the project to be completed in an efficient manner. Joint trench agreements with other underground utilities must be approved by SDG&E before the start of construction and coordinated to avoid conflicts between construction forces. The Applicant should call Underground Sehce Alert (1 -800-2n-2600) for mark-out two working days before trenching. The Applicant must locate all existing facilities before construction and protect them throughout the construction period. Gas and electric facilities will not be installed until all wet utilities have been installed and backfilled. Pressurized sprinklers and irrigation lines installed after SDG&E's facilities must maintain the minimum clearances specified in SDG&E Standards. Applicant shall report to Project Coordinator any damage to any facilities resulting from the construction and shall file a complete written report with SDG&E of the surrounding circumstances within 24-hours of the incident or by the end of the next working day. 7.0 SURVEY AND EASEMENTS The Applicant shall be responsible for establishing and maintaining alignment and finish grade for SDG&E substructures and trenches throughout the construction of the project. SDG&E will survey, obtain easements and stake trench positions when easements dictate a definite route on private property, or in a dedicated street position. 8.0 PAVEMENT REMOVAL AND REPLACEMENT 8.1 Applicant agrees, that when trenching or excavating in paved streets or sidewalks, all cutting, removal and replacement of pavement or concrete shall be performed by methods which meet the requirements of all governmental authorities having jurisdiction. Applicant agrees that any curtailment or rerouting of traffic necessitated by Applicant's work within streets or sidewalk areas shall be coordinated with all governmental authorities having jurisdiction. 8.2 9.0 EXCAVATIONS 9.1 106-351 40F 1292 Excavations for substructures shall be made to such dimensions and grade lines as are necessary to perform the work shown by Specifications and to a depth that will provide the ground coverage between the top of the conduit entering the substructures and finish grade directed in the appropriate SDG&E Standards. Applicant shall verify in writing that all substructures are set to finish grade prior to backfilling. The Applicant shall maintain finish grade stakes for all four corners of all substructures until final backfill and compaction has been completed and accepted by Inspector. Should any adjustments to substructures be required due to variations in final grade not previously submitted to SDG&E, all costs for adjustments made by SDG&E shall be borne by the Applicant. 3 9.2 9.3 9.4 9.5 9.6 9.7 9.8 9.9 9.10 Trenches shall be excavated in accordance with location and alignment shown on the Specifications and to provide minimum width and depth necessary to install the substructures, electric lines or gas pipe as specified in SDG&E Standards. Bottom of excavations and trenches shall be free of rocks, dirt clods and pockets and shall be graded with a base so that sags will not occur in any conduit or gas pipe placed therein as specified in SDG&E Standards. Any excavation made to an incorrect depth shall be adjusted to the correct depth and thoroughly compacted by Applicant in accordance with the compaction requirements of the Contract Documents. Where excavations occur in soil, which is, in the opinion of the Inspector, unstable and unsuitable for adequately supporting the conduit, gas pipe or substructures, reinforcement shall be required and constructed to accommodate the individual case as determined by SDG&E. The Applicant shall not place excavated soil where it would pose a hazard to pedestrian or vehicular traffic or interfere with the installation of SDG&E facilities. The Applicant is responsible for the disposal of all excess soil. If SDG&E encounters hazardous or toxic material while performing construction on the project, SDG&E will halt work immediately, and it will be the Applicant’s responsibility to remove and or clean up all hazardous toxic material. SDG&E will have no liability or obligation whatsoever to clean up, remove or remediate any hazardous or toxic materials discovered during the course of construction, unless the material were deposited through the negligence of SDG&E. The location of all excavation is subject to change as necessitated by conflicts, obstacles, or . field conditions revealed by actual examination during construction and Applicant agrees to pay any additional trenching, excavation, backfill, compaction, pavement replacement or other costs required by such changes in location. When padmount equipment is to be installed in a location which requires equipment barriers or retaining walls, Applicant shall install them in accordance with SDG&E Standards. Retaining walls may be used as an acceptable alternative to establishment of proper grade. They shall be provided and installed at Applicant’s expense per SDG&E Standards. If retaining walls are required for any reason during the warranty period, they also shall be provided and installed at Applicant’s expense. 10.0 INSTALLATION OF CONDUIT THE FOLLOWING PROVISIONS APPLY TO APPLICANT’S INSTALLATION OF CONDUIT: 10.1 Conduits shall be installed in the trench in the alignment shown on the Specifications and all material used shall be those specified in SDG&E Standards. 10.2 On approval of Inspector, ground cover may be reduced where the specified minimum ground cover cannot be obtained in crossing over storm drains, foreign substructures, or other obstacles. 10.3 Extreme care shall be exercised to ensure that foreign matter does not enter the conduits during installation, or at any other time thereafter. 10.4 When such responsibilities are shown on the Specifications, cable pole conduits shall be SDG&E approved and installed per SDG&E Standards unless otherwise instructed by the Inspector. 106-351 40F 1292 4 17 10.5 Manufactured horizontal bends in the conduit shall be installed according to SDG&E Standards. Should field conditions warrant a lesser radius, the Applicant shall obtain SDG&E approval. 10.6 All concrete, unless otherwise permitted by Inspector, shall be ready mixed and shall meet the requirements of SDG&E Standards. 10.7 The installation of conduit by Applicant must be coordinated with SDG&E or its Agent to permit the installation of substructures and any conduit which may be installed by SDG&E. After the substructures are placed in position, the conduits shall be terminated in the substructure per SDG&E Standards. 10.8 Service conduit stubs shall be extended and marked three feet beyond the substructure or retaining wall according to SDG&E Standards. 10.9 Any trench or excavation of 5 feet or more in depth, which will be entered by SDG&E employees, requires spoil to be placed a minimum of 24 inches from edge of excavation. Depths of less than 5 feet require a minimum clearance of 12 inches. Shoring or sloping may be required in depths less than 5 feet and is required for depths 5 feet or more (OSHA). 10.1 0 Gas and electric facilities in conflict with other construction must be shown on plans provided by Applicant, and SDG&E must be notified prior to trenching. 10.1 1 Street light circuits, CATV and telephone positions must be verified by the Applicant with each serving agency and installed to their specifications in addition to SDG&E Specifications. 10.12 Each run between substructures, pads, customer's service, risers, etc., shall be one size conduit continuously, Le., no reducers are allowed except where the conduit enters the substructure or above the ground level on a riser pole. Deviations must be approved by SDG&E. 10.1 3 All plastic conduit shall comply with SDG&E Standards, identified by manufacturer's marking, and be verified that it is an approved conduit. Conduit found to be defective or not on approved supplier's list shall not be acceptable. 10.14 Installation of electric conduits with concrete substructures must be coordinated with SDG&E. All conduits shall enter a substructure in a horizontal plane, using bottom set of knockouts first, exception being a 331 5,3316 and 3324 manhole in which part of the job package are pages showing conduit placement to assure correct cable training and connections. Conduits shall be terminated in substructures per SDG&E Standards. Open conduit ends shall be sealed during construction to prevent contamination inside conduit. Conduits must be watertight and mechanically sound at entry point. 10.1 5 Core boring can only be authorized by SDG&E to insure against structural damage. All work must be performed per SDG&E Standards. Conduits used with core boring must be grouted. 10.16 Mandreling of conduit must be performed by the installer in the presence of SDG&E Inspector. The conduit installer must provide a 3/16-inch polypropelene pullrope in each conduit. The rope shall be approved by SDG&E and have a minimum average tensile strength of 720 Ibs. Pullrope tails of 24 inches shall be secured at each end of the conduit. 106-35 140F 1292 5 11 .O BACKFILL AND COMPACTION When Applicant’s responsibility under the Contract Documents includes base, shading, backfill and compaction, the following provisions apply: 11.1 Backfill, base and shading shall be made with materials and by methods which will meet the requirements of all applicable codes, ordinances and SDG&E Standards. It must be approved by SDG&E Inspector. 11.2 Compaction shall be performed in accordance with governmental agencies and shall have a minimum of 90% relative compaction. 11.3 When gas piping is installed and not energized, shading will be done the same day, if practical, but not later than the following calendar day. Gas mains must be shaded and backfilled before they are energized. Gas services, when energized, must be covered during the same working day. During construction, new service lines must be made safe from normally anticipated hazards. Energized service lines left unattended must have a minimum of 12 inches cover on private property and 18 inches on public property. Completion of the backfill must be made in a timely manner. 11.4 Shading between the different levels of jointly used trench must be compacted with reasonable care to prevent damage to the facilities installed and shall be compacted before proceeding with the next utility installation. 11.5 Soil filled sacks or redwood timber breakers shall be installed across trenches as required by the Inspector in banks exceeding 25% slope. Water diversion berms shall be cut diagonally across trenches and working strips on banks exceeding 35% slope. The Inspector may require cement sluny backfill on slopes as specified in SDG&E Standards. 12.0 SUBSTRUCTURES 12.1 GENERAL Unless otherwise specified, all substructures, and related hardware including, but not limited to, frames, covers, barrier posts, ladders, ground rods, ground grids and cable supports shall be provided and installed by the party responsible for installing the substructures and shall comply with SDG&E Standards and SDG&E Vault Books. All of the substructures and related hardware used are to be approved by SDG&E. The above facilities, if applicable, will be installed at locations specified by the Specifications and in a manner prescribed by SDG&E Standards. 12.2 PRIMARY MANHOLES AND VAULTS The location of conduit entrances or recesses and sumps shall be as shown in SDG&E Standards. Manhole or Vault entrances shall be installed as shown on the specifications. Neck extensions shall be ordered with the manhole or vault and shall be adjusted to permit installation of the cover at final grade. 12.3 PRIMARY HANDHOLES When Applicant’s responsibility under the Contract Documents includes all or a portion of the substructures, Applicant shall adjust the top section and lid to final grade per SDG&E Standards. Conduits entering handholes shall be terminated in accordance with section 10.8. Where any substructures are to be installed by SDG&E or its contractors and Applicant is responsible for excavation, finish grade must be established to within 3 inches before substructure can be set. The top section and lid shall be adjusted to final grade by SDG&E or its contractor if less than a 3-inch adjustment is required. The developer is responsible for I4 106-351 40F 1292 6 maintaining the excavations for substructures for a period of five days. If SDG&E has not installed the substructures within the five-day period, SDG&E assumes responsibility for the excavation. 12.4 TRANSFORMER AND EQUIPMENT PADS AND SECONDARY HANDHOLES Prior to the installation of these facilities, the Applicant must complete the improvements adjacent to these facilities including barrier posts. Proper compaction and final grade must be established by Applicant and inspected by SDG&E for the transformer and equipment pads. Applicant must complete the required excavation for secondary handholes and site preparation for pads. 12.5 COMPLETION OF IMPROVEMENTS The Applicant must complete improvements (including proper compaction, final grade, excavation and site preparation) adjacent to pads and secondary handholes prior to scheduling SDG&E crews for installation and energizing of facilities. If improvements are to be installed in segments, a minimum of 10 feet of improvements fronting electric facilities is required. Any damaged substructure shall be replaced by the Applicant before the system is energized. 13.0 CABLE INSTALLATIONS THE FOLLOWING PROVISIONS APPLY TO APPLICANT'S INSTALLATION OF CABLE: 13.1 It shall be Contractor's responsibility to protect the cable and other material furnished by SDG&E against damage. Cable pulling methods shall be subject to the approval of the Project Coordinator. If cable or associated materials are damaged due to Contractor's negligence or faulty equipment, Contractor shall replace damaged section in a manner satisfactory to SDG&E and at no additional cost to SDG&E. All sections of cable that are damaged by the application of grips shall be discarded. 13.2 All cable ends shall be sealed to effectively prevent moisture from entering the cable. 13.3 HANDLING REELS Inspection Contractor shall inspect each reel upon receipt to determine whether or not visible damage has occurred during transit and/or storage. Loadina and Unloading Reels shall be handled in such manner as to prevent smashing, nicking, cutting or other damage to the cable. When unloading reels from trucks, reels shall not be dropped to the ground or allowed to roll freely down ramps. Cranes or other equipment of adequate capacity shall be utilized, and care shall be taken to avoid damage to the cable or reels. Final lnwection After removing lagging or other protective covering from reels, Contractor shall examine outside layer of each reel to be sure that the cable is undamaged and that no nails, staples, or other sharp objects which would damage the cable during unreeling protrude on the inside of the reelheads. Empty Reels Contractor shall return all empty returnable reels prior to completion of the work as instructed by the Project Coordinator. Contractor shall dispose of all empty non- refundable reels. 106-351 40F 1292 7 13.4 SPLICES Unless otherwise directed, splices shall be made in accordance with SDG&E Standards. The Project Coordinator shall be present when all primary splices are performed, and shall reject those splices which do not comply with SDG&E Standards. Failure to notify the Project Coordinator is justification for rejection of the splices not performed in the Project Coordinator‘s presence. The tools required for splicing the cable shall be furnished by Contractor and approved by SDG&E. 13.5 PROOF TESTING All primary installations shall be proof-tested prior to permanent connection to the distribution system. The Project Coordinator shall be present during all proof testing. Failure to notify the Project Coordinator is justification for rejection of the tests not performed in the Project Coordinators presence. The devices and methods utilized by Contractor for proof testing shall depend upon the circuit configuration and type of equipment. Testing methods shall be in accordance with approved SDG&E procedures. 14.0 SAFEGUARDS All material, work, traffic control and work areas shall comply with all applicable Federal, State, and local safety laws or rules that are necessary to protect Applicant’s and SDG&E’s employees, the public, and workmen during the time of construction. Applicant shall take all steps to protect property adjacent to the construction project from damage resulting from work specified and performed hereunder. 15.0 CHANGES IN WORK Modification of the Specifications may be made in writing by mutual agreement between the Applicant and SDG&E. Requests for changes shall be directed to Planner. Such changes may cause delays in construction and require an engineering fee and revision to the Specifications. Costs resulting from work changes are the Applicant’s responsibility under section 20.0. Minor changes for adverse field conditions may be approved in writing at the job site by the Inspector to facilitate construction. 16.0 PHASING FOR ENERGIZING (Applies only when cabling is installed by SDG&E) When SDG&E and the Applicant agree before the completion of final Specifications, portions of the underground facilities may be phased for energizing before Final Acceptance provided the phasing does not delay completion of the entire project, SDG&E retains control of the energized portion, and the energized area is compatible with the system design and SDG&E’s safety practices. Energizing portions of systems shall in no way relieve the Applicant of any of its duties. 17.0 DRAWINGS AND PRINTS 17.1 Applicant shall at all times maintain a set of the current Specifications at the job site, and these will at all times be available for Inspection by the Inspector who shall have access thereto on request. Applicant shall maintain at the job site any related project plans (e.g. alignment and finish grade of street improvements) approved by the governmental agencies having jurisdiction. 17.2 Prior to energizing, Applicant shall provide as-built drawings of facilities installed by the Applicant or his contractor per SDG&E Standards. 106-3514OF 1292 8 31 I 18.0 RELATIONSHIP OF PARTIES In assuming and performing the obligations of these Contract Documents, Applicant is acting as an independent contractor. Applicant shall assume full responsibility for the ownership, custody, and control of work and facilities to be constructed. All persons employed by Applicant in connection herewith shall be employees of Applicant. SDG&E’s inspections, or any suggestions or objections made by SDG&E shall not constitute or be construed as an exercise of management or supervision over the work, nor shall it be construed as acceptance of the work, or any part thereof, as it progresses, nor shall it limit or affect the right of SDG&E to reject any part or all of the work when completed in case the same does not conform to Contract Documents. 4 19.0 FINAL ACCEPTANCE Final acceptance by SDG&E will be made when Applicant has provided “as-built” drawings and satisfactorily completed all work and improvements as called for in the Contract Documents including reconciliation of materials. SDG&E shall notify Applicant in writing of final acceptance of the work. Failure or neglect on the part of SDG&E to reject inferior work during the construction period shall not be construed to imply acceptance of such work nor to preclude its right to reject it. Applicant shall be required to correct all defects which become evident at any time prior to final acceptance of Applicant’s work by SDG&E. The cost of all such repairs, material, labor, and overheads shall be bome by Applicant. Ownership, custody, and control of the work and facilities shall pass to SDG&E only upon Final Acceptance. 20.0 WARRANTY The Applicant expressly represents and warrants that all work performed and all materials used are free from defects of workmanship and conform to the Applicant‘s Contract obligations. This warranty shall commence upon Final Acceptance and end one year from that date. The Applicant shall pay the actual cost to SDG&E for any breach of this warranty corrected by SDG&E (including labor, material and overheads). If SDG&E is unable to collect for the work after 30 days from completion, the actual cost may be deducted from the Applicant’s refundable monies on deposit with SDG&E. SOG&E may recover such cost by claim against the surety on the performance bond furnished by the Applicant. 21 .O PERMITS AND LICENSES The Applicant shall obtain and pay for all permits and licenses required by governing agencies before starting any work. In the event any governmental agency imposes conditions which necessitate any changes in the trench or conduit system shown on the Specifications, the Applicant agrees not to proceed with any work affected by the conditions until SDG&E has completed the necessary redesign of construction drawings and new agreement documents have been signed by SDG&E and the Applicant. New agreements shall be the standard agreements in effect at the time the changes a made. 22.0 INDEMNITY Applicant will indemndy, defend, hold SDG&E its employees and agents harmless from any and all claims, demands, loss, liability or expense (including attorneys’ fees) for injury to or death of any person, or damage to or destruction of any property, in any way resulting from or connected with the performance of the work by Applicant’s Contractor, its agents, employees, or subcontractors regardless of the negligence of SDG&E except in those cases where SDG&E has been solely negligent or SDG&E’s willful misconduct caused the damage or injury. For purposes of this indemnification, SDG&E’s inspections, objections or comments shall NOT be construed as an exercise of management or supervision. 23.0 PUBLIC RELATIONS The Applicant shall maintain a good public image. Excess soil, litter and debris around the work area shall be removed during construction. Due precaution shall be observed to avoid damage to lawns, trees, shrubs, flowers, fences and other property. All landowners and tenants shall be notified in advance when work interferes with their use of walks, driveways, roadways or entrances. Any disagreements, problems or adverse criticism in connection with the work from area landowners, tenants, the general public or public officials shall be reported promptly to the Project Coordinator. 106-3514OF 1292 9 aa 24.0 UNION LABOR IF APPLICABLE If for any reason, any work is performed by Applicant upon facilities that are at the time of work by Applicant, owned and maintained by SDG&E, Applicant agrees that such work shall be done in compliance with the terms and conditions of that amended Agreement between SDG&E and Local Union 465, International Brotherhood of Electrical Workers, or such other agreements as may be entered into between the Applicants’ Contractor and bonafide unions of international organizations affiliated with the American Federation of Labor and Congress of Industrial Organizations or other bonafide labor organizations. & 25.0 RISK OF LOSS OR DAMAGE The Applicant must take proper care to protect, and avoid any loss or damage to, material and/or equipment furnished by the Applicant or by SDG&E until Final Acceptance. Any damage, injury or loss shall be repaired, corrected or replaced by the Applicant at his sole expense. If the Applicant fails to do so, SDG&E may complete the work and deduct such costs from any amounts due or to become due to Applicant, or SDG&E may, at its option, recover such cost by claim against the surety on the performance bond furnished by Applicant. 26.0 NOTICE OR DEMAND Any notices or demand which may or must be given by either party to the other hereunder unless otherwise specified shall be made in writing and shall be deemed to have been duly given when delivered by personal service, or 24 hours after it is deposited for mailing at San Diego, California, by certified United States mail, postage prepaid, addressed as follows, or to such other place as the parties may hereafter in writing direct: TO UTILITY: San Diego Gas & Electric Company P.O. Box 1831 San Diego, CA 921 124150 TO APPLICANT: Address Attention: Attention: 106-351 40F 1292 10