HomeMy WebLinkAboutSan Diego Gas & Electric Company; 2005-08-29; 2777690 (2)A jg Sempra Energy utility"
Submitted to Applicant by:
Maria Higgins
SDG&E Work Order(s): 2777690
AGREEMENT FOR EXTENSION
AND CONSTRUCTION OF OVERHEAD/UNDERGROUND ELECTRIC FACILITIES
PARTIES
This Agreement, dated $1 <?*-'~7 /O^> , is made and entered into, by and
between SAN DIEGO GAS & ELECTRIC COMPANY, a corporation, hereinafter called "Utility," and
the Carlsbad Municipal Water District, , hereinafter called "Applicant".
a municipal Corporation
RECITALS
Whereas, Applicant requests Utility to furnish overhead/underground electric service to the
development known as Reclycled Water Pump Station located at 6580 Black Rail Rd , Carlsbad.
AGREEMENT
Therefore, in consideration of the mutual promises herein, the parties agree as follows:
1. GENERAL. In accordance with California Public Utilities Commission Rules 15 and/or
16, the allocation of work on Work Order(s) and the cost information summarized in
Appendix A and contained in C, which Appendix is attached hereto and by this reference
incorporated herein, Utility and/or Applicant shall construct an overhead/underground
electric extension.
2. CONTRACT EXPIRATION. Once Applicant has started to perform the work required by
the Contract Documents, Applicant agrees to exercise reasonable diligence in pursuing
such work to completion within one year after the date of the Contract Documents. If
such work has not been completed within one year after the date of the Contract
Documents, Utility shall have the right, upon giving written notice to Applicant, to cancel
and terminate the Contract Documents. If Utility elects to cancel and terminate the
Contract Documents, Utility shall return to Applicant an amount equal to the above cash
advance, minus Utility's costs. "Utility's costs" are defined as the actual costs (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 Applicant's
project, plus the actual costs of removing any of the installed facilities which Utility desires
to salvage, minus the salvage value of such facilities. In the event Utility's costs exceed
the above cash advance, Applicant agrees to pay Utility a sum equal to the amount by
which the Utility's costs exceed the advance. Upon exercise of its right to cancel and
terminate and upon payment to Applicant, all of Utility's obligations under the Contract
Documents shall cease.
3. CONTRACT COMPLIANCE. If, after six (6) months following the date the Utility is first
ready to serve residential loads for which allowances were granted, or one (1) year for
non-residential loads for which allowances were granted, Applicant fails to take service, or
FORM 106-44140 (5/04)
fails to use the service contracted for, Applicant shall pay the Utility an additional
Contribution, based on the allowances for the loads actually installed.
4. EXCESS FACILITIES. If the loads provided by Applicant result in the Utility installing
facilities which are in excess of those needed to serve the actual loads, and the Utility
elects to reduce such excess facilities, Applicant shall pay the Utility its estimated total
cost to remove, abandon, or replace its excess facilities, less the estimated salvage value
of any removed facilities.
5. EASEMENTS. Applicant shall, upon Utility's request, execute Utility's standard form
easements for the construction, service, presence, maintenance or inspection of Utility's
facilities as may be required hereunder.
6. PAYMENT OPTIONS. Applicant has the option of advancing a non-refundable or
refundable amount as described in the Appendix(es). The total refundable amount shall
be subject to refund, without interest, in accordance with the following provisions:
a) Refunds will be made within ninety (90) days after the date Applicant becomes
eligible for a refund, except that refunds may be accumulated to a $50 minimum
or the total refundable balance, if less than $50.
b) Residential. Refunds will be made on the basis of a new customer's permanent
load connecting to the line extension which produces additional revenues to
Utility. Such refundable amount will be that amount which is on file at the time the
refund(s) become eligible. The refund will be deducted from the total refundable
amount, and the remaining amount subject to refund represents that portion of
the extension cost not supported by revenues.
c) Non-Residential. Refunds will be made on the basis of Applicant's or new
customer's permanent load connecting to the line extension which produces
additional revenues to Utility. Utility shall be responsible to review Applicant's
actual base annual revenue for the first three years from the date Utility is first
ready to serve. Applicant shall be responsible for notifying Utility if new,
permanent load is added in the fourth through tenth year from the date Utility is
first ready to serve. Such review shall determine if additional revenue supports
any refunds to Applicant.
d) Applicant Installation. When the Applicant Installation option is selected, refunds
will be made based on the lower of the Utility's estimated refundable costs or the
Applicant's contract anticipated costs, as reported to the Utility, for the work
performed under the Applicant Installation option.
7. ASSIGNMENTS. This Agreement may be assigned by Applicant only upon the
assignee's written acceptance of said assignment, and the prior approval of Utility as
evidenced by written endorsement thereon; however, such approval shall not constitute a
release of Applicant's obligation hereunder unless expressly so provided in said
endorsement. Utility may refuse to accept an assignment of this Agreement unless
executed on form furnished and approved by Utility.
8. COMMISSION CHANGES. Applicant shall be governed by Utility's applicable Rates and
Rules on file with the California Public Utilities Commission, which Rates and Rules are
made a part hereof by reference, and a copy of which will be furnished to Applicant on
request. This Agreement shall at all times be subject to such changes or modifications as
said Commission may, from time to time, direct in the exercise of its jurisdiction.
ELECTRIC AGREEMENT
9. CONSTRUCTION RESPONSIBILITIES. Applicant shall perform at its expense all
trenching/excavation, backfilling and compaction, including furnishing any imported
backfill material required, and will furnish and install all distribution and feeder conduit and
- 2 - FORM 106-44140 (5/04)
substructures required, all in accordance with Utility's General Conditions and
Specifications, attached hereto and made a part hereof by this reference. Upon Utility's
final acceptance of said installation in accordance with the referenced General
Conditions, Applicant hereby grants, sells and conveys to Utility all its rights, title and
interest in and to all materials installed. Once the extension receives final acceptance,
Utility agrees to own, operate and maintain such extension.
10. BETTERMENT. Where mutually agreed upon by Utility and Applicant, Applicant shall
perform additional work to install additional facilities in accordance with Utility's
specifications, timing, and applicable tariffs. Utility shall reimburse Applicant, Utility's
estimated installed cost of such facilities and work, by applying a credit toward Applicant's
advance. Any amount not so credited shall be reimbursed to Applicant upon final
acceptance of the work and facilities by Utility.
11. OWNERSHIP COSTS. When any portion of a refundable amount has not qualified for a
refund at the end of twelve (12) months from the date Utility is first ready to serve,
Applicant will pay to Utility an ownership charge on the remaining refundable balance.
The difference between the total refundable advance and any refunds made or eligible to
be made to Applicant shall serve as the basis of a monthly ownership charge which is
determined as customer financed facilities, in accordance with Rule 2. A monthly
ownership charge is in addition to the refundable amount and will normally be
accumulated and deducted from refunds due to Applicant. This provision does not apply
to individual residential Applicants. Any unrefunded amount remaining at the end of the
ten (10) year period shall become the property of the Utility.
GAS AGREEMENT
12. CONSTRUCTION RESPONSIBILITIES. Utility is responsible for the installation of
distribution main, valves, regulators, and other related distribution equipment required to
complete the extension, including all necessary trenching/excavation, backfilling and
compaction, and any imported backfill material required, as delineated in the Work
Order(s) mentioned herein.
13. CONSTRUCTION OPTIONS. Where mutually agreed upon by Utility and Applicant,
Applicant shall have the option of performing all excavation, backfilling and compaction,
including furnishing any imported backfill material, and substructures required, all in
accordance with Utility's General Conditions and Specifications, attached hereto and
made part hereof by this reference. Utility shall reimburse Applicant, Utility's estimated
installed cost of such facilities and work, by applying a credit toward Applicant's advance.
Any amount not so credited shall be reimbursed to Applicant upon final acceptance of
said work and facilities by Utility.
14. OWNERSHIP COSTS. When any portion of a refundable amount has not qualified for a
refund at the end of thirty-six (36) months from the date Utility is first ready to serve,
Applicant will pay to Utility an ownership charge on the remaining refundable balance.
The difference between the total refundable advance and any refunds made or eligible to
be made to Applicant shall serve as the basis of a monthly ownership charge which is
determined as customer financed facilities, in accordance with Rule 2. A monthly
ownership charge is in addition to the refundable amount and will normally be
accumulated and deducted from refunds due to Applicant. This provision does not apply
to individual residential Applicants. Any unrefunded amount remaining at the end of the
ten (10) year period shall become the property of the Utility.
APPLICANT INSTALLATION
15. Where the Applicant Installation option is selected, the Applicant, shall use qualified
contractors to install that portion of the new extension normally installed by the Utility.
Such installation shall be in accordance with the Utility's design and General Conditions
and Specifications, attached hereto and made a part hereof by this reference. This
contract reflects the lower of the Utility's estimated refundable costs or the Applicant's
contract anticipated costs for the work normally performed by the Utility, unless the
-3- FORM 106-44140 (5/04)
Applicant has declined to provide these costs. The Applicant certifies that any cost
reported to the Utility for the execution of this contract is true and accurate to the
knowledge of the Applicant.
16. PAYMENT OPTIONS. Applicant has chosen one of the following:
N/A A refundable contribution representing the Utility's total estimated installed cost as
described in the Appendix(es) or;
Electric A non-refundable contribution representing a percentage of the refundable
amount as described in the Appendix(es) to this agreement.
17. AUTHORIZED SIGNATURE. 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.
18. EFFECTIVE DATE. The Contract Documents shall become effective only upon the date
signed by the authorized Utility representative.
- 4 - FORM 106-44140 (5/04)
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed for and
on behalf of each, by their duly authorized agents, partners, or corporate officers.
APPLICANT:
Carlsbad Municipal Water District
Applicant Mailing Address:
5950 El Camino Real
Carlsbad, CA 92008
Telephone: (760) 438-2722
Date:
Name: Claude A. Lewis
(Please Print or Type)
PresidentTitle:
By:
Name:
Title:
(Authorized Signature)
(Please Print or Type)
SAN DIEGO GAS & ELECTRIC COMPANY,
a corporation
(Authorized Individualptftility)
Date Executed:
7
Type of Customer (For SDG&E Use Only)
Residential Q Non-Residential £3
Individual D Subdiv/Dev. M
PAID
AU6 9 9 2005
PROJECT MANAGEMEN
-5-FORM 106-44140 (5/04)
$_
$_$
Agreement for Extension & Construction of
Electric & Gas Facilities
APPENDIX A - COST SUMMARY
Following is a summary of the project cost, allowances, refundable amounts, and direct payments
associated with the gas and electric installations covered by this agreement.
1. Amount Due Applicant *
Rule 15 Electric Overhead Line Extension (Appendix _) $
Rule 15 Electric Underground Line Extension (Appendix C)
Rule 15 Gas Main Extension (Appendix _)
Rule 16 Electric Service Installation (Appendix _)
Rule 16 Gas Service Installation (Appendix _)
Total Amount Due Applicant
2. Amount Subject to Future Refund **
Rule 15 Electric Overhead Line Extension (Appendix _)
Rule 15 Electric Underground Line Extension (Appendix _)
Rule 15 Gas Main Extension (Appendix _)
Electric Street Lighting Installation (Appendix _)
Total Amount Subject to Future Refund
3. Amount Due Utility ***
Rule 15 Electric Overhead Line Extension (Appendix _)
Rule 15 Electric Underground Line Extension (Appendix _)
Rule 15 Gas Main Extension (Appendix _)
Rule 16 Electric Service Installation (Appendix _)
Rule 16 Gas Service Installation (Appendix _)
Electric Street Lighting Installation (Appendix _)
Electric Street Light Service Point (Appendix _)
Total Amount Due Utility
4. Allowances Granted to Customer
Electric Residential Allowances ( units X $ /per unit)
Electric Non-Residential Allowances
Gas Residential Allowances ( units X $ /per unit)
(Load: D Heat Q Water Heat D Range D Dryer)
Gas Non-Residential Allowances
Total Allowances Granted to Customer
$197
$197
$
$
$
$
$0
$0
$.
$.
$_
$.$
$0
$_
$47.101
* Amount due applicant will be made after final acceptance of work by utility.
** Future refunds will be made in accordance with the refund provisions in Rule 15.
*** Construction will commence only after receipt of signed agreements, customer payment, and any
other specified project requirements.
All costs included in this summary in sections 1, 2, and 3 include an Income Tax Component of
Contribution (ITCC).
Note: Please see the attached appendices for a detailed accounting of the costs associated with each of
the above installations.
-6-FORM 106-44140 (5/04)
W-9w
(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
CDcn
Q.
co
£§*!
* 3o £11a. u
£
I
<ua>(/)
Carlsbad Municipal Water District
Business name, if different from above
D Individual/ ry-i i — i i — i
Sole proprietor IA 1 Corporation 1 1 Partnership 1 I Other
Address (number, street, and apt. or suite no.)
5950 El Camino Real
City, state, and ZIP code
Carlsbad, CA 92008
List account numbers) here (optional)
D Exempt from backup
withholding
Requester's name and address (optional)
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
or
Employer identification number
9IS+CIOIQHI7I9I3
Certification
Under penalties of perjury, I 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)
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