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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. 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