HomeMy WebLinkAbout2005-07-26; Municipal Water District; 600; Underground Utilities Black Rail Road Reservoirn W > 0 n: a 2
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AB# 600
JITG. 7/26/05
IEPT. ENG
TITLE: AUTHORIZATION TO ADVERTISE FOR BIDS, APPROVAL OF AN
AGREEMENT BETWEEN THE CARLSBAD MUNICIPAL WATER DISTRICT AND
SDG&E AND SBC FOR THE UNDERGROUNDING OF EXISTING OVERHEAD
PROJECT NO. 3954, AND APPROPRIATE FUNDS
UTILITY LINES FOR “D” RESERVOIR - BLACK RAIL ROAD IMPROVEMENTS,
RECOMMENDED ACTION:
Adopt Resolution No. 1253 approving plans and specifications and authorizing the District
Secretary to the Board to advertise for bids for the construction of the “D” Reservoir - Black Rail
Road Improvements, authorizing the President to execute an agreement between the Carlsbad
Municipal Water District and SDG&E and SBC for the undergrounding of existing overhead utility
lines for “D” Reservoir - Black Rail Road Improvements, Project No. 3954, and appropriate funds.
ITEM EXPLANATION:
The “D” Reservoir - Black Rail Road Improvements Project will install public improvements fronting
the “D” Reservoir property along the eastern portion of Black Rail Road generally south of Poinsettia
Lane. Included in this project is the widening of Black Rail Road to collector street standards fronting
District property, installation of curb and gutter, construction of retaining walls, right-of-way
landscaping, and the undergrounding of the existing overhead utilities along the property frontage.
The undergrounding of the overhead utilities was added to the project with the issuance of the
Conditional Use Permit.
In order to underground the existing overhead utilities along the property frontage, the District
desires to enter into an agreement with San Diego Gas & Electric (SDG&E) and Pacific Bell
Telephone Company, dba SBC California (SBC), for replacement of overhead utilities with underground facilities (Agreements) as required by “D” Reservoir - Black Rail Road Improvements,
Project No. 3954.
Pursuant to the Agreements, the District will construct the underground conduits and substructures;
whereas, SDG&E will provide the removal of the overhead facilities and power poles.
ENVIRONMENTAL REVIEW:
On October 1, 2003, the Planning Commission adopted a Negative Declaration and approved a
Conditional Use Permit (CUP 03-15) by Planning Commission Resolution No. 5443.
FISCAL IMPACT:
This agenda item is for the authorization to advertise for bids for the construction and the approval
of the utility undergrounding Agreements for “D” Reservoir - Black Rail Road Improvements Project
and for an additional appropriation. The Engineer’s Estimate for the construction of the “D” Reservoir - Black Rail Road Improvements Project is $1 10,000 as shown below in Table 1.
TABLE I
I
Page 2 of Agenda Bill No. 600
The utility undergrounding Agreements are requirements of the Conditional Use Permit. The SDG&E
agreement total is $60,746 and includes a service cost of $345. The SBC agreement amount is
$86,583. The total cost of the Agreements is $147,329. An appropriation of $112,500 from the
Water Replacement Fund will be necessary to complete this portion of the project.
EXHIBITS:
1.
2.
3.
4.
5.
Location Map.
Resolution No. 1253 authorizing the District Secretary to the Board to advertise for
bids for the construction of the “D” Reservoir - Black Rail Road Improvements, authorizing the
President to execute an agreement between the Carlsbad Municipal Water District and
SDG&E and SBC for undergrounding of existing overhead utility lines for “D” Reservoir -
Black Rail Road Improvements, Project No. 3954, and appropriate funds.
Agreement for Replacement of Overhead with Underground Facilities with SDG&E for
“D” Reservoir - Black Rail Road Improvements, Project No. 3954.
Agreement for Extension and Construction of Overhead/Undergrounding Electric Facilities with
SDG&E for ‘ID” Reservoir - Black Rail Road Improvements, Project No. 3954.
Agreement for Ariel to Underground Conversion with SBC for “D” Reservoir - Black Rail Road
Improvements, Project No. 3954.
DEPARTMENT CONTACT: Christopher Muehlbacher, (760) 602-2736, cmueh Bci.carlsbad.ca.us
d
LOCATION MAP
LEGEND:
FRONTAGE WIDENING AND CONVERSION OF OVERHEAD UTILI TIES
-
NOT Td SCALE
SI
I
PROJECT EXHIBIT "D " RESERVOIR I NUMBER I I PROJECT NAME
BLACK RAIL ROAD IMPROVEMENTS 3954
I I
3 IHN BY: SCOTT EVANS. CARLSBAD ENGINEERING DEPT. 7/6/05 C: \CAPITAL \MUEHLBACHER\3954.DW
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RESOLUTION NO. 1253
A RESOLUTION OF THE BOARD OF DIRECTORS OF CARLSBAD
MUNICIPAL WATER DISTRICT (CMWD), APPROVING PLANS AND
SPECIFICATIONS AND AUTHORIZING THE DISTRICT SECRETARY TO
ADVERTISE FOR BIDS FOR THE CONSTRUCTION OF THE
AGREEMENTS WITH SDG&E AND SBC FOR UNDERGROUNDING
RAIL ROAD IMPROVEMENTS, PROJECT NO. 3954, AND
APPROPRIATE FUNDS.
“D” RESERVOIR - BLACK RAIL ROAD IMPROVEMENTS, APPROVING
EXISTING OVERHEAD UTILITY LINES FOR “D” RESERVOIR - BLACK
WHEREAS, the Board of Directors of Carlsbad Municipal Water District has determined it
necessary, desirable, and in the public interest to construct the “D” Reservoir - Black Rail Road
Improvements, Project No. 3954, and to approve the agreements for undergrounding existing
werhead utility lines with SDG&E and SBC; and
WHEREAS, the plans and specifications for furnishing of all labor, materials, tools,
squipment, transportation, and other expenses necessary or incidental to said project have been
wepared and are on file in the Engineering Department of the City of Carlsbad and are
incorporated by reference herein; and
WHEREAS, funding in the amount of $182,500 was appropriated for the ‘ID” Reservoir -
Black Rail Road Improvement Project No. 3954; and
WHEREAS, the estimated cost for “D” Reservoir - Black Rail Road Improvement Project
No. 3954 is $295,000; and
WHEREAS, the undergrounding of existing overhead utility lines was a condition of the
Zonditional Use Permit; and
WHEREAS, additional funds in the amount of $112,500 is needed to pay for the
mdergrounding.
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of Carlsbad Municipal
Nater District (CMWD) of the City of Carlsbad, California, as follows:
1.
2. That the plans, specifications, and contract documents, on file in the
3ity Engineer’s off ice, as described for the “D” Reservoir - Black Rail Road Improvements Project
Yo. 3954, are hereby approved.
That the above recitations are true and correct.
3. That an additional $1 12,500 shall be appropriated from the Water Replacement
=und to Project No. 3954.
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4. The District Secretary of the Carlsbad Municipal Water District is hereby authorized
and directed to publish, in accordance with State law, a Notice to Contractors Inviting Bids for the
construction of the “D” Reservoir - Black Rail Road Improvements Project No. 3954, in
accordance with the plans, specifications, and contract documents referred to herein.
5. That the Agreement for Replacement of Overhead with Underground Facilities with
SDG&E for “D” Reservoir - Black Rail Road Improvements, Project No. 3954 is hereby approved
in the amount of $60,746 and that the President is authorized and directed to execute said
Agreement.
6. That the Agreement for Extension and Construction of Overhead/Undergrounding
Electric Facilities with SDG&E for “D” Reservoir - Black Rail Road Improvements, Project No.
3954, is hereby approved and that the President is authorized and directed to execute said
Agreement.
7. That the Agreement for Ariel to Underground Conversion with SBC for
‘ID” Reservoir - Black Rail Road Improvements, Project No. 3954, is hereby approved in the
amount of $86,583 and that the President is authorized and directed to execute said Agreement.
8. The District Secretary is authorized and directed to forward the originals of the
signed Agreements to the Engineering Department for processing with the utility companies.
PASSED, APPROVED AND ADOPTED at a special meeting of the Carlsbad Municipal
Water District held on the 26th day of JULY , 2005 by the following vote, to wit:
AYES: Board- Members Lewis, Hall, Kulchin, Packard, Sigafoose
NOES: None
5
SDGJ
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)
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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
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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
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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AERIAL TO UNDERGROUND CONVERSION AGREEMENT
(APPLICANT TO CONSTRUCT USS)
(RULE 32.A.2)
BETWEEN
CARLSBAD MUNICIPAL WATER DISTRICT
5950 El Camino Real
CARLSBAD, CA 92008
and
PACIFIC BELL TELEPHONE COMPANY
DBA SBC CALIFORNIA
RE
BLACK RAIL ROAD
PROJECT NO 3904
324596 (Rev. 3/24/04)
Aerial to Underground Conversion
Construction Agreement
TABLE OF CONTENTS
I. DEF
II. REC
III. SPEi
A.
B.
C.
D.
E.
F.
G.
H.
I.
J.
K.
L.
M.
N.
O.
P.
Q.
IV. GE1N
1NITIONS
TTALS
CIFIC PROVISIONS
Tariff
Construction
Term
Title
Tax Liability
Payment
Cancellation, Modification or Deferment
Indemnity, Limitation of Liability
Insurance
Warranty
Liens
Licenses and Easements
Performance
Damage to Facilities
Schedule of Work
Force Majeure
Compliance With Laws
[ERAL PROVISIONS
1
1
1
2
2
3
3
3
4
4
4
5
6
6
6
7
7
7
7
7
8
A. Assignment 8
B. Binding Effect 8
C. Termination 8
D. Attorneys' Fees 8
E. Entire Agreement 8
324596 (Rev. 3/24/04)
Aerial to Underground Conversion
Construction Agreement
33
F. Independent Contractor 9
G. Jurisdiction 9
H. Notices 9
I. Waiver and Amendment 9
Exhibit A Executive Orders and Associated Regulations
324596 (Rev. 3/24/04)
Aerial to Underground Conversion
Construction Agreement
Carlsbad Municipal Water District
THIS AGREEMENT ("Agreement") is between (Si^S?€Sl*SB*l, a California corporation
("Applicant"), and PACIFIC BELL TELEPHONE COMPANY, a California corporation doing
business as SBC CALIFORNIA ("SBC") (collectively the "Parties").
I.
n.
DEFINITIONS.
As used in this Agreement, the following terms apply:
A. The term 'Tariff" refers to Schedule Cal. P.U.C. No. A2, Rule 32.A.2.
B. The terms "Underground Supporting Structure" and "USS" include, but are not
limited to, conduit, manholes, service boxes, and related equipment.
C. The terms "Trench" and 'Trenching" include, but are not limited to, excavating,
backfilling, compacting, and, as necessary, breaking and replacing pavement,
sidewalks, driveways, curbs and gutters, and restoring all other surface features
disturbed by underground construction including landscaping, plus the cost of
performing such work.
D. The term "Hazardous Substance" refers to any substance, material or chemical
that is or becomes regulated under applicable local, state, or federal law,
regulation, or ordinance.
E. The term "District" refers to the area in/on/along Black Rail Road where the
undergrounding of existing aerial facilities is to take place.
F. The term "Project" means all of the work required to underground existing aerial
facilities within the District.
G. The term "CPUC" refers to the California Public Utilities Commission.
RECITALS.
A.
B.
Applicant has asked SBC to replace its existing aerial communication facilities
with underground communication facilities within the District.
SBC is willing to underground its existing aerial communication facilities within
the District, subject to the terms and conditions of this Agreement.
In consideration of the above, the Parties agree as follows:
III. SPECIFIC PROVISIONS.
324596 (Rev. 3/24/04)
Aerial to Underground Conversion
Construction Agreement
Page 1 of9
• tr
A. Tariff.
The Project will be conducted in accordance with the Tariff.
B. Construction.
1. Upon receipt of a copy of this Agreement that has been executed by
Applicant and the advance payment described in Section HLG, SBC will
engineer and perform the work required to convert its existing aerial
facilities to underground facilities in the area in the District shown on
Applicants' plans, which are attached hereto as Exhibit A.
2. If, during the installation or construction of communications facilities,
SBC employees, subcontractors, or agents encounter any Hazardous
Substance(s) that may be disturbed by SBC's activities:
a. SBC shall give prompt written notice of the discovery of the
Hazardous Substance(s) to Applicant;
b. SBC shall suspend performance under this Agreement until (1)
containment and removal of the Hazardous Substance(s) has been
completed and approved by the appropriate governmental
agency(ies), if such approval is required, or approved by SBC if
governmental agency(ies) approval is not required, or (2) Applicant
reasonably demonstrates that the Hazardous Substance(s) will not
be disturbed by SBC's activities;
c. SBC's performance of its obligations under this Agreement is
extended for the amount of time which it takes to complete
containment/removal of the Hazardous Substance(s); and,
d. If Applicant elects not to remove/contain the Hazardous
Substance(s), SBC may terminate this Agreement without further
liability by giving advance notice to Applicant no later than ten
(10) days after the date the Applicant notifies SBC of its decision
not to remove/contain the Hazardous Substance(s). In this case,
Applicant shall reimburse SBC for SBC's share of the USS cost
paid by SBC and for the costs incurred by SBC for the placement
of cables and wiring on the Project and the wrecking associated
with that placement up to the effective date of the termination.
Upon such payment, Applicant shall become the owner of said
wire and cables.
3. Applicant shall be responsible for the construction and installation of the
necessary USS along the public way and utility rights of way in the
District and shall prepare all documents necessary to coordinate and
implement the Project plans. The documents shall include, but shall not
be limited to: (a) Project Plans and Specifications, which shall be prepared
324596 (Rev. 3/24/04)
Aerial to Underground Conversion
Construction Agreement
Page 2 of9
in accordance with specifications and drawings furnished to Applicant by
SBC; (b) documents that delineate all USS to be constructed and installed
within the District; (c) a Bid Package covering the construction and
installation of the USS for which Applicant is responsible; (d) separate
agreements with Participants pertaining to the construction of facilities for
the Project; and (e) a contract ("Contract") with an independent contractor
for the construction and installation of USS for which Applicant is
responsible under the Project. APPLICANT SHALL NOT DEVIATE
FROM SBC'S TRENCH SPECIFICATIONS WITHOUT SBC'S
PRIOR WRITTEN CONSENT.
2. Applicant shall award the Contract to a qualified bidder. The terms and
conditions of the Contract shall oblige the Contractor to furnish all
materials, adhere to the Project Plans and Specifications, and install the
USS at the locations designated on the map attached to this Agreement as
Exhibit A. Applicant shall have full supervision of and control over the
independent contractor's construction and installation of the USS.
However, SBC shall be given the opportunity to inspect the construction
and installation of the USS and to coordinate with Applicant to ensure that
the construction and installation are completed in accordance with the
Project plans and specifications.
Applicant shall require all property owners who are served by the aerial
facilities to be replaced within the District to provide and maintain the
USS on their property.
C. Term.
This Agreement is effective upon execution and shall continue in effect until
terminated or canceled as provided by law or this Agreement.
D. Title
Upon inspection and acceptance in writing of the USS by SBC, title to the USS
and all associated communications facilities placed by or for SBC, except the
underground service connections, shall vest in SBC, provided that such is free of
all liens and encumbrances.
E. Tax Liability
Applicant shall pay, and hold SBC harmless from and against, all penalties,
interest, taxes or other charges that are levied or assessed against Applicant.
F. Payment.
324596 (Rev. 3/24/04)
Aerial to Underground Conversion
Construction Agreement
Page 3 of9
;i
If applicable, Applicant shall pay to SBC a tax component of Sixteen Thousand
Nine Hundred Twenty Nine Dollars and Seventy Six Cents/$ 16,929.76 for
Federal and State Income Tax in accordance with CPUC decision 87-09-026.
G. Cancellation, Modification or Deferment.
If Applicant cancels, modifies or defers its request for conversion of the aerial
facilities to underground facilities within the District, Applicant shall pay all
charges incurred by SBC, in accordance with the Tariff.
H. Indemnity; Limitation of Liability.
1. Applicant shall indemnify, defend at SBC's request and at no cost or
expense to SBC, and hold harmless SBC and its officers, agents and
employees, as well as its associated and affiliated companies and their
respective officers, agents, and employees ("Indemnitees"), from and
against any and all losses, damages, expenses, costs, penalties, fines, fees
(including reasonable attorney's and consultant's fees), or liabilities
(collectively "Liabilities"), incurred as a result of any injury to or death of
any person(s) or damage to any property(ies) arising out of or in
connection with the materials used or the work performed by Applicant
under this Agreement or the condition of the Project's property, including
environmental contamination, except where such Liabilities are caused by
the sole negligence or willful misconduct of Indemnitees.
2. SBC shall notify Applicant within a reasonable time of any written claim
or demand against SBC for which Applicant is responsible under this
section. Applicant shall also (a) keep SBC fully informed as to the
progress of such defense, and (b) afford SBC, at its own expense, an
opportunity to participate with Applicant in the defense or settlement of
such claims, demand, lawsuits or other legal proceedings.
3. These indemnities shall survive the termination or cancellation of this
Agreement or any provision to the contrary herein.
4. IN NO EVENT WILL SBC BE LIABLE TO APPLICANT FOR
INCIDENTAL, SPECIAL, INDIRECT, PUNITIVE, OR
CONSEQUENTIAL DAMAGES, WHETHER BY TORT OR
CONTRACT, INCLUDING LOST REVENUES, LOSS OF PROFITS OR
OTHER COMMERCIAL OR ECONOMIC LOSS ARISING OUT OF
THE PERFORMANCE OF THIS CONTRACT, INCLUDING,
WITHOUT LIMITATION, NEGLIGENT PERFORMANCE OR
FAILURE TO PERFORM, OR A DEFECT OR FAILURE TO
PERFORM OR DEFECT OF CABLE OR WIRING, REGARDLESS OF
THE FORESEEABILITY THEREOF.
I. Insurance.
324596 (Rev. 3/24/04)
Aerial to Underground Conversion
Construction Agreement
Page 4 of 9
With respect to performance hereunder, and in addition to Applicant's obligation
to indemnify, Applicant agrees to maintain, at all times during the term of this
Agreement, the following minimum insurance coverages and limits and any
additional insurance and/or bonds required by law:
1. Worker's Compensation insurance covering Applicant's full liability
under the worker's compensation laws of California and Employers
Liability insurance with minimum limits of $100,000 for Bodily Injury-
each accident, $500,000 for Bodily Injury by disease-policy limits and
$100,000 for Bodily Injury by disease-each employee.
2. Commercial General Liability insurance with minimum limits of:
$2,000,000 general aggregate limit; $1,000,000 each occurrence sub-limit
for all bodily injury or property damage incurred in any one occurrence;
$1,000,000 each occurrence sub-limit for Personal Injury and
Advertising; $2,000,000 Products/Completed Operations aggregate limit,
with a $1,000,000 each occurrence sub-limit for Products/Completed
Operations.
SBC will be named as an additional insured on the Commercial General
Liability policy.
3. If use of a motor vehicle is required, Automobile Liability insurance with
minimum limits of $1,000,000 combined single limits per occurrence for
bodily injury and property damage, which coverage shall extend to all
owned, hired and non-owned vehicles.
4. SBC requires that companies affording insurance coverage have a rating
of B+ or better and a Financial Size Category rating of VII or better, as
rated in the A.M. Best Key Rating Guide for Property and Casualty
Insurance Companies.
5. A certificate of insurance stating the types of insurance and policy limits
provided the Applicant must be received prior to commencement of any
work.
The cancellation clause on the certificate of insurance will be amended to
read as follows:
"THE ISSUING COMPANY WILL MAIL 30 DAYS
WRITTEN NOTICE TO THE CERTIFICATE HOLDER
PRIOR TO CANCELLATION OR A MATERIAL
CHANGE TO POLICY DESCRIBED ABOVE."
324596 (Rev. 3/24/04)
Aerial to Underground Conversion
Construction Agreement
Page 5 of 9
6. Applicant shall also require all subcontractors performing work on the
Project or who may enter upon the work site to maintain the same
insurance requirements listed above.
J. Warranty.
1. Applicant warrants that that for a period of two (2) years following
acceptance of the USS by SBC, all work and materials to be furnished
under this Agreement:
a. shall conform in all respects to the requirements of this Agreement;
b. are adequate for the purposes for which they are intended;
c. are free from any defects in design, materials, workmanship and
title including, but not limited to, defects that will cause caving or
sinking of the Trench, the USS, paving, or other materials.
2. Applicant warrants that qualified personnel will perform all work
promptly and with diligence, to SBC's reasonable satisfaction, and that all
work and materials shall be subject to all statutory and express or implied
warranties. This warranty shall survive inspection, acceptance,
termination and payment.
3. Except as disclosed to and acknowledged by SBC in writing, Applicant is
not aware of the presence of any Hazardous Substance at the locations on
the Project where SBC will be installing cable and wiring and performing
wrecking in association with such installations.
K. Liens.
Applicant and its agents and contractors shall keep the USS free from any
statutory or common law lien arising out of any work performed, materials
furnished or obligations incurred by Applicant, its agents or contractors, hi the
event a lien is recorded against the USS and it is not removed from the record
within ten (10) days after notice is given by SBC to Applicant to do so, SBC shall
have the right to pay and discharge the lien without regard to whether the lien
shall be lawful, valid or correct. Applicant shall, within thirty (30) days after
receiving written notice from SBC, reimburse SBC for any such claim paid by it.
L. Licenses and Easements.
Prior to construction of the Project, Applicant shall, at no cost to SBC, furnish
SBC with any and all licenses or grants of easements that are necessary to
accommodate the Project, including the construction and maintenance of SBC's
facilities.
324596 (Rev. 3/24/04)
Aerial to Underground Conversion
Construction Agreement
Page 6 of9
M. Performance.
If Applicant should default in the performance of any work that it is obligated to
perform under this Agreement within the time allowed for such work, SBC may
elect, by written notice to Applicant, to perform the work at Applicant's sole risk
and expense and Applicant shall pay to SBC upon demand SBC's actual costs for
performing the work.
N. Damage to Facilities.
Applicant and its employees, agents and contractors shall exercise special
precaution and care to avoid causing damage to SBC's facilities in performing
work under the Project. Applicant shall assume responsibility for any and all
losses, costs and expenses arising out of, caused by, or in any way connected with
such damages, including consequential damages. Applicant shall immediately
report in writing the occurrence of any such damage to SBC. Applicant shall, on
demand, reimburse SBC for the entire expense incurred in replacing or repairing
the damage.
O. Schedule of Work.
SBC shall not commence detailed engineering of the Project prior to receiving a
copy of this Agreement that has been executed by Applicant. SBC shall have its
facilities converted contingent upon mutually acceptable schedules, timely
obtaining of permits, licenses and other documents, and not being delayed by
those uncontrollable forces described in Section ni.Q below.
P. Force Majeure.
SBC shall not be held liable to Applicant for any delay in performance under this
Agreement from any cause beyond its control and without its fault or negligence,
such as acts of God, acts of civil or military authority, government regulations, the
presence of archeological or historical artifacts or Hazardous Substances on, in, or
near the Project, embargoes, epidemics, war, terrorist acts, riots, insurrections,
fires, explosions, earthquakes, nuclear accidents, floods, strikes, power blackouts,
volcanic action, other major environmental disturbances, unusually severe
weather conditions, inability to secure products or services of other persons or
transportation facilities, or acts or omissions of carriers. If any of the foregoing
events occur, SBC agrees, if requested by Applicant, to accelerate its efforts
hereunder if reasonably feasible in order to regain lost time, so long as Applicant
agrees to reimburse SBC for the incremental actual costs of such efforts.
Q. Compliance With Laws.
Applicant shall comply with all applicable federal, state, county, and local
statutes, laws, ordinances, regulations, and codes. Applicant further agrees to
comply with all applicable Executive Orders and regulations, including, but not
324596 (Rev. 3/24/04)
Aerial to Underground Conversion
Construction Agreement
Page 7 of9
limited to, those that are attached to this Agreement as Exhibit C. As used in
Exhibit C, "Contractor" means Applicant.
IV. GENERAL PROVISIONS.
A. Assignment.
Applicant shall not wholly or partially assign this Agreement without the prior
written consent of SBC.
B. Binding Effect.
This Agreement shall be for the benefit of and is binding upon the respective
successors and assigns of the parties hereto.
C. Termination.
This Agreement automatically terminates upon completion and acceptance of the
USS by SBC. In the event of any material default or breach of this Agreement by
Applicant, in addition to all other rights and remedies which SBC may have at law
or in equity, SBC shall have the immediate right to terminate this Agreement by
giving ten (10) days prior written notice of termination. The notice shall specify
the cause of termination and shall give Applicant a reasonable opportunity to cure
and correct any such cause, hi the event this Agreement is terminated or
suspended as provided herein, SBC shall not be liable to Applicant or any other
person or entity for any losses, damages or claims that arise as a result of
termination. Applicant shall pay to SBC all costs and expenses incurred by SBC
prior to termination of this Agreement. Any termination of this Agreement in
whole or in part shall not release Applicant from any liability or obligation under
this Agreement, whether of indemnity or otherwise, that accrued or that may be
accruing or that arises out of any claim that may have accrued or may be accruing
at the time of termination.
D. Attorneys' Fees.
If any action is brought to adjudicate the rights granted in this Agreement or to
enforce any of the terms of this Agreement, the prevailing party shall be entitled to
an award of reasonable attorneys' fees in an amount to be determined by a court or
a tribunal of competent jurisdiction.
E. Entire Agreement.
This Agreement and the Exhibits attached hereto that are incorporated herein by
this reference constitute the entire Agreement between the parties with respect to
the subject matter hereof. All prior agreements, representations, statements,
negotiations and understandings are superseded.
324596 (Rev. 3/24/04)
Aerial to Underground Conversion
Construction Agreement
Page 8 of9
F. Independent Contractor.
Applicant and its agents, employees and contractors shall perform all work under
this Agreement as independent contractors and not as affiliates, partners, joint
ventures, agents, employees, servants or assigns of SBC.
G. Jurisdiction.
This Agreement shall be governed by the laws of the State of California and is
subject to the applicable rules, regulations and tariffs on file with the CPUC.
H. Notices.
All notices and other communications hereunder shall be in writing addressed as
follows and shall be deemed given when: delivered in person, delivered to an
agent, such as an overnight or similar delivery service, or three days after being
deposited in the United States mail, postage prepaid:
APPLICANT
1635 Faraday Avenue
Carlsbad, CA 92008
SBC California
4220 Arizona Street, Room 200
San Diego, CA 92104
I. Waiver and Amendment.
The provisions of this Agreement shall not be waived, altered, or amended by any
representations or promises of any party unless consented to in writing by all
parties hereto.
The duly authorized representatives of Applicant and SBC have executed this Agreement by
affixing their signatures on the dates indicated below.
CITY OF CARLSBAD
Title:
PrintedName:(^L/3aOg
Date Signed: f" */-
PACIFIC BELL TELEPHONE COMPANY
By:
Title:
Printed Name: AAAftY G.
Date Signed: 1-J4-Q5
324596 (Rev. 3/24/04)
Aerial to Underground Conversion
Construction Agreement
Page 9 of9
Exhibit A
Executive Orders and Associated Regulations
SBC California and SBC Nevada, as common carriers of telecommunications services, engage in
work as contractors for various departments and agencies of the United States Government Also,
certain facilities may be constructed pursuant to federally assisted construction programs.
Because of the foregoing, work under this contract may be subject to the provisions of certain
Executive Orders, federal laws and associated regulations. To the extent that such Executive
Orders, federal laws and associated regulations apply to the work under this contract, and only to
that extent, Contractor agrees to comply with the provisions of aU such Executive Orders, federal
laws and associated regulations as no in force or as may be amended in the future, including, but
not limited to the following:
1. EQUAL EMPLOYMENT OPPORTUNITY PROVISIONS.
In accordance with Executive Order 11246, dated September24, 1965, and 41 C.F.R. § 60-1.4,
the parties incorporate herein by this reference the regulations and contract clauses required by
those provisions to be made a part of nonexempt contracts and subcontracts.
2. CERTIFICATION OF NONSEGREGATED FACILITIES.
In accordance with Executive Order 11246, dated September 24, 1965, and 41 C.F.R. § 60-1.8,
Contractor certifies that it does not and will not maintain or provide for its employees any facilities
segregated on the basis of race, color, religion, sex, or national origin at any of its establishments,
and that it does not and will not permit its employees to perform their services at any location
under its control, where such segregated facilities are maintained. The term "facilities" as used
herein means waiting rooms, work areas, restaurants and other eating areas, time clocks,
restrooms, wash rooms, locker rooms and other storage or dressing areas, parking lots, drinking
fountains, recreation or entertainment areas, transportation, and housing facilities provided for
employees, provided that separate or single-user toilet and necessary changing facilities shall be
provided to assure privacy between the sexes. Contractor will obtain similar certifications from
proposed subcontractors prior to the award of any nonexempt subcontract.
3. CERTIFICATION OF AFFIRMATIVE ACTION PROGRAM.
Contractor certified that it has developed and is maintaining an Affirmative Action Plan as
required by 41 C.F.R. § 60-1.40.
4. CERTIFICATION OF FILING.
Contractor certifies that it will file annually, on or before the 31" of March, complete and accurate
reports on Standard Form 100 (EEO-1) or such forms as may be promulgated in its place as
required by 41 C.F.R. § 60-1.7.
5. AFFIRMATIVE ACTION FOR DISABLED VETERANS AND VETERANS OF THE
VIETNAM ERA.
In accordance with Executive Order 11701, dated January 24, 1973, and 41 C.F.R. 60-250.20, the
parties incorporate herein by this reference the regulations and contract clauses required by those
provisions to be made a part of Government contracts and subcontracts.
6. AFFIRMATIVE ACTION FOR HANDICAPPED PERSONS.
In accordance with Executive Order 11758, dated January 15,1974, and 41 C.F.R. § 60-741.20,
the parties incorporate herein by this reference the regulations and contract clauses required by
those provisions to be made a part of Government contracts and subcontracts.
7. UTILIZATION OF SMALL BUSINESS CONCERNS AND SMALL
DISADVANTAGED BUSINESS CONCERNS.
48 C.F.R., Ch. 1,§ 19.740(4) and 19.708(a) require that the following clause is included:
Utilization of Small Business concerns and Small Disadvantaged Business Concerns (June,
1985)
(a) It is the policy of the United States that small business concerns and small business
concerns owned and controlled by socially and economically disadvantaged individuals shall have
the maximum practicable opportunity to participate in performing contracts let by and Federal
agency, including contracts and subcontracts for subsystems, assemblies, components, and related
services for major systems. It is further the policy of the United States that its prime contractors
establish procedures to ensure the timely payment of amounts due pursuant to the terms of their
subcontracts with small business concerns and small business concerns owned and controlled by
socially and economically disadvantaged individuals.
(b) The Contractor hereby agrees to carry out this policy in the awarding of subcontracts to
the fullest extent consistent with efficient contract performance. The Contractor further agrees to
cooperate in any studies or surveys as may be conducted by the United States Small Business
Administration or the awarding agency of the United States as may be necessary to determine the
extent of the Contractor's compliance with this clause.
(c) As used in this contract, the term "small business concern" shall mean a small business
as defined pursuant to section 3 of the Small Business Act and relevant regulations promulgated
pursuant thereto. The term "small business concern owned and controlled by socially and
economically disadvantaged individuals" shall mean a small business concern:
(1) Which is at least 51 percent owned by one or more socially and economically
disadvantaged individuals; or, in the case of any publicly owned businesses, at least 51 percent of
the stock of which is owned by one or more socially and economically disadvantaged individuals;
and
(2) Whose management and daily business operations are controlled by one or more
of such individuals.
The Contractor shall presume that socially and economically disadvantaged individuals include
Black Americans, Hispanic Americans, Native Americans, Asian-Pacific Americans, Asian-Indian
Americans and other minorities, or any other individual found to be disadvantaged by the
Administration pursuant to section 8(a) of the Small Business Act.
(d) Contractors acting in good faith may rely on written representations by their
subcontractors regarding their status as either a small business concern or a small business concert
owned and controlled by socially and economically disadvantaged individuals.
Small Business and Small Disadvantaged Business Subcontracting Plan.
Contractor, unless it is a small business concern, as defined in section 3 of the Small Business Act
agrees to adopt and comply with a small business and small disadvantaged business subcontractin;
plan, which shall be included in and made a part of this contract. The parties incorporate herein b]
this reference the regulations and contract clauses required by 48 C.F.R., Ch. 1, §§ 19.704(4) and
19.708(b) to be made a part of Government contracts and subcontracts.
8. WOMEN-OWNED SMALL BUSINESSES.
As prescribed in 48 C.F.R., Ch. 1, § 19.902, the following clause is included in solicitations and
contracts when the contract amount is expected to be over the small purchase threshold, unless (a)
the contract is to be performed entirely outside the United States, its possessions, Puerto Rico, am
the Trust Territory of the Pacific Islands, or (b) a personal services contract is contemplate:
(a) "Woman-owned small businesses," as used in this clause, means businesses that are at
least 51 percent owned by women who are United States citizens and who also control and
operate the business.
"Control," as used in this clause, means exercising the power to make policy decisions.
"Operate," as used in this clause, means being actively involved in the day-to-day
management of the business.
(b) Policy. It is the policy of the Government to award contracts to concerns that agree to
perform substantially in labor surplus areas (LSA's) when this can be done consistent with the
efficient performance of the contract and at prices no higher than are obtainable elsewhere. The
Contractor agrees to use its best efforts to place subcontracts in accordance with this policy.
(c) Order of Preference. In complying with paragraph (b) above and with paragraph (c) of
the clause of this contract entitled Utilization of Small Business Concerns and Small
Disadvantaged Business Concerns, the Contractor shall observe the following order of preference
in awarding subcontracts: (1) small business concerns that are LSA concerns, (2) other small
business concerns, and (3) other LSA concerns.
(d) Definitions. "Labor surplus area," as used in this clause, means a geographical area
identified by the Department of Labor in accordance with 20 C.F.R. § 654, Subpart A, as an area
of concentrated unemployment or underemployment or an area of labor surplus.
"Labor surplus area concern," as used in this clause, means a concern that together with its
first-tier subcontractors will perform substantially in labor surplus areas. Performance is
substantially in labor surplus area if the costs incurred under the contract on account of
manufacturing, production, or performance of appropriate services in labor surplus areas exceed
50 percent of the contract price.
Labor Surplus Area Subcontract Program.
(a) See the Utilization of Labor Surplus Area Concerns clause of this contract for
applicable definitions.
(b) The Contractor agrees to establish and conduct a program to encourage labor surplus
area (LSA) concerns to compete for subcontracts within their capabilities at prices no higher than
obtainable elsewhere. The contractor shall —
(1) Designate a liaison officer who will (i) maintain liaison with authorized
representatives of the Government on LSA matters, (ii) supervise compliance with the Utilization
of Labor Surplus Area Concerns clause, and (iii) administer the Contractor's labor surplus area
subcontracting program;
(2) Provide adequate and timely consideration of the potentialities of LSA concerns
in all make-or-buy decisions;
(3) Ensure that LSA concerns have an equitable opportunity to compete for
subcontracts, particularly by arranging solicitations, time for the preparation of offers, quantities,
specifications, and delivery schedules so as to facilitate the participation of LSA concerns;
(4) include the Utilization of Labor Surplus Area Concerns clause in subcontracts
that offer substantial LSA subcontracting opportunities; and
(5) Maintain records showing (i) the procedures adopted and (ii) the Contractor's
performance, to comply with this clause. The records will be kept available for review by the
Government until the expiration of 1 year after the award of this contract, or for such longer perioc
as may be required by any other clause of this contract or by applicable law or regulations.
(c) The Contractor further agrees to insert in any related subcontract that may exceed
$500,000 and that contains the Utilization of Labor Surplus Area Concerns clause, terms that
conform substantially to the language of this clause, including this paragraph (c), and to notify the
Contracting Officer of the names of subcontractors.
324596
Order# 5395637
4220 Arizona St.
San Diego, CA 92104
APPLICATION and LETTER OF AGENCY FOR CUSTOM WORK
06/24/05 Order Number: 5395637
Customer Billing Telephone Number: (760)602-2736
BILL TO: City of Carlsbad, Attn: Chris Muehlbacher, 1635 Faraday Avenue, Carlsbad, CA 92008.
DESCRIPTION OF CUSTOM WORK: Convert telephone facilities from aerial to underground on Black Rail
Road for City Project No 3904
CHARGE FOR CUSTOM WORK CONTRACT PRICE: $86,583.14
Applicant requests that SBC act as its agent in performing the above-described custom work on Applicant's behalf.
Applicant agrees to pay the charge(s) indicated above for such work. The charge(s) will be computed in
accordance with SBC's ordinary accounting practices under the Uniform System of Accounts for Class A
telephone companies and will include allocated costs for labor, engineering, materials, transportation, motor
vehicles, tool and supply expenses and sundry billings from sub-contractors and suppliers for work and materials
related to the job.
Applicant agrees to make an advance payment of $86,583.14 prior to commencement of the work. Applicant
agrees to pay the contract price as stated above.
If the applicant cancels the work prior to completion, Applicant agrees to pay SBC for the costs it has incurred in
starting performance under the contract and before being notified to cease only.
The price is guaranteed for 60 days from 06/24/05. If the charges are not accepted within 60 days the order will
be cancelled and a new order will need to be placed. The second estimate may be higher than the price that was
originally quoted.
ACCEPTED FOR SBC:
or Title: ManagePEngineer
Relationship to Company or Individual SBC
Company: Claude A. Lewis, President
Carlsbad Municipal Water District
Date:Date: 06/24/05
San Diego Gas & Electric
571 Enterprise Street
Escondido, CA 92029
PROJ# 3331 79-01 0/020
Sempra Energy utility ""
Carlsbad Municipal Water District
Claude A. Lewis
5950 El Camino Real
Carlsbad, CA 92008
Dear Mr. Lewis:
Subject: Twin D Recycled Water Pump Station 6580 Black Rail Rd CB
This is to advise you the agreements providing for the installation of utility facilities at your project
have been executed by an authorized representative of San Diego Gas & Electric. The effective
date of the agreements is August 29, 2005.
The agreements provide that work must be completed within one year of the effective date. Since
the one-year period specified in the agreements will elapse on August 29, 2006, it is important you
be aware of the timeframe within which the work must be started and completed.
If you have any questions concerning this, please contact Maria Higgins at (760) 480-7647 in
our Project Management office. Our hours are 7:00 AM - 4:00 PM, Monday through Friday.
For additional general information, please visit our website at http://sdge.com/index.html.
Sincerely,
Lihda Cyr
Utility Accounting Clerk
LLC:alr:jt
Enclosures
cc: Contracts Section
MarciaLong -^ RE:: Black Rail Road Undergrounding Agreements Page 1
From: "Higgins, Maria" <MHiggins@semprautilities.com>
To: "Marcia Long" <mlong@ci.carlsbad.ca.us>
Date: 01/20/2006 2:54:27 PM
Subject: RE: Black Rail Road Undergrounding Agreements
Hi Marcia,
The contracts/agreements were executed on 1/18/06 and a signed copy was
mailed to: Carlsbad Municipal Water District, Attn: Claude A. Lewis at
5950 El Camino Real, Carlsbad. He was the person who had originally
signed the contracts. Let me know if you have any questions. Thanks
—Original Message—
From: Marcia Long [mailto:mlong@ci.carlsbad.ca.us]
Sent: Friday, January 13, 2006 4:18 PM
To: Higgins, Maria
Subject: RE: Black Rail Road Undergrounding Agreements
Thank you Karen. Will these be coming by mail? ml
>» "Higgins, Maria" <MHiggins@semprautilities.com> 01/13/20064:16 PM
Hi Karen,
Let me follow up with our accountant on Tuesday. We'll be closed on
Monday and our offices close at 4:00 p.m. Monday -Friday, so I can't
check today. Thanks
— Original Message —
From: Karen Kundtz [mailto:Kkund@ci.carlsbad.ca.us]
Sent: Friday, January 13, 2006 3:56 PM
To: Chris Muehlbacher; Higgins, Maria
Cc: Lorraine Wood; Marcia Long; Sheila Cobian
Subject: Re: Black Rail Road Undergrounding Agreements
Hi Chris,
It has now been two months since my last inquiry regarding the
agreements. These documents were originally approved by the City
Council on July 26, 2005, and we are still waiting for the original
agreement signed by SDG&e. Please check with your contact and
advise.
Thank you,
Karen Kundtz, CMC
Assistant City Clerk
City of Carlsbad
760-434-2917
>» Chris Muehlbacher 11/04/2005 7:37 AM >»
Maria,
Please advise me of the status of the Undergrounding agreements for the
Black Rail Road project.
JAN 2 3 2006
CITY OF CARLSBADCITY CLERK'S OFFICE,
Marcia Long - RE: Black Rail Road Undergrounding Agreements Page 2
Your attention to this matter is greatly appreciated.
Christopher M. Muehlbacher, P.E.
Associate Engineer
City of Carlsbad, Public Works - Engineering
1635 Faraday Avenue
Carlsbad, CA 92008
(760) 602-2736
(760) 602-8562 (Fax)
cmueh@ci. carlsbad. ca. us
CC: <Kkund@ci.carlsbad.ca.us>, "Chris Muehlbacher" <CMueh@ci.carlsbad.ca.us>