HomeMy WebLinkAboutContracts & Agreements_49-1980_CCv0001.pdf ASSOCIATE PARTY AGREEMENT
PU-B-LT-C--.AGENCY
This AGREEMENT made as of the day of December
19 80 by and between THE PACIFIC TELEVH0.,,'l-, AND TELEGRAPH COMPANY, GENLRAL
COMPANY OF CALIFORNIA and SOUTHIJ-,N CALIFORNIA GAS COMPANY,
(herein"frer Collectively called "Principal Parties") , and
City of Redlands (hereinafter called "Participant'') .
WITNESSETH:
WHEREAS, the Principal Parties operate a on(- number communication
system, hereinafter referred to as "the System", covering various counties
in Sout!"wn California, wherein any party intending to excavate, drill, blast,
tunnel , perform demolition work, or otherwise disturb the subsurface of the
earth may call and give notice of said intent, and
VHEREAS, the System after receiving said call from said parties will
notify those parLicipaLing public utilities and public agencies with
underground facilities in the area, of the partLesintent, and
WHEREAS, the participating public utility or public agency will
then provide information as to the location of its underground facilities
according to its usual and customary practice, and
WHEREAS, Participant desire's to become a Participating, public- agency
and contract for the
No,', THEREFORE, the part ics agree as follows:
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1. That commencing on the date first above written the System will
notify the Participant of information received by it from calls which are
accepted at its designated telephone number concerning parties intendingto
excavate, drill, blast, tunnel, perform demolition work, or otherwise disturb
the subsurface of the earth in the area covered by the System's operation,
for areas designated by the Participant.
2. That this information shall be dispatched by means of a
communication network during the System's scheduled operating hours as soon
as may be reasonably practicable after receipt thereof. The System may also,
at such times as it may be appropriate and practicable to do so, communicate
by telephone to the Participant notification of information received from
telephone calls placed to the designated telephone number.
3. That the Principal Parties shall designate a call number for all
counties served by the System. The designated telephone number may be listed
under Participant's name in each telephone directory in the counties served
by the System where Participant's name otherwise appears. However, when
accepting calls placed to the designated telephone number, only the System's
operations will be identified.
4. That telephone calls placed to the designated telephone number
will nornally be accepted by the System during periods commencing at
approximately 7:00 &M and ending at approximately 5:00 PM, Monday through
Friday, expect for the following holidays: New Year's Day, Washington's
Birthday, Memorial Day, Independence Day, Labor Day, Thanksgiving and
Christmas. The Principal Parties reserve the right to add or delete from
the above holidays, and will grant Participant 30 days' notice prior to
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changing the above holiday list. The period during which the System accepts
calls placed to the dvsignn! Qd number will hereinafter be referred to as the
"scheduled operating hours ." The Principal Parties have- the right to arrange
for the acceptance of telophonc nalK placed to the designated telephone
number during periods other than scheduled operating hours.
5. At times during which the System accepts calls placed to the
designated telephone number, the caller will be requested to supply infor-
mation sufficient to complete the "Location Request Application" form, a copy
of which is attached hereto and made a part hereof as Exhibit A. Each call
shall be electronically recorded and the recording shall identify the time the
call was received.
6. At times during which the System is not accepting calls placed
to the designated telephone number, automatic telephone answering equipment
will answer calls placed thereto and a recording will request the caller to
call again during the next scheduled operating hours, or, if immediate attention
is required, the caller will be advised to notify utilities and other operators
individually by telephone of the proposed work.
7. Participant shall maintain, at its expense, at such of the
respective business offices as it may select, equipment to receive messages
dispatched by the System.
8. Participant shall be individually responsible for taking such
action as it may deem necessary to protect its respective underground facil-
ities and to prevent interruption of its utility service to the public.
9. The recordings made pursuant to paragraphs 5 and 6 of this
Agreement and the messages dispatch pursuant to paragraph 2 of this Agreanent
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shall be preserved by the System for a period of six years.
10. Participant shall pay a monthly fee to the System in accordance
with Exhibit B (attached hereto) as Participant's share of the costs of services
provided by the System. This fee will be reviewed one year from the date hereof
and will be subject to increase or decrease as determined by the cost incurred
by the System in providing the services involved. Participant shall be individ-
ually responsible for all costs and expenses incurred for establishment, operation
and maintenance of communication equipment on its premises to receive notification
of information dispatched by the System including, without limitation, the cost
of providing, leasing, or renting, and the cost of utilizing telephone and other
communication equipment and any "mileage" and "loop" charges associated there-
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with, and listing the designated telephone number as provided in paragraph 3
of this Agreement.
11. Principal Parties shall not be liable to Participant for any loss,
cost, damage or expense incurred by Participant, its employees or agents, or by
any other person, which may occur or allegedly occur because of, or resulting
from or which in any manner is connected with or arises from participation
under this Agreement. The Participant shall assume all responsibility for and
shall indemnify and save the Principal Parties and their contractor harmless
from and against all losses, liabilities, claims, demands, payments, actions,
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legal proceedings, recoveries, costs, expenses, attorney fees, settlements,
judgments, orders and decrees of every nature and description brought or re-
covered against or incurred by the Participant, or by any other person, or by
the Principal Parties or any of them, by reason of participation under or
agreement.carrying out any of the provisions of this Notwithstanding
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the foregoing, the Participa"; Ooll nor be required LQ indeninify the Principal
particn or their contractor n2Ainvt Kohility for damages arising out of bodily
injury to persons or damages to properLy udused by or resulting from the sale
negligence of the Principal Mir agents or employees.
12. This Agreement shall be Mewed to he a California contract and
shall be construed in accordanac with and governed by the laws of the State
of California.
13. Any amendment of this Agriwment shall be in writing, signed by
the Principal Parties and the Participant.
14. This Agreemem shall become effective on the day and year above
first written and shall continue in effect for a period of one year and fron.,
month to month thereafter; provided, however, that this Agreement may be
terminated at any time after the effective date hereof by the Principal
Parties upon 30 days' written notice to the Participant or by the Participant
upon 30 days' written notice to the Principal Parties. Any such written
notice shall be addressed to the Principal Parties as follows:
Underground Service Alert
12862 Garden Grove Blvd.
Suite 260
Garden Grove, California 92643
and to the Participant as follows:
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15. Any termination of this Agreement, as provided in the preced-
ing paragraph 14, shall not discharge the Participant from any obligation
it owes the Principal Parties , or the Principal Parties from any obligation
they owe the Participant, by reason of any transaction, loss, cost, damage,
expense, or liability which shall occur or arise (or the circumstances,
events or basis of which shall occur or arise) prior to such termination,
whether the same be known or unknown at the time of such termination.
IN WITNESS WHEREOF, The Parties hereto have caused this Agreement
to be executed by their duly authorized officers or officials as of the day
and year above first written.
PARTICIPANT PRINCIPAL PARTIES
City of Redlands THE PACIFIC TELEPHONE AND TELEGRAPH COMPANY
r~YJ
'
B 1 7 GENERAL TELEPHONE COMPANY OF CALIFORNIA
Title Charles' G. DeMir]/ n, Mayor
y SOUTHERN CALIFORNIA GAS COMPANY
Attest:
7
,C16;7 Clerk
By
Title: Chairman, Board of g=overnors
Underground Service Alert
Authorized representative for the
Principal Parties
1
Y
USA/SC NO: DATE: TIME:: -- CHANNEL..: ORR':
LOCATION:
NATURE OF WORK:
WORK TO BEGIN: DATE: TIME: CALLER:
Cl-)- DOING WORK:
PHONE: { } ALT. PHONE. t }
CELL BACK: SPEAK TO:
DOING WORK FOR:
REMARKS: F'OREF�iAN-
F ERI'AlIT NO.: COUNTY: PAGE: GRID:
Exhibit B
WIIIIQPW�-, �NICE AVDIRT
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A. This schedule t- : - forth . y rnteS Charged Associate Party members
and Principal P! to(-!:rtcF^ 0 ihe Underground Service Alert one-cal I
sy sten;. recia ;M2 coots are additional and are stated
in Section 7, rooprcph 7. 12 V the Operating Procedures.
B. The monthly Charon to each Associate Party member who receives
notification frum the ono-ni! l center of proposed excavating or
other underground war k is in Lcoord with the following schedule:
1 . For uridcrqroud facilities operated by the member within the
area served Vy the onn-co; l center a chargo of $25.00 plus
$. 10 per trcneh mile for all main line favi liti4s (excepting
service linns or similar lateral extensions} .
2. Cities and cuintics ohich oper�;te, or Cause to be operated,
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roun-I f vE i I ij jwL V 4%opt hatura I gas or electric trans-
mission or dintribuka" gystuns) , a char-Se of 1.35 per 1 ,000
popula-lion, on the rato sot forth in above, whichever
rate producos the Kwor cont, with ci minimum charge of $25.00.
3. Cities and counties think quolify for the rate established
in B.2. Move, and which oporaie electric and/or gas distri-
bulion systcwas, an additional charge of L05 per 1 ,000
population for uach sub clectric or gas system.
C. Each Pri"nipal Krly mumber will pay a monthly sum in .proportion to
the trench miles of underyToohd facilities as defined in B. 1 , above,
operated by all the Principal Party members within the area served
by the cz-ill centor no that ihn total sum of the Associate Parties,
contributions and the Principal Parties' contributions equal the
monthly cost of operating fn call center except the sum paid monthly
by each Principal Party shall he not less than 125.00 plus $. t0per
trench mile of underground facilities as defined.
D. Members who elect not to recti"ive notification from tho' call center
of prop000d work pay a mon; hly fee as agreed upon by the member and
the Principal Partius but in no event will the charge be less than
125.00.
Pevised: December 12, 1977