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Home My WebLink AboutSOUTHERN CALIFORNIA GAS COMPANY 4 - 2008City of Santa Ana Clerk of the Council AGREEMENT TERMINATION Please complete this form when the attached agreement is no longer in effect. Return form to the Clerk of the Council Office (M-30). Call 647-6520 if you have any questions. The agreement with L, o c C--, fll fl. IPT fi - Id 3 L -E- R K C9 I � I - f, 44 IRE , PC V - — -, � fj- HEMMF"-,4 No. was completed on h", -� - .-- . and final payment has been made. Revi,sed U-07-07 Department- Phone/Ext.: qq. 1A Signature: Date- N-2008-041 The Gas company A Selnpra Energrutmty O.3l17i2008 LOREN ROSSIGNOL U TILTY MANAGER CITY OF SANTA ANA - PR AND CSA PO BOX 1988 SANTA ANA, CA 92701 Line Extension Contract Reference: Gas Company Project'.a.: 00000127805 Project location: 600 E. MEMORY LANF. Project Scope: NON.RE.SIDEYr[AL, COMMERCIAL, PROJECT LOCATED AT 600 E MEMORY LANF. AND L.AWSON W'AY. IN THE CITY OF SANTA ANA, IN THE COUNTY OF ORANGE COUNTY INSTALL SERVICE, METER TO THE SPECIFIED LOCATION, [N APPLICANT PROVIDED TRENCH The engineering required for the installation of the gas facilities as described above in the Project Scope, based on the information you have provided us, has been completed. The attached "Exhibit A" dated 03/17/2008 details the estimated costs and allowances, and also indicates any advances and contributions, if required at this time. Please provide us with an address list for the property, if applicable, including any internal apartment or unit numbers or letters as quickly as possible. This will assist us in providing timely installation of the requested gas meters and/or refunds of your refundable advances. To acknowledge your receipt of the Exhibit A. confirmation of the scone or the Project; and receipt and agreement r4h the enclosed Generad Conditions, please have this letter executed by your authorized representative(s) (owner or corporate officer) and return all pages to The Gas Company representative listed below. Your return of the executed copy of this letter plus amy required advance will constitute your request to The Gas Company to schedule the installation and your agreement to Exhibit A and the General Conditions. Timely return of this letter will ensure that your construction is not delayed. A copy of the letter has been provided for your records. Thank you for this opportunity to provide you with natural gas to serve your energy requirements. We are pleased to have you as a Gas Company customer and want to provide you with the best possible service. If you have any questions, please contact me at (714) 634-3229. Sincerely, I :-I11LM.A PIPER NEW BUSINESS PROJECT MANAGER 1919 S. STATE COLLEGE BLVD., BLD(1. G ANAMD NLC A 92806-0000 Fum.1905-O,Eftuaiv'c Jch'1()02 iu,c Gtrnsion Cant. -act y: 009001nao5-1 Dated: 03/17/2003 Page[err SOUTHERN CALIFORNIA GAS COMPANY GENERAL CONDITIONS FOR LINE EXTENSIONS These are the general conditions under which Southern California Gas Company ("The Gas Company") will provide line extensions for Applicants. I. COSTS A. Estimates and Duration. The enclosed Exhibit A estimate is valid for 90 days and maybe revised after that time if the installation of gas Facilities for the Project has not begun. alce The Gas Company begins the installation, the estimated cost will remain in effect for 12 months. If at the end of the twelve months the work is not complete, The Gas Company reserves the right to calculate its costs f'or the work completed, less applicable allowances, and issue a new project and Line Extension Contract for the remaining installation work. If additional monies are due, Applicant agrees to pay them within 30 days after invoice. Applicant will be responsible for costs of engineering, planning, surveying, right of way acquisition and other associated costs. B. Allowances. Applicant(s) receiving allowances as an offset to the installation costs are responsible for these costs and may be billed subject to the following: line extension(s) where allowances have been granted to the Applicant based on future gas load(s) must have the gas meter(s) installed and turned on with bona fide load within six (6) months for main/main and scrvice(s) installations and twelve (12) months for services) only installations. These time frames commence from the date The Gas Company completed the installation of gas feilities. If Applicant fails to comply, the Applicant will be billed for the difference between estimated allowances and authorized allowances, as described in Tariff Rules 20 and/or 21. The bill amount will include Tncome Tax Component Contribution and Advances (ITCCA/CI.AC) Tax. Applicant requested temporary service(s) are fully collectible. Refunds shall be made and calculated in accordance with Rule 22. C. Attorneys Fees and Offset. If The Gas Company is required to bring an action to collect monies due or to en force any other right or remedy, Applicant agrees that The Gas Company is entitled to recover its reasonable attorneys' fees and costs. The Gas Company may withhold from any payments due Applicant any amounts Applicant owes The Gas Company. II. INDEMNITY A. General. Applicant shall indemnify and hold The Gas Company harmless front and against all liability (excluding only pre -Existing Environmental Liability) connected with or resulting from injury to or death of persons, including lout not liinited to employees of The Gas Company or Applicant, injury to properly of The Gas Company, Applicant or a third party, or violation of local, state or federal laws or regulations (excluding environmental laws or regulations) (including attorneys•' fees) arising out of the performance of this Contract, except only for liability to the extent it is caused by die negligence or willful uusconduct of The Gas Company. B. Entirotrntental, Applicant shall indemnity and hold The Gas Company harmless frorn and against any and all liability (including attorneys' fees) arising out of or :it any way connected with the violation or compliance with of any local, state, or federal environmental law or regulation as a result of pre-existing conditions at the Project site, release or spill of any pre-existing hazardous materials or waste, or out of the management and 'r"om 90:-ll, Lffeuti•.z lily 20.2 ?,inati.;tcrc:eca l'u: ;rxcl tr: 60000t278e5-1 Dared: c>it7i200e .'aee?ei4 disposal of any pre-existing contaminated soils of groundwater, hazardous or nonhazardous, removed from the ground as a result of The Gas Company's work performed ("Pre -Existing F,nviromnental Liability"), including, but not limited to, liability for the costs, expenses, and legal liability for environmental investigations, monitoring, containment, abatement, removal, repair, cleanup, restoration, remedial work, penalties, and lines arising from die violation of any local, state, or federal law or regulation, attorneys' fees, disbursements, and other response costs. As between Applicant and The Gas Company, Applicant agrees to accept hull responsibility for and bear all costs associated with Pre -Existing Environmental Liability. Applicant agrees that The Gas Company may atop work, terminate it, redesign the gas facilities to a different location, or take other action reasonably necessary to complete its work without incurring any Pre -Existing Environmental Liability. C. Withhold Riahts. In addition to any other rights to withhold, The Gas Company may withhold from Payments due Applicant such amounts as, in The Gas Company's reasonable opinion, are necessary to provide security against all loss, damage, expense and liability covered by the foregoing indemnity provisions III. WARRANTY The Gas Company requires that Applicant warrant all materials and workmanship performed by Applicant (directly or through a contractor other than The Gas Company) shall be free of all defects and fit for their intended purpose. A one-year warranty on any materials and a two-year warranty on any installation work provided are required. If Applicant's work or materials fail to conform to the warranty, Applicant shall reimburse The Gas Company for the total cost of repair and/or replacement or The Gas Company may give Applicant the opportunity to 6x within a reasonable time such defect(s). Such reimbursements are non- refundable and the amount of such reimbursements may be withheld by The Gas Company and offset against refundable amounts owed Applicant. IV, TARIFF RULES / COMMISSION A. This Line Extension Contract ("Contract") consists of and incorporates by reference the line extension contract letter, Exhibits A, General Conditions and all of The Gas Company's applicable tariff schedules and rules as filed from time to time with the California Public Utilities Commission ("Commission"), including but not limited to, the Preliminary Statement and Rules 1, 2, 4, 9, 13, 20, 21 and 22. Copies of these rules may be obtained by visiting the SoCalGas' Internet site at www.socalpas.corn or byrequesting copies from your as Company representative. B. This contract is at all tunes subject to such changes or modifications as the Commission may direct from tune to time in the exercise of its, jurisdiction. C. No agent of T7tc Gas Company has authority to intake any terns or representations not contained in this Contract and the tariff schedules and Applicant hereby waives them and agrees neither The Gas Company nor Applicant shall be bound by them. V. JOINT AND SEVERAL LIABILITY tNl-,ere two or more parties are Applicants for a Project, The Gas Company shall direct all communications, hills and refrarcis to the designated Applicant, but. all Applicants shall be jointly and severally ii' le to comply will all terns and conditions herein. R= Mj-n, Eneceivc "ury 20n2 nine Extension Cnncnct =' O 000127505- 1 Dnrd: 03n7/2908 ?arc 3 of 4 VI. STUB EXTENSIONS Stub costs are refundable only to the extent the allowances generated by stub extensions exceed the main to meter installation costs, and only for tort years from the date of the stub installation. Refunds will be made without interest, and no refund will be made in excess of the amount advanced. V1I. AUTHORIZED SIGNATURE if Applicant is at 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. My signature below represents my agreement and acceptance of the Project confirmation, Exhibit A and Southern California Gas Company's General Conditions For Line Extension. I acknowledge and agree that The Gras Company's cost and allowance estimates for this Project were based on information proNided by me or my authorized representative. I further ackncmAedge and agree that my signature represents my/my company's agreement and understanding that subsequent changes in Project scope may affect the installation price and further, that if allowances have been granted, an additional contribution may be required if the future loads on which the allowances were based do not materialize. APPLICANT: C7'1'Y OF S.4NT.A ANA - PR AND CSA By: (Authorized Signature) DAVID N. REAM, CITY MANAGER (Print Name) Title: Date: ATTESTS ,PA TR/C/A E. HEALY CLERK OF THE COUNCIL Address: (Future bills, refunds, and correspondence will be mailed to the address given) Telephone: Social Security or Federal Tax ID No. Form 3905-0, Ele,,Wt My -'tic., tine Extcmm Onlrract rr: 0000012780e-1 t]a.vi- asir7izaae Pcc3uft ll t.T3 Y Asn,.,t4a� City At,or:ey Date Mailed: 03/17/2008 Project ID: 00000127805 Exhibit A COST AND ALLOWANCE CALCULATION CESTIMATES) Cx) Trenching by APPlicant (x) Gas Only Trench $ 3 804.84 - $ 60.00 - S 499.67 = S 5,245.17 P rpj ect Cost Site Preparation All ov ante Applied Advance Required (Refundable) Advance Required (Non -Refundable) ITCCA (CIAC Tax) Payment Received TOTAL AMOUNT DUE $3 245.17 X $ D.00 $ 3,245.17 20 / = $ 649.03 $ 3,894.20 # Site preparation reimbursement for applicant provided trench will be treated perTariff price perfoottimes thend y actual footage Of the till renchbe based used -on the agreed Fo— 3905-a, Effective 09/05 LEne Contract e+ 0000012]605 -1 Date Mailed 03/17/2008 Detach and return this portion with Your payment THIS BILL IS NOW DUE AND PAYABLE � CITY OF SANTA ANA - PR AND CSA 1 PO BOX 1988 a0 " Seinpra Fnergv-•:we SANTA ANA, CA 92701 6. sax c SO. CAL. cas. co. :WNT PK. CA 31756 NB4s Project ID 00000127805 -I PLEASE PAY. THIS AMOUNT 3,844.20 9290012780501000000038942050000 92 090127805 5 Date Mailed: 03/17/2008 , Project ID: 00000127805 Exhibit A COST AND ALLOWANCE CALCULATION (ESTIMATES) (x) Trenching by Applicant (x) Gas Only Trench 60.00 - $ 499. 67 = S 5 245.17 P ro}ect Los[ Site Prep aratlon Allowance APPlied Advance Required (Refundable) $0.00 Advance Required (Non -Refundable) S 3,245.17. ITCCA (CIAC Tax) S 3,245.17. X 20 X = S 649.03 Payment Received $ 0.0a TOTAL AMOUNT DUE S 3.894.20 Site Preparation reimbursement for applicant provided trench Will be treated u ponTprice pere efoot timesa athe Pactualtents, footage ofill be be the trenchbased used on the agreed F era 8905-0, Eff-<tlee 09i05 tine E tenzian Contract ai 00000127805 -1 Date Mailed 03/17/20US Detach and return this portion With Your Payment THIS BILL IS NOW DUE AND PAYABLE CI7Y OF SANTA AMA - PR AND CSA mryw 1 PO BOX 1988 n WSc:npro Fn+_rgv,ni SANTA ANA, CA 92701 P 6. sox c So, CAL. GAS. Ce. nawT Px, CA 91756 N3NS Project iD 00000127805-i PLEASE PAY THIS AMOUNT 3.894,20 9200012780501000000038942050000 92 000127805 5 3111008 Ma,,ruan. Bid Gas installation A A!Sempra Energy onbty THIS IS NOT A BILL - DO NOT REMIT PAYMENT. wing and cost estimating Tor me auuv= I__._.�_� r —r-• ••__ ___. _ _ you have the opportunity to select the utility as the installer or you may hire a qualified the installation as described in Line Extension Rule 20. required by the California Public Utilities Commission, you are being provided the estimated installation cost I) prior to the Issuance of a line extension contract- The bid is broken down between the cost for work the utility must perform, the work that can be performed by your qualified contractor, inspection fees, tax. You must declare which installation option you wish to pursue in the space provided. Work on r nrntect can not continue until you have made your selection and returned the executed form to SoCalGas. Installation Cost Breakdown A: Estimated wst If installat)(rn is Performed by $c,00 Id)MSA(s) $23683 (e)Tax S760,97 Total 3: Sobalua5 ...____ as' estimated cost for the work the applicant can perform under the app0cant installation (fh), and tax SoCaIGas and applicant work performed (Q. SODO (b)SerNcets) $736.41 (,)Stub(.) S000 (d)MSA(s) F23o 83 (e)inapectlon bi 25840 (BTax S0.00 (g)Serdce(s) 52,831 Fo @)Stub(.) SO oo Total cost (A tbru l) 3ered One Bax 1 fdy signature confirms my understanding that the bid price consists of the estimated cost for work SoCalGas must perform and the estimated cost of all remaining work If SoCalGas is selected as the installer (Option A}, If I select O lion B and elect to have my contractor arform less than all the remaining work I understand that a new bid will aeed to be prgpared A new bid may gso be required if the assumodotis that the NO was based on chance. This bid will remain in effect URq!L 011312000 at. cor•amcT