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HomeMy WebLinkAboutUkiah Valley Sanitation District 1984-02-24lim 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 kill 21 22 23 24 25 26 27 28 C O N T R A C T THIS AGREEMENT, made and entered into this 24th day of February 1984, by and between the Ukiah Valley Sanitation District, hereinafter referred to as DISTRICT, and the City of Ukiah, hereinafter referred to as CITY. W I T N E S S E T H WHEREAS, District and City has entered into an Agreement with Under ground Service Alert which provides for the notification of District and Citv through a Central Office, hereinafter referred to as Alert Center, that certain other entities .are intending to excavate or otherwise disturb th.,- subsurface of the earth within the boundaries of District. WHEREAS, City has installed at its offices at 203 South School Street Ukiah, California, a teletype receiver on which information will be received from the Alert Center giving notification of proposed excavations or other subsurface disturbances, hereinafter referred to as work, that will be made within the operating boundaries of District. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: SECTION 1. PARTIES The contract herein is one between District and City, exclusively, and not for the benefit of any other party or parties, either directly or indi rectly. SECTION 2. DUTIES TO BE PERFORMED BY CITY (a) City has installed or will install a teletype receiver in itsl office and will receive all messages transmitted by Alert Center concerning work to be done within the operating boundaries of District. Pursuant to existing operation and maintenance contracts between the District and City, City will respond as necessary. - 1 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 3. COST ASSOCIATED WITH CITY'S DUTIES (a) District will reimburse City 25% of total costs of the privat phone line, teleprinter costs and installation costs plus 100% of the cost associated with the operation of the teletype receiver and processing tel', type information on behalf of the District. (b) Time of Billing City will bill District quarterly for the amount as set forth i 3 (a) above. SECTION 4. TERMINATION OF AGREEMENT Termination date shall be defined as the last day of the Calendar month. In the event that District desires to terminate this Agreement, written notice of same shall be given three (3) full Calendar months prior to the proposed termination date. District shall be responsible for and shall pay City the costs as agreed, to the end of the third Calendar month following receipt by City of the Notice of Termination. SECTION 5. INDEMNIFICATION AGREEMENT District agrees to indemnify City against any loss of or damage to any property including City's property, or injury to or death of any person whomsoever, proximately caused in whole or in part by any negligence of City or its contractors or by any acts for which City or its contractors are liable without fault in the exercise of the responsibilities herein assumed. UKIAH VALLEY SANITATION DISTRICT Chairman CITY OF UKIAH ity manager - 2 - EXHIBIT A ASSOCIATE MEMBER AGREEMENT This Agreement made as of the 19th day of January , 1983 , by and between ALAMEDA COUNTY WATER DISTRICT; CITIZENS UTILITIES COMPANY OF CALIFORNIA, a corporation; the CITY OF ANTIOCH; the CITY OF FREMONT.; the CITY OF HAYWARD; the CITY OF OAKLAND; the CITY OF SACRAMENTO; CONTRA COSTA COUNTY WATER DISTRICT; the COUNTY OF ALAMEDA, a political subdivision of the State of Cali- fornia; the COUNTY OF SACRAMENTO, a political.subdivision of the State of California;.TELEPROMPTER CABLE TV OF•OAKLAND, a corpora- tion; GENERAL TELEPHONE COMPANY'OF CALIFORNIA, a corporation; PACIFIC GAS AND ELECTRIC'COMPANY, a corporation; PACIFIC TELEPHONE AND TELEGRAPH COMPANY, a corporation; ROSEVILLE TELEPHONE COMPANY, a corporation; SACRAMENTO MUNICIPAL UTILITY DISTRICT; UNDERGROUND CONTRACTORS ASSOCIATION, a corporation; UNION SANITARY DISTRICT; WESTERN UNION, a corporation; GETTY 01 COMPANY, a corporation; SOUTHERN PACIFIC PIPE LINES INCORPORATED, a corporation; CHEVRON, U.S.A., INC., a corporation; STANDARD PACIFIC GAS LINE, INC., a corporation; UNION OIL COMPANY OF CALIFORNIA, a corporation; and CITY OF PITTSBURGH CALIFORNIA (all of whom are hereinafter collec- tively called "Charter Members") and International Telco Services (hereinafter referred to as "Contractor") and CITY OF UKIAH (hereinafter called "Associate Member"), WI T N E S S E T H WHEREAS, the -Charter Members and Contractor have heretofore entered into an Agreement dated as o'f April 1st 1980, (hereinafter called the "Prime Contract"), a copy of which is attached hereto and made a part hereof as Exhibit A; and WHEREAS, Associated Member desires to become a participating Associate Member under the Prime Contract on NOW, THEREFORE, the Members agree mutually as follows: 1. Associate Member accepts and agrees to be bound by the terms, conditions and obligations of the Prime Contract. 2. The Charter Members agree that Associate Member shall be accepted as an Associate Member under the Prime Contract. 3. The monthly fee to be paid by Associate Member to Contractor for participating under the Prime Contract as an Associate Member, shall be determined in accor- dance with the provisions of Exhibit D, as may be amended from time to time, of the Prime Contract. 4. Associate Member agrees that it shall maintain, during the terms of this Associate Member agreement, Workers' Compensation insurance and/or a self- insurance program in compliance with all workers' compensation insurance and safety laws of the State of California and a public liability and property damage self-insurance program. Written proof of compliance with the terms of this Paragraph 4, satisfactory to the Committee, shall be furnished to the Committee at its request. S. Any written notices directed to Associate Member may be mailed to Associate Member at the following address: City Manager City Hall 203 S. School Ukiah, Ca 95482 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers as -2- of the day and year first above written. (ASSOCIATE M BE } By: l — Title: City Manage COMMITTEE By. / Title'/ Presid t, USA - 3- EXHIBIT B The coverage area shall be as follows: The counties of Alameda, Alpine, Amador, Butte, Calaveras, Colusa, Contra Costa, Del Norte, E1 Dorado, Fresno, Glenn, Humboldt, Kern, Kings, Lake, Lassen, Madera, Marin, Mariposa, Mendocino, Merced, Modoc, Mono, Monterey, Napa, Nevada, Placer, Plumas, Sacramento, San Benito, San Francisco, San Joaquin, San Luis Obispo, San Mateo, Santa Clara, Santa Cruz, Shasta, Sierra, Siskiyou, Solano, Sonoma, Stanislaus, Sutter, Tehama, Trinity, Tulare, Tuolumne, Yolo, and Yuba. d THE PACIFIC TELEPHONE AND TELEGRAPH COMPANY 140 New Montgomery Street San Francisco, CA 94105 Attn: Vice President - Network Distribution ALAMEDA COUNTY WATER DISTRICT 38050 Fremont Boulevard Fremont, CA 94537 CITIZENS UTILITIES COMPANY OF CALIFORNIA 1035 Placer Street Redding, CA 96001 CITY OF ANTIOCH 212 H Street Antioch, CA 94509 CITY OF FREMONT 39700 Civic Drive Fremont, CA 94538 CITY OF HAYWARD 22300 Foothill Boulevard Hayward, CA 94541 PACIFIC GAS AND ELECTRIC COMPANY 77 Beale Street San Francisco, CA 94106 Attn: Vice President - Gas Operations CITY OF OAKLAND 14th and Washington Streets Oakland, CA 94612 CITY OF SACRAMENTO City Hall Sacramento, CA -1- CONTRA COSTA COUNTY WATER DISTRICT 1331 Concord Avenue Concord, CA 94520 COUNTY OF ALAMEDA 1221 Oak Street Oakland, CA 94612 COUNTY OF SACRAMENTO 827 - 7th Street.. Sacramento, CA 95816 TELEPROMPTER CABLE TV 2101 Livingston Street Oakland, CA 94606 GENERAL TELEPHONE COMPANY OF CALIFORNIA 100 Wilshire Boulevard Santa Monica, CA 90406 GETTY OIL COMPANY P. 0. Box 5237 Bakersfield, CA 93308 ROSEVILLE TELEPHONE COMPANY 211 Lincoln Street Roseville, CA 95678 SACRA14ENTO MUNICIPAL UTILITY DISTRICT 6201 S Street Sacramento, CA 95813 UNDERGROUND CONTRACTORS ASSOCIATI 3600 West Bayshore Road Palo•Alto, CA 94303 UNION SANITARY DISTRICT 4057 Baine Avenue Fremont, CA. 94536 WESTERN UNION 303 Hegenberger Road Oakland, CA. 94621 SOUTHERN PACIFIC PIPELINES 610 South Main Street Los Angeles, CA. 90014 CHEVRON, U.S.A., INC. 225 Bush Street San Francisco, CA. 94104 -2- STANDARD PACIFIC GAS LINE, INC. 77 Beale Street San Francisco, CA. 94106 UNION OIL COMPANY OF CALIFORNIA 461 South Boyston Street Los Angeles, CA. 90017 CITY OF PITTSBURG P.O. Box 1510 Pittsburg, CA. 94565 INTERNATIONAL TELCO SERVICE CORP. 6151 West Century Boulevard Los Angeles, CA. 90045 Attn: Keith Kroll e EXHIBIT D Once a month the costs and expenses incurred by Contractor in the operation and maintenance of the Notification Center, as set forth in Section 2.01, shall be totaled as of the last day of the preceding month, hereinafter referred to as the "Billing Month." Each Charter and Associate Member which distributes oil, chemical or is a utility (excluding PT&T and PG&E) shall be billed a flat sum at the rate of $.25 per below -ground mile, sheath, circuit or pipeline mile, whichever pertains to the particular organization, but in no event less than $25.00. Each Charter or Associate Member which is a City Agency shall be billed at the rate of $.35 per one thousand population of area served, but in no event less than $25.00 for each Charter or Associate Member involved. A County shall be billed at the rate of $.35 per one thousand population of the Unincorporated portions of the County, but in no event less than $25.00 for each Charter or Associate Member involved. Municipalities, water agencies, or sewer districts shall be billed at the rate of $.35 per one thousand population served, or $.10 per below -ground mile of pipeline whichever is less, but in no event less than $25.00 per month for each Charter or Associate Member involved. Other Charter and Associate Members, such as contractor, insurance, or engineering associations, except PT&T and PG&E, may participate in the Notification Center and the monthly charge to such groups shall be an agreed upon flat rate but shall not be less than $25.00. The remainder not billed shall be divided equally between PG&E and PT&T and will constitute their share of the Notification Center expenses but shall not be less than $.25 per below -ground mile. In the event the rate to PT&T and PG&E should be less than $.25 per below -ground mile, a new rate structure shall be agreed upon by the U.S.A. Committee. Such net share expenses shall be further adjusted to take into account the monthly payments provided for'in Section 2.02 of this Agreement to determine the monthly bills to be rendered by Contractor to the Charter and Associate Members. Monthly bills shall be due as of the billing date and payable within thirty (30) days thereof. Any interest or service charge of 1.5% per month may be imposed on all bills not paid thereafter. -1- 12/81 UNDERGROUND SERVICE ALERT PARTICIPATING MEMBERSHIP LIST CM)l ION ORGANIZATIONS NOT LISTED MUST BE CONTACTED INDIVIDUALLY CALIFORNIA MEMBERS AT&T LONG LINES AIR PRODUCTS ALAMEDA CNTY WTR DIST ARCO OIL & GAS CO C P NATIONAL(TEL ONLY) CABLECOM OF MODESTO CARMICHAEL WTR DIST CASITAS PIPELINE CHEVRON USA, INC CITIZENS UTILITIES CITY OF ANTIOCH CITY OF CONCORD CITY OF DALY CITY CITY OF FAIRFIELD CITY OF FREMONT CITY OF HAYWARD CITY OF MODESTO CITY OF OAKLAND CITY OF PALO ALTO CITY OF PITTSBURG CITY OF ROSEVILLE CITY OF SACRAMENTO CITY & CNTY SAN FRANCISCO CITY OF SANTA ROSA CITY OF TURLOCK CONTRA COSTA WATER DIST CNTY OF ALAMEDA CNTY OF SACRAMENTO CNTY OF SONOMA CNTY SANIT DIST #4 CUYAMA PIPELINE DEL ESTE WATER DOW CHEMICAL, USA 'EAST BAY WATER EL DORADO IRRIGATION FRANCIS LAND & WATER CO FRESNO CABLE TV GENERAL TELEPHONE CO GETTY OIL CO INDEP VALLEY ENERGY CO JACKSON WATER WORKS,INC KERN OIL & REFINING CO LARK FIELD WATER CO MOBIL OIL NEVADA IRRIGATION DIST NORTH COAST CNTY WTR DIST NORTH TAHOE PUB UTIL CALIFORNIA MEMBERS (CONT'D) PACIFIC GAS & ELECTRIC PACIFIC TELEPHONE ROSEVILLE CABLEVISION ROSEVILLE TELEPHONE CO SACRAMENTO MUN UTIL DIST SAMMONS COMMUNICATIONS SHELL OIL CO SIERRA PACIFIC POWER CO SIMMONS TERMINAL CORP SOUTHERN CALIFORNIA GAS CO SOUTHERN PACIFIC PIPELINE SOUTHWEST GAS CO STANDARD PACIFIC GAS LINE STORER CABLE COMMUNICATIONS TELEPROMPTER CABLE TV - LOS GATOS TELEPROMPTER CABLE TV - OAKLAND TEXACO USA -PACIFIC COAST P/L TOSCO CORP TOTAL TV - SANTA ROSA TURLOCK IRRIGATION DIST UNDERGROUND CONTRACTORS ASSOC UNION OIL CO UNION SANITARY DIST WASHINGTON WTR & LIGHT CO WESTERN UNION NEVADA MEMBERS AT&T LONG LINES C P NATIONAL CALNEV PIPELINE CO CARSON CITY PUB WORKS CENTRAL TELEPHONE CO CITY OF LAS VEGAS GROUP W CABLE - RENO LAS VEGAS VLY WTR DIST NEVADA BELL NEVADA POWER CO SIERRA PACIFIC POWER CO SOUTHERN NEVADA WTR SYSTEMS SOUTHWEST GAS CORP (5) AGREEMENTS & APPLICATIONS RECEIVED BEACON OIL BLAIZE CORP CITY OF ALAMEDA-ELECTRIC CITY OF UKIAH CONTRA COSTA CABLEVISION CNTY OF CONTRA COSTA CNTY OF SANTA CLARA COUNTY OF YOLO FRUITRIDGE VISTA WTR CO GROUP W TV UKIAH LIVERMORE AMADOR VLY WTR MANAGEMENT PETROLEUM TERMINAL MANAGE MENT INC ROCKLIN CABLE TV ROCKLIN LOOMIS MUN UTIL DIST UKIAH VLY SANIT DIST UNITED CABLE TV - BAY AREi VIACOM CABLEVISION WASHOE COUNTY TOTAL MEMBERSHIP 103 Revised 8/30/82 r 1