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HomeMy WebLinkAboutSOUTHERN CALIFORNIA GAS COMPANY (SOCALGAS)INSURANCE ON FILE WORK MAY PROCEED UNTIL INSURANCE EXPIRES sz. ' 'U CITY CLEF DATE; SoCalGasn (Ake 07/06/2023 ARMANDO FERNANDEZ CITY OF SANTA ANA 215 S. CENTER ST. SANTA ANA, CA 92703 Project Scope: Line Extension Contract Reference: SoCalGas Project #: 00000247662 Project Location: 215 S. CENTER ST. N-2024-132 Non -Residential, commercial, project located at 215 S. Center St. and W. First St., in the City of Santa Ana, County of Orange. Install Service, Meter to the specified location in Company provided trench, backfill by SoCalGas. 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 07/06/2023 details the estimated costs and allowances, if applicable, 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, if applicable. To acknowledge your receipt of the Exhibit A, confirmation of the scope of the Project, and receipt and agreement with the enclosed General Conditions, please have this letter executed by your authorized representative(s) (owner or corporate officer) and return all pages to the SoCalGas New Business Process Team at either NewBusinessProcessTeam@esicn.semora.com, if you are executing these documents through the electronic signature portal, or NewBusinessProcessTeam@socalcas.com, if you are not executing these documents through the electronic signature portal. Your return of the executed copy of this letter plus any required advance made through one of the designated SoCalGas payment channels (e.g., online at www.socalgas.com/exhibitA, in person at a SoCalGas Branch Office, mailed to SoCalGas Mail Payments: P.O. Box 2007, ML711D, Monterey Park, CA 91754-0957), will constitute your request to SoCalGas 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 SoCalGas customer and want to provide you with the best possible service. If you have any questions, please contact me at (714) 238-7286. Sincerely, ALEX GARCIA LEAD PLANNING ASSOCIATE 3050 E LA JOLLA ST ANAHEIM,CA 92806-1312 SOUTHERN CALIFORNIA GAS COMPANY - GENERAL CONDITIONS FOR LINE EXTENSIONS These are the general conditions under which Southern California Gas Company ("SoCalGas") will provide line extensions for Applicants. I. COSTS A. Estimates and Duration. The enclosed Exhibit A estimate is valid for 90 days and may be revised after that time if the installation of gas facilities for the Project has not begun. Once SoCalGas begins the installation, the estimated cost will remain in effect for twelve (12) months. If at the end of the twelve (12) months the work is not complete, SoCalGas reserves the right to calculate its costs for the work completed, less applicable allowances, and issue a new project and Line Extension Contract for the remaining installation work. Applicants who submit a new application for gas line extension(s) on or after July 1, 2023 must pay SoCalGas the actual cost, but the estimated amount is due and payable in advance. Because of unforeseen contingencies and other factors, the actual cost may be considerably higher or lower than this estimate. Therefore, the estimate is not a warranty by SoCalGas of the actual cost. 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. Estimated and actual cost excludes Betterments and Utility Convenience. 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 service(s) installations and twelve (12) months for service(s) only installations. These time frames commence from the date SoCalGas completed the installation of gas facilities. If Applicant fails to comply, the Applicant will be billed for the difference between estimated allowances and authorized allowances, as described in Tariff Rule Nos. 20 and/or 21. The bill amount will include Income Tax Component Contribution and Advances (ITCCA/CIAC) Tax. Applicant requested temporary service(s) are fully collectible. Refunds shall be made and calculated in accordance with Rule No. 22. C Attorneys Fees and Offset. If SoCalGas is required to bring an action to collect monies due or to enforce any other right or remedy, Applicant agrees that SoCalGas is entitled to recover its reasonable attorneys' fees and costs. SoCalGas may withhold from any payments due Applicant any amounts Applicant owes SoCalGas. II. INDEMNITY A. General. Applicant shall indemnify and hold SoCalGas harmless from and against all liability (excluding only Pre -Existing Environmental Liability) connected with or resulting from injury to or death of persons, including but not limited to employees of SoCalGas or Applicant, injury to property of SoCalGas, 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 the negligence or willful misconduct by SoCalGas. B. Environmental. Applicant shall indemnify and hold SoCalGas harmless from and against any and all liability (including attorneys' fees) arising out of or in 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 disposal of any pre-existing contaminated soils or groundwater, hazardous or nonhazardous, removed from the ground as a result of SoCalGas's work performed ("Pre - Existing Environmental 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 fines arising from the violation of any local, state, or federal law or regulation, attorneys' fees, disbursements, and other response costs. As between Applicant and SoCalGas, Applicant agrees to accept full responsibility for and bear all costs associated with Pre -Existing Environmental Liability. Applicant agrees that SoCalGas may stop 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 Rights. In addition to any other rights to withhold, SoCalGas may withhold from payments due Applicant such amounts as, in SoCalGas's reasonable opinion, are necessary to provide security against all loss, damage, expense and liability covered by the foregoing indemnity provisions. III. WARRANTY SoCalGas requires that Applicant warrant all materials and workmanship performed by Applicant (directly or through a contractor other than SoCalGas) 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 SoCalGas for the total cost of repair and/or replacement or SoCalGas may give Applicant the opportunity to fix within a reasonable time such defect(s). Such reimbursements are non-refundable and the amount of such reimbursements may be withheld by SoCalGas and offset against refundable amounts owed Applicant, when applicable. 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 SoCalGas's applicable tariff schedules and rules as submitted from time to time with the California Public Utilities Commission ("Commission"), including but not limited to, the Preliminary Statement and Rule Nos. 1, 2, 9, 9, 13, 20, 21 and 22. Copies of these rules may be obtained by visiting the SoCalGas' Internet site at www.socalgas.com or by requesting copies from your SoCalGas representative. B. This contract is at all times subject to such changes or modifications as the Commission may direct from time to time in the exercise of its jurisdiction. C. No agent of SoCalGas has authority to make any terms or representations not contained in this Contract and the tariff schedules and Applicant hereby waives them and agrees neither SoCalGas nor Applicant shall be bound by them. V. JOINT AND SEVERAL LIABILITY Where two or more parties are Applicants for a Project, SoCalGas shall direct all communications, bills and refunds, when applicable, to the designated Applicant, but all Applicants shall be jointly and severally liable to comply with all terms and conditions herein. VI. STUB EXTENSIONS For Applicant(s) receiving allowances, stub costs are refundable only to the extent the allowances generated by stub extensions exceed the main to meter installation costs, and only for ten 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. VII. AUTHORIZED SIGNATURE I£ 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. 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 SoCalGas's cost estimates and allowances, if applicable, for this Project were based on information provided by me or my authorized representative. I further acknowledge 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 Address: (Future bills, refunds, and correspondence will be mailed to the address provided) 215 S. Center St Santa Ana, CA 92703 Telephone: Social Security or Federal Tax ID No. No. 95-6000785 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney I= Jose Montoya Assistant City Attorney CITY OF SANTA ANA Alvaro Nunez Acting City Manager RECOMMENDED FOR APPROVAL: �- S,<: 7�' -sF Nabil Saba, PE Executive Director, Public Works Agency Date Mailed 07/06/2023 Project ID 00000247662 Exhibit A COST AND ALLOWANCE CALCULATION (ESTIMATES) (x) Trenching by Company (x) Backfill by SoCalGas $ 107627.31 Project Cost $ 000 * Site Preparation Advance Required (Refundable) Advance Required (Non -Refundable) ITCCA (CIAC Tax) Payment Received Total Amount Due $ 72378.78 (x) Gas Only Trench $ 35248.53 Allowance Applied X 24 % $ 72378.78 $ 000 $ 72378.78 _ $17370.90 $ 000 $ 89749.68 * Site preparation reimbursement for applicant provided trench will be treated per Tariff Rules 20 &amp; 21 and payments, if any, will be based on the agreed upon price per foot times the actual footage of the trench used. Form 3905-Dr Effective 09/05 Line Extension Contract #: 00000247662-1 If paying online, go to www.socalgas.com/exhibitA. If paying by mail or in Date Mailed person, detach and return this portion with your payment. 07/06/2023 THIS BILL IS NOW DUE AND PAYABLE LUUSCITY OF SANTA ANA AN 92 . SS. CENTER ANTA ANA, CA 92703 NBMS Project ID 00000247662-1 PLEASE PAY THIS AMOUNT 89749.68 9200024766201000000897496850000 92 000247662 5 Sean Djalilvand Sr. Insurance & Risk Advisory Analyst JS SEMPRA January 23, 2024 City of Santa Ana Risk Management 20 Civic Center Plaza Santa Ana, CA 92701 Insurance & Risk Advisory 488 81n Ave. HQ06N1, San Diego, CA 92101 insurance@sempra.com Re: Work Permit - Project # 247662 Angie Aceve do Digitally signed by Angie Acevedo Date: 2024.02.08 16:39:00-08'00' Please accept this letter as compliance with your request for evidence of self-insurance in accordance with the terms of the above -referenced agreement, as dictated under the terms of the agreement, between Southern California Gas Company ("SoCa/Gas'l and requester. SoCalGas hereby acknowledges that it is permissibly self -insured by the State of California and that the following program(s) are in full force and effect: Type of Insurance Type of Policy Policy Period Limit Commercial General Liability Self -Insured Continuous $1,000,000 Automobile Liability Self -Insured Continuous $1,000,000 Workers' Compensation Self -Insured Continuous Statutory Any claims resulting from our operations may be referred to: Southern California Gas Company Attention: Roy Christian, Claims Manager 555 W. 511 Street Los Angeles, CA 90013-1011 Should you have any questions or require additional coverage information, please feel free to contact me. cc: Ami Desai sempra.com By its duly authorized representative, SearvwVj> rlGlvcnd Sean Djalilvand Sr. Insurance & Risk Advisory Analyst 100 lUsk MRmgemmtDivision RE)AEwm&APPRav®By: `® Risk Management Specialist