05-084, PG&ECITY OF
CUPEkTINO
AGENDA ITEM 1'2, 6
SUBJECT AND ISSUE
City Hall
10300 Torre Avenue
Cupertino, CA 95014 -3255
(408) 777 -3354
FAX (408) 777 -3333
PUBLIC WORKS DEPARTMENT
Summary
AGENDA DATE August 16, 2005
Adoption of Resolution No. 05-132 authorizing the City Manager to negotiate and execute an
agreement with PG & E to relocate overhead and underground electrical distribution lines for the
construction of the Mary Avenue Bicycle Pedestrian Bridge Project, Phase 1.
BACKGROUND
PG &E owns and maintains electrical distribution lines that are suspended above ground on
PG &E poles at the southerly edge of the north berm for the Mary Avenue Bridge. The lines are
in the way of the construction of the north bridge tower, its foundation and the new sound wall,
and must be relocated and run underground. The relocation is part of the scope of work for
Phase 1.
The City is obligated to incur the cost of relocation in this particular location since the PG &E
lines are protected by an overhead easement that predates the City's right of way and the
relocation will move the lines out of the easement and out of the right of way.
FISCAL IMPACT
Adoption of this resolution will enable the City of Cupertino, through the Phase 1 contract, to
relocate the PG &E electrical distribution lines as a part of Phase 1 construction. The costs of
approximately $300,000 will be fully covered by the project budget.
STAFF RECOMMENDATION
Staff recommends that Council adopt Resolution No. 05--l32 authorizing the City Manager to
negotiate and execute an agreement with PG &E to relocate overhead and underground electrical
distribution lines as a part of Phase 1 construction for the Mary Avenue Bicycle Pedestrian
Bridge Project.
Submitted by:
*ft-2.4 c14,L,e� u
Ralph A. Qualls, Jr.
Director of Public Works
Approved for submission:
David W. Knapp
City Manager
Printed on Recycled Paper
/z�_l
CCIPERTINO
Joseph Mattingly
PG &E
10900 N. Blaney Avenue
Cupertino, CA 95014
City Hall
10300 Torre Avenue
Cupertino, CA 95014 -3255
Telephone: (408)777 -3354
FAX: (408)777 -3333
PUBLIC WORKS DEPARTMENT
Ralph A. Qualls, Jr., Director
February 6, 2006
File: 74,009.16
RE: Mary Avenue Bicycle Bridge Over I -280: Overhead Utility Relocation
Dear Joe;
Enclosed please find the signed Agreement to Perform Tariff Schedule Related Work.
Also enclosed is a check for $101,275.00.
The easement document from the School District is scheduled to go to their board on
March 6, 2006, We will get the signed document from them if approved at the meeting
is and forward to you.
If you have any questions please contact me at 408 - 777 -3215.
Sincerely,
Carmen Lynautl\,
Public Works Proj
encl
•
Printed on Recyck,d Paper
.1 a"
Pacific Gas and Electric Company
Agreement to Perform
Tariff Scheduled Related Work
DISTRIBUTION:
• APPLICANT (Original)
• DIVISION (Original)
• ACCTG. SVCS.
REFERENCE:
101655623- 30436207
101655623- 30436207
City of Cupertino, a Governmental agency , (Applicant) has
requested PACIFIC GAS AND ELECTRIC COMPANY, a California corporation (PG &E), to perform the tariff schedule related
work as located and described in paragraph 3 herein.
PG &E agrees to perform the requested work and furnish all necessary labor, equipment, materials and related facilities required
therefor, subject to the following conditions:
1. Whenever part or all of the requested work is to be furnished or performed upon property other than that of Applicant,
Applicant shall first procure from such owners all necessary rights -of -way and /or permits in a form satisfactory to PG &E
and without cost to it.
2. Applicant shall indemnify and hold harmless PG &E, its officers, agents and employees, against all loss, damage, expense
and liability resulting from injury to or death of any person, including but not limited to, employees of PG &E, Applicant or any
third party, or for the loss, destruction or damage to property, including, but not limited to property of PG &E, Applicant or
any third party, arising out of or in any way connected with the performance of this agreement, however caused, except to
the extent caused by the active negligence or willful misconduct of PG &E, its officers, agents and employees. Applicant
will, on PG &E's request, defend any suit asserting a claim covered by this indemnity. Applicant will pay all costs that may
be incurred by PG &E in enforcing this indemnity, including reasonable attorneys' fees.
3. The location and requested work are described as follows: (Describe in detail the materials and facilities to be furnished
and /or work to be performed by PG &E. if more space is required, use other side and attach any necessary drawings as
Exhibits A, B, C, etc):
LOCATION: Mary Avenue bridge @ Hwy 280, Cupertino
DESCRIPTION OF WORK: Customer Requested Overhead Electric facilities to be relocated in
order to install a pedestrian bridge across Hwy 280.
4. Applicant shall pay to PG &E, promptly upon demand by PG &E, as the complete contract price hereunder, the sum of
One Hundred one thousand, two hundred seventy -five and no /100
Upon completion of requested work, ownership shall vest in: 0 PG &E ❑Applicant
Executed this day of
C y of Cupertino
",a 2,pMnV y
(Print/T pe /Name)
Title: � e.....
Mailing Address:
10300 Torre Avenue
Cupertino, CA. 95014
Automated Document, Preliminary Statement, Part
2�
PACIFIC GAS & ELECTRIC COMPANY
By:
Joseph A. Testa Jr.
(Print/Type Name)
Title: Service Planning Supervisor
62 -4527 (Rev 1/91)
Service Planning
Advice No. 1633- G/1342 -E
Effective 4102191
Pacific Gas and Electric Company
DISTRIBUTION AND SERVICE EXTENSION AGREEMENT*
t S PROVISIONS
1. As indicated in the Declarations, Applicant has elected to have competitive bidding and has awarded
a qualified Contractor or PG &E the responsibility of installing gas and electric service, as applicable,
to the locations described in Exhibit B. These services shall be installed in accordance with the
provisions of PG &E's Rules 2, 15 and 16, General Terms and Conditions, project specific terms and
conditions, design, specifications, and the requirements of this Agreement.
2. Construction Responsibilities of Applicant.
Applicant shall perform or arrange for the performance of the following Work required for this project:
Electric Extensions:
• Route clearing, tree trimming, trenching, excavating, backfilling, and compacting;
• Furnishing of imported backfill material as required and disposal of trench spoil as required;
• Performing necessary surface repair and boring as required;
• Furnishing, installing, and transferring ownership to PG &E of any substructures, conduits, and
protective structures required other than the conduit portion of cable -in- conduit (Rule 15 only);
• Obtaining any necessary construction permits for all work performed by Applicant under this
Agreement.
Electric Underground Extensions:
• Installing primary and secondary distribution conductors, poles, pole risers, switches,
transformers, and other distribution facilities required to complete the extension.
Electric Overhead Extensions:
• Installing all facilities required for the pole line extension, including poles, conductors,
transformers, switches, and other devices as might be required.
Gas Extensions:
• installing gas distribution main pipe, valves, and other related distribution equipment, as specified
by PG &E, required to complete the extension including all necessary trenching, backfilling, and
other digging as required.
Furnishing, installing and upon acceptance by PG &E, conveying to PG &E the ownership of all
necessary installed substructures and protective structures necessary to contain or support
PG &E's gas facilities.
Applicant agrees to secure and pay for all required permits and licenses which may be required to
fulfill the construction responsibilities from the governmental authority having jurisdiction.
Applicant shall provide to PG &E, prior to PG &E preparing the line extension contract, the Applicant's
Contract Anticipated Costs to perform the work normally provided by PG &E. The Applicant shall
submit, on a form provided by PG &E, a verified statement of such costs. if the Applicant elects not to
provide such costs to PG &E, the Applicant shall acknowledge its election on the form and PG &E will
use its estimate.
Form 62 -0982
Tariffs and Compliance
* Automated Document, Preliminary Statement, Part A Advice 2458- G- C/2379 -E -C
Decisions 9712- 098,97 -12 -099
Effective Date: July 1, 2004
If Applicant elects to have PG &E perform this work, Applicant shall pay to PG &E, as specified'herein
and before the start of construction, PG &E's estimated - instal ed costs thereof.
Applicant' shall also pay to PG &E the costs for substructures and conduits which PG &E had
previously installed at its own expense in anticipation of the current extension. Any necessary riser
conduit, conduit covering, and miscellaneous riser material required for the line extension shall be
paid for by Applicant and shall be installed by PG &E on PG&E owned and maintained facilities.
Upon completion of construction by Applicant and inspection and acceptance by PG &E, title and
ownership for the gas and electric facilities installed under this Agreement shall vest in PG &E in
accordance with the Acceptance and Conveyance section of this Agreement and as specified in the
respective rule.
Construction Responsibilities of PG &E.
Except as otherwise provided in the rules, PG &E shall be responsible for:
• Providing inspection service to verify Applicant's performance under this Agreement, as
determined by PG &E; and
• Connecting the applicant - installed facilities to PG &E's energized and pressurized supply system
(system tie -in work), as applicable.
PG &E will perform its construction responsibilities for the installation of only those facilities that, in
PG &E's judgment, will be used within a reasonable time to serve permanent loads.
4. Power Quality and Voltage Stability.
Under normal load conditions, PG &E will deliver sustained voltage as close to the nominal service
voltages that are economically practical. Any deviations from the normal voltage levels will be no
greater than the service voltage ranges specified in PG &E's Electric Rule 2. Exceptions to voltage
limits are specified in PG &E's Electric Rule 2. Applicant is responsible for planning, designing,
operating and protecting equipment beyond PG &E's delivery point.
5. Rule 16 Service Extensions. Service Extensions will be installed in accordance with PG &E's Gas
and Electric Rule 16. Applicant shall be responsible for all service trenching.
6. Street Lighting Facilities. If any street lighting facilities are to be installed, the installation shall be
made in accordance with PG &E's applicable street and highway lighting schedule(s).
7. Overhead to Underground Conversions. In the event there is replacement of existing overhead
electric facilities with underground facilities in conjunction with this project, the conversion shall be
made in accordance with the applicable provisions of PG &E's Electric Rule 20.
In the event that there is an Electric Rule 203 or 20.13 conversion in conjunction with this project,
Applicant shall, at its expense, provide any necessary changes to the existing facilities so as to
receive underground electric service at the points specified by PG &E. Underground electric service
will not be energized until all affected premises are equipped to receive service in accordance with
specifications and inspection has been received from the governing jurisdiction.
Applicant shall not work on facilities owned by PG &E.
Form 62 -0982
Tariffs and Compliance
Automated Document, Preliminary Statement, Part A Advice 2458- G- C/2379 -E -C
Decisions 97- 12- 098,97 -12 -099
Effective Date: July 1, 2004
2
8. Allowances and Payments.
Applicant shall pay to PG &E on demand and in advance of any construction, a refundable payment,
shown in Exhibit A, less any allowances shown therein, for any PG &E costs associated with the
extension for the estimated costs of design, administration and the installation of any additional
facilities necessary to complete the extension, including, but not limited to:
• engineering and administrative costs,
• system tie -in work,
• any applicable taxes.
INSPECTION FEES: A payment for PG &E's estimated cost for the inspections by PG &E of work
performed by Applicant or Applicant's contractor, shown in Exhibit A, which shall be a fixed amount,
not subject to reconciliation. Such inspection costs may be subject to otherwise available allowances
and refund up to the difference between the Applicant's Contract Anticipated Costs and PG &E's
estimate for performing the same work. Inspections costs are otherwise non- refundable. The total'
amount subject to refund shall' not exceed PG &E's refundable cost estimate.
NON - REFUNDABLE: A non - refundable payment, shown in Exhibit A, for costs which may include,
but are not limited to:
• re- engineering fees,
• preparation fees for trench composite drawings,
• survey and land rights acquisition costs,
• any applicable taxes.
ALLOWANCES: Allowances for permanent residential and non - residential service are provided in
accordance with Gas and Electric Rule 15 and are included in Exhibit A, as applicable.
ITCC: All contributions and advances by Applicant are taxable and shall include an income Tax
Component of Contributions (ITCC) at the rate provided in PG &E's Preliminary Statement. ITCC will
be either refundable or non - refundable in accordance with the corresponding contribution.
GROUP OF APPLICANTS. The total contribution or advance from a group of applicants will be
apportioned among the members of the group in such manner as they mutually agree.
9. Amount Subject to Refund.
The total refundable amount set forth in Exhibit A - Cost Summary shall be subject to refund, without
interest, on the basis of a new customer's permanent load connected to the line extension that
produces additional revenue to PG &E in accordance with the following provisions:
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
remaining is less than $50.
Residential. The refund will be deducted from the total refundable amount. The remaining amount
subject to refund represents that portion of the extension cost not supported by revenues.
Form 62 -0982
Tariffs and Compliance
Automated Document, Preliminary Statement, Part A Advice 2458 -G -C /2379 -E -C
Decisions 97 -12- 098,97 -12 -099
Effective Date: July 1, 2004
Non- residential: PG &E shall review Applicant's actual base annual revenue each year for the first
three years from the date PG &E is first ready to provide service. Applicant shall be responsible for
notifying PG &E if new, permanent Load is added the fourth through tenth year from the date PG &E is
first ready to provide service. Such review shall determine if additional revenue supports any refunds
to Applicant.
Refund Period., The total refundable amount is subject to refund for a period of ten (tO) years after
PG &E is first ready to provide service. No refund shall be made in excess of the refundable amount
nor after a period of (10) years after the date PG &E is first ready to provide service. Any unrefunded
amount remaining at the end of the ten =year period shall become the property of PG &E.
Refunds in Series: When there is a series of extensions, beginning with an extension having an
outstanding amount subject to refund, and each extension is dependent on the previous extension as
a direct source of supply, a series of refunds will be made as follows:
1. Additional service connections supplied from an extension on which there is a refundable
amount will provide refunds first to the extensions to which they are connected; and,
2. When the amount subject to refund on an extension in a series is fully refunded, the excess
refundable amount will provide refunds to the extension having the oldest outstanding amount
subject to refund in the series.
Gas -only Trenching: If Applicant chooses to perform trenching for PG &E's gas facilities, and
qualifies for a gas extension allowance, PG &E will provide Applicant with a reimbursement or credit
for the lower of PG &E's project - specific estimated costs or Appiidant's Contract Anticipated Costs, as
reported on Applicant's Statement of Costs form (Form # 79- 1003), upon completion and acceptance
by PG &E.
Outstanding Payments: Applicant or subsequent assignees of this Agreement shall not be eligible
for refunds if there are any outstanding payments due PG &E.
10. Unsupported Extension Cost.
When any portion of the refundable amount has not qualified for a refund at the end of twelve (12)
months for electric service or thirty -six (36) months for gas service from the date PG &E is first ready
to provide service, Applicant will pay to PG &E a cost -of- ownership charge on the remaining
refundable balance. Monthly ownership charges are in addition to the refundable amount, and will
normally be accumulated and deducted from refunds due to Applicant.
Payment of such cost -of- ownership charges will normally be made by deduction from the payments
to be refunded as described in the Amount Subject to Refund section of this Agreement, but such
deduction will not thereafter reduce the amount on which the cost -of- ownership charges are
determined. If the amount remaining in the original refundable payment is insufficient to offset the
cost -of- ownership charge within the 10 -year refund period (described in the Amount Subject to
Refund section of this Agreement) PG &E shall have the right to separately bill Applicant for this
deficiency for the remaining duration of the 10 -year refund period. However, the amount subject to
cost -of- ownership charges will continue to be reduced by additional connected loads as defined in
the Amount Subject to Refund section of this Agreement. Such ownership charges shall initially be
determined from the applicable percentage rate established in the Special Facilities section(s) of
PG &E's Gas or Electric Rule 2.
Form 62 -0982
Tariffs and Compliance
Automated Document, Preliminary Statement, Part A Advice 2458- G- C/2379 -E -C
Decisions 97- 12- 098,97 -12 -099
Effective Date: July 1, 2004
The monthly cost -of- ownership charges herein shall automatically increase or decrease without
formal amendment to this Agreement if the Commission should subsequently authorize a higher or
lower percentage rate for the monthly cost -of- ownership, effective on the date of such authorization.
This provision does not apply to individual residential applicants.
11. Payment Adjustments.
Contract Compliance. If after six (6) months following the date PG &E is first ready to serve
residential loads for which allowances were granted, one (1) year for non - residential loads, Applicant
fails to take service, or fails to use the service contracted for, Applicant shall pay to PG &E an
additional contribution.
Excess Facilities: If the loads provided by Applicant(s) results in Applicant, the approved contractor
or PG &E having installed facilities which are in excess of those needed to serve the actual loads,
PG &E may elect to do the following: (1) Applicant shall pay PG &E its estimated cost to remove,
abandon, alter, or replace the excess facilities, including those facilities that PG &E reinforced,
enlarged, or replaced in anticipation of Applicant's proposed load, less the estimated salvage for any
removed facilities, or (2) Applicant shall pay PG &E any Special Facilities charges in accordance with
PG &E's Rule 2 for those facilities, including those facilities that PG &E reinforced, enlarged, or
replaced in anticipation of Applicant's proposed load, which are in excess of those facilities needed to
serve Applicant's actual load. The total cost of the facilities PG &E reinforced, enlarged, or replaced
are shown in Exhibit A.
Deficiency Charges for Non - Payment: Applicant shall pay PG &E for any administrative and
processing charges associated with collecting any payment adjustments related to this Agreement.
12. Non - Refundable Amount.
Discount Option: Competitive Bidding - Installation by Applicant. In lieu of receiving refunds for
the total refundable amount described in the Amount Subject to Refund section, Applicant may elect
the Discount Option. Upon completion, acceptance and conveyance of the gas and electric facilities
to PG &E, in accordance with the provisions of this Agreement, Applicant may elect to receive a lump
sum payment of fifty percent (50 %) of the refundable amount as shown in Exhibit A - Cost Summary.
Discount Option: Competitive Bidding - Installation by PG &E. In lieu of contributing the total
refundable amount described in the Amount Subject to Refund section, Applicant has the option of
contributing, on a non - refundable basis, fifty percent (50 %) of the refundable amount as shown in
Exhibit A - Cost Summary.
Excess Service: PG &E's estimated installed costs for Service Extensions in excess of the
allowance, not subject to discount, as defined in in PG &E's Gas and Electric Rule 16 as shown in
Exhibit A - Cost Summary are non - refundable.
Other Non - refundable Amounts. Applicant shall pay to PG &E a fixed amount as a non - refundable
payment, shown in Exhibit A, for the inspections by PG &E of Distribution System work performed by
Applicant or Applicant's contractor, to the extent that such costs are not covered by allowances
according to Provision 8 of this document, as well as other non - refundable costs which may include,
but are not limited to:
• re- engineering fees,
• preparation fees for trench composite drawings,
• survey and land rights acquisition costs,
• any applicable taxes.
Form 62 -0982
Tariffs' and Compliance
* Automated Document, Preliminary Statement, Part A Advice 2458- G- C/2379 -E -C
Decisions 97 -12- 098,97 -12 -099
Effective Date: July 1, 2004
13. Non - Standard Equipment Installation and Removal.
When the situation requires the location, installation, maintenance, repair and replacement of
specialized or non - standard utility-owned equipment (Equipment) necessary to provide utility service
or perform utility work, Applicant agrees to pay the costs to install PG &E's equipment. Applicant
further agrees that, should the Equipment need to be replaced for any reason, it shall be Applicant's
responsibility to make arrangements and to pay the cost to have the equipment removetl and
replacement equipment installed. PG &E shall be responsible for furnishing and delivering any
replacement to the site. PG &E hereby agrees to the Equipment location on the following terms and
conditions:
• Applicant shall furnish, install, own and maintain the Equipment area within or upon his building
at his sole cost. The construction of the area shall comply with all applicable building code
requirements. The site, access, location, and arrangement of the facilities shall be subject to
PG &E's prior written approval, and any changes or additions thereto shall be made only after
PG &E's prior written approval. Except for required area maintenance by Applicant, under
PG &E's supervision, Applicant shall not have access to the Equipment area.
• Applicant shall make proper arrangements, and pay all the costs associated with the initial and all
subsequent installations and removals of PG &E's Equipment into the Equipment area.
• Applicant shall furnish, install, own and maintain all primary and secondary conduits within the
properly line at his sole cost. The plans for the installation of the secondary service facilities
termination details, and other associated facilities installed by Applicant for PG &E use shall be
subject to PG &E's prior written approval and shall comply with all applicable code requirements.
• Applicant accepts responsibility for any service interruption that may result from PG &E not having
clear access to the Equipment area.
14. General Access.
Where it is necessary for PG &E to install facilities on Applicant's premises, Applicant hereby grants to
PG &E: (a) the right to install, own and maintain such facilities on Applicant's premises together with
sufficient legal clearance between all structures now or hereafter erected on Applicant's premises; (b)
the right to enter rand leave Applicant's premises for any purpose connected with the furnishing of gas
and electric service (meter reading, inspection, testing, routine repairs, maintenance, replacement,
emergency work, etc.) and the exercise of any and all rights secured to it by law, or under PG &E's
tariff schedules.
15. Land Rights.
Where formal rights -of -way, easements, land leases, or permits are required by PG &E for the
installation of the facilities on or over Applicant's property, or the property of others, Applicant
understands and agrees that PG &E shall not be obligated to install the Facilities or accept the
facilities installed by Applicant or the approved contractor unless and until any necessary permanent
rights -of -way, easements, land leases, or permits, satisfactory to PG &E, are granted to or obtained
for PG &E without cost to or condemnation by PG &E; however, if PG &E is unable to obtain such land
rights, Applicant shall obtain them. Such easement shall include the right of access and right to trim
trees as necessary to maintain required legal clearances from overhead wires.
16. Acceptance and Conveyance,
In accordance with the PG &E's General Terms and Conditions attached, and upon (a) PG &E's
receipt of any required formal rights -of -way, easements, leases, and permits, and (b) PG &E's
Form 62 -0982
Tariffs and Compliance
` Automated Document, Preliminary Statement, Part A Advice 2458- G- C/2379 -E -C
Decisions 97 -12- 098,97 -12 -099
Effective Date: July 1, 2004
pressurization and energization of facilities installed by Applicant, Applicant hereby grants and
conveys to PG &E, its successors and assigns, all rights, title and interest in and to all such work and
facilities, free and clear of all liens and encumbrances.
17. Safety Precautions.
Applicant shall ascertain the location of all existing gas and electric facilities of PG &E within the
scope of Applicant's construction area and inspect the area initially and periodically during
construction to verify the location of all existing and new PG &E facilities. Applicant and PG &E shall
perform all work in compliance with applicable federal, state, and local laws, rules and regulations.
Applicant shall inform all persons doing work in proximity of the location of PG &E's facilities and
ensure that all work of non -PG &E employees is planned and conducted in a manner to safeguard
persons and property from injury. Work performed in close proximity to PG &E's energized electric
facilities and pressurized gas facilities also shall be performed in accordance with established Cal -
OSHA safety, rules and practices, and as may be directed by PG &E. Only personnel duly authorized
by PG &E are allowed to connect or disconnect conductors from PG &E -owned Service Facilities, or
perform any work upon PG &E -owned existing facilities.
18. Delays in Construction.
• Force Majeure. PG &E shall not be responsible for any delay in either the performance of
Applicant's responsibilities under this Agreement, or the installation or completion of the facilities
by PG &E resulting from shortage of labor or materials, strike, labor disturbance, war, riot,
weather conditions, governmental rule, regulation or order, including orders or judgments of any
court or commission, delay in obtaining necessary land rights, act of God, or any other cause or
condition beyond the control of PG &E.
• Resources. PG &E shall have the right, in the event it is unable to obtain sufficient supplies,
materials, or labor for all of its construction requirements, to allocate materials and labor to
construction projects which it deems, in its sole discretion, most important to serve the needs of
its customers. Any delay in construction hereunder resulting from such allocation shall be
deemed to be cause beyond PG &E's control.
• Inflation. In the event that PG &E is prevented from commencing the installation of the facilities
for reasons beyond its reasonable control within twelve months following the effective date of this
Agreement, PG &E shall have the right to revise the cost figures to reflect any increases in costs
since the original costs were determined. PG &E shall notify Applicant of such increased costs
and give the option to either terminate this Agreement or pay PG &E the additional charges.
19. Change Orders and Relocations.
All standard design or construction changes made in the field, which impact the charges to Applicant,
will be made using PG &E's Agreement Change Order. These field changes, including unforeseen
field conditions which may result in additional work or costs by Applicant, the approved contractor or
PG &E, may require sketch revisions of Exhibit B. Unforeseen field conditions include, but are not
limited to, contaminated soil, obstructions, and weather conditions. The proper execution and
attachment of the Agreement Change Order, and any necessary changes to supersede Exhibit A
resulting from the change order, constitutes formal amendment to this Agreement. Applicant shall
pay PG &E for any such changes in accordance with the appropriate tariff.
EXCEPTION: If the requested changes are in addition to or substitution for the standard Facilities that
PG &E would normally install, then a Special Facilities Agreement shall be required under the
provisions of Section I of Rule 2.
Form 62 -0982
Tariffs and Compliance
* Automated Document, Preliminary Statement, Part A Advice 2458 -G -C /2379 -E -C
Decisions 97 -12- 098,97 -12 -099
Effective Date: July 1, 2004
20. Termination of Agreement.
In the event Applicant has not fulfilled its obligations under this Agreement within twelve (12) months
following the date of this Agreement, and PG &E is unable to proceed hereunder, PG &E shall have
the right to terminate and /or supersede this Agreement upon thirty (30) days' written notice to
Applicant. Upon such notice PG &E will calculate any refundable or additional non - refundable
amounts that may be due based on that portion of the distribution system then completed, utilizing
the estimated costs developed by PG &E for this Agreement.
The superseding Agreement, if any, shall be in the same form as this Agreement, shall be executed
by the parties hereto and shall provide that costs be allocated to the portion of the Distribution
System then completed, if any, consistent with those costs estimated by PG &E for this Agreement.
If this Agreement is terminated as set forth above, Applicant further agrees to forfeit that portion of the
advance paid to PG &E for its expenses covering any engineering, surveying, right -of -way, removal,
acquisition and other associated work incurred by PG &E. If such expenses are greater or less than
the refundable and /or non - refundable payments, Applicant shall pay to PG &E, or PG &E shall refund
the balance without interest, to Applicant, as the case may be.
21. Indemnification and Withholding.
INDEMNIFICATION: Applicant shall indemnify, defend and hold hanniess PG &E, its officers,
directors, agents, and employees, from and against all claims, demands, losses, damages, costs,
expenses, and legal, liability connected with or resulting from injury to or death of persons, including
but not limited to employees of PG &E, Applicant, contractor or subcontractor; injury to property of
PG &E, Applicant, or any third party, or to natural resources, or violation of any local, state or federal
law or regulation, including but not limited to environmental laws or regulations, or strict liability
imposed by any law or regulation; arising out of, related to, or in any way connected with Applicant's
performance of this Agreement, however caused, regardless of any strict liability or negligence of
PG &E, whether active or passive, excepting only such claims, demands, losses, damages, costs,
expenses, liability or violation of law or regulation as may be caused by the active negligence or
willful misconduct of PG &E, its officers, agents, or employees.
Applicant acknowledges that any claims, demands, losses, damages, costs, expenses, and legal
liability that arise out of, result from, or are in any way connected with the release or spill of any
legally designated hazardous material or waste as a result of the work performed under this
Agreement are expressly within the scope of this indemnity, and that 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, attorney's fees, disbursements, and other response costs are expressly
within the scope of this indemnity.
Applicant shall, on PG &E's request, defend any action, claim or suit asserting a claim covered by this
indemnity. Applicant shall pay all costs that may be incurred by PG &E in enforcing this indemnity,
including reasonable attorney's fees.
WITHHOLDING: In addition to any other right to withhold, PG &E may withhold from payments due
Applicant hereunder such amounts as, in PG &E's opinion, are reasonably necessary to provide
security against all loss, damage, expense, and liability covered by the foregoing indemnification
provision.
22. Assignment of Contract.
Applicant may assign this Agreement, in whole or in part, only if PG &E consents in writing and the
party to whom the Agreement is assigned (Assignee) agrees in writing, to perform the obligations of
Form 62 -0982
Tariffs and Compliance
' Automated Document, Preliminary Statement, Part A Advice 2458 -G -C /2379 -E -C
Decisions 97 -12 -098,97 -12 -099
Effective Date: July 1, 2004
Applicant hereunder. Such assignment shall be made using PG &E's Assignment Agreement and
shall be notarized. Assignment of this Agreement shall not release Applicant from any of the
obligations under this Agreement unless otherwise provided therein, shall be deemed to include
Applicant's right to any refunds then unpaid or which may thereafter become payable.
23. Joint and Several Liability.
Where two or more individuals or entities are joint applicants under this Agreement, PG &E shall direct
all communications, charges and refunds to Applicant designated below, but all applicants shall be
jointly and severally liable to comply with all terms and conditions herein.
24. Warranty.
As specified in PG &E's General Terms and Conditions, Applicant shall warrant that all materials and
workmanship performed or otherwise provided by Applicant shall be free of all defects and fit for its
intended purposes. The warranty begins with the date the facilities are energized or pressurized by
PG &E and extends past the date of final acceptance of the Distribution System by PG &E for (a) one
year covering equipment furnished and installed by Applicant or the approved contractor, and (b) two
years plus, covering the trenching and backfilling. In the event Applicant's work or materials provided
under this Agreement fails to conform to the warranty or are damaged as a result of any actions by a
third party, Applicant shall reimburse PG &E its costs for the total cost of repair and /or replacement as
deemed necessary by PG &E. Such reimbursements shall be non - refundable.
25. Effective Date and Term.
This Agreement shall be binding when: (a) the Agreement is signed by Applicant and delivered
together with payment required to PG &E within ninety (90) days of issuance, and (b) the Agreement
is accepted and executed by PG &E, If Applicant is a corporation, partnership, joint venture or a group
of individuals, the subscriber hereto represents that he or she has the authority to bind said
corporation, partners, joint venture or individuals as the case may be.
The term of this Agreement shall commence on the date PG &E's facilities are first ready to supply
and serve, as shown in PG &E's records, and shall then continue in force for a period of ten years,
subject to the termination provision of this Agreement
26. Commission Jurisdiction.
This Agreement shall be subject to all of PG &E's applicable tariff schedules on file with and
authorized by the Commission and shall at all times be subject to such changes or modifications as
the Commission may direct from time to time in the exercise of its jurisdiction. These may include,
but are not limited to changes or modifications to Monthly Cost -of- Ownership Charges (higher or
lower percentage rates), extension rules, rate schedules, allowances and refund amounts.
Form 62 -0982
Tariffs and Compliance
" Automated Document, Preliminary Statement, Part A Advice 2458 -G -C /2379 -E -C
Decisions 97- 12- 098,97 -12 -099
Effective Date: July 1, 2004
0
Pacific Gas and
Electric Company
10900 North Blaney Avenue
Cupertino, CA 95014
January 27, 2005 .SAN 802006
City of Cupertino
Dept. Of Public Works
Ms, Carmen Lynaugh
1 0300 Torre Avenue
Cupertino, CA, 95014 -3255
REF; Mary Avenue Bridge
Dear Carmen;
Inclosed please find the Agreement to Perform Tariff Schedule Related Work. This is
for work to be performed at the City's request to relocate electric, facilities for the new
pedestrian bridge at Hwy 280.
Please have the agreement signed by the appropriate official and return to my attention
along with your check in the amount of $101,275.00.
Upon receipt of the funds your job will be scheduled for construction and a meeting will
be held at the site to confirm the construction details.
f incerely 1
J
oseph Mattingly
Industrial Power Engineer
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