HomeMy WebLinkAboutPG&E g110fool �
STD 213(Rev 06/03)
Agreement Number
Registration Number
1. This Agreement is entered into between the Agency and the Owner named below:
AGENCY'S NAME
City of Fresno
OWNER'S NAME
Pacific Gas and Electric Company
2. The term of this September 1,2018 through December 31,2020
Agreement is: or upon execution the commencement
date shall be such later date that this
Agreement has been fully executed by
both Parties
3. The maximum amount $415,000.00 for Design&Construction Oversight Only
of this Agreement is: Four Hundred Fifteen Thousand Dollars and No Cents
4. The parties agree to comply with the terms and conditions of the following exhibits which are by this reference made a part of
the Agreement.
Exhibit A—Utility Agreement 16 pages
Exhibit B—General Terms and Conditions 4 pages
Exhibit C—Supplemental Federal and City Terms and Conditions 10 pages
Exhibit C-1—Form of Buy America Certificate of Compliance 1 page
Exhibit D—Terms Applicable to Subcontractors(PG&E Flowdown Terms) 11 pages
Exhibit E—Rates 3 pages
Exhibit F—Form of Notice to Owner 2 pages
Exhibit G—Form of Invoice 4 pages
Exhibit H—Cost Estimate 1 page
IN WITNESS WHEREOF,this Agreement has been executed by the parties hereto.
OWNER
OWNER'S NAME(if other than an individual,state whether a corporation,pmYnership,etc)
Pacific Gas and El tris Company
BY{ -•a'sign anim DATE SIGNED(Do not type)
L" to,
PRINTED NAME AND VOF PERSON SIGNING
Robert Jones,Manager Land Rights _
ADDRESS
77 Beale St,San Francisco,CA 94105
CITY OF FRESNO
AGENCY NAME
City of Fresno
BY(AuthorizedS'i rxtnrrrf DATE SIGNED(Do not type)
PRINTED NAME AND TITLE OF PERSON 5 NING
Scoff M ozk-c . Pkk 1 ATTEST: __ r
ADDRESS ATTEST:
2600 Fresno Street,Fresno,CA 93721 YVM E SPEN E, CMC
C
By.— r� /ofz7a/8r
p uty
CITY OF FRESNO
PACIFIC GAS AND ELECTRIC COMPANY
PAGE 1 of 16
EXHIBIT A:
UTILITY AGREEMENT
II 1. SCOPE OF AGREEMENT, OTHER AGREEMENTS, AND RELATIONSHIP OF
PARTIES
1.1 Parties. The CITY OF FRESNO, herein called "City" (which term includes its
officers, agents, contractors, subcontractors, successors and assigns and other public agencies performing
projects in connection with the HSR Project)proposes to design and construct facilities for the development
and implementation of inter-city high-speed rail service on behalf of the California High-Speed Rail
Authority(the HSR Project). This agreement, herein referred to as "Agreement", of which this Exhibit A
Utility Agreement and the other exhibits hereto are a part, is for the design and construction phase of the
HSR Project along G Street from Santa Clara Street in the City of Fresno to the North to East California
Street to the South, herein referred to as "CFP 01". The project alignment will extend approximately half
a mile in length consisting of embankments,grade separations and aerial structures. PACIFIC GAS AND
ELECTRIC COMPANY, herein called "Owner'; owns and maintains gas and electric transmission,
distribution and service facilities, and telecommunications facilities,within the limits of CFP 01,some of
which will require relocation to accommodate the HSR Project.
1.2 City Responsibility. The work to be performed hereunder by Owner, City and
others has been requested by City to accommodate the HSR Project.
1.3 Related Agreements. This Agreement is entered into in recognition that Owner
has entered into other agreements with the California High-Speed Rail Authority relating to the HSR
Project. This section describes certain of those agreements.
(a) Agreement HSR13-52 ("Master A ear ement"). This Agreement relates to
particular work envisioned by Owner and the California High-Speed Rail Authority when they entered into
the Master Agreement. Any capitalized terms used herein but not defined herein, and which are defined
in the Master Agreement,will have the meaning as defined in the Master Agreement.
1.4 Owner Not Contractor. Owner is not a contractor as defined by the California
Contractors State License Board,but is a contractor in that Owner is a party entering into this contract with
the City of Fresno.
1.5 Parties' Representatives. Other than notices as described in Section 8.1(c) or
Section 8.2,(a) Owner shall send all routine communications to City's Representative;and(b)Owner shall
designate and inform City of one or more Owner representatives to receive routine communications. All
such communications may be by email or other practical mode. The Parties reserve the right to assign,
remove or reassign their respective representatives at their discretion.
2. DEFINITIONS
"AApplicable Law"means all local, state, and federal laws, rules, regulations, ordinances,building
code or other codes, statutes,or regulations,or lawful orders of Governmental Authorities that are relevant
to proper and safe performance of the Work, as well as occupancy and operation of the Work, including
but not limited to, all applicable FERC,NERC, Cal1SO, U.S. DOT, and CPUC regulations, rules, orders,
decisions,and requirements.
CITY OF FRESNO
PACIFIC GAS AND ELECTRIC COMPANY
PAGE 2 of 16
EXHIBIT A:
UTILITY AGREEMENT
"Ap owed_Material Suppliers"is defined in Exhibit D, Section D.9.
"Approved Subcontractors" means Subcontractors approved by Owner in writing specifically
indicating that the entity is an Approved Subcontractor under this Agreement.
"As-Built"means a drawing clearly showing all installed facilities(for trench work,on a.3D basis
that shows the x, y and z axis locations),prepared upon completion of Work.
"Ci'is defined in Section 1.1.
"City's Contractor"' means a company, joint venture, partnership, limited liability company, or
person that enters into a contract with the City for performance of work on the HSR Project and for the
performance of Facility Work,as defined herein.
"City's Engineer" means City's field representative to whom Owner and City make known
decisions, instructions and interpretations. Each Notice to Owner may have a different City's Engineer.
With the exception of the types of notices described in Section 8.2,notices given the City's Engineer shall
be deemed notices given to City.
"Betterment" means the difference in cost between the intended Relocation of Owner's Facility
and a Relocation which would provide Owner with equivalent substitute Facilities for those Facilities
requiring Relocation to accommodate the HSR Project. As employed herein,Betterment does not include
those differences in cost caused by changes in manufacturing standards, availability of materials, or
regulatory requirement.
"Cal-ISO" means the California Independent System Operator, or its regulatory successor, as
applicable.
"CPUC" means the California Public Utilities Commission, or its regulatory successor, as
applicable.
"l;acility"or"facilities"means any Utility owned and operated by Owner.
"FRA"means the Federal Railroad Administration,or any successor agency.
"Good Utility Practice"means any of the practices,methods and acts engaged in or approved by a
significant portion of the gas and electric utility industry during the relevant time period, or any of the
practices,methods and acts which,in the exercise of reasonable judgment in light of the facts known at the
time the decision was made,could have been expected to accomplish the desired result at a reasonable cost
consistent with good business practices, reliability, safety and expedition. Good Utility Practice is not
intended to be any one of a number of the optimum practices,methods,or acts to the exclusion of all others,
but rather to be acceptable practices,methods,or acts generally accepted in the region.
"Govermnental City"means any federal,state or local government and any political subdivision or
any governmental,quasi-governmental,judicial,public or statutory instrumentality,administrative agency,
City,body or entity, other than City.
CITY OF FRESNO
PACIFIC GAS AND ELECTRIC COMPANY
PAGE 3 of 16
EXHIBIT A:
UTILITY AGREEMENT
"Governmental Authorization"means any approval,authorization,certification,consent,decision,
exemption, filing, lease, license, permit, agreement, concession, grant, franchise, registration, or ruling,
required by or with any Governmental City in order to design and construct the HSR Project(including the
related Owner projects which are required to support the HSR Project), or operate the HSR Project
(including such Owner projects) until final acceptance, including any supplemental documents or
amendments thereto.
"Hazardous Materials"means any hazardous substance,hazardous material,or hazardous waste as
defined under state or federal law.
"HSR Project" means the development and implementation of intercity high-speed rail service
throughout the State of California as defined under current provisions of Sections 2704 et seq. of the Streets
and Highways Code and Sections 185030 et seq. of the Public Utilities Code.
"Legal Re uirement s" means any statute, law, regulation, ordinance, rule, judgment, order,
decree, permit, concession, grant, franchise, license, agreement, directive, guideline, criteria, standard,
policy requirement or other governmental restriction or any similar form of decision or determination by,
or any interpretation or administration of any of the foregoing by, any Governmental City, which is
applicable to the Work or the HSR Project,whether now or hereafter in effect.
"NERC"means North American Electric Reliability Corporation.
"Notice to Owner"means a notice in the form of Exhibit F.
"Owner"is defined in Section 1.1.
"Party"means City or Owner,or both, as the context requires.
"PG&E Flowdown Terms"is defined in Section 3.4(c).
"Private Right-of-Way of Owner" means a property right held by Owner in the form of either a
recorded or fully executed deed in the usual form or other valid instrument recorded or fully executed and
conveying a permanent property right for the Facility within the HSR Project right-of-way that is subject
to a recorded Joint Use Agreement(JUA)or Consent To Common Use Agreement(CCUA).
"Relocation" means removal, relocation, abandonment, protection or any other arrangement of
Owner's Facility as ordered and approved by City to accommodate the HSR Project.
".Subcontractor"means a party entering into a contractual agreement with City, City's Contractor
or another Subcontractor for any portion of the Work. For the avoidance of doubt,an City's Contractor is
also a Subcontractor.
"System Tie-In Work"is defined in Section 3.1.
"Utility" means Owner's electric and gas Facilities, and communications associated therewith
(whether existing or acquired hereby). The necessary appurtenances to each Facility shall be considered
CITY OF FRESNO
PACIFIC GAS AND ELECTRIC COMPANY
PAGE 4 of 16
EXHIBIT A:
UTILITY AGREEMENT
part of such Utility. Without limitation,any service line connecting directly to a Utility shall be considered
an appurtenance to that Utility, regardless of the ownership of such service line. However, when used in
the context of the removal,relocation and/or protection of Facilities to accommodate the HSR Project, the
term"Utility"or"utility"specifically excludes (a)traffic signals, street lights, and crossing equipment, as
well as any electrical conduits and feeds providing service to such Facilities, and (b)cellular
telecommunications towers and related facilities. For this purpose,all electrical lines that connect(directly
or indirectly) to traffic signals, street lights, and/or crossing equipment shall be deemed to provide service
to such Facilities if they do not carry electricity that will serve any other type of facilities.
"Work"means all services,labor,materials and other efforts to be provided and performed by City
hereunder, including the following general categories: scheduling, utility relocation, demolition,
permitting, survey, geotechnical, design, environmental mitigation, construction, quality control, and
quality assurance for design and construction, community relations, quality inspection and testing,
construction safety and security program, system testing, preparation of Computer-Aided Design and
drafting As-Built drawings, coordination with jurisdictional authorities (governments, public and private
entities), utility companies, railroad companies, and local communities, and other efforts necessary or
appropriate to complete the design, procurement and construction required in conjunction with the HSR
Proj ect.
3. RESPONSIBILITIES OF CITY
3.1 Design, ProcuremenL Construction. City shall have responsibility for the design,
procurement and construction of Facilities specified within each Notice to Owner,as further detailed herein.
City agrees to cause the Work to be performed by City's contractors, employed by written contract to
perform work of this type and to provide and furnish all necessary labor, materials, tools, and equipment
required therefor, and to prosecute said Work diligently to completion, including connecting the Facilities
installed under this Agreement to Owner's energized and pressurized operating facilities{"System Tie-In
Work").
3.2 Payment for HSR Project.
(a) Liability for the work is at 100% City expense pursuant to the Master Agreement
by and between the California High-Speed Rail Authority and Pacific Gas and Electric Company
dated April 14, 2014. City is responsible for payment of the actual costs, less any credits, of all
work to complete the Relocation of Owner's Facilities necessitated by the HSR Project. Unless
this Agreement expressly provides that a service of Owner is to be"at Owner's cost"(or the like),
City will compensate Owner for all Owner's work provided hereunder in accordance with
Section 6.
(b) The parties acknowledge that the initial Agreement amount of$415,000 may be
insufficient for Owner to complete its responsibilities hereunder—the initial estimate for which is
$415,000. At such time as Owner expenditures reach approximately 50% of the then-current
Agreement amount,Owner will provide notice to City of the expenditures to-date. City
understands and agrees that(A) estimates of expenditures are inherently imprecise,often
depending on third-party input,which can be delayed,and on other unknowns,(B)Owner may
CITY OF FRESNO
PACIFIC GAS AND ELECTRIC COMPANY
[ PAGE 5 of 16
( EXHIBIT A:
E UTILITY AGREEMENT
cease work if City does not increase the Agreement amount by amending this Agreement as
contemplated by Section 6.3(a)by the time Owner reaches 90%of the Agreement amount(except
when Owner believes that the Agreement amount will be sufficient to complete the work), (C)if
Owner ceases work under this Section,Owner may not provide a complete work product to City,
and the amount necessary to complete the work may increase due to the work stoppage,and
(D)while Owner understands that City may not expend more than the then-current Agreement
amount, Owner cannot guarantee that its costs will not exceed the Agreement amount.
3.3 Standards. City shall perform the Work or, to the extent City contracts with
Subcontractors, shall cause such Subcontractors to perform the Work, generally using Good Utility
Practice, and otherwise in compliance herewith. City's engineering, procurement and construction of
Owner's Facilities shall comply with all requirements provided by, or made available by, Owner, to City
or Subcontractors which pertain to engineering,procurement or construction of Owner's Facilities. For the
avoidance of doubt, Owner will provide and make available such requirements in the same manner as
Owner would to other entities constructing facilities to ultimately be owned by Owner, in some cases
through access to information on Owner's website.
3.4 Subcontractors.
(a) Selection. Any Subcontractor performing Work shall have been approved in
writing by Owner for the particular type of Work which will be performed by that Subcontractor.
City shall only solicit installation bids from qualified Subcontractors who shall: (i)be licensed in
California for the appropriate type of work (electrical, general, etc.) and (ii)employ workers
properly certified for specific skills,required(plastic fusion,welding, etc.). Electric workers shall
be properly qualified (Qualified Electrical Worker, Qualified Person, etc.) as defined in State of
California High Voltage Safety Orders(Title 8, Chapter 4, Subchapter 5,Group 2).
(b) Chain of Responsibility. City shall be responsible for ensuring (i)that
Subcontractors are informed of the applicable requirements of this Agreement, including without
limitation the PG&E Flowdown Terms,and(ii)that Subcontractors in fact comply with applicable
provisions of this Agreement. Owner shall have reasonable access during all phases of the Work
for the purpose of inspection and monitoring to assure itself that the Work is being completed in
accordance with the approved plans and Owner's standards and specifications.
(c) Flowdown Terms. Terms of this Agreement to include in City's agreements with
Subcontractors for procurement, design and construction of Owner's Facilities are attached hereto
as Exhibit D("PG&E Flowdown Terms"); provided that in City's discretion, it may include in its
subcontracts additional terms hereof(e.g., all or portions of Exhibit B and Exhibit C,provisions of
this Section 3 that are not already included in the Flowdown Terms or particular provisions hereof
that might apply only to a particular Subcontractor). The PG&E Flowdown Terms will apply to
any physical on-site portion of the Work beyond supervision and management. City employees
will not perform this work. All Parties agree to honor the City's Contractor's and Subcontractors'
site safety rules to the same degree as is required of any site visitor.
CITY OF FRESNO
PACIFIC GAS AND ELECTRIC COMPANY
PAGE 6 of 16
EXHIBIT A:
UTILITY AGREEMENT
(d) Persons Not to Bind Owner. Neither City nor any Subcontractor,regardless of its
being included on the Approved Subcontractors list,shall bind or purport to bind Owner.
(e) Insurance. The City's Contractor shall procure such insurance coverages with
commercially reasonable insurance limits as are required by City, and shall name Owner as an
additional insured.
3.5 Materials. The Parties acknowledge that Exhibit C includes the `Buy America"
requirements applicable in the event Owner were to procure materials to be incorporated in the HSR Project
in performance of Owner's obligations hereunder. It is the intent of the Parties that under this Agreement
Owner will not be procuring or providing any materials for incorporation in the HSR Project. If City wishes
Owner to procure or provide any materials under this Agreement, the Parties will coordinate with the
Federal Rail Administration as to which components proposed in the designs would require Buy America
compliance,prior to acquisition by Owner.
3.6 Notices to Owner.
(a) The Work will be described by City in Notices to Owner(each, an"NTO"). City
may issue multiple NTOs per location to cover coordination and design oversight; and then design
approval, subcontractor approval and construction oversight. The form of Notice To Owner,
Exhibit F,may be amended,changed or altered by mutual consent of the parties in writing without
requiring an amendment to this Agreement.
(b) All Work shall be performed substantially in accordance with City's approved
relocation plan,a copy of which will be on file in City's office located at 2600 Fresno Street,Room
4036, Fresno, CA 93721. Any revision to a Notice to Owner, initiated by either City or Owner,
shall be agreed upon by both parties hereto under a Revised Notice to Owner. Such Revised Notice
to Owner, approved by City and acknowledged by Owner, will constitute an approved revision of
the Notice to Owner and is hereby made a part hereof. No work under said deviation shall
commence prior to written execution by Owner of the Revised Notice to Owner.
3.7 Coordination With Others,
(a) Permits. Whenever feasible under Applicable Law,City or City's Contractor shall
comply with all local agency and/or private utility permitting and requirements necessary to
complete the Work including payment of all fees, furnishing all warranties and insurances,
adherence to design, construction and safety standards, furnishing all mitigation measures and
complying with all other required provisions. To the extent Applicable Law requires Owner to
obtain a required Governmental Authorization (such as, potentially, notices to and authorizations
from the CPUC under its General Order 131-D), City shall fund the acquisition of such
Governmental Authorizations by Owner(including funding and preparing supporting applications
and other documentation, in coordination with Owner for Owner's submittal) and cooperate with
and assist Owner in its efforts to obtain them; Owner shall cooperate with City within reasonable
timeframes to obtain such Governmental Authorizations. In advance of any specific Relocation,
City shall consult with Owner in evaluating and determining what Governmental Authorization
(including but not limited to from the CPUC),if any,may be required for the Relocation.
CITY OF FRESNO
PACIFIC GAS AND ELECTRIC COMPANY
PAGE 7 of 16
EXHIBIT A:
UTILITY AGREEMENT
(b) Environmental Review. CPO1 is included within the Final Environmental Impact
Report/Environmental Impact Statement (Final EIR/EIS) for the Merced to Fresno section of the
HSR Project. The California High-Speed Rail Authority's Board of Directors certified the Final
EIR/EIS under the California Environmental Quality Act (CEQA) on May 3, 2012. The FRA
issued a Record of Decision (ROD) under the National Environmental Policy Act (NEPA) on
September 18,2012. Wherever feasible under Applicable Law,unless otherwise expressly agreed
in writing by the Parties, or unless Applicable Law requires Owner to obtain a required
Governmental Authorization (see Section 3.7(a) above), City shall be responsible, at its sole cost
and expense, (i) for compliance with all laws, rules, and regulations, including all environmental
laws, rules, and regulations, applicable to any Relocation, (ii)to obtain, by the time required for
performance of the applicable Work, all Governmental Authorizations or other agreements or
approvals that may be necessary from Governmental Authorities or third parties for any Relocation;
and (iii)to not proceed with the applicable Work until all Governmental Authorizations required
by City, Owner or others have been obtained. City does not (I)waive City's rights regarding the
application of the Interstate Commerce Commission Termination Act of 1995 (ICCTA),including
the defense that ICCTA preempts non-federal Governmental Authorizations,and application of the
California Environmental Quality Act,to the HSR Project,or(II)create an implied agreement that
CEQA and/or such environmental permitting requirements apply to the HSR Project. City shall
ensure that the environmental effects of relocation, modification, or construction of any Facilities
subject to this Agreement are included and analyzed in City's environmental review,regardless of
whether City or Owner will obtain any Governmental Authorizations associated with the Facility.
Prior to commencement of any specific Relocation, City shall provide to Owner documentation
showing that the Relocation and an analysis of its environmental effects has been included in the
applicable CEQA/NEPA documentation.
(c) Land Rights. Prior to performing any Work on third parties' property, City shall
obtain sufficient rights to occupy the property and perform the Work.
3.8 Hold Points. City shall submit to Owner the following items prior to the
time/event indicated in the second column, and shall obtain Owner's written approval of the item before
proceeding,such approval not to be unreasonably withheld. Each Party shall promptly respond to requests
from the other Party for further information or details on any item under this Agreement. Specific review
periods may be agreed to by the Parties in a separate schedule coordinated by the City's Contractor.
Item for Owner Approval Submission and Approval
of Owner Prior To:
Notice to Owner Predesi n Meeting
Predesi n Meeting/Site visit Design Review/Approval
Draft agreements for land rights(except where the agreement is,in all Construction
material respects,in a form already agreed by Owner
Design Review Approval/Materials Review(may include request for Construction(or further design,
approval at less than 100%completion,with any such approval being as as applicable)
customarily provided for the lesser percentage of completion)
Cut Over Clearance Scheduled Construction
Governmental Authorizations if an ) Construction
Construction Testing
CITY OF FRESNO
PACIFIC GAS AND ELECTRIC COMPANY
PAGE 8 of 16
E EXHIBIT A:
UTILITY AGREEMENT
k
Proposed Outage Timing Outage(and in time for Owner
to provide notice to customers
Testing/Acceptance Tie-in
Red Line Drawings Tie-in
As-Built Drawings Project Close
Mapping Project Close
3.9 Remedy .of Deficiencies. At any time, should any phase of the engineering,
equipment procurement, or construction of Owner's Facilities not meet the standards and specifications
( required hereby, City shall be obligated to remedy deficiencies in that portion of Owner's Facilities.
3.10 Project Tinieline Chart[ . City or City's Contractor will develop a schedule to
organize the Work,including responsibilities of Owner and all proposed outages. Any scheduling involving
Owner shall be subject to Owner approval,which shall not be unreasonably withheld.
3.11 Turnover.
a Land Rights.
(i) Whenever Owner's affected Facilities will remain within the existing
Private Right-of-Way of Owner,and these Facilities will fall within the right-of-way of the
HSR Project under the jurisdiction of City, City and Owner shall jointly execute an
agreement for common use of the subject area, which agreement shall also confirm any
prior rights held by Owner in said Private Right-of-Way of Owner.
(ii) Whenever Owner's affected Facilities will be relocated from the existing
Private Right-of-Way of Owner to a new location that falls outside such existing Private
Right-of-Way of Owner,City shall convey or cause to be conveyed a new right-of-way for
such relocated Facilities as will correspond to the existing Private Right-of-Way of Owner.
For such Relocations, City shall issue, or cause to be issued, to Owner, without charge to
Owner or credit to City, appropriate replacement rights in the new location mutually
acceptable to both City and Owner for those rights previously held by Owner in its existing
Private Right-of-Way. In discharge of City's obligations under this Paragraph,in the event
that the new location falls within the right-of-way of the HSR Project under the jurisdiction
of City, City and Owner shall jointly execute an agreement for joint use of said new area
which agreement shall also confirm any prior rights held by Owner in said Private Right-
of-Way of Owner. In consideration for these replacement rights being issued by City,
Owner shall subsequently convey to City, or its nominee, within City's Right-of-Way,all
of its corresponding right,title and interest within Owner's existing Private Right-of-Way
so vacated.
(iii) If an existing Private Right-of-Way of Owner includes fee title,City shall
acquire from Owner,for just compensation under State law,those property rights required
by City for the HSR Project by separate transaction, leaving to Owner those remaining
property rights appropriate for the placement and operation of Owner's Facilities in the
Private Right-of-Way of Owner.
CITY OF FRESNO
PACIFIC GAS AND ELECTRIC COMPANY
PAGE 9 of 16
EXHIBIT A:
UTILITY AGREEMENT
(b) Transfer of Title and Responsibility to Owner. Title and ownership for the
Facilities installed under this Agreement shall vest in Owner, and the Facilities will be deemed
finally accepted by Owner and maintenance responsibilities therefor assumed by Owner, upon
(i)completion of construction by City and inspection and acceptance by Owner and(ii)successful
pressurization or energization of the distribution or transmission system making the distribution or
transmission system operational.
(c) Other Deliverables Upon and After Turnover. At the time of transfer of title and
ownership of the Facilities as described in Section 3.11(b),City shall have obtained sufficient land
rights for Owner to operate and maintain the Facilities. Within 180 days after transfer of ownership
of Facilities as contemplated by Section 3.11(b),City shall deliver to Owner the other deliverables
described in this Agreement. Upon request, City will deliver to Owner a bill of sale for personal
property or other indicia of title in the Work or portions thereof being vested in Owner. In the event
City has not obtained sufficient replacement land rights for Owner's Facilities at the time of transfer
of title and ownership as set forth in Sections 3.11(a)and(b)above,City shall hold Owner harmless
for any and all claims that relate to or arise from the alleged insufficiency of Owner's right to
occupy the property with Owner's Facilities.
(d) Work Conveyed Free of Liens. City warrants that all Work shall be conveyed by
City to Owner free and clear of all liens, stop payment notices, claims, security interests or
encumbrances in favor of City, its consultants and Subcontractors, suppliers, equipment vendors,
and other persons and entities entitled to make a claim by reason of having provided design
services, labor,materials or equipment relating to the Work.
(e) Tagging. On final walk-thio and before energization or pressurization, City shall
tag the electrical distribution, electrical services and gas services with the letters "AIF" and the
anticipated expiration date of the material warranty. Identification shall be by affixing an orange
plastic tag to the electrical wire in each primary and secondary enclosure, to the wires in the
electrical service panels and to the gas service risers.
(f) Materials Warranties. City shall assign all material warranties to Owner along
with transfer of title. Materials incorporated into the Work shall benefit from the same length and
type of warranty as would apply if Owner were purchasing such materials, and in any event shall
have a minimum one-year duration. City shall notify Owner of the warranty period and other
warranty terms for materials and all other Work. Guarantee and warranty periods shall commence
on the date of transfer of title as described in Section 3.11(b).
(g) Partial Acceptance. In Owner's discretion upon City's request,Owner may accept
portions of the Work which have been completed. City shall minimize future hot tie-ins and Work
near energized or pressurized facilities.
3.12 Hazardous Materials. Upon discovery of Hazardous Material in connection with
the Work,the Parties shall confer to explore all reasonable alternatives and agree on a course of action,and
City shall immediately reschedule the Work to complete the Work in accordance with City's reasonable
schedule and in compliance with Applicable Law concerning the disposition of Hazardous Material. City
will pay, in its entirety, those costs for additional necessary effort to comply with Applicable Law
CITY OF FRESNO
PACIFIC GAS AND ELECTRIC COMPANY
PAGE 10 of 16
EXHIBIT A:
UTILITY AGREEMENT
concerning the disposition of Hazardous Material found as a consequence of the Work, unless such
E conditions are attributable to Owner's existing installation or operation. Each Party retains the right to
pursue recovery of its share of any such Hazardous Material related costs from the other Party or third
parties in accordance with existing law.
4. ' RESPONSIBILITIES OF OWNER
4.1 Cal-ISO Approval. Owner will use commercially reasonable efforts to obtain Cal-
ISO approval, as necessary, for work contemplated hereby, including without limitation, any necessary
electric transmission clearances. Owner shall notify City when Cal-ISO approval has been obtained not
later than five Business Days following the date that any applicable order or orders have become final and
non-appealable.
4.2 Initiation and Engineering. Owner shall furnish to City any available as-built
drawings as to existing facilities,where the Work will involve Relocation.
4.3 Approval of Plans,Materials Lists,Drawings.Construction,Etc.
(a) Owner shall be responsible for(i)providing pre-approval of various aspects of the
Work and approving Subcontractors and materials suppliers as provided herein; (ii)approval of
Relocation designs; (iii)monitoring System Tie-In by City or, at Owner's election with sufficient
notice to City, performing the System Tie-In Work; (iv)notifying and coordinating with any
licensees of Owner's Facilities with whom City does not have direct responsibility for relocation;
and (v)notifying Owner's customers of outages and conveying to City any necessary schedule
changes resulting from customer input. City agrees to a thorough and detailed inspection(100%)
by Owner of any activity undertaken by City in the performance of the Work. City's contracts with
its contractor(s) and subcontractors will provide for Owner's access to conduct the required
inspections. City shall pay the cost of such work by Owner in accordance with Section 6.
(b) Owner shall respond to City's requests as to the items which require Owner
approval hereunder prior to City proceeding, in accordance with Section 3.8.
(c) Owner shall upon execution and delivery of this Agreement promptly begin to
compile lists of Approved Subcontractors and Approved Material Suppliers so that City has the
necessary information by the time it is needed. If Owner does not have an Approved Material
Supplier that can certify to Buy America compliance if required, Owner will coordinate with City
to resolve the issue.
4.4 Documentation of Existing Land Rights. Owner shall provide evidence to support
that the existing Facilities are lawfully maintained and documented in their present location,through either
a recorded or fully executed deed or other land right,including prescriptive rights in their present location.
If any land right is held by Owner within City's right-of-way for the HSR Project and City provides to
Owner a replacement land right in connection with a Relocation, Owner will convey to City any land right
within City's right-of-way that is no longer needed by Owner.
CITY OF FRESNO
PACIFIC GAS AND ELECTRIC COMPANY
PAGE 11 of 16
EXHIBIT A:
UTILITY AGREEMENT
5. PERFORMANCE OF WORK
5.1 Locate and Mark Services. Engineering services for locating,making of surveys,
responding to requests to locate and field mark Owner's facilities, and supervision are to be furnished by
Owner and approved by City.
5.2 Positive Locations. City assumes 100% of the liability for ordered positive
locations and Owner hereby provides consent for City to conduct the positive locations. Owner retains the
right to require reasonable controls and restrictions. Such controls and restrictions shall be promptly
provided to City in writing. City understands Owner's controls and restrictions are in the interest of public
safety and will immediately stop work for positive location affecting Owner's Facilities if Owner's
representative deems City is not in compliance with the controls and conditions.
(a) When this work is performed by City or City's Contractor, Owner shall provide
confirmation in the field of the identity and typical characteristics (including size, material,
contents,pressure or capacity)of Owner's exposed utility Facility and related activities,including,
but not limited to inspection services, in accordance with City's time schedule. Upon completion
of the Work, City shall restore the work site to as good a condition as that found when the Work
commenced.
(b) If Owner requests to conduct the positive location with its own staff,City will pay
only the going contract rate in effect at the time. If,however,City requests Owner to conduct the
positive location because of a lack of an ongoing contract or insufficient contractor staff,City will
pay 100%of Owner's actual and necessary costs.
(c) The work to be performed under this section is limited to the work necessary to
positively determine the horizontal and vertical location and/or apparent visual condition of
Owner's utility facilities with a degree necessary to meet the City's requirements.
6. PAYMENTS TO OWNER
6.1 City Payment to Owner. City shall pay actual and necessary amounts owed to
Owner hereunder within 45 days after receipt of three copies of Owner's itemized bill, signed by a
responsible officer or an authorized delegate of Owner's organization and prepared on Owner's letterhead,
compiled on the basis of the actual and necessary cost and expense incurred and charged or allocated by
Owner in accordance with the uniform system of accounts prescribed for Owner by the California Public
Utilities Commission, Federal Energy Regulatory Commission or Federal Communications Commission,
whichever is applicable.
6.2 No ChArge for Betterment. It is understood and agreed that City will not pay for
any Betterment and that Owner shall give credit to City as follows:
(a) The amount of any Betterment to the Facility resulting from Relocation.
(b) The salvage value of any materials or parts salvaged and retained by Owner if
City's Contractor and Owner make arrangements for Owner to salvage or retain any
CITY OF FRESNO
PACIFIC GAS AND ELECTRIC COMPANY
PAGE 12 of 16
EXHIBIT A:
UTILITY AGREEMENT
materials. For the avoidance of doubt, Owner is not required to accept any materials or
parts for salvage. If Owner and City's Contractor agree that Owner will take any particular
materials or parts for salvage, Owner will provide notice in writing to City's Contractor,
describing such materials or parts with particularity, and absent such a notice, no salvage
credit will be given.
(c) If a new Facility or portion thereof is constructed to accomplish Relocation, an
amount bearing the same proportion to the original cost of the displaced facility or portion thereof
as its age bears to its normal expected life.
Age of replaced Facility
Credit -------.____.----—------___ x Original cost
Normal expected life
A credit shall not be allowed against any portion of the cost that is otherwise chargeable to Owner.
6.3 Billing Procedure.
(a) Not more frequently than once a month, Owner will prepare and submit progress
bills for costs incurred not to exceed Owner's recorded costs as of the billing date less estimated
credits applicable to completed work. Payment of progress bills not to exceed the amount of this
Agreement may be made under the terms of this Agreement. Payment of progress bills which
exceed the amount of this Agreement may be made after receipt and approval by City of
documentation supporting the cost increase and after an Amendment to this Agreement has been
executed by the parties to this Agreement.
(b) Invoices shall include the Agreement Number, actual hours worked (by activity),
actual direct labor costs (by activity), direct non-labor costs, and overhead allocations, and be on
company letterhead, including address and contact information, signed by the Owner's
representative, and addressed to the City's Financial Operations Section. As used herein, the
term "activity" shall refer to the activities set forth in Exhibit E. The activities and the "not to
exceed" hourly rates and overheads are set forth in Exhibit E. The usual indirect and overhead
charges attributable to the Facility Work and listed on Exhibit E,will be billed in accordance with
Owner's Cost Allocation Standards, meaning Owner's uniform systems for allocating charges to
customers, which may be an aggregate of internal systems using different nomenclature than
"Cost Allocation Standards," then in effect. Documentation to support Owner's invoices should
be retained by Owner and will be available if requested by City as described in Section 6.3(g)
of this Agreement. The form of the invoice is attached as Exhibit G,and may be changed without
an amendment to this Agreement.
(c) For services satisfactorily rendered and upon receipt and approval by the Contract
Manager and Accounting of the invoices,City agrees to reimburse Owner for actual costs incurred.
Provide 1 original and 2 copies of the invoice for payment. Invoices shall be submitted
electronically,in PDF format,no more than monthly to:
CITY OF FRESNO
PACIFIC GAS AND ELECTRIC COMPANY
PAGE 13 of 16
EXHIBIT A:
UTILITY AGREEMENT
[Jesus Avitia,P.E.
Deputy City Engineer]
City of Fresno
2600 Fresno Street
Room 4036
Fresno, CA 93721
Attn:
(1 Original and 2 Copies)
(d) During the term of this Agreement, activities, overheads, and the "not to exceed
rate"for each listed in Exhibit E may be changed without an amendment to this Agreement. Owner
may also bill other usual direct, indirect, and overhead charges attributable to Facility Work
provided such charges are regularly billed under a Cost Allocation Standard adopted by Owner
in the regular course of business during the term of this Agreement, and may follow Owner's
own guidelines as to the amounts reimbursable to employees and documentation required
therewith. Any such change must be in writing; on Owner's letterhead; and identify the changed
activity, overhead, or "not to exceed" rate, and reason prior to submittal of an invoice.
(e) Owner shall submit a final invoice to City within 270 days after completion of the
Work. If City has not received a final bill within 270 days after notification of completion of the
Work, and City has delivered to Owner fully executed Director's Deeds, Consent to Common Use
or Joint Use Agreements for Owner's Facilities(if required), City will provide written notification
to Owner of City's intent to close City's file within 30 days. Owner hereby acknowledges, to the
extent allowed by law, that all remaining costs will be deemed to have been abandoned. If City
processes a final bill for payment more than 270 days after notification of completion of Owner's
work,payment of the late bill may be subject to additional allocation and/or approval.
(f) The final invoice shall be in the form of an itemized statement of the total costs
charged hereunder, less the credits provided for in this Agreement, and less any amounts covered
by progress billings. Except,if the final invoice exceeds Owner's estimated costs solely as a result
of a Revised Notice to Owner, a copy of said Revised Notice to Owner shall suffice as
documentation. In any event if the final invoice exceeds the contract amount of this Agreement,
an Amended Agreement shall be executed by the parties to this Agreement prior to the payment of
Owner's final invoice. Any and all increases in costs that are the direct result of deviations from
the work described in Section 4 of this Agreement shall have the prior written concurrence of City.
If the final invoice shows a negative number because credits provided in this Agreement exceed
the total amount remaining outstanding hereunder due to Owner, Owner shall issue payment to
City for such amount within 45 days.
(g) Detailed records from which invoices are compiled shall be retained by Owner for
a period of three years from the date of the final payment and will be available for audit by State
and/or Federal auditors. Owner agrees to comply with Contract Cost Principles and Procedures as
set forth in 48 C.F.R., Chapter 1, Part 31 et seq., and 49 C.F.R., Part 18 or 19 as applicable. If a
subsequent State and/or Federal audit determines payments to be unallowable, Owner agrees to
reimburse City upon receipt of City billing. This clause applies to Owner or its contractors.
CITY OF FRESNO
PACIFIC GAS AND ELECTRIC COMPANY
PAGE 14 of 16
EXHIBIT A:
UTILITY AGREEMENT
7. TERM
This Agreement will commence upon final execution by both parties. The parties may amend this
Agreement as permitted by law.
8. GENERAL CONDITIONS
8.1 Cancellation of HSR Project.
(a) If City's HSR Project which precipitated this Agreement is canceled or modified
so as to eliminate the necessity of work by Owner, City will notify Owner in writing and City
reserves the right to terminate this Agreement by Amendment. The Amendment shall provide
mutually acceptable terms and conditions for terminating this Agreement.
(b) All obligations of City under the terms of this Agreement are subject to the passage
of the annual Budget Act by the State Legislature and the allocation of those funds. After execution
or commencement of this Agreement,if the funding for any fiscal year is reduced or deleted by the
Budget Act for purposes of this project, City shall have the option to either (a)cancel this
Agreement with no further additional liability occurring to City other than work performed by
Owner to the date it receives notice of cancellation;or(b)offer an Agreement amendment to Owner
to reflect the reduced amount. In either instance,the parties may execute an Amendment that shall
provide mutually acceptable terms and conditions for terminating any work in progress.
(c) If at any time City becomes aware that funding will not be available, or has
reasonable grounds for believing that funding may not be available to pay Owner for work being
performed by Owner under this Agreement, City shall promptly notify Owner in writing of the
circumstances (Inadequate Funding Notice). At that time, the parties will meet and confer to
discuss a mutually agreeable resolution, which may include amending the Agreement, stopping
work or other steps to ensure continuity of service to Owner's customers.
Any Inadequate Funding Notice will be sent to the Owner Contact designated below:
Jonathan Seager
Director, State Infrastructure
Pacific Gas and Electric Company
77 Beale Street,Mail Code B28R
San Francisco,CA 94177-1490
8.2 Legal Notices.
(a) This Section 8.2 is not intended to apply to routine communications between the
parties related to the progress of the Work. This clause applies to situations where notice is required
to be given under this Agreement or the Parties are asserting their legal rights and remedies. This
section is not intended to replace any other applicable legal requirements.
CITY OF FRESNO
PACIFIC GAS AND ELECTRIC COMPANY
PAGE 15 of 16
EXHIBIT A:
UTILITY AGREEMENT
(b) Any communication,notice,or demand of any kind whatsoever which either Party
may be required or may desire to give or to serve upon the other must be in writing and delivered
by personal service(including express or courier service)or by registered or certified mail,postage
prepaid,return receipt requested, or by a nationally recognized overnight delivery service,in each
case addressed as follows:
Owner: City:
Law Department Office of the City Attorney
Pacific Gas and Electric Company City of Fresno
Attn: Managing Counsel, Commercial and Attn: Douglas T. Sloan,City Attorney
Environmental
77 Beale Street,Mail Code B30A 2600 Fresno Street,Room 2031
San Francisco, CA 94105 Fresno,CA 93721
Telephone: (415)973-7467 Telephone: (559) 621-7500
(c) The project representatives identified pursuant to Section 1.5 shall be notified via
email when a notice is sent.
(d) Notice shall be effective when received, unless a legal holiday for the State
commences on the date of attempted delivery. In such cases,the effective date shall be postponed
until the next business day.
8.3 Notice of Developments. Each Party will notify the other Party's representative(s)
described in Section 1.5 of(a)any material disputes with third parties which may adversely affect such
other Party and (b)material applications for, and receipt of, Governmental Authorizations which may
involve the other Party.
8.4 Conflicts Between Federal Re Wirements and Owner Requirements.
Notwithstanding the federal preemption terms set forth in Exhibit C Section 1, should any FRA mandated
terms conflict with any terms of this Agreement, City will not violate the terms of this Agreement, but
rather will confer with Owner toward devising a solution to the conflict. For example, if a particular
materials item were required for the Work,but Owner had no such item on its approved materials list which
would satisfy the "Buy America"requirement, City would not purchase and incorporate the item into the
Work absent Owner's agreement.
8.5 Liability
(a) Owner agrees to indemnify City against any loss and damage which shall be caused
by any wrongful or negligent act or omission of Owner or of its agents or employees in the course
CITY OF FRESNO
PACIFIC GAS AND ELECTRIC COMPANY
PAGE 16 of 16
EXHIBIT A:
UTILITY AGREEMENT
i
of their employment arising from or connected with Owner's performance under this Agreement,
provided,however,that this indemnity shall not extend to that portion of such loss or damage that
shall have been caused by City's comparative negligence or willful misconduct. Owner's
indemnity obligations under this Agreement shall terminate upon the completion of the Work. In
the event the foregoing indemnity conflicts with the applicable terms of any express indemnity
provision set forth in Owner's easement relating to the Relocation work, any such claim shall be
governed and responded to in accordance with Owner's easement.
(b) City agrees to indemnify and hold Owner, its officers, board members, directors;
employees, affiliates and subsidiaries harmless against any loss and damage which shall be caused
by any wrongful or negligent act or omission of City or any Subcontractor in the course of their
employment arising from or connected with City's Work under this Agreement,provided,however,
that this indemnity shall not extend to that portion of such loss or damage that shall have been
caused by Owner's comparative negligence or willful misconduct. City's indemnity obligations
under this Agreement shall terminate upon the completion the Work, except for such claims or
actions that may arise during the course of the Work. The foregoing indemnity shall not relieve
Owner of its obligations under any express indemnity provision set forth in any Private Right-of-
Way of Owner.
8.6 No Consequential Damages. Neither City nor Owner, or their respective
contractors, subcontractors, agents, representatives, affiliates, servants, independent contractors, officers,
directors, employees, successors and assigns shall be liable to the other for any consequential or indirect
damages,excluding damages for willful misconduct or gross negligence,including loss of funding,whether
foreseeable or not, arising out of, or in connection with such Party's failure to perform its obligations
hereunder. The provisions of this Section shall survive the termination or expiration of this Agreement.
8.7 Owner's Contractors. Nothing contained in this Agreement shall create any
contractual relation between the State and any of Owner's contractors (if any), and no subcontract shall
relieve Owner of its responsibilities and obligations hereunder. Owner agrees to be as fully responsible to
the State for the acts and omissions of its contractors and of persons whether directly or indirectly employed
by any of them, in each case within the scope of their work performed on behalf of Owner hereunder,as it
is for the acts and omission of persons directly employed by Owner. Owner's obligations to pay its
contractors are an independent obligation from the State's obligation to make payments to Owner. As a
result,the State shall have no obligation to pay or to enforce the payment of any moneys to any of Owner's
contractors.
8.8 Owner Subiect to CPUC. City understands that Owner is a public utility and is
subject to regulation by the CPUC for certain actions and operations. City further understands that Owner
is required to comply with all applicable orders, rules, regulations, policies and administrative practices
("CPUC Rules")prescribed thereby. City will not require Owner to perform any act or fail to perform any
act,or require any action,which would cause Owner to be in violation of CPUC Rules.
CITY OF FRESNO
PACIFIC GAS AND ELECTRIC COMPANY
PAGE 1 of 4
EXHIBIT B:
GENERAL TERMS AND CONDITIONS
1. APPROVAL: This Agreement is of no force or effect until signed by both parties.
2. AMENDMENT: No amendment or variation of the terms of this Agreement shall be valid unless made
in writing, signed by the Parties. No oral understanding or agreement not incorporated in this
Agreement is binding on the Parties.
3. ASSIGNMENT: This Agreement is not assignable by Owner, either in whole or in part, without the
consent of the State in the form of a formal written amendment.
4. AUDIT: Owner agrees that the awarding department,the Department of General Services,the Bureau
of State Audits,or their designated representative shall have the right to review and to copy any records
and supporting documentation pertaining to the performance of this Agreement. Owner agrees to
maintain such records for possible audit for a minimum of three(3)years after final payment,unless a
longer period of records retention is stipulated. Owner agrees to allow the auditor(s) access to such
records during normal business hours and to allow interviews of any employees who might reasonably
have information related to such records. Further, Owner agrees to include a similar right of the State
to audit records and interview staff in any subcontract related to performance of this Agreement.
5. DISPUTES: Owner shall continue with the responsibilities under this Agreement during any dispute
which may arise between Owner and City regarding this Agreement. Notwithstanding any such
dispute, City shall continue to make timely payments for services rendered under this Agreement that
are not subject to the dispute. If a dispute regarding this Agreement arises,City and Owner shall meet
and endeavor to reach resolution. If a resolution cannot be achieved, the matter may be forwarded to
the Chief Program Manager of City and the Director, State Infrastructure Projects of Owner for
resolution, and if no resolution is reached, either or both of the parties may refer the matter to non-
binding mediation.
6. INDEPENDENT CONTRACTOR: Owner, and the agents and employees of Owner, in the
performance of this Agreement, shall act in an independent capacity and not as officers or employees
of the State.
7. NON-DISCRIMINATION CLAUSE: During the performance of this Agreement, Owner and its
contractors shall not unlawfully discriminate, harass, or allow harassment against any employee or
applicant for employment because of sex,race,color,ancestry,religious creed,national origin,physical
disability(including HIV and AIDS),mental disability,medical condition(e.g.,cancer),age(over 40),
marital status, and denial of family care leave. Owner and subcontractors shall insure that the
evaluation and treatment of their employees and applicants for employment are free from such
discrimination and harassment. Owner and subcontractors shall comply with the provisions of the Fair
Employment and Housing Act (Gov. Code §12990 (a-f) et seq.) and the applicable regulations
promulgated thereunder(California Code of Regulations,Title 2, Section 7285 et seq.). The applicable
regulations of the Fair Employment and Housing Commission implementing Government Code Section
12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are
incorporated into this Agreement by reference and made a part hereof as if set forth in full. Owner and
its subcontractors shall give written notice of their obligations under this clause to labor organizations
with which they have a collective bargaining or other Agreement. Owner shall include the
nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under
the Agreement.
CITY OF FRESNO
PACIFIC GAS AND ELECTRIC COMPANY
PAGE 2 of 4
EXHIBIT B:
GENERAL TERMS AND CONDITIONS
8. TIMELINESS: Time is of the essence in this Agreement.
i 9. COMPENSATION: The consideration to be paid Owner,as provided herein,shall be in compensation
for all of Owner's expenses incurred in the performance hereof, including travel,per diem, and sales
taxes,unless otherwise expressly so provided.
10. GOVERNING LAW: This Agreement is governed by and shall be interpreted in accordance with the
laws of the State of California.
11. CHILD SUPPORT COMPLIANCE ACT: For any Agreement in excess of $100,000, Owner
acknowledges in accordance with Public Contract Code 7110,that:
a. Owner recognizes the importance of child and family support obligations and shall fully comply with
all applicable state and federal laws relating to child and family support enforcement, including, but
not limited to,disclosure of information and compliance with earnings assignment orders,as provided
in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and
b. Owner, to the best of its knowledge is fully complying with the earnings assignment orders of all
employees and is providing the names of all new employees to the New Hire Registry maintained by
the California Employment Development Department.
12. UNENFORCEABLE PROVISION: In the event that any provision of this Agreement is unenforceable
or held to be unenforceable,then the parties agree that all other provisions of this Agreement have force
and effect and shall not be affected thereby.
13. SMALL BUSINESS PARTICIPATION AND DVBE PARTICIPATION:
a.No commitment to achieve small business participation has been made under this Agreement.
b.No commitment to achieve disabled veteran business enterprise(DVBE)participation has been made
under this Agreement.
14. LOSS LEADER: If this Agreement involves the furnishing of equipment, materials, or supplies then
the following statement is incorporated: It is unlawful for any person engaged in business within this
state to sell or use any article or product as a"loss leader"as defined in Section 17030 of the Business
and Professions Code. (PCC 10344(e).)
15. COMPLIANCE: Owner will, unless exempted, comply with the nondiscrimination program
requirements. (Gov. Code §12990 (a-f)and CCR,Title 2, Section 8103)
16. DRUG-FREE WORKPLACE REQUIREMENTS: Owner will comply with the requirements of the
Drug-Free Workplace Act of 1990 and will provide a drug-free workplace by taking the following
actions:
a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation,
possession or use of a controlled substance is prohibited and specifying actions to be taken against
employees for violations.
CITY OF FRESNO
PACIFIC GAS AND ELECTRIC COMPANY
PAGE 3 of 4
EXHIBIT B:
GENERAL TERMS AND CONDITIONS
b. Establish a Drug-Free Awareness Program to inform employees about:
1) the dangers of drug abuse in the workplace;
2) the person's or organization's policy of maintaining a drug-free workplace;
3) any available counseling,rehabilitation and employee assistance programs; and,
4) penalties that may be imposed upon employees for drug abuse violations.
t
c. Every employee who works on the Work will:
1) receive a copy of the company's drug-free workplace policy statement; and,
2) agree to abide by the terms of the company's statement as a condition of employment on the
Work.
Failure to comply with these requirements may result in suspension of payments under this Agreement
or termination of this Agreement or both and Owner may be ineligible for award of any future State
agreements if the department determines that any of the following has occurred: Owner has made false
certification,or violated the certification by failing to carry out the requirements as noted above.(Gov.
Code §8350 et seq.)
17. EXPATRIATE CORPORATIONS: Owner shall not be an expatriate corporation or subsidiary of an
expatriate corporation within the meaning of Public Contract Code Section 10286 and 10286.1, and
Owner shall be eligible to contract with the State of California.
18. DOMESTIC PARTNERS: For contracts over$100,000 executed or amended after January 1, 2007,
Owner shall be in compliance with Public Contract Code section 10295.3.
19. CONFLICT OF INTEREST: Owner needs to be aware of the following provisions regarding current
or former state employees. If Owner has any questions on the status of any person rendering services
or involved with this Agreement,the awarding agency must be contacted immediately for clarification.
Current State Employees (Pub.Contract Code§10410):
a.No officer or employee shall engage in any employment,activity or enterprise from which the officer
or employee receives compensation or has a financial interest and which is sponsored or funded by any
state agency, unless the employment, activity or enterprise is required as a condition of regular state
employment.
b.No officer or employee shall contract on his or her own behalf as an independent contractor with any
state agency to provide goods or services.
Former State Employees (Pub. Contract Code§10411):
a. For the two-year period from the date he or she left state employment, no former state officer or
employee may enter into a contract in which he or she engaged in any of the negotiations, transactions,
planning, arrangements or any part of the decision-making process relevant to the contract while
employed in any capacity by any state agency.
b. For the twelve-month period from the date he or she left state employment, no former state officer
or employee may enter into a contract with any state agency if he or she was employed by that state
CITY OF FRESNO
PACIFIC GAS AND ELECTRIC COMPANY
PAGE 4 of 4
EXHIBIT B:
GENERAL TERMS AND CONDITIONS
agency in a policy-making position in the same general subject area as the proposed contract within the
12-month period prior to his or her leaving state service.
If Owner violates any provisions of above paragraphs, such action by Owner shall render this
Agreement void. (Pub. Contract Code §10420)
f Members of boards and commissions are exempt from this section if they do not receive payment other
than payment of each meeting of the board or commission,payment for preparatory time and payment
for per diem. (Pub. Contract Code §10430(e))
20. LABOR CODE/WORKERS' COMPENSATION: Owner is aware of the provisions of Section 3700
of the Labor Code which require every employer to be insured against liability for workers'
compensation or to undertake self-insurance in accordance with the provisions of that code. Owner
will comply with such provisions before commencing the performance of the work of this Agreement.
21. AMERICANS WITH DISABILITIES ACT: Owner will comply with the Americans with Disabilities
Act(ADA) of 1990,which prohibits discrimination on the basis of disability, as well as all applicable
regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.)
22. OWNER'S NAME CHANGE: An amendment is required to change Owner's name as listed on this
Agreement. Upon receipt of legal documentation of the name change the State will process the
amendment. Payment of invoices presented with a new name cannot be paid prior to approval of said
amendment.
23. CORPORATE QUALIFICATIONS TO DO BUSINESS IN CALIFORNIA: Owner is currently
qualified to do business in California.
24. AIR OR WATER POLLUTION VIOLATION: Under the State laws, Owner shall not be: (1) in
violation of any order or resolution not subject to review promulgated by the State Air Resources Board
or an air pollution control district; (2) subject to cease and desist order not subject to review issued
pursuant to Section 13301 of the Water Code for violation of waste discharge requirements or discharge
prohibitions; or (3) finally determined to be in violation of provisions of federal law relating to air or
water pollution.
25. PAYEE DATA RECORD FORM STD. 204: This form must be completed by all contractors that are
not another state agency or other governmental entity.
CITY OF FRESNO
PACIFIC GAS AND ELECTRIC COMPANY
PAGE 1 of 11
EXHIBIT C:
SUPPLEMENTAL FEDERAL AND SPECIAL TERMS AND CONDITIONS
1. FEDERAL REQUIREMENTS
Owner understands that City has received Federal funding from the Federal Rail Administration(FRA)for
the HSR Project and acknowledges that City is required to comply with all applicable federal laws,
regulations, policies and related administrative practices, whether or not they are specifically referenced
herein. Owner acknowledges that federal laws, regulations, policies and related administrative practices
may change and that such changed requirements will apply to the HSR Project. Owner shall ensure
compliance by its subcontractors and include appropriate flow down provisions in each of its lower-tier
subcontracts as required by applicable federal laws, regulations, policies and related administrative
practices,whether or not specifically referenced herein.
Notwithstanding anything to the contrary contained in this Agreement(with the exception of Owner's Buy
America obligations, which are completely described in this Exhibit C), all FRA mandated terms shall be
deemed to control in the event of a conflict with other provisions contained in this Agreement. Owner shall
not perform any act,fail to perform any act,or refuse to comply with any City requests,which would cause
City to be in violation of FRA requirements.
2. COMPLIANCE WITH FEDERAL REQUIREMENTS
Owner's failure to comply with Federal Requirements shall constitute a breach of this Agreement.
3. FEDERAL LOBBYING ACTIVITIES CERTIFICATION
Owner certifies,to the best of its knowledge and belief,that:
A. No State or Federal appropriated funds have been paid or will be paid,by or on behalf of Owner,
to any person for influencing or attempting to influence an officer or employee of any State or
Federal agency, a Member of the State Legislature or United States Congress, an officer or
employee of the Legislature or Congress, or any employee of a Member of the Legislature or
Congress in connection with the awarding of any State or Federal Agreement,the making of any
State or Federal grant,the making of any State or Federal loan,the entering into of any cooperative
agreement, and the extension, continuation, renewal, amendment, or modification of any State or
Federal Agreement,grant, loan,or cooperative agreement.
B. If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any Federal agency,a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal Agreement, grant, loan, or cooperative agreement, Owner shall
complete and submit Standard Form LL, "Disclosure Form to Report Lobbying," in accordance
with its instructions.
C. This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making
or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who
fails to file the required certification shall be subject to a civil penalty of not less than$10,000 and
not more than$100,000 for each such failure.
CITY OF FRESNO
PACIFIC GAS AND ELECTRIC COMPANY
PAGE 2 of 11
EXHIBIT C:
SUPPLEMENTAL FEDERAL AND SPECIAL TERMS AND CONDITIONS
D. Owner also agrees that by signing this document, it shall require that the language of this
certification be included in all lower tier subcontracts, which exceed $100,000, and that all such
subcontractors shall certify and disclose accordingly.
4. DEBARMENT AND SUSPENSION
This Agreement is a covered transaction for purposes of 2 C.F.R. 1200. As such, Owner is required to
comply with applicable provisions of Executive Orders Nos. 12549 and 12689, "Debarment and
Suspension," 31 U.S.C. § 6101 note, and U.S. DOT regulations, "Non-procurement Suspension and
Debarment,"2 C.F.R.Part 1200,which adopt and supplement the provisions of U.S.Office of Management
and Budget(U.S. OMB)"Guidelines to Agencies on Government-wide Debarment and Suspension(Non-
procurement),"2 C.F.R. Part 180.
To the extent required by the aforementioned U.S.DOT regulations and U.S. OMB guidance,Owner must
verify that the subcontractor is not excluded or disqualified in accordance with said regulations by
reviewing the "Excluded Parties Listing System" at http://epls.gov/. Owner shall obtain appropriate
certifications from each such subcontractor and provide such certifications to City.
Owner shall include a term or condition in the contract documents for each lower tier covered transaction,
assuring that, to the extent required by the U.S. DOT regulations and U.S. OMB guidance, each
subcontractor will review the "Excluded Parties Listing System,"will obtain certifications from lower tier
subcontractors, and will include a similar term or condition in each of its lower-tier covered transactions.
5. SITE VISITS
Owner agrees that FRA, through its authorized representatives, has the right, at all reasonable times, to
make site visits to review HSR Project accomplishments and for other reasons. If any site visit is made by
FRA on the premises of Owner or any of its contractors under this Agreement, Owner shall provide and
shall require its subcontractors to provide, all reasonable facilities and assistance for the safety and
convenience of FRA representatives in the performance of their duties. All site visits and evaluations shall
be performed in such a manner as will not unduly delay work being conducted by Owner or its contractor.
6. SAFETY OVERSIGHT
To the extent applicable to Owner's Facility Work, Owner agrees to comply with any Federal laws or
regulations of the FRA or U.S. DOT pertaining to safety oversight in general, and in the performance of
this Agreement, in particular.
7. ENVIRONMENTAL PROTECTION
Owner and any subcontractor under this Agreement shall comply with all applicable environmental
requirements and regulations, including any amendments,as follows:
A. Clean Air: Owner agrees to comply with all applicable standards, orders or regulations issued
pursuant to the Clean Air Act,as amended,42 U.S.C. §§ 7401 et seq. Owner agrees to report each
violation to City,and understands and agrees that City shall in turn report each violation as required
to assure notification to the FRA and the appropriate Environmental Protection Agency Regional
Office.
CITY OF FRESNO
PACIFIC GAS AND ELECTRIC COMPANY
PAGE 3 of 11
EXHIBIT C:
SUPPLEMENTAL FEDERAL AND SPECIAL TERMS AND CONDITIONS
B. Clean Water: Owner agrees to comply with all applicable standards,orders or regulations issued
pursuant to the Federal Water Pollution Control Act as amended 33 U.S.C. 1251 et seq. Owner
agrees to report each violation to City and understands and agrees that City shall, in turn, report
each violation as required to assure notification to the FRA and the appropriate EPA Regional
Office.
C. Energy Conservation: Owner agrees to comply with mandatory standards and policies relating
to energy efficiency which are contained in the State energy conservation plan issued in compliance
with the Energy Policy and Conservation Act(42 U.S.C. 6421 et seq.)
D. Agreement Not To Use Violating Facilities: Owner agrees not to use any facility to perform
work hereunder that is listed on the List of Violating Facilities maintained by the EPA. Owner
shall promptly notify City if Owner or its contractor receives any communication from the EPA
indicating that any facility which will be used to perform work pursuant to this Agreement is under
consideration to be listed on the EPA's List of Violating Facilities; provided, however, that
Owner's duty of notification hereunder shall extend only to those communications of which it is
aware,or should reasonably have been aware.
E. Environmental Protection: Owner shall comply with all applicable requirements of the National
Environmental Policy Act of 1969,as amended,42 U.S.C. §§ 4321 et seg.
F. Incorporation of Provisions: Owner shall include the above provisions (1) through (6)in every
subcontract hereunder exceeding $50,000 financed in whole or in part with federal assistance
provided by the FRA.
8. LABOR PROVISIONS
Owner will include the following provision in its agreements funded in whole or in part by this Agreement
with entities operating rail services over rail infrastructure: "49 U.S.C. § 24405(b) provides that persons
conducting rail operations over rail infrastructure constructed or improved in whole or in part with funds
provided through this Agreement shall be considered a"rail carrier,"as defined by 49 U.S.C. 10102(5),for
the purposes of Title 49,U.S.C.,and any other statute that adopts that definition or in which that definition
applies,including the Railroad Retirement Act of 1974 (45 U.S.C. §§ 231 et seq.), the Railway Labor Act
(45 U.S.C. §§ 151, et seq., cited in FR-HSR-0009-10-01-05 as 43 U.S.C. §§ 151 et seq.), and the Railroad
Unemployment Insurance Act(45 U.S.C. §§ 351 et seq.)."
9. FLY AMERICA
City will not pay for or reimburse any of Owner's international travel expenses.
10. CARGO PREFERENCE
Owner agrees to the following:
A. To use privately owned United States-flag commercial vessels to ship at least 50 percent of the
gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved,
whenever shipping any equipment, materials, or commodities pursuant to the underlying contract
to the extent such vessels are available at fair and reasonable rates for United States-flag
commercial vessels.
CITY OF FRESNO
PACIFIC GAS AND ELECTRIC COMPANY
PAGE 4 of 11
EXHIBIT C:
SUPPLEMENTAL FEDERAL AND SPECIAL TERMS AND CONDITIONS
B. To furnish within 20 Working Days following the date of loading for shipments originating within
the United States, or within 30 Working Days following the date of loading for shipments
originating outside the United States,a legible copy of a rated, "on-board"commercial ocean bill-
of-lading in English for each shipment of cargo described in the first bullet of this clause above.
This bill-of-lading shall be furnished to City (through the City's Contractor in the case of a
subcontractor's bill-of-lading) and to the Division of National Cargo, Office of Market
Development, Maritime Administration, Washington, D.C. 20590, marked with appropriate
identification of the HSR Project.
C. To include these requirements in all subcontracts issued pursuant to this Agreement when the
subcontract may involve the transport of equipment,material,or commodities by ocean vessel.
11. SEISMIC SAFETY
Owner agrees that any new building or addition to an existing building will be designed and constructed in
accordance with the standards for Seismic Safety required in Department of Transportation Seismic Safety
Regulations 49 C.F.R Part 41,and will certify to compliance to the extent required by the regulation. Owner
also agrees to ensure that all Work performed under this Agreement including work performed by a
contractor is in compliance with the standards required by the Seismic Safety Regulations and the
certification of compliance issued on the project.
12. RECYCLED PRODUCTS
Owner shall comply with all applicable requirements of Section 6002 of the Resource Conservation and
Recovery Act (RCRA), as amended (42 U.S.C. § 6962), including the regulatory provisions of 40 C.F.R.
Part 247, and Executive Order 12873, as they apply to the procurement of the items designated in Subpart
B of 40 C.F.R. Part 247.
13. CIVIL RIGHTS
The following requirements apply to this Agreement:
A. Nondiscrimination: In accordance with Title VI of the Civil Rights Act,as amended;42 U.S.C. §
2000d, Section 303 of the Age Discrimination Act of 1975,as amended;42 U.S.C. §6102,Section
202 of the Americans with Disabilities Act of 1990; 42 U.S.C. § 12132; and 49 U.S.C. § 306,
Owner agrees that it will not discriminate against any individual because of race, color, religion,
national origin, sex, age or disability in any activities leading up to or in performance of this
Agreement. In addition,Owner agrees to comply with applicable federal implementing regulations
and other implementing requirements that FRA may issue.
B. Equal Employment Opportunity: The following equal employment opportunity requirements
apply to this Agreement:
i. Race Color. Religion.National Origin,Sex: In accordance with Title VII of the Civil Rights
Act, as amended, 42 U.S.C. § 2000e, Owner agrees to comply with all applicable equal
opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of
Federal Contract Compliance Programs, Equal Employment Opportunity, Department of
Labor,"including 41 C.F.R 60 et seq. (which implements Executive Order No. 11246,"Equal
Employment Opportunity,"as amended by Executive Order No. 11375,"Amending Executive
E
CITY OF FRESNO
PACIFIC GAS AND ELECTRIC COMPANY
PAGE 5 of 11
EXHIBIT C:
SUPPLEMENTAL FEDERAL AND SPECIAL TERMS AND CONDITIONS
Order 11246 Relating to Equal Employment Opportunity,"42 U.S.C. § 2000e note), and with
any applicable federal statutes, executive orders,regulations, and federal policies that may in
the future affect construction activities undertaken in the course of the HSR Project. Owner
agrees to take affirmative action to ensure that applicants are employed, and that employees
are treated during employment, without regard to their race, color, religion, national origin,
sex, or age. Such action shall include the following: employment, upgrading, demotion or
transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other
forms of compensation; and selection for training, including apprenticeship. In addition,
Owner agrees to comply with any implementing requirements FRA may issue.
ii. Age: In accordance with Section 4 of the Age Discrimination in Employment Act of 1967,as
amended, 29 U.S.C. § 623, Owner agrees to refrain from discrimination against present and
prospective employees for reason of age. In addition, Owner agrees to comply with any
implementing requirements FRA may issue.
iii. Disabilities: In accordance with Section 102 of the Americans with Disabilities Act, as
amended, 42 U.S.C. § 12112, Owner agrees that it will comply with the requirements of U.S.
Equal Employment Opportunity Commission, "Regulations to Implement the Equal
Employment Provisions of the Americans with Disabilities Act," 29 C.F.R Part 1630,
pertaining to employment of persons with disabilities. Further,in accordance with Section 504
of the Rehabilitation Act of 1973,as amended,29 U.S.C. § 794, Owner also agrees that it will
comply with the requirements of U.S. Department of Transportation, "Nondiscrimination on
the Basis of Disability in Programs or Activities Receiving Federal Financial Assistance,"49
C.F.R. Part 27, pertaining to persons with disabilities. In addition, Owner agrees to comply
with any implementing requirements FRA may issue.
Owner also agrees not to discriminate on the basis of drug abuse,in accordance with the Drug Abuse Office
and Treatment Act of 1972 (P.L. 92-255), as amended, alcohol abuse, in accordance with the
Comprehensive Alcohol Abuse and Alcoholism Prevention,Treatment and Rehabilitation Act of 1970(P.L.
91-616), as amended, and to comply with Sections 523 and 527 of the Public Health Service Act of 1912
(42 U.S.C. §§290 dd-3,290 dd-3 and 290 ee-3),as amended,relating to confidentiality of alcohol and drug
abuse patient records. In addition, Owner agrees to comply with applicable federal implementing
regulations and other implementing requirements that FRA may issue.
Owner also agrees to include these requirements in each subcontract financed in whole or in part with
federal assistance provided by FRA,modified only if necessary to identify the affected parties.
14. ARRA FUNDED PROJECT
To the extent that funding for this Agreement has been provided through the America Recovery and
Reinvestment Act(ARRA)of 2009,Pub. L. 111-5 Owner,including its contractors,are subject to audit by
appropriate federal or State of California (State) entities. The State has the right to cancel, terminate or
suspend this Agreement if Owner or its contractor fails to comply with the reporting and operational
requirements contained herein.
15. ENFORCEABILITY
Owner agrees that if Owner or one of its contractors fails to comply with all applicable federal and State
requirements governing the use of ARRA funds, the State may withhold or suspend, in whole or in part,
I
CITY OF FRESNO
PACIFIC GAS AND ELECTRIC COMPANY
PAGE 6 of 11
EXHIBIT C:
SUPPLEMENTAL FEDERAL AND SPECIAL TERMS AND CONDITIONS
funds awarded under the program,or recover misspent funds allowing an audit.This provision is in addition
to all other remedies available to the State under all applicable State and federal laws.
16. PROHIBITION ON USE OF ARRA FUNDS
Owner agrees in accordance with ARRA, Section 1604, that none of the funds made available under this
Agreement may be used for any casino or other gambling establishment, aquarium, zoo, golf course, or
swimming pool.
17. REQUIRED USE OF AMERICAN IRON, STEEL AND OTHER
MANUFACTURED GOODS
Owner understands and acknowledges that the HSR Project is funded in part by and subject to the Passenger
Rail Investment and Improvement Act (PRIIA) of 2008, Pub. L. 110-432 and applicable regulations,
including 49 U.S.C. section 24405(a),which provides that Federal funds may not be obligated unless steel,
iron, and manufactured goods used in FRA-funded projects are produced in the United States, unless a
waiver has been granted by the US Secretary of Transportation. Owner hereby certifies that in the
performance of this Agreement for products where Buy America requirements apply,it shall use only such
products for which is has received a certification from its supplier,or provider of construction services that
procures the product certifying Buy America compliance. Owner will require its suppliers to certify Buy
America compliance with regard to materials used in the Work and will provide all such certificates to City.
Certification will be substantially in the form of the Certificate of Buy America Compliance attached to
this agreement as Exhibit C-1.
18. WAGE RATE REQUIREMENTS
Owner will comply with the provisions of 40 U.S.C. 3141 et seq. Owner will also comply with the
Copeland"Anti-Kickback"Act provisions of 18 U.S.C. § 874 and 29 C.F.R. Part 3.
A. If there is any conflict between the State prevailing wages and the Federal prevailing wages, the
higher rate shall be paid.
B. Wages in collective bargaining agreements negotiated under the Railway Labor Act (45 U.S.C.
151. et seq.)are deemed to comply with Davis-Bacon Act requirements.
C. Any sub-agreement entered into as a result of this Agreement shall contain all of the provisions of
this clause.
19. INSPECTION OF RECORDS
To the extent that funding for this Agreement has been provided through ARRA,in accordance with ARRA
Sections 902, 1514 and 1515,Owner agrees that it shall permit the City,the State of California,the United
States Comptroller General, the United States Department of Transportation Secretary, or their
representatives or the appropriate Inspector General appointed under Section 3 or 8G of the United States
Inspector General Act of 1978 or his representative to:
A. Examine any records that directly pertain to, and involve transactions relating to,this Agreement;
and
CITY OF FRESNO
PACIFIC GAS AND ELECTRIC COMPANY
PAGE 7 of 11
EXHIBIT C:
SUPPLEMENTAL FEDERAL AND SPECIAL TERMS AND CONDITIONS
B. Interview any officer or employee of Owner or any of its subcontractors regarding the activities
funded with funds appropriated or otherwise made available by the ARRA.
Owner shall include this provision in all of Owner's agreements with its contractors from whom Owner
acquires goods or services in its execution of the ARRA funded work.
20. WHISTLEBLOWER PROTECTION
Owner agrees that both it and its contractors shall comply with Section 1553 of the ARRA,which prohibits
all non-federal Owners,including the State, and all contractors of the State, from discharging,demoting or
otherwise discriminating against an employee for disclosures by the employee that the employee reasonably
believes are evidence of:
A. Gross mismanagement of a contract relating to ARRA funds;
B. A gross waste of ARRA funds;
C. A substantial and specific danger to the public health or safety related to the implementation or use
of ARRA funds;
D. An abuse of City related to implementation or use of ARRA funds; or
E. A violation of law,rule, or regulation related to an agency contract(including the competition for
or negotiation of a contractor) awarded or issued relating to ARRA funds.
Owner agrees that it and its subcontractors shall post notice of the rights and remedies available to
employees under Section 1553 of Title XV of Division A of the ARRA.
21. FRAUD AND FALSE STATEMENTS AND RELATED ACTS
A. Owner acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986 (6
C.F.R. 13), as amended, 31 U.S.C. § 3801 et seq., and USDOT regulations Program Fraud Civil
Remedies(49 C.F.R.Part 31),apply to its actions pertaining to this Project. Upon execution of the
underlying Contract, Owner certifies or affirms the truthfulness and accuracy of any statement it
has made,it makes,it may make,or causes to be made,pertaining to the underlying Contract or the
FRA assisted project for which the Work is being performed. In addition to other penalties that
may be applicable, Owner further acknowledges that if it makes or causes to be made, a false,
fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government
reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 as cited
above on Owner to the extent the Federal Government deems appropriate.
B. Owner also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent
claim,statement,submission,or certification to the Federal Government under a contract connected
with a project that is financed in whole or in part with Federal assistance originally awarded by
FRA,the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C.
§ 5307(n)(1)on Owner,to the extent the Federal Government deems appropriate.
CITY OF FRESNO
€ PACIFIC GAS AND ELECTRIC COMPANY
PAGE 8 of 11
EXHIBIT C:
SUPPLEMENTAL FEDERAL AND SPECIAL TERMS AND CONDITIONS
C. Owner agrees to include the above two paragraphs in each Subcontract financed in whole or in part
with federal assistance provided by FRA. It is further agreed that the paragraphs shall not be
modified, except to identify the Subcontractor who will be subject to the provisions.
D. Owner agrees that it shall promptly notify City and shall refer to an appropriate federal inspector
general any credible evidence that a principal, employee,agent, subcontractor, or other person has
committed a false claim under the False Claims Act or has committed a criminal or civil violation
of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving
ARRA funds.
22. REPORTING REQUIREMENTS
Under this Agreement, Owner may perform work on projects funded in whole or in part with American
Recovery and Reinvestment Act, 2009(ARRA) funds. Accordingly,to the extent that funding is
provided by ARRA,pursuant to ARRA requirements,Owner and all of Owner's contractors will
cooperate with City in meeting all of its reporting requirements under ARRA. Owner shall provide all
information required to meet such reporting requirements in a timely fashion.
23. SPECIAL TERMS AND CONDITIONS
1. TERMINATION
A. Termination for Cause: City reserves the right to terminate this Agreement in the event of a
material breach or failure of performance by Owner provided City has first given Owner written
notice of such material breach or failure to perform and Owner has not cured any such material
breach or failure to perform within thirty (30) days of receipt of said notice, provided, however,
that, in the case of a material breach or failure to perform that is not reasonably capable of being
cured within the thirty(30)day cure period,Owner shall have additional time to cure the breach if
it diligently commences to cure the breach within such thirty (30) day cure period and diligently
pursues such cure. All costs incurred prior to termination shall be paid to Owner.
B. Termination for Convenience: City reserves the right to terminate this Agreement upon thirty
(30)calendar days written notice to Owner if terminated for the convenience of City. In the event
of termination for convenience, City will pay Owner all costs Owner incurred prior to the date of
termination,as well as all reasonable costs mutually agreed are necessary to effect the termination,
including but not limited to demobilization costs but not including any lost profits.
C. Termination Issues For Subcontractors,Suppliers,And Service Providers: Owner shall notify
any contractor and service or supply vendor providing services under this Agreement of the
termination date of this Agreement. Failure to notify any contractor and service or supply vendor
shall result in Owner being liable for the termination costs incurred by any contractor and service
or supply vendor for work performed under this Agreement, except those specifically agreed to in
the termination notice to Owner.
D. Cost Principles Under Termination: Termination settlement expenses will be reimbursed in
accordance with 48 C.F.R., Federal Acquisition Regulations System, Chapter 1,Part 31. Subpart
CITY OF FRESNO
PACIFIC GAS AND ELECTRIC COMPANY
PAGE 9 of 11
EXHIBIT C:
SUPPLEMENTAL FEDERAL AND SPECIAL TERMS AND CONDITIONS
31.205-42 (c) dealing with initial costs is not applicable to Architectural and Engineering
Agreement terminations.
2. REBATES,KICKBACKS OR OTHER UNLAWFUL CONSIDERATION
Owner certifies that this Agreement was not obtained or secured through rebates, kickbacks or other
unlawful consideration either promised by or paid to any City agency employee. For breach or violation
of this warranty,the City shall have the right,in its discretion,to terminate this Agreement without liability,
to pay only for the value of the work actually performed, or to deduct from this Agreement price or
otherwise recover the full amount of such rebate,kickback or other unlawful consideration.
3. STATE PREVAILING WAGES RATES
The work called for in this Agreement may involve, in whole or in part, a "public work," as that term is
defined in Labor Code sections 1720 et seq., and one or more employees of Owner or of one or more of
Owner's subcontractors may perform work to which federal and state prevailing wage laws, laws
concerning apprentices, and other pertinent laws may apply. It is the obligation of the contractor to
determine whether these laws apply to any of the work to be done pursuant to this Agreement.
To the extent that any of the work done pursuant to this Agreement, including work done pursuant to any
subcontracts, falls within the definition of"public work" as set forth in Labor Code sections 1720 et seq.,
and involves"workers,"as that term is defined in Labor Code section 1723,the following provisions apply.
1. The contractor shall comply with all obligations imposed on contractors by Labor Code section
1776. Any subcontracts will contain a provision requiring subcontractors to comply with all
obligations imposed on subcontractors by Labor Code section 1776.
2. The contractor agrees to comply with the provisions of Labor Code section 1775, as it exists now
and as it may be amended from time to time during the duration of this Agreement.
3. To the extent Labor Code sections 1771, 1775, 1776, 1777.5, 1813, and 1815 describe the
obligations of a contractor or subcontractor engaged in a public work, those obligations are made
a part of this Agreement as though fully set forth. Any contract executed between the contractor
and a subcontractor shall include a copy of the provisions of Sections 1771, 1775, 1776, 1777.5,
1813,and 1815,and shall provide that the subcontractor shall comply with the provisions of those
sections.
4. The contractor or subcontractor shall, as a penalty to the state or political subdivision on whose
behalf the contract is made or awarded,forfeit twenty-five dollars($25)for each worker employed
in the execution of the contract by the respective contractor or subcontractor for each calendar day
during which the worker is required or permitted to work more than 8 hours in anyone calendar day
and 40 hours in anyone calendar week in violation of the provisions of this article.
5. In accordance with the provisions of Section 3 700 of the Labor Code,the contractor will be required
to secure the payment of compensation to his employees.
6. To the extent the contractor or any subcontractor employs apprentices or employs workers in any
apprenticeable craft or trade, it shall be the responsibility of the contractor to see to it that the
CITY OF FRESNO
PACIFIC GAS AND ELECTRIC COMPANY
PAGE 10 of 11
EXHIBIT C:
SUPPLEMENTAL FEDERAL AND SPECIAL TERMS AND CONDITIONS
contractor and the subcontractors comply with Labor Code section 1777.5, as it now exists and as
it may be amended from time to time during the duration of this agreement.
CITY OF FRESNO
PACIFIC GAS AND ELECTRIC COMPANY
PAGE 11 of 11
EXHIBIT C:
SUPPLEMENTAL FEDERAL AND SPECIAL TERMS AND CONDITIONS
EXHIBIT C-1:
BUY AMERICA CERTIFICATE OF COMPLIANCE
[INSERT HEADER BLOCK WITH CONTRACT NAME/NUMBER AND IDENTIFICATION
OF"PROJECT" and"SUPPLIER"]
This Buy America Certificate of Compliance is submitted in compliance with applicable statutory
and regulatory City, including but not limited to 49 U.S.C. 24405 (the "Buy America Rule").
Supplier is aware that the Project may be funded in part by the United States Department of
Transportation, Federal Railroad Administration, and that the Buy America Rule therefore may
apply.
Supplier certifies that it will comply with the requirements of the Buy America Rule and in
particular that all steel, iron, and manufactured goods it provides for the Project are produced in
the United States. A list of these steel, iron, and'manufactured goods are attached to this
Certificate.
Date:
Supplier-Company:
Supplier- Signature:
Print Name:
Title:
CITY OF FRESNO
PACIFIC GAS AND ELECTRIC COMPANY
PAGE 1 of 11
EXHIBIT D:
TERMS AND CONDITIONS APPLICABLE TO SUBCONTRACTORS
("PG&E FLOWDOWN TERMS")
A. Recitals.
The City of Fresno ("City") and Pacific Gas and Electric Company ("Owner") are parties to a
Utility Agreement ( -- the "Utili Agreement"). Owner owns and maintains gas and electric
transmission, distribution and service facilities, and telecommunications facilities, some of which will
require relocation to accommodate the HSR Project[This defined term to conform to what is used in the
subcontract.]. Under the Agreement,City has agreed to arrange and pay all of the costs of the engineering,
procurement and construction of such relocation (the "Work"). [Name of
Subcontractor]("XYZ")[Insert identifying name for the Subcontractor instead of"XYZ';but it cannot
be "Subcontractor"since that has its own definition]has contracted with City or a Subcontractor pursuant
to the [Name and date of subcontract]("subcontract")[Another term could be used
here for the subcontract—conform throughout]to provide services and materials as part of the Work.
City is bound by certain terms under the Utility Agreement as to which compliance will be required also of
XYZ. Consequently,the Subcontract hereby incorporates by reference the following terms.
B. Definitions.
"Subcontractor"means XYZ and any subcontractor at any level performing the work or providing
the materials which XYZ has agreed to perform and provide hereunder.
"You"means XYZ and any Subcontractor; and"Your"is the possessive of"You."
C. Exemptions.
If You believe that any of the terms and conditions set forth in Section D below does not or should
not apply to You,You may request that the party with whom You have contracted obtain concurrence from
City,which will in turn seek concurrence from Owner. Absent written acknowledgment from Owner that
any such term and condition does not apply to You,they all do.
D. Flowdown Terms.
1.
Safety Precautions and Protection of Property.
a. Regulations and Conduct of Work: You shall plan and conduct the Work to safeguard
persons and property from injury. You shall direct the performance of the Work in
compliance with reasonable safety and work practices and with all applicable federal,
state, and local laws,rules,and regulations,including but not limited to"Occupational
Safety and Health Standards"promulgated by the U.S. Secretary of Labor and the
California Division of Occupational Safety and Health,including the wearing of the
appropriate Personal Protective Equipment(PPE)at the worksite. Work in areas adjacent
to electrically energized facilities and/or operating natural gas facilities shall be
performed in accordance with said practices,laws,rules, and regulations. Owner may
designate safety precautions in addition to those in use or proposed by City. Owner
reserves the right to inspect the Work and to halt construction to ensure compliance with
reasonable and safe work practices and with all applicable federal, state,and local laws,
rules, and regulations. Neither the requirement that You follow said practices and
CITY OF FRESNO
PACIFIC GAS AND ELECTRIC COMPANY
PAGE 2 of 11
EXHIBIT D:
TERMS AND CONDITIONS APPLICABLE TO SUBCONTRACTORS
("PG&E FLOWDOWN TERMS")
applicable laws,rules,and regulations,nor adherence thereto by You, shall relieve You
of the sole responsibility to maintain safe and efficient working conditions.
b. Owner's Safety Program. You represent and warrant that You will perform all applicable
Work in compliance with Owner's Contractor Safety Program Standard Contract
Requirements, as may be modified from time to time. The Contractor Safety Program
Standard Contract Requirements can be located and downloaded at:
www.)ge.com/contractorsafety and are hereby incorporated by reference into this
Agreement. Notwithstanding the above,You are the"controlling employer"as defined
under Cal OSHA and will remain responsible for all fines and liability arising from
violation of the Contractor Safety Program Standard Contract Requirements and Legal
Requirements.
c. Owner reserves the right to inspect the Work to ensure compliance with reasonable and
safe work practices and with all Applicable Law. If Owner at any time observes You
performing the Work in an unsafe manner, or in a manner that may, if continued,become
unsafe,then Owner may require the applicable person to stop the performance affected
by the unsafe practice and not continue until it can be completed safely. Owner may
designate safety precautions in addition to those in use or proposed by You. Owner's
rights under this section shall not relieve You of the sole responsibility to maintain safe
and efficient working conditions.
d. Controlled Site Access: A distinctive visible identification badge shall be furnished by
City and worn by Your employees when on Owner's property. Your guests and visitors
shall secure a permit from Owner to enter any part of the worksite which is Owner
property,and will be logged in and out of the property with Owner retaining the permit at
the time of logging out. Your employees shall not enter electrically energized equipment
areas or other areas out of construction limits except with written permission.
e. Construction Regulation: You will at all times while performing Your obligations under
this Agreement comply with the requirements of CPUC General Orders 95 (Overhead
Electric Construction Standards), 112E(Gas System Construction Standards)and 128
(Underground Electric Constructions Standards),as they apply to this Agreement. It will
be Your duty and responsibility while performing any cutting or welding to comply with
the safety provisions of the National Fire Protections Association's"National Fire
Codes", and Factory Mutual Engineering's cutting and welding procedures and the
applicable requirements specified in Owner's associated documents.
f. Work and Safety Program: You will have a work and safety program and rules for the
Work. You shall enforce Your work and safety requirements for all Work performed on
the work site. You will ensure that all Your personnel receive,read and sign a copy of
the work and safety rules. You shall retain proof of compliance for Owner's inspection
upon request. You will designate a safety contact person for all matters concerning Your
work and safety programs.
g. First-Aid Facilities: If first-aid facilities are required,You shall furnish, stock,and
provide the necessary qualified personnel to maintain such first-aid facility at Your
expense. Nothing contained in this Agreement shall relieve You from providing and
maintaining all stretchers,blankets,first-aid material,and first-aid kits as required by
applicable safety order of the State of California Department of Industrial Relations,
CITY OF FRESNO
PACIFIC GAS AND ELECTRIC COMPANY
PAGE 3 of 11
EXHIBIT D:
TERMS AND CONDITIONS APPLICABLE TO SUBCONTRACTORS
("PG&E FLOWDOWN TERMS")
Division of Occupational Safety and Health(Cal/OSHA)or as required by other federal,
state or local laws,rules or regulations.
h. Standby Vehicle(s): If one or more standby vehicles is required for the transporting of
seriously injured personnel,You shall furnish,maintain and operate such vehicle(s)at
Your expense. If a standby vehicle is provided for transporting seriously injured project
personnel to medical facilities,You shall have available specifically assigned workers
who are qualified to drive the vehicle and to care for the injured in case of emergency.
i. Site Safety Plan: When required by federal OSHA regulations(29 CFR 1910.120),by
other Legal Requirements, or by Owner,You shall provide a written site safety plan for
acceptance by Owner and the applicable regulatory agency(s)as required,prior to
commencement of Work. The site safety plan shall establish policies and procedures for
protecting the health and safety of personnel during all operations conducted at a site with
Hazardous Materials or suspected Hazardous Materials. The plan shall contain
information about the known or suspected hazards,routine and special safety procedures
that must be followed,and other instructions for safeguarding the health and safety of all
affected personnel.
j. Owner's receipt of Your emergency action plan,safety plan, environmental plan or any
other safety and health related information does not imply that Owner endorses the plan.
You are solely responsible for performing the Work in compliance with all Legal
Requirements.
2. Standards. You shall perform the Work generally using Good Utility Practice, and
otherwise in compliance herewith. Your engineering,procurement and construction of Owner's Facilities
shall comply with all requirements provided by, or made available by, Owner, to City or to You which
pertain to engineering, procurement or construction of Owner's Facilities. For the avoidance of doubt,
Owner will provide and make available such requirements in the same manner as Owner would to other
entities constructing facilities to ultimately be owned by Owner, in some cases through access to
information on Owner's website.
3. GO 176. You acknowledge that the design of electric and gas utility facilities within City's
right-of-way is governed by General Order 176 ("GO 176") adopted by the CPUC. Designs for Owner's
Facilities which will be located within City's right-of-way must meet the requirements of GO 176. Any
proposed alternative design will be determined on a case by case basis and will require written approval
from City and Owner,as provided for within GO 176.
4. NERC Requirements. Pursuant to a directive from the North American Electric Reliability
Corporation ("NERC"), all employees and contractors with unescorted access to facilities and functions
that Owner deems critical to the support of the electricity infrastructure("Critical Facilities")must undergo
employment background screening and training before being granted access to any Owner facilities. Owner
has included in the category of those with "unescorted access" all City and subcontractor personnel
("Individual") working within Critical Facilities. The following requirements apply to any Work subject
to the NERC requirements:
a. The background screening program for each Individual includes each of the following: (i) Social
Security number verification; (ii)county criminal check(up to three counties where the applicant
E
CITY OF FRESNO
PACIFIC GAS AND ELECTRIC COMPANY
PAGE 4 of 11
EXHIBIT D:
TERMS AND CONDITIONS APPLICABLE TO SUBCONTRACTORS
("PG&E FLOWDOWN TERMS")
/employee has lived in the past seven years); and (iii)"Global Watch" (check of 19 Federal and
International Terrorist Watch lists).
b. The NERC directive also requires that City or its subcontractor administer to each Individual with
access to Critical Facilities an initial and annual Owner web-based training session. This training
program will also be provided in CD and hard copy format.
c. Following conclusion of an acceptable background check and certified completion of the above
training courses, You will provide Owner's corporate security department with a completion
confirmation for each Individual. Owner will issue each Individual a keycard to access the
designated Owner facility to which they are assigned. Owner will deny access to Critical Facilities
to any Individual who has not passed clearance.
5. Outsourced Gas Asset Mana cment Activities.
a. You must comply with the terms and conditions of Owner's Outsourced Gas Asset Management
Activities Program ("OGAMAP") in the performance of all Work performed for Owner's gas
operations organization. The OGAMAP requires that You demonstrate a strong commitment to
gas safety excellence and maintain appropriate controls over the gas infrastructure supply chain.
Any Work performed for Owner must be completed in full compliance with the following, as it
may be modified from time to time: (i) Owner's Code of Conduct for Contractors, consultants,
subcontractors, suppliers and vendors as found through this link (which code of conduct is
incorporated by reference herein):
http://www.pge.com/includes/docs/pdfs/b2b/purchasing/contractor_consultant_and_suppl ier—code.pdf,
(ii) Owner's Gas Asset Management Policy TD-01; (iii)PG&E's Gas Asset Management Strategy
and Objectives; (iv)PG&E's Gas Operations process for raising safety concerns and issues; and
(v)all terms,conditions,and specifications for Work set forth herein.
b. Should Owner require,You will obtain a complete understanding of Your role(s)supporting Owner
in a gas emergency. As a reference guide, Owner will provide You with a copy of Owner's Gas
Emergency Response Plan Volumes 1 and 2 and Gas Safety Plan provided to increase knowledge
and understanding of providing a safe,efficient and coordinated response to emergencies affecting
gas transmission and distribution systems. These documents provide emergency response guidance
consistent with the Incident Command System.
c. You will access and download a copy of Owner's Code of Conduct for Contractors, consultants,
suppliers and vendors at the link provided in Section 4(a). You will receive an email invitation to
access Owner's third party internet site www.poweradvocate.com to obtain access and to download
the documents referenced in Sections 4(a)(ii)—(iv)and Section 4(b).
d. You represent, warrant, and certify that You and Your employees performing Work under this
Agreement have been provided, and have reviewed,the above-referenced documents and agree to
comply with all terms and conditions contained in those documents.
6. Injury_and Illness Prevention Program. In the performance of the Work,You acknowledge
that You have an effective injury and illness prevention program which meets the requirements of all
Applicable Laws,including but not limited to Section 6401.7 of the California Labor Code. You will ensure
CITY OF FRESNO
PACIFIC GAS AND ELECTRIC COMPANY
PAGE 5 of 11
EXHIBIT D:
TERMS AND CONDITIONS APPLICABLE TO SUBCONTRACTORS
("PG&E FLOWDOWN TERMS")
that any Subcontractor hired to perform any portion of the Work also has an effective injury and illness
prevention program.
7. Work on Owner or Customer Property. The following provisions apply to the extent that
the Work requires You (collectively, "Personnel") to have access to Owner assets, premises, customer
property, or logical access to Owner data or systems(collectively, "Access").
a. Criminal Background Checks.
i. You warrant and represent that You will not assign any Personnel to work
requiring Access unless You have performed a criminal background check
on each such individual (either at the time of hiring or during the course
of employment). Prior to assigning work requiring Access to any
Personnel with one or more criminal convictions during the last seven
years, You must consider the gravity of the individual's offense,the time
since the conviction, the successful completion of parole/probation, the
individual's age at the time of conviction,the number of convictions,and
the stability of the individual,including favorable work history. You will
also consider the relation of the offense to the nature of the work or service
the individual will perform.
ii. Notwithstanding the foregoing, You will not, under any circumstances,
grant Access to an individual with one or more convictions for a"Serious
Offense(s)", which is defined as violent and sex offenses, crimes against
children, domestic violence, fraud, theft (including but not limited to
identity theft), embezzlement, all felonies during the last seven years,
and/or two or more DUIs in the past three years.
iii. You will maintain documentation related to Your criminal background
check investigation for all Personnel requiring Access and make it
available to Owner for audit if requested.
iv. You also agree to notify Owner if any of Your Personnel requiring Access
are charged with or convicted of a Serious Offense during the course of
Your performance under this Agreement.
b. Fitness for Duty. You must ensure that Your Personnel granted Access report to work fit for duty.
Personnel with Access may not consume alcohol while on duty and/or be under the influence of
drugs that impair their ability to work safely. Owner expects each supplier to have policies in place
that requires their employees report to work in a condition that allows them to perform the work
safely. For example, employees should not be operating equipment under medication that creates
drowsiness. As a federal contractor, Owner does not recognize or allow work to be completed
under the influence of marijuana,whether or not is it used for medical reasons.
c. Eligibility for Owner Work.When assigning any Personnel to perform Work requiring Access,You
will submit each person's full name and the last four digits of their social security number to Owner
CITY OF FRESNO
PACIFIC GAS AND ELECTRIC COMPANY
PAGE 6 of 11
EXHIBIT D:
TERMS AND CONDITIONS APPLICABLE TO SUBCONTRACTORS
("PG&E FLOWDOWN TERMS")
at the following e-mail address: RecruitingOperations@pge.com. Owner reserves the right to
decline to accept any proposed Personnel,in which case You will promptly propose a replacement.
8. Document Retention and Production Requirements.
a. You agree to retain all documents and data, whether paper or electronic, created, collected or
received for Owner in the course of performing the Work,including without limitation,documents,
data, plans, drawings, diagrams, investigative notes, field notes, tests, photographs, records,
calculations,summaries,and reports;provided that You are not required to retain(i)draft versions
of final written documents such as reports, presentations, or other written deliverables and
(ii)documents that are inconsequential or ancillary to performance and documentation of the Work
("PG&E Documents")as follows:
b. You will store PG&E Documents in a secure and organized manner. All PG&E Documents must
be in legible form,whether paper or electronic. In managing and administering PG&E Documents,
You will comply with the requirements of"The Generally Accepted Recordkeeping Principles®"
(see www.arma.nrg),or with modified requirements approved in writing by Owner.
c. Upon completion of the Work,Owner will specify which of PG&E Documents must be transmitted
by You to Owner("PG&E Records"),provided however,unless otherwise agreed by Owner:
i. You will transmit to Owner,or provide Owner access to, PG&E Records
on request within 48 hours or sooner if needed (without limitation) for
regulatory, CPUC, safety,audit and/or litigation requirements;
ii. Owner may specify that PG&E Records be delivered to Owner on a
regular basis prior to completion of the Work;
iii. With respect to PG&E Documents not transmitted to Owner as PG&E
Records, You must retain all such documents for 24 months after
completion of the Work ("Retention Period"). During the Retention
Period,PG&E Documents will be retained by You at no additional cost to
Owner until disposed of in accordance with Section 7(f) below. To the
extent Owner requests You to retain PG&E Documents after the Retention
Period, You and Your contracting counterpart will mutually agree on the
terms and conditions of the additional Retention Period;
iv. If PG&E Records are kept in electronic form, the following formats are
acceptable for transmission to Owner: (A)PDF, CAD or TIFF for
Drawings and diagrams and (B)PDF for all other documents. If PG&E
Records transmitted to Owner consist of data in a proprietary format,You
will make available to Owner the proprietary tools or software necessary
to access the data including after the transfer of the data to Owner. This
subsection(iv) does not abrogate Your obligation to produce PG&E
Records in an alternative format(e.g.,a native format)if so agreed by You
in the course of performance of this Agreement, in which case You will
produce PG&E Records in each of the formats agreed.
CITY OF FRESNO
PACIFIC GAS AND ELECTRIC COMPANY
PAGE 7 of 11
EXHIBIT D:
TERMS AND CONDITIONS APPLICABLE TO SUBCONTRACTORS
("PG&E FLOWDOWN TERMS")
d. PG&E Documents will be treated as confidential and will not be disclosed to others unless You are
required to produce the documents pursuant to legal or regulatory requirements,in which case You
will give Owner maximum practicable advance notice before any production.
e. You will maintain a system for back-up of electronic PG&E Documents (e.g., files or databases)
so they will be preserved for retrieval in case the originals are lost or destroyed.
f. If Owner directs You to dispose of PG&E Documents, and provided the records retention period
required by City has expired, You will do so in a confidential and secure manner, whether the
format is electronic or paper. Proof of destruction of PG&E Documents will be submitted to Owner
upon request.
g. If Owner provides paper documents to You in order to convert them to digital electronic format,
You will return both the paper documents and the documents converted to digital electronic format
to Owner.
9. Materials:Approved Material SWppliers.
a. You shall be responsible for (i)procurement of all materials in accordance with Owner
requirements from Owner-approved Material Suppliers ("Approved Material Suppliers");
(ii)material storage and security; (iii)disposal of excess materials; and (iv)immediate removal
from the job site of materials rejected by Owner. Equipment with repairable defects may be
repaired rather than being replaced at the discretion of the responsible Owner standards engineer.
Equipment to be replaced shall be removed from the job site without undue delay.
b. Prior to the installation of materials,You shall provide Owner with the supplier's certifications that
all permanent materials to be used in the Work comply with the applicable specifications and
Drawings. All material shall be new and in first class condition and shall comply with the
requirements of this Agreement,with the exception of equipment that is pending repair.
c. Storage and handling of all material shall be in accordance with the applicable Owner standards or
manufacturer recommendations. Furnishing protective storage facilities for materials shall be Your
responsibility.
d. You acknowledge that there is a process for a supplier to become an Approved Material Supplier
if it is not already on Owner's list of approved material suppliers; and that You will contact Owner
in such a case to timely complete the process. Certain relevant information can be found here:
http://www.pge.coi-n/en/b2b/Purchasing/suppliers/index.page.
e. If You have a previous relationship with Owner to supply materials or labor, the warranty under
the Subcontract will be the same as applies for comparable materials or labor supplied by You
directly to Owner, and in any event shall be for a minimum of one year from the date of final
acceptance of Your work by Owner. The warranty terms, including duration, shall be provided to
City. You agree that your warranty will be assigned by City to Owner.
f. You will not request that Owner procure for You or provide to You any materials whatsoever for
incorporation in the HSR Project,except through a formal written communication by You to City.
CITY OF FRESNO
PACIFIC GAS AND ELECTRIC COMPANY
PAGE 8 of 11
EXHIBIT D:
TERMS AND CONDITIONS APPLICABLE TO SUBCONTRACTORS
("PG&E FLOWDOWN TERMS")
You will not incorporate any materials procured for You or provided to You by Owner into the
HSR Project unless you have a written agreement from Owner allowing such incorporation,
expressly describing the particular materials.
10. Underground Service Alert Notification. Before digging,You shall contact,"Underground
Service Alert"(USA),and abide by its rules and procedures.
11. Gas Service Records. Owner will provide to You "gas service records". The gas service
records must be returned to Owner with As-Built correction prior to acceptance and pressurization of the
gas services.
12. Not to Bind Owner. You shall not bind or purport to bind Owner.
13. Remedyof Deficiencies. At an time during construction should an phase of the
Y g � Y
engineering, equipment procurement, or construction of Owner's Facilities not meet the standards and
specifications required hereby, You shall be obligated to remedy deficiencies in that portion of Owner's
Facilities.
14. Insurance. Owner shall be named as additional insured on any liability insurance policies
required under this Agreement.
15. Owner Access. At any time during construction, Owner shall have the right to gain
unrestricted access to the Facilities installed under this Agreement by You, to conduct inspections of the
same, and to be present during performance of Work. Owner has the right to make field and shop
inspections and material tests and to perform all of its customary QA/QC if it so elects. You agree that
neither the making,nor the failure to make,inspections and tests nor the express or implied approval of the
Work by Owner shall relieve You from the responsibility to complete and guarantee the Work as specified.
Rejected Work shall be remedied at Your expense.
16. City's Engineer(s�. You shall require a City's Engineer to be in charge of each worksite,
to supervise the Work, to exercise control as may be required and to be available to Owner when Work is
being performed.
17. Avoiding Inconvenience to Owner's Customers. The Work shall be engineered,scheduled
and performed so as to minimize outage time and other inconvenience to Owner's customers.
18. Hazardous Materials. Upon discovery of Hazardous Material in connection with the Work,
You shall confer with City to explore all reasonable alternatives and agree on a course of action,and You
shall immediately reschedule the Work to complete the Work in accordance with City's reasonable schedule
and in compliance with Applicable Law concerning the disposition of Hazardous Material. Each Party
retains the right to pursue recovery of its share of any such Hazardous Material related costs from the other
Party or third parties in accordance with existing law.
19. Records.
a. You shall provide documentation to warrant that the installed facilities meet or exceed the
requirements of this Agreement and are installed in the proper location. In addition, You will
CITY OF FRESNO
PACIFIC GAS AND ELECTRIC COMPANY
PAGE 9 of 11
EXHIBIT D:
TERMS AND CONDITIONS APPLICABLE TO SUBCONTRACTORS
("PG&E FLOWDOWN TERMS")
provide As-Built Drawings and marked up service orders(when applicable)in a form specified by
Owner.
b. You shall provide (A) Certified copies of Owner's approved Qualification records for all
welders/plastic joiners; and (B)Testing documents including calibration documents for testing
equipment.
20. Prevailing Wage. Pursuant to Public Works Case No. 2001-059 determination by the
California Department of Industrial Relations dated October 25, 2002, work performed by You, as one of
City's contractors, is a public work under the definition of Labor Code Section 1720(a) and is therefore
subject to prevailing wage requirements. You shall verify compliance with this requirement.
21. Performing IBEW Represented Work.
(a) The provisions of this Section 19 will apply if You perform Work that is normally
performed by Owner employees represented by the International Brotherhood of Electrical
Workers("IBEW"),Local 1245.
(b) If Owner identifies any Work as construction work normally and historically
performed by IBEW-represented Owner employees in one of the following departments,
then such construction work must only be performed by a contractor who is signatory to
an agreement with IBEW Local 1245 that covers the identified Work: Electric
Transmission and Distribution(T&D),Gas T&D,or Substation Departments(collectively,
the Identified Departments ). You will not subcontract such construction work to a non-
signatory contractor or to a contractor who is signatory to a union other than IBEW Local
1245, unless such contractor has requested and received the prior written approval of
Owner, which approval may be contingent upon, among other things, receipt of any
necessary third party approvals.
(c) The provisions of this Section 19 do not apply to (i)maintenance work normally
and historically performed by IBEW-represented Owner employees in the Identified
Departments or (ii)construction and maintenance work normally performed by IBEW-
represented Owner employees in all other Owner departments (collectively, "Other
Work"). For Work Owner identifies as Other Work not subject to the requirements of this
Section 19, City will pay its personnel wages that meet or exceed prevailing wages. For
purposes of this Section 19(c), prevailing wages will be as defined by California Labor
Code Sections 1770, 1773,and 1773.1.
(d) At Owner's request, you will provide Owner a certified copy of Your and Your
subcontractors' payroll, including benefits, broken out by Owner department for all Work
that is subject to this Section 19.
(e) All requirements of this Section 19 will extend to subcontractors (inclusive of all
tiers).
(f) If the provisions of this Section 19 conflict with the requirements of other sections
of this Agreement,this Section 19 will prevail.
CITY OF FRESNO
PACIFIC GAS AND ELECTRIC COMPANY
PAGE 10 of 11
EXHIBIT D:
TERMS AND CONDITIONS APPLICABLE TO SUBCONTRACTORS
k ("PG&E FLOWDOWN TERMS")
!� 22. Labor Relations.
(a) General. You shall promptly notify Owner in writing of any labor dispute or
anticipated labor dispute which may affect the time,performance or cost of the Work.
(b) Local Bargaining. In addition to Your legal obligations under the Labor-
Management Relations Act, if You are a subscriber to a multi-employer bargaining
association or group, You will, if Owner directs, participate to the fullest extent in the
collective bargaining of that group with any labor organizations claiming jurisdiction over
any portion of the Work.
(c) Interim Agreements. You will not make interim agreements with labor unions
4 during contract bargaining designed to avoid strikes sanctioned by an international union
[ or by a local building trades council or engage in other activities which might undermine
management efforts at the bargaining table.
(d) Strike. In the event of a labor dispute or strike by Your or Your subcontractor's
(inclusive of all tiers)employees that threatens the progress or cost of the Work or Owner's
labor relations, or which disrupts Owner's operations,or results in a secondary boycott at
Owner facilities, Owner reserves the right to restrict additional hiring of Your or
f subcontractors' (inclusive of all tiers) employees, to suspend or discontinue Your or any
subcontractors' (inclusive of all tiers)Work,or terminate this Agreement. This Section 19
will be applicable whether or not You or any of Your subcontractors(inclusive of all tiers)
is directly involved in a labor dispute.
(e) Existing Union Contracts. You will not make any new labor agreements with any
local construction trade union affecting the performance of the Work or its cost to Owner
or City, independent of or in conflict with agreements in effect between the local
contractors' association and the union, without first obtaining written approval from
Owner.
(f) National Agreements. You will,within 15 days after award of a contract or notice
to proceed, whichever is later, for any Work hereunder, supply Owner with copies of
national agreements to which You are a party. No later than five days before the expiration
of any local agreement which may affect the Work, You will meet with Owner for the
purpose of discussing the appropriate course of action.
(g) Jurisdictional Disputes. You and Your subcontractors (inclusive of all tiers) will
take steps to resolve violations of collective bargaining agreements and jurisdictional
disputes, including without limitation the filing of appropriate process with any court or
administrative agency having jurisdiction to settle, enjoin, or to award damages resulting
from violations of collective bargaining agreements or from jurisdictional disputes.
(h) Labor Supply. You will provide a sufficient number of skilled union workers to
fulfill the requirements of this Agreement.
CITY OF FRESNO
PACIFIC GAS AND ELECTRIC COMPANY
PAGE 11 of 11
EXHIBIT D:
TERMS AND CONDITIONS APPLICABLE TO SUBCONTRACTORS
("PG&E FLOWDOWN TERMS")
(i) Apprentices. It is important to Owner that the Work be performed in the most
economical manner consistent with requirements of this Agreement. It is also in Owner's
best interest to have an adequate number of trained workers within its service area to
perform construction work that may be required. You will actively participate in union
apprentice programs and exert Your best effort to maintain the maximum complement of
apprentices in the field work force as permitted by the local collective bargaining
agreements. You will employ during the performance of the Work the number of
apprentices or trainees, or both, in each occupation, called for by each applicable labor
agreement;will take whatever steps may be necessary to assure that 25%of the apprentices
or trainees in each occupation are in their first year of training; and will agree to maintain
and make available for inspection,upon Owner's request,Your records on employment of
apprentices,trainees, and journeymen,in each occupation.
0) Use of Prefabricated Material. You will install prefabricated or preassembled
equipment where specified or purchased by your contracting counterparty, or otherwise
where it is deemed to be the most economical alternative fabricated in a union shop and
without necessary change or rework.
23. Prior to performing any Work on "joint poles", i.e., those occupied by other utilities or
users besides Owner,You or City's Contractor will coordinate in a customary manner with all joint users,
including sending advance notices of intent and performing pole loading calculations. After performing
such Work, You will provide all relevant inputs to Owner's software application which keeps records of
joint pole users and configurations.
24. You will provide all relevant inputs to Owner's"Fast Flow Estimating(FFE)Tool",a web
based(cloud)software application,and/or any substitute or additional tool. It is designed to inventory/cost
material for Owner distribution gas and electric designs.
CITY Or FRESNO
PACIFIC GAS AND ELECTRIC COMPANY
PAGE 1 of 3
EXHIBIT E:
RATES
COST ELEMENT DESCRIPTION I RATE NOT QUANTITY UNITS INVOICE SUMMARY CALL NOTES
ACTNTIY TYPE TO EXCEED OUT
OVERHEAD COSTS I NOT TO EXCEED
Estimating 37% Engineering ,Applied to all contract and construction labor costs
Estimating-Internal 57% Engineering Applied to all contract and construction labor costs
Mapping 12% Engineering ,Applied to all contract and construction labor costs
Service Planning 18% Engineering Applied to all contract and construction labor costs
Capitalized A&G 50% Overhead Applied to all direct labor costs
,Applied to all costs when the project is anticipated to have 30 plus
AFUDC 20% Overhead clays of construction
Benefits OH 90% Overhead Applied to all direct labor costs
Building Service Overhead 18% Overhead Applied to all direct labor costs
Pension/PROP Intercompany Surcharge 18% Overhead Applied to all direct labor costs
deet OH 58% Overhead .Applied to all direct labor costs
Indirect Labor-Cust Care 35% Overhead Applied to customer care direct labor costs
Indirect Labor-Electric 50% Overhead Applied to all electric labor costs
Indirect Labor-Enviromental Land 50% -Overhead Applied to all environmental land labor costs
Indirect Labor-Gas 40% -Overhead Applied to all gas labor costs
(indirect Labor-IT 70% 10verhead Applied to all IT labor costs
lnsur&Casualty Intercompany Surcharge 14% Overhead Applied to all direct labor costs
IIT Device OH 11% Overhead Applied to all direct labor costs
Material Burden 24% Overhead Applied to all material costs
Minor Materials OH 16% Overhead Applied to all material costs
'Operation Mgmt&Support-Cust Care 60% 'Overhead Applied to customer care direct labor costs
Operation Mgmt&Support-Electric 70% Overhead Appied to all electric labor costs
(Operation Mgmt&Support-Environ Land 35% Overhead Appied to all environmental land labor costs
Operation Mgmt&Support-Gas 60% 'Overhead Applied to all gas labor costs
Operation Mgmt&Support-IT 25% 'Overhead Applied to all IT labor costs
Paid Time Off 41% 'Overhead Applied to all direct labor casts
Payroll Taxes OH 34% Overhead Applied to all direct labor costs
Spoils&Other 12% Overhead Applied to all direct labor costs
HOURLY LABOR RATE/NOT TO EXCEED
Account Services $100 1 HRS Engineering
Account Services DoubleTime $187 1 HRS Engineering
Account Services Overtime $141 1IHRS Engineering
Acquisition-Mite $149 1 HRS Engineering
Administrative Services $130 1 HRS Engineering
.Administrative Services-Double Time $164 1 HRS Engineering
.Administrative Services•OT $130 1 HRS Engineefing
Analyst Services $147 1 HRS Engineering
.Analyst Svcs DoubleTime $183 1 HRS Engineering
Analy3tSvctOvertime $166 1 HRS (Engineering
Apprentice $169 1(HRS (Engineering
.Apprentice-DT $197 1 HRS Engineering
Apprentice-OT $169 1 (HRS (Engineering
Build $94 1 IHRS (Engineering
Build/Dev/Enhance DoubleTime $167 1 IHRS Engineering
Build/Dev/Enhance OverTime $115 1 1HRS JEngineering
Civil Construction $91 1 HRS Construction
Civil Construction DT $155 1 I-IRS Construction
Civil Construction OT $116 1 HRS Construction
Civil Design Standard Time $118 1 HRS f_nginea 11 ng
Civil Design Double Time $166 1 HRS Engineering
Civil Design Overtime $137 1 IHRS ngineering
Civil Eng Standard Time $118 1 IiRS Engineering
CiAEngineer DoubleTime $166 1 HRS JEngineering
Civil Eng Overtime 5148 1 HRS Engineering
Community Relations $103 1 HRS Engineering
Construction Services $131 1 HRS Construction
Construction Doublelime Services $183 1 HRS Construction
'.onstruction Overtime Services $175 1 NRS Construction
Consulting Services $196 1 IHRS Engineering
Contract Electrical Construction $150 1(HRS lConstruction
Contract Electrical Construction DT 5155 1(HRS Construction
Contract Electrical Construction OT $150 1(HRS Construction
Contractor Admin $300 1 (HRS 'Construction
Corrosion Dcubletime $128 1 (HRS (Engineering
Rates updated August 2018
CITY OF FRESNO
PACIFIC GAS AND ELECTRIC COMPANY
PAGE 1 of 3
EXHIBIT E:
RATES
COST ELEMENT DESCRIPTION/ RATE NOT INVOICE SUMMARY CALL
ACTNRYTYPE TO EXCEED QUANTITY UNITSINVOICENO FES
Corrasion Overtime $109 1(HRS (Engineering
Corrosion Service $i85 1 IHRS (Engineering
(Design Drafting Services $78 1(HRS IFEngineering
(Design Drafting Services-Overtime $108 1(HRS (Engineering
(Design Services $148 1(HRS (Engineering
(Design Services Doubletime $175 1 IHRS (Engineering
(Design Services Overtime $159 1 (HRS (Engineering
Electric Estimating $148 1 IHRS (Engineering
Electric Estimating Doubletime $175 1 IHRS Engineering
Electric Estimating Overtime $159 1 IHRS Engineering
Engineering Services $196 1 11TRS Engineering
Englnowing Doubkdlma $218 1 IHRS Engineering
Engineering Services-OT $210 1 IHRS engineering
Engineering/Mapping $129 1 HRS Engineering
Engineering/Mapping Services-Doubletime $186 1 HRS Engineering
Eng€neeeringlMaWing Servcoss Ovealimo $143 1 HRS Engineering
Environmental Planning&Permitting-Mise $161 1 HRS Engineering
Environ Plan&Permit DoubleTime $176 1 HRS Engineering
Environ Plan&Permit Overtime $161 1 HRS Englneaft
Environmental Services $161 1 HRS Engineering
Environmental Services-DT $176 1 I1RS Engineering
Environmental Services-OT $161 1 HRS Engineering
Estviranrnenlal Slte Remedistlon $206 1 HRS Engineering
Estimating Services $78 1 HRS Engineering
Estimating Doubletime $144 1 HRS Engineering
Estimating Overtime Services $108 1 HRS Engineering
(Field Services $91 1 HRS Engineering
(Field Services-Doubletime $176 1 HRS (Engineering
IField Services-Overtime $132 1 HRS Engineering
(Gas Estimating $95 1 IHRS (Engineering
Gas Estimating Doubletime $175 1 IHRS (Engineering
'Gas Estimating Overtime $131 1 IHRS (Engineering
'GIS Services $87 1 HRS Engineering
'GIS Svcs DoubleTime $171 1 HRS (Engineering
C318 Svcs Overtime $128 1 IHRS (Engineering
Inspection Services $149 1 HRS Construction
inspection Services DT $167 1 MRS 'Construction
Inspection Services IDT $149 1 IHRS Construction
IT Analyze,Plan,Mtce,etc. $280 1 IHRS Engineering
IT Analyze,Plan,Miles,etc.Tier 2 $134 1 HRS Engineering
R Consulting Pro Mgnt $280 1 HRS Engineering
IT SO Project Deliv $97 1 HRS Engineering
IT-Telcom Maint $112 1 IHRS Engineering
Land Rights-Misc 5149 1 HRS Engineering
Land Rights Doubletime $164 1 IHRS Engineering
Land Rights Overtime $149 1 HRS Engineering
Land Surveying&Engineering Supprt-Vise $149 1 IHRS Engineering
'Legal Services 1 $167 1 IHRS Engineering
(Line Design Standard Time $118 1 IHRS Engineering
(Line Design Double Time $199 1 HRS Engineering
'LlneDesign Overtime $145 1 HRS Engineering
(Line Services Standard Time $118 1 HRS Engineering
(Line Services Doubletime $166 1 HRS Engineering
(Line Services Overtime $148 1 HRS Engineering
IMaintain&Operate Services $100 1 HRS (Engineering
Maintenance&Operations Doubletime Services $188 1 HRS (Engineering
Maintain&Operate Overtime Services $141 1 HRS Engineering
Maintenance Services $108 1 IHRS (Engineering
Maintenance Services-DT 5194 1 IHRS (Engineering
Maintenance Services Overtime $146 1 HRS (Engineering
Manage L&EM $86 1 IHRS Engineering
Manage L&EM-WRO Support $86 1 IHRS (Engineering
Manage L&EM-WRO Sup Doubletime $164 1 IHRS lEngineering
Manage L&EM-WRO Sup Overtime $123 1 IHRS Engineering
Management Services $170 1 HRS Engineering
Rates updated August 2018
CIN OF FRESNO
PACIFIC GAS AND ELECTRIC COMPANY
PAGE 1 of 3
EXHIBIT E:
RATES
COST ELEMENT DESCRIPTION I RATE NOT QUANTITY UNITS INVOICE SUMMARY CALL NOTES
ACTNITY TYPE TO EXCEED OUT
Management Svcs DcubleTime $229 1 IHRS Engineering
Management Services-OT $172 1 IHRS I Engineering
Mapping Services $78 1 IHRS IlEngineering
Mapping Doubletime $144 1 IHRS (Engineering
Mapping Overtime Services $108 1 IHRS (Engineering
(Monitoring/Controlling Services $177 1 IHRS IEnglneedng
MoNtodrig[Contralling Services-Double Tkne $266 1 IHRS (Engineering
(Monitoring/Controlling Services-Overtime $354 1 IHRS (Engineering
Operating Services $101 1 HRS (Engineering
Operating Services OT $128 1 IHRS Engineering
PG&E Contractor 1 $160 1 HRS lConstruction
(Planning Services $94 1 IHRS Engineering
(Planning Services DoubleTime $159 1 IHRS Engineering
Planning Overtime Services $119 1 HRS Engineering
Program Administration Service $131 1 IHRS Engineering
Project Management Services $115 1 IHRS Engineering
Project Management Doubletime $183 1 HRS Engimarling
Project Management Overtime $166 1 HRS Engineering
Records Management $135 1 HRS Engineering
SCADA Services $102 1 HRS Engineering
SCADA-Double Time $187 1 HRS Engineering
SCADA-Overrime $107 1 HRS Engineering
Substation Design Standard Time $101 1 HRS Engineering
Substation Design Double Time $199 1 HRS Engineering
Substafion Design Overtime $145 1 IHRS Engineering
Substation Eng Standard Time $118 1 IHRS !Engineering
Substation Engineering Doubletime $229 1 HRS iEngineering
Substation Eng Overtime $172 1 IHRS (Engineering
Switching Operations Service $180 1 IHRS (Engineering
Switching Operations Service-Overtime $242 1 IHRS (Engineering
:Switching Operations Svcs.-Doubletime $390 1 IHRS (Engineering
System Protection Straight Time $117 1 IHRS (Engineering
System Protection Overtime $165 1 IHRS (Engineering
System Protection Doubletime $213 1 1HRS (Engineering
'Technical Services $175 1 IHRS (Engineering
Tasling 5184 1 HRS (Engineering
Teaft Overtime 5244 1 IHRS Engineering
-Testing Doubletime $352 1 IHRS Engineering
Rates updated August 2018
CITY OF FRESNO
PACIFIC GAS AND ELECTRIC COMPANY
PAGE 1 of 2
EXHIBIT F:
FORM OF NOTICE TO OWNER
NOTICE TO OWNER
Number Owners File: PM
Date: Construction Pack? 1
CFP-0
G Street Realignment
To: Pacific Gas and Electric Company
650"O"Street,Bag 23
Fresno,CA 93760
Attn: Mr.Gage Fleming
1. The City of Fresno requires Relocation of Owner's Electric Distribution Facilities in Construction
Package CFP-01 (the"G Street Realignment") to accommodate the California High-Speed Train
Project("HST Project"). The Relocation shall be peribrined pursuant to the Utility Agreement
between CITY and OWNER(X_XX-___),at 100%CITY expense.
2. Scope of Work: Perform Facility Work associated wish the Relocation of Owner's Facilities within
and around the rail corridor as described below:
3. The work schedule under this Notice to Owner shall be as follows: Begin work
20 and complete work by ............ 20 .
4. (Describe with particularity which Subcontractor is to perform which portions of the Work(must
be an Approved Subcontractor). Describe with particularity which materials suppliers will supply
materials(mast be Approved Materials Suppliers).]
By countersignature below,OWNER acknowledges and agrees to the Scope of Work and Work Schedule
set forth in this Notice to Owner.
CITY OF FRESNO
By
Name:
Title:
CITY OF FRESNO
PACIFIC GAS AND ELECTRIC COMPANY
PAGE 2 of 2
EXHIBIT F:
FORM OF NOTICE TO OWNER
Acknowledged and agreed:
PACIFIC GAS AND ELECTRIC COMPANY
By: 'l'
Name:
Title: :_ :,f•..
E
CITY OF FRESNO
Pacific Gas and EXHIBIT G: PACIFIC GAS AND ELECTRIC COMPANY
Electric Company. FORM of INVOICE PAGE I of4
Gage Fleming
Land Agent
650 O Street, Mail Bag#23
February 28, 2019 Fresno,CA 93760
559-263-7374
Financial Operations Section gef5@pge.com
California High-Speed Rail Authority
770 L Street, Suite 620 MS3
Sacramento, CA 95814
Utility: PG&E
Project: CFP-01
Contract No: City of Fresno XX-XX
Invoice Date:2-28-2019
Invoice#: 7515639
Invoice Period: 1-01-19 ---- 2-01-19
Invoice Amount: $14,711.65
ARRA Reimbursement
FR-HSR-0009-10-01-00
California High-Speed Train Program ARRA Grant
California High-Speed Rail Authority
Grant Task:
Mail all payrnents to the above address.
Submitted By:
Gage Fleming
Land Agent
CITY OF FRESNO
EXHIBIT G: PACIFIC GAS AND ELECTRIC COMPANY
FORM of INVOICE PAGE 2 of 4
pwirw&S am
EftclhcCompanys
Gage Fleming
Land Agent
650 0 St, Mail Bag#23
Fresno,CA 93760
559-263-7374
gef@pge.com
RE: City of Fresno XX-XX Invoice#7515639 r_
S
Work Summary: 'fir
NTO 1—Coordination—42323171
• Mark and locate at CP 2-3 Design Build Contractor's request
• HSR impacts on Corcoran Substation property, prepare for and rneet with HSR and the designers
Cost Summary:
Billing
NTO# Order# Project Amount
1 42323171,1 WRO Coordination $14,711.65
_ TOTAL: $14,711.65
I
CITY OF FRESNO
EXHIBIT G: PACIFIC GAS AND ELECTRIC COMPANY
FORM of INVOICE PAGE 3 of 4
HSR 14-49 Billing Summary
NTO# Order# Project Billing Amount
1 42323171 WRO Coordination $14,711.65
TOTAL: $14,711.65
CITY OF FRESNO
EXHIBIT G: PACIFIC GAS AND ELECTRIC COMPANY
FORM of INVOICE PAGE 4 of 4
City of Fresno XX-XX 42323171-WRO Coordination-Billing Period 1/1/19 through 1/31/19
FFR$
V--
Estimating $230.23 1.00 2/1/2016
Estimating $380.12 1.00 1/27/2016
hJa in $43.55 1.00 2/1/2016
Mapping $'71.89 1.00 1/27/2016
Service Planning $110.43 1.00 2/1/2016
Service Planning $182.34 1.00 1/27/2016
Paid Time Off -$31.05 1.00 1/29/2016
Paid Time Off $338.12 1.00 2/1/2016
Paid Time Off $788.01 1.00 1/27/2016
Indirect Labor-Electric $97.62 1.00 2/1/2016
Indirect Labor-Electric $245.56 1,00 1/27/2016
Indirect Labor-Gas $315.09 1.00 2/1/2016
Indirect Labor-Gas $545.97 1.00 1/27/2016
Indirect Labor-Environmental Land $137.82 1.00 27112016
Indirect Labor-Environmental Land $433.17 1.00 1/27/2016
O er.M mt&Support $1.377.74 1.00
Fleet $1,158.90 1.00
Building Services $'380.64 1.00
IT $186.63 1.00
Benefits $1,!938.90 1.00
Payroll Taxes $657.78 1,00
Pension&PBOP $624.66 1.00
Workers Com /LTD $379.11 1.00
Construction $22.39 0.50 MRS 2/1/2016
Construction $23.73 0.50 HRS 1/21/2016
Construction $44.78 1.00 HRS 1/25/2016
Construction $44.78 1,00 HRS 1/2512016
Construction $44.78 1:00 HRS 1/1212016
Construction $44.78 1.00 HRS 1/20/2016
Construction $44.78 1.00 HRS 1/20/2016
Construction $44.78 1.00 HRS 1/20/2016
Construction $44.78 1.00 HRS 1/25/2016
Construction $44.78 1.00 HRS 2/1/2016
Construction $44.78 1.00 HRS 2/1/2016
Construction $44.78 1.00 HRS 2/112016
Construction $44.78 1.00 HRS 1/25/2016
Construction $44.78 1.00 HRS 2/1/2016
Construction $67.17 1.50 HRS 1/20/2016
Construction $89.56 2.00 HRS 1/11/2016
Construction $89.56 2.00 HRS 2/1/2016
Construction $89.56 2.00 HRS 2/1/2016
Construction $89.56 2.00 HRS 2/1/2016
Construction $134.34 3.00 HRS 1120/2016
Construction $179.12 4.00 HRS 1/2512016
Construction $179.12 4.00 HRS 2/1/2016
Acquisition-Misc $57.32 1.00 HRS 1/25/2016
Acquisition-Misc $171.96 3.00 HRS 1/12/2016
Acquisition-Misc $171.96 3.00 HRS 2/1/2016
Acquisition-Misc $200.62 3.50 HRS 1/25/2016
Acquisition-Misc $229.28 4.00 HRS 2/1/2016
Construction Overtime Services $30.80 0.50 HRS 2/1/2016
Construction Overtime Services $30.80 0.50 HRS 2/1/2016
Construction Overtime Services $30.80 0.50 HRS 112012016
Construction Overtime Services $61.59 1.00 HRS 1/25/2016
Construction Overtime Services $61.59 1.00 1 HRS 2/1/2016
Construction Overtime Services $61.59 1.00 HRS 2/1/2016
Construction Overtime Services $92.39 1.50 HRS 2/1/2016
Construction Overtime Services $92.39 1.50 HRS 1/20/2016
Construction Overtime Services $123,18 2.00 HRS 1/25/2016
Construction Overtime Services $369.54 1 6.00 HRS 1/25/2016
Land Rights-Misc $;57.32 1.00 HRS 1/19/2016
Land Rights-Misc $171.96 3.00 HRS 1/19/2016
Land Rights-Misc $601.86 10.50 HRS 1/19/2016
Total Hours this Page: 78.00 HRS
'TOTAL COSTS: $14,711.65
CITY OF FRESNO
PACIFIC GAS AND ELECTRIC COMPANY
PAGE 1 of 1
EXHIBIT H:
COST ESTIMATE
G Street Relocation Cost Estimate
Estimated Bost
(5000)
Gas distribution Support 5200
Electric Distribution Support 550
Design Support $D
Construction Support s0
Land Oversight $90
PMO Oversite $65
USA S10
Total Estimate,before Contingency $415
AACE Level Contingency• $415
Total Esti rnat e,including ContingencV $830
Contingency is not included in the Contract amount,subject to Section 3,2(b).
Per the AACE cast estimate classification system,for AACE Class 5,actual costs
are expected to be within a range of 100%higher or 5W.lower
Assumptions:
Project duration i;Two years from start to completion
Gas Distribution work is limited to the relocation of about 220D ft of gas
main;estimate does not include tapping or tanking work which may be
required to support the Gas Distribution work
Electric Distribution work is limited to removal of faci#ites
Service Disconnects are not included in this estimate