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HomeMy WebLinkAboutReso 74-2002RESOLUTION NO. 74-2002 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION AUTHORIZING AGREEMENTS BETVVEEN PACIFIC GAS AND ELECTRIC AND THE CITY OF SOUTH SAN FRANCISCO FOR COST SHARING INCURRED FOR THE RELOCATION OF ELECTRICAL UTILITIES WHEREAS, the construction of Phase III/Hook Ramps necessitates that Pacific Gas and Electric's 230KV transmission facilities within the city's limits be relocated; and WHEREAS, it is recommended that the City enter into cost sharing agreements with Pacific Gas and Electric for the Electrical Utilities Relocation Project; and WHEREAS, the cost sharing agreements are pursuant to Section 9(A) of the master agreement between Cal-Trans and Pacific Gas and Electric dated April 16, 1952; and WHEREAS, the project is authorized in the Capital Improvement Program Budget. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that the City Council hereby authorizes agreements between Pacific Gas and Electric and the City of South San Francisco for cost sharing incurred for the relocation of electrical utilities. BE IT, FURTHER RESOLVED that the City Manager is hereby authorized to execute the agreements on behalf of the City of South San Francisco. I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a regular meeting held on the 14th day of August 2002 by the following vote: AYES: Councilmembers Joseph A. Femekes, Raymond L. Green and Karyl Matsumoto, Mayor Pro Tem Pedro Gonzalez and Mayor Eugene R. Mullin NOES: None. ABSTAIN: None. ABSENT: None. ATTEST: ' 6/ City Clerk CITY OF SOUTH SAN FRANCICO UTILITY AGREEMENT Page 1 of 5 Dist. County Route P.M.(KP) 4 SM US101 36.2\38.0 Fed. Aid. No. n/a Owner's File #7017445 FEDERAL PARTICIPATION: On the Project [ ] Yes [x] No On the Utilities [ ] Yes [x] No E.A. 254901 UTILITY AGREEMENT NO.1543.2.3 DATE: June 17, 2002 The CITY OF SOUTH SAN FRANCISCO, hereinafter called "CITY", acting by and through the State of California Department of Transportation, proposes to construct a realignment of Bayshore Blvd. from Sister Cities Boulevard to approximately 1000 meters north of Sister Cities Boulevard. PACIFIC GAS AND ELECTRIC, hereinafter called "OWNER", owns and maintains 250mm 230kV electrical transmission facilities within the limits of CITY's project which require relocation to accommodate realignment of the roadway. It is hereby mutually agreed that: I. WORK TO BE DONE In accordance with Notice to Owner No.1543.2.3 dated 4/24/02, CITY shall provide potholing and underground survey services for said utility facilities. All work shall be performed substantially in accordance with OWNER's Utility Plan No 7017445, a copy of which is on file in the City of South San Francisco, 400 Grand Avenue, South San Francisco, CA 94080 and also at District Office of the Department of Transportation, 111 Grand Avenue, Oakland, CA 94612-3771. Minor deviations from the above-described work may be made and incidental work may be performed by CITY's Contractor when mutually acceptable to both parties and upon approval of the CITY. Deviations from the OWNER's plan described above, initiated by either the CITY or the OWNER, shall be agreed upon by both parties hereto under a Revised Notice to Owner. Such Revised Notices to Owner, approved by the CITY and acknowledged by the OWNER, will constitute an approved revision of the OWNER's plan described above and are hereby made a part hereof. No work under said deviation shall commence prior to receipt by the OWNER of the Revised Notice to Owner. Changes in the scope of the work will require an amendment to this Agreement in addition to the revised Notice to Owner. UTILITY AGREEMENT No.1543.2.3 (Cont'd) Page 2 of 5 II. LIABILITY FOR WORK The cost of potholing and underground survey services for OWNER's utility facilities, as described in Section I above, shall be 50 percent OWNER expense and 50 percent CITY, pursuant to Section 9(A) of the Master Agreement between Caltrans and Pacific Gas and Electric dated April 16, 1952, as amended. Total Estimated Cost .......................................................... $2,875.00 Total Estimated CITY Liability,(50%) ....................................... $1,437.50 Total Estimated PG&E liability, (50%) ...................................... $1,437.50 III. PERFORMANCE OF WORK CITY or CITY's contractor shall perform all phases of the potholing and underground survey work required under this Agreement and is to coordinate said work with the OWNER and OWNER's contractor(s). CITY shall be obligated to inform OWNER's designated representative of the scheduled date and time of the survey work. All work shall be performed under the direction of CITY's Engineer as shown on the Notice to Owner. OWNER shall have access to all phases of the work to be performed by CITY's contractor to ensure that the work is performed safely and accurately. CITY agrees to perform the herein-described work with its own forces or to cause the herein-described work to be performed by the CITY's contractor, employed by written contract on a continuing basis to perform work of this type, and to provide and furnish all necessary labor, materials, tools, and equipment required therefore, and to prosecute said work diligently to completion. IV. PAYMENT FOR WORK Owner Operates Under PUC or FCC Rules: "The OWNER shall pay its share of the actual cost of the herein described work within 90 days after receipt of CITY's itemized bill in quintuplicate, signed by a responsible official of CITY and prepared on CITY's letterhead, compiled on the basis of the actual cost and expense incurred and charged or allocated to said work in accordance with the uniform system of accounts prescribed for OWNER by the California Public Utilities Commission or Federal Communications Commission, whichever is applicable. It is understood and agreed that the CITY will not pay for any betterment or increase in capacity of OWNER's facilities in the new location and that OWNER shall give credit to the CITY for all accrued depreciation on the replaced facilities and for the salvage value of any material or pads salvaged and retained or sold by OWNER. UTILITY AGREEMENT No.1543.2.3 (Cont'd) Page 3 of 5 Not more frequently than once a month, but at least quarterly, CITY will prepare and submit progress bills for costs incurred not to exceed CITY'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 OWNER of documentation supporting the cost increase and after an Amendment to this Agreement has been executed by the parties to this Agreement. The CITY shall submit a final bill to the OWNER within 360 days after the completion of the work described in Section I. above. If the OWNER has not received a final bill within 360 days after notification of completion of CITY's work described in Section I. of this Agreement, and CITY has delivered to OWNER fully executed Director's Deeds, Consents to Common Use or Joint Use Agreements as required for OWNER's facilities, OWNER will provide written notification to CITY of its intent to close its file within 30 days and CITY hereby acknowledges, to the extent allowed by law, that all remaining costs will be deemed to have been abandoned. The final billing shall be in the form of an itemized statement of the total costs charged to the project, less the credits provided for in this Agreement, and less any amounts covered by progress billings. However, the OWNER shall not pay final bills which exceed the estimated cost of this Agreement without documentation of the reason for the increase of said cost from the CITY. If the final bill exceeds the CITY's estimated costs solely as the result of a revised Notice to Owner as provided for in Section I, a copy of said revised Notice to Owner shall suffice as documentation. In any event, if the final bill exceeds 125% of the estimated cost of this Agreement, an Amended Agreement shall be executed by the parties to this agreement prior to the payment of the CITY's final bill. Any and all increases in costs that are the direct result of material deviation from the work described in Section I of this Agreement shall have the prior concurrence of the OWNER. Detailed records from which the billing is compiled shall be retained by the CITY for a period of three years from the date of the final bill and will be available for audit by OWNER, State and/or Federal auditors. CITY agrees to comply with audit principles and standards as set forth in 48 CFR, Chapter 1, Part 31. UTILITY AGREEMENT No. 1543.2.3 (Cont'd) Page 4 of 5 V. GENERAL CONDITIONS Neither OWNER nor any officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement. It is understood and agreed that, CITY or its contractor(s) shall fully defend, indemnify and save harmless the OWNER, all officers and employees from all claims, suits or actions of every name, kind and description brought for or on account of injury occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement. Neither CITY nor any officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by OWNER under or in connection with any work, authority or jurisdiction delegated to OWNER under this Agreement. It is understood and agreed that, OWNER shall defend, indemnify and save harmless CITY from all claims, suits or actions of every name, kind and description brought for or on account of injury occurring by reason of anything done or omitted to be done by OWNER under or in connection with any work, authority or jurisdiction delegated to OWNER under this Agreement. All costs accrued by OWNER as a result of CITY's request of June 4, 1998 to review, study and/or prepare plans and estimates for the work associated with this Agreement may be billed pursuant to the terms and conditions of this Agreement. The OWNER shall maintain records of the actual costs incurred and charged or allocated to the project in accordance with recognized accounting principles. If CITY's project, which precipitated this Agreement, is canceled or modified so as to eliminate the necessity of work by CITY's contractor, 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 the Agreement. CITY shall submit a Notice of Completion to the OWNER within 30 days of the completion of the work described herein. UTILITY AGREEMENT No.1543.2.3 (Cont'd) Page 5 of 5 THE ESTIMATED COST TO CITY FOR ITS SHARE OF THE ABOVE DESCRIBED WORK IS $1,437.50 CERTIFICATION OF FUNDS FUND TYPE I hereby certify upon my own personal knowledge that budgeted funds are City & SMCTA available for the period and purpose of the expenditure shown here. AMOUNT $1,437.50 John Gibbs, Director of Public Works I Date 4-24-02 IN WITNESS WHEREOF, the above parties have executed this Agreement the day and year above written. City of South San Francisco Pacific Gas and Electric By: By: Mike Wilson, City Manager APPROVAL RECOMMENDED: Date Carl Horikoshi, Land Services Supervisor Date By: By: Steve Mattas, City Attorney Date David Klm, Program Manager Date CITY OF SOUTH SAN FRANCICO UTILITY AGREEMENT Page I of 5 Dist. County 4 SM Fed. Aid. No. n/a Owner's File #7017908 FEDERAL PARTICIPATION: On the Project [ ] Yes [x] No On the Utilities [ ] Yes [x] No Route P.M.(KP) E.A. US101 36.2\38.0 254901 UTILITY AGREEMENT NO.1543.1.2 DATE: June 17, 2002 The CITY OF SOUTH SAN FRANCISCO, hereinafter called "CITY", acting by and through the State of California Department of Transportation, proposes to construct a realignment of Bayshore Blvd. from Sister Cities Boulevard to approximately 1000 meters north of Sister Cities Boulevard. PACIFIC GAS AND ELECTRIC, hereinafter called "OWNER", owns and maintains 600mm gas transmission facilities within the limits of CITY's project which require relocation to accommodate realignment of the roadway. It is hereby mutually agreed that: I. WORK TO BE DONE In accordance with Notice to Owner No.1543.1.2 dated 4/24/02, OWNER shall relocate said utility facilities. All work shall be performed substantially in accordance with OWNER's Utility Plan No 7017908, a copy of which is on file in the City of South San Francisco, 400 Grand Avenue, South San Francisco, CA 94080 and also at District Office of the Department of Transportation, 111 Grand Avenue, Oakland, CA 94612-3771. Minor deviations from the above-described work may be made and incidental work may be performed by CITY's Contractor when mutually acceptable to both parties and upon approval of the CITY. Deviations from the OWNER's plan described above, initiated by either the CITY or the OWNER, shall be agreed upon by both parties hereto under a Revised Notice to Owner. Such Revised Notices to Owner, approved by the CITY and acknowledged by the OWNER, will constitute an approved revision of the OWNER's plan described above and are hereby made a part hereof. No work under said deviation shall commence prior to receipt by the OWNER of the Revised Notice to Owner. Changes in the scope of the work will require an amendment to this Agreement in addition to the revised Notice to Owner." UTILITY AGREEMENT No.1543.1.2 (Cont'd) Page 2 of 5 II. LIABILITY FOR WORK The cost of relocation for OWNER's utility facilities, as described in Section I above, shall be 50 percent OWNER expense and 50 percent CITY, pursuant to Section 9(A) of the Master Agreement between Caltrans and Pacific Gas and Electric dated April 16, 1952, as amended. Total Estimated Cost .......................................................... $1,970,000.00 Total Estimated CITY Liability,(50%) ....................................... $ 985,000.00 Total Estimated PG&E liability, (50%) ..................................... $ 985,000.00 III. PERFORMANCE OF WORK OWNER or OWNER's contractor shall perform all phases of the relocation work required under this Agreement and is to coordinate said work with the CITY and CITY's contractor(s). OWNER shall be obligated to inform CITY's designated representative of the scheduled date and time of the relocation work. All work shall be performed under the direction of CITY's Engineer as shown on the Notice to Owner. CITY shall have access to all phases of the work to be performed by OWNER's contractor to ensure that the work is performed safely and accurately. Owner's Forces or Continuing Contractor Performs Work: "OWNER agrees to perform the herein-described work with its own forces or to cause the herein-described work to be performed by the OWNER's contractor, employed by written contract on a continuing basis to perform work of this type, and to provide and furnish all necessary labor, materials, tools, and equipment required therefore, and to prosecute said work diligently to completion." IV. PAYMENT FOR WORK Owner Operates Under PUC or FCC Rules: "The CITY shall pay its share of the actual cost of the herein described work within 90 days after receipt of OWNER's itemized bill in quintuplicate, signed by a responsible official of OWNER's organization and prepared on OWNER's letterhead, compiled on the basis of the actual cost and expense incurred and charged or allocated to said work in accordance with the uniform system of accounts prescribed for OWNER by the California Public Utilities Commission or Federal Communications Commission, whichever is applicable. "It is understood and agreed that the CITY will not pay for any betterment or increase in capacity of OWNER's facilities in the new location and that OWNER shall give credit to the CITY for all accrued depreciation on the replaced facilities and for the salvage value of any material or parts salvaged and retained or sold by OWNER." "Not more frequently than once a month, but at least quarterly, OWNER will prepare and submit progress bills for costs incurred not to exceed OWNER's UTILITY AGREEMENT No. 1543.1.2 (Cont'd) Page 3 of 5 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." "The OWNER shall submit a final bill to the CITY within 360 days after the completion of the work described in Section I. above. If the CITY has not received a final bill within 360 days after notification of completion of OWNER's work described in Section I. of this Agreement, and CITY has delivered to OWNER fully executed Director's Deeds, Consents to Common Use or Joint Use Agreements as required for OWNER's facilities, CITY will provide written notification to OWNER of its intent to close its file within 30 days and OWNER hereby acknowledges, to the extent allowed by law, that all remaining costs will be deemed to have been abandoned." "The final billing shall be in the form of an itemized statement of the total costs charged to the project, less the credits provided for in this Agreement, and less any amounts covered by progress billings. However, the CITY shall not pay final bills which exceed the estimated cost of this Agreement without documentation of the reason for the increase of said cost from the OWNER. If the final bill exceeds the OWNER's estimated costs solely as the result of a revised Notice to Owner as provided for in Section I, a copy of said revised Notice to Owner shall suffice as documentation." In any event, if the final bill exceeds 125% of the estimated cost of this Agreement, an Amended Agreement shall be executed by the parties to this agreement prior to the payment of the OWNER's final bill. Any and all increases in costs that are the direct result of material deviation from the work described in Section I of this Agreement shall have the prior concurrence of the CITY. "Detailed records from which the billing is compiled shall be retained by the OWNER for a period of three years from the date of the final bill and will be available for audit by CITY, State and/or Federal auditors. Owner agrees to comply with audit principles and standards as set forth in 48 CFR, Chapter 1, Part 31 ." UTILITY AGREEMENT No.1543.1.2 (Cont'd) Page 4 of 5 V. GENERAL CONDITIONS Neither OWNER nor any officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement. It is understood and agreed that, CITY or its contractor(s) shall fully defend, indemnify and save harmless the OWNER, all officers and employees from all claims, suits or actions of every name, kind and description brought for or on account of injury occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement. Neither CITY nor any officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by OWNER under or in connection with any work, authority or jurisdiction delegated to OWNER under this Agreement. It is understood and agreed that, OWNER shall defend, indemnify and save harmless CITY from all claims, suits or actions of every name, kind and description brought for or on account of injury occurring by reason of anything done or omitted to be done by OWNER under or in connection with any work, authority or jurisdiction delegated to OWNER under this Agreement. All costs accrued by OWNER as a result of CITY's request of June 4, 1998 to review, study and/or prepare plans and estimates for the work associated with this Agreement may be billed pursuant to the terms and conditions of this Agreement. The OWNER shall maintain records of the actual costs incurred and charged or allocated to the project in accordance with recognized accounting principles. If CITY's project, which precipitated this Agreement, is canceled or modified so as to eliminate the necessity of work by CITY's contractor, 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 the Agreement. OWNER shall submit a Notice of Completion to the CITY within 30 days of the completion of the work described herein. UTILITY AGREEMENT No.1543.1.2 (Cont'd) Page 5 of 5 THE ESTIMATED COST TO CITY FOR ITS SHARE OF THE ABOVE DESCRIBED WORK IS $ 985,000.00 CERTIFICATION OF FUNDS FUND TYPE I hereby certify upon my own personal knowledge that budgeted funds are City & SMCTA available for the period and purpose of the expenditure shown here. AMOUNT $985,000.00 John Gibbs, Director of Public Works I Date 4-24-02 IN WITNESS WHEREOF, the above parties have executed this Agreement the day and year above written. City of South San Francisco Pacific Gas and Electric By: By: Mike Wilson, City Manager APPROVAL RECOMMENDED: Date Carl Horikoshi, Date Land Services Supervisor By: By: Steve Mattas, City Attorney Date David Kim, Date Program Manager CITY OF SOUTH SAN FRANClCO UTILITY AGREEMENT Page 1 of 5 Dist. County 4 SM Fed. Aid. No. n/a Owner's File #7017445 FEDERAL PARTICIPATION: On the Project [ ] Yes [x] No On the Utilities [ ] Yes [x] No Route P.M.(KP) E.A. US101 36.2\38.0 254901 UTILITY AGREEMENT NO.1543.2.4 DATE: June 17, 2002 The CITY OF SOUTH SAN FRANCISCO, hereinafter called "CITY", acting by and through the State of California Department of Transportation, proposes to construct a realignment of Bayshore Blvd. from Sister Cities Boulevard to approximately 1000 meters north of Sister Cities Boulevard. PACIFIC GAS AND ELECTRIC, hereinafter called "OWNER", owns and maintains 250mm 230kV electrical transmission facilities within the limits of CITY's project which require relocation to accommodate realignment of the roadway. It is hereby mutually agreed that: I. WORK TO BE DONE In accordance with Notice to Owner No.1543.2.4 dated 4/24/02, CITY shall provide engineering design work for said utility facilities. All work shall be performed substantially in accordance with OWNER's Utility Plan No 7017445, a copy of which is on file in the City of South San Francisco, 400 Grand Avenue, South San Francisco, CA 94080 and also at District Office of the Department of Transportation, 111 Grand Avenue, Oakland, CA 94612-3771. Minor deviations from the above-described work may be made and incidental work may be performed by CITY's Contractor when mutually acceptable to both parties and upon approval of the CITY. Deviations from the OWNER's plan described above, initiated by either the CITY or the OWNER, shall be agreed upon by both parties hereto under a Revised Notice to Owner. Such Revised Notices to Owner, approved by the CITY and acknowledged by the OWNER, will constitute an approved revision of the OWNER's plan described above and are hereby made a part hereof. No work under said deviation shall commence prior to receipt by the OWNER of the Revised Notice to Owner. Changes in the scope of the work will require an amendment to this Agreement in addition to the revised Notice to Owner. UTILITY AGREEMENT No. 1543.2.4 (Cont'd) Page 2 of 5 II. LIABILITY FOR WORK The cost of engineering design services for OWNER's utility facilities, as described in Section I above, shall be 50 percent OWNER expense and 50 percent CITY, pursuant to Section 9(A) of the Master Agreement between Caltrans and Pacific Gas and Electric dated April 16, 1952, as amended. Total Estimated Cost .......................................................... $78,000.00 Total Estimated CITY Liability,(50%) ....................................... $39,000.00 Total Estimated PG&E liability, (50%) ...................................... $39,000.00 III. PERFORMANCE OF WORK CITY or CITY's contractor shall perform all phases of the engineering design work required under this Agreement and is to coordinate said work with the OWNER and OWNER's contractor(s). CITY shall be obligated to inform OWNER's designated representative of the scheduled date and time of the survey work. All work shall be performed under the direction of CITY's Engineer as shown on the Notice to Owner. OWNER shall have access to all phases of the work to be performed by CITY's contractor to ensure that the work is performed safely and accurately. CITY agrees to perform the herein-described work with its own forces or to cause the herein-described work to be performed by the CITY's contractor, employed by written contract on a continuing basis to perform work of this type, and to provide and furnish all necessary labor, materials, tools, and equipment required therefore, and to prosecute said work diligently to completion. IV. PAYMENT FOR WORK Owner Operates Under PUC or FCC Rules: "The OWNER shall pay its share of the actual cost of the herein described work within 90 days after receipt of CITY's itemized bill in quintuplicate, signed by a responsible official of CITY and prepared on CITY's letterhead, compiled on the basis of the actual cost and expense incurred and charged or allocated to said work in accordance with the uniform system of accounts prescribed for OWNER by the California Public Utilities Commission or Federal Communications Commission, whichever is applicable. It is understood and agreed that the CITY will not pay for any betterment or increase in capacity of OWNER's facilities in the new location and that OWNER shall give credit to the CITY for all accrued depreciation on the replaced facilities and for the salvage value of any material or parts salvaged and retained or sold by OWNER. Not more frequently than once a month, but at least quarterly, CITY will prepare and submit progress bills for costs incurred not to exceed CITY's recorded costs UTILITY AGREEMENT No.1543.2.4 (Cont'd) Page 3 of 5 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 OWNER of documentation supporting the cost increase and after an Amendment to this Agreement has been executed by the parties to this Agreement. The CITY shall submit a final bill to the OWNER within 360 days after the completion of the work described in Section I. above. If the OWNER has not received a final bill within 360 days after notification of completion of CITY's work described in Section I. of this Agreement, and CITY has delivered to OWNER fully executed Director's Deeds, Consents to Common Use or Joint Use Agreements as required for OWNER's facilities, OWNER will provide written notification to CITY of its intent to close its file within 30 days and CITY hereby acknowledges, to the extent allowed by law, that all remaining costs will be deemed to have been abandoned. The final billing shall be in the form of an itemized statement of the total costs charged to the project, less the credits provided for in this Agreement, and less any amounts covered by progress billings. However, the OWNER shall not pay final bills which exceed the estimated cost of this Agreement without documentation of the reason for the increase of said cost from the CITY. If the final bill exceeds the CITY's estimated costs solely as the result of a revised Notice to Owner as provided for in Section I, a copy of said revised Notice to Owner shall suffice as documentation. In any event, if the final bill exceeds 125% of the estimated cost of this Agreement, an Amended Agreement shall be executed by the parties to this agreement prior to the payment of the CITY's final bill. Any and all increases in costs that are the direct result of material deviation from the work described in Section I of this Agreement shall have the prior concurrence of the OWNER. Detailed records from which the billing is compiled shall be retained by the CITY for a period of three years from the date of the final bill and will be available for audit by OWNER, State and/or Federal auditors. CITY agrees to comply with audit principles and standards as set forth in 48 CFR, Chapter 1, Part 31. UTILITY AGREEMENT No. 1543.2.4 (Cont'd) Page 4 of 5 V. GENERAL CONDITIONS Neither OWNER nor any officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement. It is understood and agreed that, CITY or its contractor(s) shall fully defend, indemnify and save harmless the OWNER, all officers and employees from all claims, suits or actions of every name, kind and description brought for or on account of injury occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement. Neither CITY nor any officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by OWNER under or in connection with any work, authority or jurisdiction delegated to OWNER under this Agreement. It is understood and agreed that, OWNER shall defend, indemnify and save harmless CITY from all claims, suits or actions of every name, kind and description brought for or on account of injury occurring by reason of anything done or omitted to be done by OWNER under or in connection with any work, authority or jurisdiction delegated to OWNER under this Agreement. All costs accrued by OWNER as a result of CITY's request of June 4, 1998 to review, study and/or prepare plans and estimates for the work associated with this Agreement may be billed pursuant to the terms and conditions of this Agreement. The OWNER shall maintain records of the actual Costs incurred and charged or allocated to the project in accordance with recognized accounting principles. If CITY's project, which precipitated this Agreement, is canceled or modified so as to eliminate the necessity of work by CITY's contractor, 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 the Agreement. CITY shall submit a Notice of Completion to the OWNER within 30 days of the completion of the work described herein. UTILITY AGREEMENT No. 1543.2.4 (Cont'd) Page 5 of 5 THE ESTIMATED COST TO CITY FOR ITS SHARE OF THE ABOVE DESCRIBED WORK IS $39,000.00 CERTIFICATION OF FUNDS FUND TYPE I hereby certify upon my own personal knowledge that budgeted funds are City & SMCTA available for the period and purpose of the expenditure shown here. John Gibbs, Director of Public Works I Date 4-24-02 IN WITNESS WHEREOF, the above parties have executed this Agreement the day and year above written. City of South San Francisco Pacific Gas and Electric AMOUNT $39,000.00 By: By: Mike Wilson, City Manager APPROVAL RECOMMENDED: Date By: By: Steve Mattas, City Attorney Carl Horikoshi, Land Services Supervisor Date David Kim, Program Manager Date Date CITY OF SOUTH SAN FRANCICO UTILITY AGREEMENT Page 1 of 5 Dist. County Route P.M.(KP) 4 SM US101 36.2\38.0 Fed. Aid. No. n/a Owner's File #7017445 FEDERAL PARTICIPATION: On the Project [ ] Yes [x] No On the Utilities [ ] Yes [x] No E.A. 2549O1 UTILITY AGREEMENT NO.1543.2.1 DATE: June 17, 2002 The CITY OF SOUTH SAN FRANCISCO, hereinafter called "CITY", acting by and through the State of California Department of Transportation, proposes to construct a realignment of Bayshore Blvd. from Sister Cities Boulevard to approximately 1000 meters north of Sister Cities Boulevard. PACIFIC GAS AND ELECTRIC, hereinafter called "OWNER", owns and maintains 250mm 230KV electric transmission facilities within the limits of CITY's project which require relocation to accommodate realignment of the roadway. It is hereby mutually agreed that: I. WORK TO BE DONE In accordance with Notice to Owner No.1543.2.1 dated 4/24/02, OWNER shall relocate said utility facilities. All work shall be performed substantially in accordance with OWNER's Utility Plan No 7017445, a copy of which is on file in the City of South San Francisco, 400 Grand Avenue, South San Francisco, CA 94080 and also at District Office of the Department of Transportation, 111 Grand Avenue, Oakland, CA 94612-3771. Minor deviations from the above-described work may be made and incidental work may be performed by CITY's Contractor when mutually acceptable to both parties and upon approval of the CITY. Deviations from the OWNER's plan described above, initiated by either the CITY or the OWNER, shall be agreed upon by both parties hereto under a Revised Notice to Owner. Such Revised Notices to Owner, approved by the CITY and acknowledged by the OWNER, will constitute an approved revision of the OWNER's plan described above and are hereby made a part hereof. No work under said deviation shall commence prior to receipt by the OWNER of the Revised Notice to Owner. Changes in the scope of the work will require an amendment to this Agreement in addition to the revised Notice to Owner." UTILITY AGREEMENT No.1543.2.1 (Cont'd) Page 2 of 5 II. LIABILITY FOR WORK The cost of relocation for OWNER's utility facilities, as described in Section I above, shall be 50 percent OWNER expense and 50 percent CITY, pursuant to Section 9(A) of the Master Agreement between Caltrans and Pacific Gas and Electric dated April 16, 1952, as amended. Total Estimated Cost .......................................................... $5,364,160.00 Total Estimated CITY Liability,(50%) ...................................... $ 2,682,080.00 Total Estimated PG&E liability, (50%) .................................... $ 2,682,080.00 II1. PERFORMANCE OF WORK OWNER or OWNER's contractor shall perform all phases of the relocation work required under this Agreement and is to coordinate said work with the CITY and CITY's contractor(s). OWNER shall be obligated to inform CITY's designated representative of the scheduled date and time of the relocation work. All work shall be performed under the direction of CITY's Engineer as shown on the Notice to Owner. CITY shall have access to all phases of the work to be performed by OWNER's contractor to ensure that the work is performed safely and accurately. Owner's Forces or Continuinq Contractor Performs Work: "OWNER agrees to perform the herein-described work with its own forces or to cause the herein-described work to be performed by the OWNER's contractor, employed by written contract on a continuing basis to perform work of this type, and to provide and furnish all necessary labor, materials, tools, and equipment required therefore, and to prosecute said work diligently to completion." IV. PAYMENT FOR WORK Owner Operates Under PUC or FCC Rules: "The CITY shall pay its share of the actual cost of the herein described work within 90 days after receipt of OWNER's itemized bill in quintuplicate, signed by a responsible official of OWNER's organization and prepared on OWNER's letterhead, compiled on the basis of the actual cost and expense incurred and charged or allocated to said work in accordance with the uniform system of accounts prescribed for OWNER by the California Public Utilities Commission or Federal Communications Commission, whichever is applicable. "It is understood and agreed that the CITY will not pay for any betterment or increase in capacity of OWNER's facilities in the new location and that OWNER shall give credit to the CITY for all accrued depreciation on the replaced facilities and for the salvage value of any material or parts salvaged and retained or sold by OWNER." "Not more frequently than once a month, but at least quarterly, OWNER will prepare and submit progress bills for costs incurred not to exceed OWNER's UTILITY AGREEMENT No. 1543.2.1 (Cont'd) Page 3 of 5 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." "The OWNER shall submit a final bill to the CITY within 360 days after the completion of the work described in Section I. above. If the CITY has not received a final bill within 360 days after notification of completion of OWNER's work described in Section I. of this Agreement, and CITY has delivered to OWNER fully executed Director's Deeds, Consents to Common Use or Joint Use Agreements as required for OWNER's facilities, CITY will provide written notification to OWNER of its intent to close its file within 30 days and OWNER hereby acknowledges, to the extent allowed by law, that all remaining costs will be deemed to have been abandoned." "The final billing shall be in the form of an itemized statement of the total costs charged to the project, less the credits provided for in this Agreement, and less any amounts covered by progress billings. However, the CITY shall not pay final bills which exceed the estimated cost of this Agreement without documentation of the reason for the increase of said cost from the OWNER. If the final bill exceeds the OWNER's estimated costs solely as the result of a revised Notice to Owner as provided for in Section I, a copy of said revised Notice to Owner shall suffice as documentation." In any event, if the final bill exceeds 125% of the estimated cost of this Agreement, an Amended Agreement shall be executed by the parties to this agreement prior to the payment of the OWNER's final bill. Any and all increases in costs that are the direct result of material deviation from the work described in Section I of this Agreement shall have the prior concurrence of the CITY. "Detailed records from which the billing is compiled shall be retained by the OWNER for a period of three years from the date of the final bill and will be available for audit by CITY, State and/or Federal auditors. Owner agrees to comply with audit principles and standards as set forth in 48 CFR, Chapter 1, Part 31 ." UTILITY AGREEMENT No. 1543.2.1 (Cont'd) Page 4 of 5 V. GENERAL CONDITIONS Neither OWNER nor any officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement. It is understood and agreed that, CITY or its contractor(s) shall fully defend, indemnify and save harmless the OWNER, all officers and employees from all claims, suits or actions of every name, kind and description brought for or on account of injury occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement. Neither CITY nor any officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by OWNER under or in connection with any work, authority or jurisdiction delegated to OWNER under this Agreement. It is understood and agreed that, OWNER shall defend, indemnify and save harmless CITY from all claims, suits or actions of every name, kind and description brought for or on account of injury occurring by reason of anything done or omitted to be done by OWNER under or in connection with any work, authority or jurisdiction delegated to OWNER under this Agreement. All costs accrued by OWNER as a result of CITY's request of June 4, 1998 to review, study and/or prepare plans and estimates for the work associated with this Agreement may be billed pursuant to the terms and conditions of this Agreement. The OWNER shall maintain records of the actual costs incurred and charged or allocated to the project in accordance with recognized accounting principles. If CITY's project, which precipitated this Agreement, is canceled or modified so as to eliminate the necessity of work by CITY's contractor, 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 the Agreement. OWNER shall submit a Notice of Completion to the CITY within 30 days of the completion of the work described herein. UTILITY AGREEMENT No. 1543.2.1 (Cont'd) Page 5 of 5 THE ESTIMATED COST TO CITY FOR ITS SHARE OF THE ABOVE DESCRIBED WORK IS $ 2,682,080.00 CERTIFICATION OF FUNDS FUND TYPE I hereby certify upon my own personal knowledge that budgeted funds are City & SMCTA available for the period and purpose of the expenditure shown here. AMOUNT $2,682,080.00 John Gibbs, Director of Public Works I Date 4-24-02 IN WITNESS WHEREOF, the above parties have executed this Agreement the day and year above written. City of South San Francisco Pacific Gas and Electric By: By: Mike Wilson, City Manager APPROVAL RECOMMENDED: Date Carl Horikoshi, Land Services Supervisor Date By: By: Steve Mattas, City Attorney Date David Klm, Program Manager Date CITY OF SOUTH SAN FRANCICO UTILITY AGREEMENT Page 1 of 5 Dist. County Route P.M.(KP) 4 SM US101 36.2\38.0 Fed. Aid. No. n/a Owner's File #7041929 FEDERAL PARTICIPATION: On the Project [ ] Yes [x] No On the Utilities [ ] Yes [x] No E.A. 254901 UTILITY AGREEMENT NO.1543.1.1 DATE: June 17, 2002 The CITY OF SOUTH SAN FRANCISCO, hereinafter called "CITY", acting by and through the State of California Department of Transportation, proposes to construct a realignment of Bayshore Blvd. from Sister Cities Boulevard to approximately 1000 meters north of Sister Cities Boulevard. PACIFIC GAS AND ELECTRIC, hereinafter called "OWNER", owns and maintains fiber optic communication facilities within the limits of CITY's project which require relocation to accommodate realignment of the roadway. It is hereby mutually agreed that: I. WORKTO BEDONE In accordance with Notice to Owner No.1543.1.1 dated 4/24/02, OWNER shall relocate said utility facilities. All work shall be performed substantially in accordance with OWNER's Utility Plan No 7041929, a copy of which is on file in the City of South San Francisco, 400 Grand Avenue, South San Francisco, CA 94080 and also at District Office of the Department of Transportation, 111 Grand Avenue, Oakland, CA 94612-3771. Minor deviations from the above-described work may be made and incidental work may be performed by CITY's Contractor when mutually acceptable to both parties and upon approval of the CITY. Deviations from the OWNER's plan described above, initiated by either the CITY or the OWNER, shall be agreed upon by both parties hereto under a Revised Notice to Owner. Such Revised Notices to Owner, approved by the CITY and acknowledged by the OWNER, will constitute an approved revision of the OWNER's plan described above and are hereby made a part hereof. No work under said deviation shall commence prior to receipt by the OWNER of the Revised Notice to Owner. Changes in the scope of the work will require an amendment to this Agreement in addition to the revised Notice to Owner." UTILITY AGREEMENT No.1543.1.1 (Cont'd) Page 2 of 5 II. LIABILITY FOR WORK The cost of relocation for OWNER's utility facilities, as described in Section I above, shall be 50 percent OWNER expense and 50 percent CITY, pursuant to Section 9(A) of the Master Agreement between Caltrans and Pacific Gas and Electric dated April 16, 1952, as amended. Total Estimated Cost ............................................................. $187,000.00 Total Estimated CITY Liability,(50%) .......................................... $ 93,500.00 Total Estimated PG&E liability, (50%) ........................................ $ 93,500.00 III. PERFORMANCE OF WORK OWNER or OWNER's contractor shall perform all phases of the relocation work required under this Agreement and is to coordinate said work with the CITY and CITY's contractor(s). OWNER shall be obligated to inform CITY's designated representative of the scheduled date and time of the relocation work. All work shall be performed under the direction of CITY's Engineer as shown on the Notice to Owner. CITY shall have access to all phases of the work to be performed by OWNER's contractor to ensure that the work is performed safely and accurately. Owner's Forces or Continuing Contractor Performs Work: OWNER agrees to perform the herein-described work with its own forces or to cause the herein-described work to be performed by the OWNER's contractor, employed by written contract on a continuing basis to perform work of this type, and to provide and furnish all necessary labor, materials, tools, and equipment required therefore, and to prosecute said work diligently to completion. IV. PAYMENT FOR WORK Owner Operates Under PUC or FCC Rules: The CITY shall pay its share of the actual cost of the herein described work within 90 days after receipt of OWNER's itemized bill in quintuplicate, signed by a responsible official of OWNER's organization and prepared on OWNER's letterhead, compiled on the basis of the actual cost and expense incurred and charged or allocated to said work in accordance with the uniform system of accounts prescribed for OWNER by the California Public Utilities Commission or Federal Communications Commission, whichever is applicable. It is understood and agreed that the CITY will not pay for any betterment or increase in capacity of OWNER's facilities in the new location and that OWNER shall give credit to the CITY for all accrued depreciation on the replaced facilities and for the salvage value of any material or parts salvaged and retained or sold by OWNER. Not more frequently than once a month, but at least quarterly, OWNER will prepare and submit progress bills for costs incurred not to exceed OWNER's UTILITY AGREEMENT No.1543.1.1 (Cont'd) Page 3 of 5 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. The OWNER shall submit a final bill to the CITY within 360 days after the completion of the work described in Section I. above. If the CITY has not received a final bill within 360 days after notification of completion of OWNER's work described in Section I. of this Agreement, and CITY has delivered to OWNER fully executed Director's Deeds, Consents to Common Use or Joint Use Agreements as required for OWNER's facilities, CITY will provide written notification to OWNER of its intent to close its file within 30 days and OWNER hereby acknowledges, to the extent allowed by law, that all remaining costs will be deemed to have been abandoned. The final billing shall be in the form of an itemized statement of the total costs charged to the project, less the credits provided for in this Agreement, and less any amounts covered by progress billings. However, the CITY shall not pay final bills which exceed the estimated cost of this Agreement without documentation of the reason for the increase of said cost from the OWNER. If the final bill exceeds the OWNER's estimated costs solely as the result of a revised Notice to Owner as provided for in Section I, a copy of said revised Notice to Owner shall suffice as documentation. In any event, if the final bill exceeds 125% of the estimated cost of this Agreement, an Amended Agreement shall be executed by the parties to this agreement prior to the payment of the OWNER's final bill. Any and all increases in costs that are the direct result of material deviation from the work described in Section I of this Agreement shall have the prior concurrence of the CITY. Detailed records from which the billing is compiled shall be retained by the OWNER for a period of three years from the date of the final bill and will be available for audit by CITY, State and/or Federal auditors. Owner agrees to comply with audit principles and standards as set forth in 48 CFR, Chapter 1, Part 31. UTILITY AGREEMENT No.1543.1.1 (Cont'd) Page 4 of 5 V. GENERAL CONDITIONS Neither OWNER nor any officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement. It is understood and agreed that, CITY or its contractor(s) shall fully defend, indemnify and save harmless the OWNER, all officers and employees from all claims, suits or actions of every name, kind and description brought for or on account of injury occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement. Neither CITY nor any officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by OWNER under or in connection with any work, authority or jurisdiction delegated to OWNER under this Agreement. It is understood and agreed that, OWNER shall defend, indemnify and save harmless CITY from all claims, suits or actions of every name, kind and description brought for or on account of injury occurring by reason of anything done or omitted to be done by OWNER under or in connection with any work, authority or jurisdiction delegated to OWNER under this Agreement. All costs accrued by OWNER as a result of CITY's request of June 4, 1998 to review, study and/or prepare plans and estimates for the work associated with this Agreement may be billed pursuant to the terms and conditions of this Agreement. The OWNER shall maintain records of the actual costs incurred and charged or allocated to the project in accordance with recognized accounting principles. If CITY's project, which precipitated this Agreement, is canceled or modified so as to eliminate the necessity of work by CITY's contractor, 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 the Agreement. OWNER shall submit a Notice of Completion to the CITY within 30 days of the completion of the work described herein. UTILITY AGREEMENT No.1543.1.1 (Cont'd) Page 5 of 5 THE ESTIMATED COST TO CITY FOR ITS SHARE OF THE ABOVE DESCRIBED WORK IS $ 93,500.00 CERTIFICATION OF FUNDS FUND TYPE I hereby certify upon my own personal knowledge that budgeted funds are City & SMCTA available for the period and purpose of the expenditure shown here. AMOUNT $93,500.00 John Gibbs, Director of Public Works I Date 4-24-02 IN WITNESS WHEREOF, the above parties have executed this Agreement the day and year above written. City of South San Francisco Pacific Gas and Electric By: By: Mike Wilson, City Manager APPROVAL RECOMMENDED: Date Carl Horikoshi, Land Services Supervisor Date By: By: Steve Mattas, City Attorney Date David Kim, Program Manager Date CITY OF SOUTH SAN FRANClCO UTILITY AGREEMENT Page 1 of 5 Dist. County 4 SM Fed. Aid. No. n/a Owner's File #7017908 FEDERAL PARTICIPATION: On the Project [ ] Yes [x] No On the Utilities [ ] Yes [x] No Route P.M.(KP) E.A. US101 36.2\38.0 254901 UTILITY AGREEMENT NO.1543.1.4 DATE: June 17, 2002 The CITY OF SOUTH SAN FRANCISCO, hereinafter called "CITY", acting by and through the State of California Department of Transportation, proposes to construct a realignment of Bayshore Blvd. from Sister Cities Boulevard to approximately 1000 meters north of Sister Cities Boulevard. PACIFIC GAS AND ELECTRIC, hereinafter called "OWNER", owns and maintains 600mm gas transmission facilities within the limits of CITY's project which require relocation to accommodate realignment of the roadway. It is hereby mutually agreed that: I. WORK TO BE DONE In accordance with Notice to Owner No.1543.1.4 dated 4/24/02, CITY shall provide pothole and underground surveying services for said utility facilities. All work shall be performed substantially in accordance with OWNER's Utility Plan No 7017908, a copy of which is on file in the City of South San Francisco, 400 Grand Avenue, South San Francisco, CA 94080 and also at District Office of the Department of Transportation, 111 Grand Avenue, Oakland, CA 94612-3771. Minor deviations from the above-described work may be made and incidental work may be performed by CITY's Contractor when mutually acceptable to both parties and upon approval of the CITY. Deviations from the OWNER's plan described above, initiated by either the CITY or the OWNER, shall be agreed upon by both parties hereto under a Revised Notice to Owner. Such Revised Notices to Owner, approved by the CITY and acknowledged by the OWNER, will constitute an approved revision of the OWNER's plan described above and are hereby made a part hereof. No work under said deviation shall commence prior to receipt by the OWNER of the Revised Notice to Owner. Changes in the scope of the work will require an amendment to this Agreement in addition to the revised Notice to Owner. UTILITY AGREEMENT No.1543.1.4 (Cont'd) Page 2 of 5 II. LIABILITY FOR WORK The cost of potholing and underground surveying services for OWNER's utility facilities, as described in Section I above, shall be 50 percent OWNER expense and 50 percent CITY, pursuant to Section 9(A) of the Master Agreement between Caltrans and Pacific Gas and Electric dated April 16, 1952, as amended. Total Estimated Cost .......................................................... $2,875.00 Total Estimated CITY Liability,(50%) ....................................... $1,437.50 Total Estimated PG&E liability, (50%) ...................................... $1,437.50 III. PERFORMANCE OF WORK CITY or CITY's contractor shall perform all phases of the potholing and underground surveying services required under this Agreement and is to coordinate said work with the OWNER and OWNER's contractor(s). CITY shall be obligated to inform OWNER's designated representative of the scheduled date and time of the survey work. All work shall be performed under the direction of CITY's Engineer as shown on the Notice to Owner. OWNER shall have access to all phases of the work to be performed by CITY's contractor to ensure that the work is performed safely and accurately. CITY agrees to perform the herein-described work with its own forces or to cause the herein-described work to be performed by the CITY's contractor, employed by written contract on a continuing basis to perform work of this type, and to provide and furnish all necessary labor, materials, tools, and equipment required therefore, and to prosecute said work diligently to completion. IV. PAYMENT FOR WORK Owner Operates Under PUC or FCC Rules: "The OWNER shall pay its share of the actual cost of the herein described work within 90 days after receipt of CITY's itemized bill in quintuplicate, signed by a responsible official of CITY and prepared on CITY's letterhead, compiled on the basis of the actual cost and expense incurred and charged or allocated to said work in accordance with the uniform system of accounts prescribed for OWNER by the California Public Utilities Commission or Federal Communications Commission, whichever is applicable. It is understood and agreed that the CITY will not pay for any betterment or increase in capacity of OWNER's facilities in the new location and that OWNER shall give credit to the CITY for all accrued depreciation on the replaced facilities and for the salvage value of any material or parts salvaged and retained or sold by OWNER. UTILITY AGREEMENT No.1543.1.4 (Cont'd) Page 3 of 5 Not more frequently than once a month, but at least quarterly, CITY will prepare and submit progress bills for costs incurred not to exceed CITY'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 OWNER of documentation supporting the cost increase and after an Amendment to this Agreement has been executed by the parties to this Agreement. The CITY shall submit a final bill to the OWNER within 360 days after the completion of the work described in Section I. above. If the OWNER has not received a final bill within 360 days after notification of completion of CITY's work described in Section I. of this Agreement, and CITY has delivered to OWNER fully executed Director's Deeds, Consents to Common Use or Joint Use Agreements as required for OWNER's facilities, OWNER will provide written notification to CITY of its intent to close its file within 30 days and CITY hereby acknowledges, to the extent allowed by law, that all remaining costs will be deemed to have been abandoned. The final billing shall be in the form of an itemized statement of the total costs charged to the project, less the credits provided for in this Agreement, and less any amounts covered by progress billings. However, the OWNER shall not pay final bills which exceed the estimated cost of this Agreement without documentation of the reason for the increase of said cost from the CITY. If the final bill exceeds the CITY's estimated costs solely as the result of a revised Notice to Owner as provided for in Section I, a copy of said revised Notice to Owner shall suffice as documentation. In any event, if the final bill exceeds 125% of the estimated cost of this Agreement, an Amended Agreement shall be executed by the parties to this agreement prior to the payment of the CITY's final bill. Any and all increases in costs that are the direct result of material deviation from the work described in Section I of this Agreement shall have the prior concurrence of the OWNER. Detailed records from which the billing is compiled shall be retained by the CITY for a period of three years from the date of the final bill and will be available for audit by OWNER, State and/or Federal auditors. CITY agrees to comply with audit principles and standards as set forth in 48 CFR, Chapter 1, Part 31. UTILITY AGREEMENT No. 1543.1.4 (Cont'd) Page 4 of 5 V. GENERAL CONDITIONS Neither OWNER nor any officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement. It is understood and agreed that, CITY or its contractor(s) shall fully defend, indemnify and save harmless the OWNER, all officers and employees from all claims, suits or actions of every name, kind and description brought for or on account of injury occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement. Neither CITY nor any officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by OWNER under or in connection with any work, authority or jurisdiction delegated to OWNER under this Agreement. It is understood and agreed that, OWNER shall defend, indemnify and save harmless CITY from all claims, suits or actions of every name, kind and description brought for or on account of injury occurring by reason of anything done or omitted to be done by OWNER under or in connection with any work, authority or jurisdiction delegated to OWNER under this Agreement. All costs accrued by OWNER as a result of CITY's request of June 4, 1998 to review, study and/or prepare plans and estimates for the work associated with this Agreement may be billed pursuant to the terms and conditions of this Agreement. The OWNER shall maintain records of the actual costs incurred and charged or allocated to the project in accordance with recognized accounting principles. If CITY's project, which precipitated this Agreement, is canceled or modified so as to eliminate the necessity of work by CITY's contractor, 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 the Agreement. CITY shall submit a Notice of Completion to the OWNER within 30 days of the completion of the work described herein. UTILITY AGREEMENT No.1543.1.4 (Cont'd) Page 5 of 5 THE ESTIMATED COST TO CITY FOR ITS SHARE OF THE ABOVE DESCRIBED WORK IS $1,437.50 CERTIFICATION OF FUNDS FUND TYPE I hereby certify upon my own personal knowledge that budgeted funds are City & SMCTA available for the period and purpose of the expenditure shown here. AMOUNT $1,437.50 John Gibbs, Director of Public Works I Date 4-24-02 IN WITNESS WHEREOF, the above parties have executed this Agreement the day and year above written. City of South San Francisco Pacific Gas and Electric By: By: Mike Wilson, City Manager APPROVAL RECOMMENDED: Date Carl Horikoshi, Date Land Services Supervisor By: By: Steve Mattas, City Attorney Date David Kim, Date Program Manager CITY OF SOUTH SAN FRANClCO UTILITY AGREEMENT Page 1 of 5 Dist. County 4 SM Fed. Aid. No. n/a Owner's File #7017445 FEDERAL PARTICIPATION: On the Project [ ] Yes [x] No On the Utilities [ ] Yes [x] No Route P.M.(KP) E.A. US101 36.2\38.0 254901 UTILITY AGREEMENT NO.1543.2.2 DATE: June 17, 2002 The CITY OF SOUTH SAN FRANCISCO, hereinafter called "CITY", acting by and through the State of California Department of Transportation, proposes to construct a realignment of Bayshore Blvd. from Sister Cities Boulevard to approximately 1000 meters north of Sister Cities Boulevard. PACIFIC GAS AND ELECTRIC, hereinafter called "OWNER", owns and maintains 250mm 230kV electrical transmission facilities within the limits of CITY's project which require relocation to accommodate realignment of the roadway. It is hereby mutually agreed that: I. WORK TO BE DONE In accordance with Notice to Owner No.1543.2.2 dated 4/24/02, CITY shall provide construction surveying and staking services for said utility facilities. All work shall be performed substantially in accordance with OWNER's Utility Plan No 7017445, a copy of which is on file in the City of South San Francisco, 400 Grand Avenue, South San Francisco, CA 94080 and also at District Office of the Department of Transportation, 111 Grand Avenue, Oakland, CA 94612-3771. Minor deviations from the above-described work may be made and incidental work may be performed by CITY's Contractor when mutually acceptable to both parties and upon approval of the CITY. Deviations from the OWNER's plan described above, initiated by either the CITY or the OWNER, shall be agreed upon by both parties hereto under a Revised Notice to Owner. Such Revised Notices to Owner, approved by the CITY and acknowledged by the OWNER, will constitute an approved revision of the OWNER's plan described above and are hereby made a part hereof. No work under said deviation shall commence prior to receipt by the OWNER of the Revised Notice to Owner. Changes in the scope of the work will require an amendment to this Agreement in addition to the revised Notice to Owner. UTILITY AGREEMENT No.1543.2.2 (Cont'd) Page 2 of 5 I1. LIABILITY FOR WORK The cost of construction surveying and staking services for OWNER's utility facilities, as described in Section I above, shall be 50 percent OWNER expense and 50 percent CITY, pursuant to Section 9(A) of the Master Agreement between Caltrans and Pacific Gas and Electric dated April 16, 1952, as amended. Total Estimated Cost .......................................................... $20,625.00 Total Estimated CITY Liability,(50%) ....................................... $10,312.50 Total Estimated PG&E liability, (50%) ...................................... $10,312.50 II1. PERFORMANCE OF WORK CITY or CITY's contractor shall perform all phases of the construction surveying and staking work required under this Agreement and is to coordinate said work with the OWNER and OWNER's contractor(s). CITY shall be obligated to inform OWNER's designated representative of the scheduled date and time of the survey work. All work shall be performed under the direction of CITY's Engineer as shown on the Notice to Owner. OWNER shall have access to all phases of the work to be performed by CITY's contractor to ensure that the work is performed safely and accurately. CITY agrees to perform the herein-described work with its own forces or to cause the herein-described work to be performed by the CITY's contractor, employed by written contract on a continuing basis to perform work of this type, and to provide and furnish all necessary labor, materials, tools, and equipment required therefore, and to prosecute said work diligently to completion. IV. PAYMENT FOR WORK Owner Operates Under PUC or FCC Rules: "The OWNER shall pay its share of the actual cost of the herein described work within 90 days after receipt of CITY's itemized bill in quintuplicate, signed by a responsible official of CITY and prepared on CITY's letterhead, compiled on the basis of the actual cost and expense incurred and charged or allocated to said work in accordance with the uniform system of accounts prescribed for OWNER by the California Public Utilities Commission or Federal Communications Commission, whichever is applicable. It is understood and agreed that the CITY will not pay for any betterment or increase in capacity of OWNER's facilities in the new location and that OWNER shall give credit to the CITY for all accrued depreciation on the replaced facilities and for the salvage value of any material or parts salvaged and retained or sold by OWNER. UTILITY AGREEMENT No.1543.2.2 (Cont'd) Page 3 of 5 Not more frequently than once a month, but at least quarterly, CITY will prepare and submit progress bills for costs incurred not to exceed CITY'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 OWNER of documentation supporting the cost increase and after an Amendment to this Agreement has been executed by the parties to this Agreement. The CITY shall submit a final bill to the OWNER within 360 days after the completion of the work described in Section I. above. If the OWNER has not received a final bill within 360 days after notification of completion of CITY's work described in Section I. of this Agreement, and CITY has delivered to OWNER fully executed Director's Deeds, Consents to Common Use or Joint Use Agreements as required for OWNER's facilities, OWNER will provide written notification to CITY of its intent to close its file within 30 days and CITY hereby acknowledges, to the extent allowed by law, that all remaining costs will be deemed to have been abandoned. The final billing shall be in the form of an itemized statement of the total costs charged to the project, less the credits provided for in this Agreement, and less any amounts covered by progress billings. However, the OWNER shall not pay final bills which exceed the estimated cost of this Agreement without documentation of the reason for the increase of said cost from the CITY. If the final bill exceeds the CITY's estimated costs solely as the result of a revised Notice to Owner as provided for in Section I, a copy of said revised Notice to Owner shall suffice as documentation. In any event, if the final bill exceeds 125% of the estimated cost of this Agreement, an Amended Agreement shall be executed by the parties to this agreement prior to the payment of the CITY's final bill. Any and all increases in costs that are the direct result of material deviation from the work described in Section I of this Agreement shall have the prior concurrence of the OWNER. Detailed records from which the billing is compiled shall be retained by the CITY for a period of three years from the date of the final bill and will be available for audit by OWNER, State and/or Federal auditors. CITY agrees to comply with audit principles and standards as set forth in 48 CFR, Chapter 1, Part 31. UTILITY AGREEMENT No.1543.2.2 (Cont'd) Page 4 of 5 V. GENERAL CONDITIONS Neither OWNER nor any officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement. It is understood and agreed that, CITY or its contractor(s) shall fully defend, indemnify and save harmless the OWNER, all officers and employees from all claims, suits or actions of every name, kind and description brought for or on account of injury occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement. Neither CITY nor any officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by OWNER under or in connection with any work, authority or jurisdiction delegated to OWNER under this Agreement. It is understood and agreed that, OWNER shall defend, indemnify and save harmless CITY from all claims, suits or actions of every name, kind and description brought for or on account of injury occurring by reason of anything done or omitted to be done by OWNER under or in connection with any work, authority or jurisdiction delegated to OWNER under this Agreement. All costs accrued by OWNER as a result of CITY's request of June 4, 1998 to review, study and/or prepare plans and estimates for the work associated with this Agreement may be billed pursuant to the terms and conditions of this Agreement. The OWNER shall maintain records of the actual costs incurred and charged or allocated to the project in accordance with recognized accounting principles. If CITY's project, which precipitated this Agreement, is canceled or modified so as to eliminate the necessity of work by CITY's contractor, 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 the Agreement. CITY shall submit a Notice of Completion to the OWNER within 30 days of the completion of the work described herein. UTILITY AGREEMENT No.1543.2.2 (Cont'd) Page 5 of 5 THE ESTIMATED COST TO CITY FOR ITS SHARE OF THE ABOVE DESCRIBED WORK IS $10,312.50 CERTIFICATION OF FUNDS FUND TYPE I hereby certify upon my own personal knowledge that budgeted funds are City & SMCTA available for the period and purpose of the expenditure shown here. John Gibbs, Director of Public Works I Date 4-24-02 IN WITNESS WHEREOF, the above parties have executed this Agreement the day and year above written. City of South San Francisco Pacific Gas and Electric AMOUNT $10,312.5O By: By: Mike Wilson, City Manager APPROVAL RECOMMENDED: Date Carl Horikoshi, Date Land Services Supervisor By: By: Steve Mattas, City Attorney Date David Klm, Date Program Manager