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HomeMy WebLinkAboutPG&E - Christmas Hill Park/Ranch Site m Pacific Gas and Electric Company DISTRIBUTION SERVICE AND EXTENSION AGREEMENT t & DECLARATIONS DISTRIBUTION ~Applicant (original) D Division (original) D Cust. Acctg. D T&CS Submitted to Applicant by: DIANE SILVEIRA Date of Issuance: Apr 7, 2003 REFERENCES E-PM # G-PM # E-Ord G-Ord Sill Doc # MLX# 30309882 ~ CUST # 1~q~ 2- 3 1. CITY OF GILROY (Applicant), has requested PACIFIC GAS AND ELECTRIC COMPANY, a California corporation (PG&E), to provide for the installation of electric facilities and to deliver electric energy to the property situated at CHRISTMAS HILL PARK, MILLER AVENUE, CITY OF GILROY and described in Exhibit B - Location Map.These facilities shall be installed in accordance with the applicable rules on file with the California Public Utilities Commission accordance with requirements set forth in the Provisions attached and made part of this agreement. 2. Construction Options Applicant selects under the applicable Rules of 15 and 16 to have: o PG&E install electric and N/A PG&E's Rule 15 and 16, as applicable.* Applicant to perform trenching, conduit and substructure o A qualified Contractor install N/A and provisions of PG&E's Rule 15 and 16, as applicable.* o Other: Nt A o Other: Nt A facilities under provisions of installation. N/A facilities under * If Applicant agrees to have a qualified contractor install facilities, PG&E is not bound to perform the installation of said facilities. Attachments: (Mark each attachment needed) o Provisions 0 Gas Rule 15 o Exhibit A - Cost Summary 0 Electric Rule 15 o Exhibit B - Location Map 0 Gas Rule 16 o Gas Rule 2 0 Electric Rule 16 o Electric Rule 2 o PG&E's General Terms and Conditions for Gas and Electric Service by Applicant Applicant: Please initial here to confirm that you have received all of the Attachments: t(} /0 ,:eCONCILlATION /I L. J DATE ENTERED~J~. '~, .\TE COMPLETED ~_~_.. .. Form 62-0980 Tariffs and Compliance Advice No. 2316-G/2116-E Decision no. 96-06-079 Effective Date: July 9,2001 Refund/Discount Option Selection Applicant, in accordance with PG&E's extension rules, must select one of the following options. Please check the boxes for the option and commodities selected (gas and/or electric). Once the selection has been made, it cannot be changed. Please confirm that selection by initialing the adjacent line. o 10-year Refund Option o Gas o Electric Applicant's Initials - or- , / tl, Non-Refundable 50% Discount Option o Gas t Electric Applicant's Initials tv/! ACCEPTED: Applicant: CITY OF GILROY BY: (J//>i(JC(tl i.s~~~ISlgnature) ljJfC1U01~> Y<ECJtft1(eLf (Type or Print Na"]e) TITLE: {'{)Yl1mUA]jt1 wa:kf/ilMtf lYaf!h? MAILING ADDRESS: 7351 ROSANNA S REET GILROY, CA 95020 PACIFIC GAS AND ELECTRIC CO. BY: D~.aa~ (Authorized Signature) DENNIS OLIVIER (Type or Print Name) TITLE: SERVICE PLANNING SUPERVISOR DIVISION: SAN JOSE Execution Date: Aft2.Jl.. I'. 2~ , Form 62-0980 Tariffs and Compliance Advice No. 2316-G/2116-E Decision no. 96-06-079 Effective Date: July 9,2001 RECEIVED APR 2 3 2.003 ENGINEERING 'acific Gas and Electric Company )ISTRIBUTION SERVICE AND EXTENSION AGREEMENT :XHIBIT A - COST SUMMARY REFERENCES: E-PM # G-PM # E-Ord G-Ord 30309882 Applicant: CITY OF GILROY Project Location/Name: CHRISTMAS HILL PARK, MILLER AVENUE, CITY OF GILROY SUMMARY OF PAYMENTS The total cash payment you need to make depends upon your selection of the 10 Year Refundable Advance Option or the Non-Refundable Discount Option for your gas and/or electric extension under Rule 1 S. Since you may elect one option for the gas extension and a different option for the electric extension, several different cash payments are available. Each payment option is summarized below. These payments include all billing under this Agreement including payments subject to refund, and non-refundable payments. To determine what is refundable or non-refundable, or to see full detailed billing information, please see the attached cost summaries. Even if you have no payment due for your gas and/or electric extension (Rule 15), you must still elect the 1 0 Year Refundable or Non-Refundable Discount Option for each extension on the second page of the Declarations. 10 Year Refundable Advance Option - Gas & Electric (1) $ 18,092.42 (2) -- OR -- Non-Refundable Discount Option - Gas & Electric (1) $ 9,356.72 (3) -- OR -- 10 Year Refundable Advance Option - Gas I (1) Non-Refundable Discount Option - Electric $ 9,356.72 (2) -- OR -- 10 Year Refundable Advance Option - Electric I (1) Non-Refundable Discount Option - Gas $ 18,092.42 (2) (1) Amounts shown do not include reimbursements for facilities that are normally the responsibility of PG&E per our tariffs. See the Reimbursement Summary for a total of all Reimbursements to be paid upon acceptance of facilities. (2) The payment amount shown on this line includes both refundable payments under Rule 15 for the gas and/or electric extension, plus other non-refundable payments. The total payment is not subject to refund. Please see the attached detailed Cost Summaries to determine the portion of this payment that may be subject to refund. (3) The payment amount shown on this line includes only non-refundable payments under Rule 15 for the gas and/or electric extension, plus other non-refundable payments. None of the payment shown is subject to refund. RECEIVED APR 2 3 2003 Summary of Payments Page 1 of 1 ENGINEERING Pacific Gas and Electric Company DISTRIBUTION SERVICE AND EXTENSION AGREEMENT EXHIBIT A - COST SUMMARY OPTION 2 B - SHARED CONSTRUCTION REFERENCES: E-PM # 30309882 G-PM # E-Ord G-Ord Applicant: CITY OF GILROY Project Location/Name: CHRISTMAS HILL PARK, MILLER AVENUE, CITY OF GILROY ELECTRIC DISTRIBUTION AND SERVICE EXTENSION COST SUMMARY Cost of Ownership charges as described in the rules and in the Unsupported Extension Cost section of the Provisions of this Agreement: Apply Total number of residential lots/units for this project: Total number of non-residential lots/units for this project: o 1 Calculations to determine excess residential seNice allowance to be applied to distribution refundable amount on a per lot/unit basis: Estimated Cost of Services: Engineering & Administrative Costs Value of Applicant Design Work Service Tie-In Cost Electric Metering Service Installation Cost Other Charges: N/A Total Estimated Cost of Service Subject to Allowance $ (+) $ (+) $ (+) $. (+) $ (+) $ (=) $ Cost of Service Within Allowance: less Total Residential Service Allowance $ 1,313.00 x 0 = Excess Service Cost Estimated Service Cost Within Allowance (Total less Excess) Average Cost per Lot or Unit Within Allowance $ /0= (-) $ (=) $ (=) $ (1) $ Excess Service Allowance Applied to Distribution Refundable Amount per Lot or Unit: $ 1,313.00 - $ $ ** = Allowance Ave. Cost I Unit Allowances Residential: $ 1,313.00 X Allowance N/A LotslUnits = $ plus ITCC @ 27% Residential Allowances SUB TOTAL Residential Allowances RECEIVED APR 2 3 2003 Electric Distribution and Service Extension Cost sU'ENG1NE ER41 N G (+) $ (=) $ Non-Residential: N/A / 0.1596 Net Annual Revenue Cost-ot:Service- Factor = $ plus ITCC @ 27% Non-Residential Allowances (+) $ SUB TOTAL Non-Residential Allowances (=) $ less Residential Service Allowance: ( N/A x $ ) + 27% = (-) $ LotslUnits Ave. Cost I Unit ITCC 10 Year Refundable Advance Option Balance: Net Refundable Amount $ less Credit for Value of Applicant Design Work (-) $ less Non-Residential Service Tie-Ins by Applicant (if applicable) (-) $ less Distribution System & Non-Residential Services by Applicant (-) $ less Distribution Substructures by Applicant (-) $ Net 10 Year Refundable Advance Option Payment Non-Refundable Discount Option Balance: Net Refundable Amount less Discount: $ 17,471.39 x Total Distribution Extension Allowance Amount Subiect to Refund Unit Cost of Project (if applicable): Unit Cost Value of Transformers (not included in Unit Cost) Project Specific Costs: Engineering & Administrative Costs Value of Applicant Design Work Tie-In of Distribution Electric Metering (Non-residential Projects) Value of Distribution System & Non-Residential Servjces Other Charges: N/A Other Project Specific Costs Subject to Refund: Value of Distribution Substructures SUB TOTAL plus ITCC @ 27% Total Refundable Amount less Total Allowances (not to exceed Total Refundable Amount) Balance: Net Refundable Amount 50% Balance Discount Rate $ (+) $ (+) $ (+) $ (+) $ (+) $ (+) $ (+) $ (+) $ (=) $ (+) $ (=) $ (-) $ (=) $ = $ (-) $ less Credit for Value of Applicant Design Work (-) $ less Non-residential Service Tie-Ins by Applicant (if applicable) (-) $ less Distribution System & Non-Residential Services by Applicant (-) $ less Distribution Substructures by Applicant (-) $ Net Non-Refundable Discount Option Payment (=) $ 2,950.68 836.00 9,970.32 13,757.00 3,714.39 17,471.39 17,471.39 17,471.39 (=) $ 17,471.39 17,471.39 8,735.70 (=) $ 8,735.69 RECEIVED APR 2 3 2001 Electric Distribution and Service Extension Cost Summary Page 2 of 4' ENGINEERING Relocation / Rearrangement of PG&E Facilities Value of Relocation/Rearrangement Facilities $ Value of Relocation/Rearrangment Conduits & Substructures (+) $ Value of Relocation/Rearrangment Trench & Excavation (+) $ Engineering & Administrative Costs (+) $ Value of Relocation Applicant Design Work (+) $ Cost of Additional Applicant Design Plan Checks (+) $ Tie-In of Relocation/Rearrangement by PG&E (+) $ Relocation/Rearrangement Trench Permits Obtained by PG&E (+) $ Relocation/Rearrangement Land Rights (+) $ - APR 9 '.:l_?n.n Electric Distribution and Service extension (.;ost Suml"l?c:fl1'P~g~ 3'-GtI4 Non-Refundable Payments Rule 16 Non-Refundable Payments Excess Service Costs Service Costs Beyond Preferred Service Location Service Risers Value of Rule 16 Land Rights Costs Value of Service Trench, Conduits & Substructures in the Franchise Area or on 3rd Party Property Inspection Fees (subject to ITCC) Rule 16 Trench Permits Obtained by PG&E Other Charges: N/A Cost of Additional Rule 16 Applicant Design Plan Checks Sub Total plus ITCC @ 27% plus Non-Taxable Other Charges Inspection Fees (not.subject to ITCC) plus Service Trench, Conduits, & Substructures installed by PG&E on Private Property less Excess Service Facilities Installed by Applicant less Service Costs Beyond Preferred Location by Applicant less Service Riser Installed by Applicant less Service Trench, Conduits, & Substructures in the Franchise Area & 3rd Party Property installed by Applicant less Rule 16 Applicant Design Work Associated with Excess Total Rule 16 Non-Refundable Payment Rule 15 Non-Refundable Payments Inspection Fees Re-engineering / Composite Fees Cost of Additional Applicant Design Plan Checks Value of Distribution Conduits Distribution Risers Installed by PG&E Value of Distribution Trench PG&E Land Rights Costs Rule 15 Trench Permits Obtained by PG&E Other Charges: N/A Other: N/A Other: N/A SUB TOTAL plus ITCC @ 27% less Distribution Conduits Installed by Applicant less Distribution Trench Provided by Applicant Total Non-Refundable Electric Rule 15 Payment $ (+) $ (+) $ 404.00 (+) $ (+) $ (+) $ 85.00 (:i) (+) $ (+) $ (+) $ (=) $ 489.00 (+) $ 132.03 (+) $ (+) $ (:i) (+) $ (-) $ (-) $ (-) $ (-) $ (-) $ (=) $ 621.03 $ (3) (+) $ (+) $ (+) $ (+) $ (+) $ (+) $ (+) $ (+) $ (+) $ (+) $ (=) $ (+) $ (-) $ (-) $ (=) $ RECEIVED ENGINEERING Relocation/Rearrangment Inspection Fees SUB TOTAL plus ITCC @ 27% plus Relocation/Rearrangement - Non Taxable less Relocation/Rearrangement Facilities Installed by Applicant less Conduits & Substructures Installed by Applicant less Trench & Excavation Provided by Applicant less Value of Relocation Applicant Design Work less Relocation/Rearrangement Salvage Total Relocation/Rearrangement of PG&E Facilities Payment (+) $ (=) $ (+) $ (+) $ (-) $ (-) $ (-) $ (-) $ (-) $ (3) (=) $ Total Payment for Electric Distribution and Service Extension Cash Payment -10-Year Refundable Advance Option Rule 15 Refundable Advance Payment Rule 16 Non-Refundable Payment Rule 15 Non-Refundable Payment Relocation/Rearrangement of PG&E Facilities Payment Total -- OR -- Cash Payment - Non-Refundable Discount Option Rule 15 Non-Refundable Discount Option Payment Rule 16 Non-Refundable Payment (Not Subject to Discount) Rule 15 Non-Refundable Payment (Not Subject to Discount) Relocation/Rearrangement of PG&E Facilities Payment Total $ 17,471.39 (4) (+) $ 621.03 (+) $ (+) $ (=) $ 18,092.42 $ 8,735.69 (4) (+) $ 621.03 (+) $ (+) $ (=) $ 9,356.72 Value of Electric Facility Reinforcements by PG&E: N/A based upon Applicant's estimated demand of: N/A kVa (Reference: Payment Adjustments. Excess Facilities section of the Provisions) \ ' I Total Service Allowance not to exceed the Cost of Service (2) 10 Year Refundable and Discount Option credit amounts will be paid upon acceptance of facilities. Credit amounts are subject to future deficiency billing in accordance with the tariff. (3) Inspection fees will be reconciled with actual expenditures at the completion of the project with any difference being refunded or billed as appropriate. (4) 10 Year Refundable and Discount Option credit amounts do not offset Other Non-Refundable or Relocation Fees. See Reimbursement Summary for a total of Reimbursements and Credits to be paid upon acceptance of facilities. "" MLX USE ONLY Excess service allowance applied to distribution refundable amount per lot/unit: $ + $ = $ Refund Per Residential Lot/Unit 27% ITCC Allowance RECEIVED APR 2 3 2003 Electric Distribution and Service Extension Cost su~'Gl~~ N G m Pacific Gas and Electric Company DISTRIBUTION SERVICE AND EXTENSION AGREEMENT EXHIBIT A - COST SUMMARY REFERENCES: E-PM # G-PM # E-Ord G-Ord 30309882 Applicant: CITY OF GILROY Project Location/Name: CHRISTMAS HILL PARK, MILLER AVENUE, CITY OF GILROY REIMBURSEMENT SUMMARY Reimbursements are provided for facilities that are installed by the Applicant which are normally the responsibility of PG&E per our tariffs. Reimbursements will be made after the facilities are accepted by PG&E, operational and ready to supply service. Reimburseable payments made for services will be reimbursed at the average rate shown as each service is connected. All reimbursements will be based upon PG&E's estimated costs. Electric Rule 15 10 Year Refundable Advance Credit Amount wi Non-Refundable Discount Credit Amount $ (1 ) - or - $ (1 ) (+) $ (+) $ (=) $ - or - (=) $ Non-Refundable Discount Option Credit Amount Joint Pole Credits PG&E Betterments SUB TOTAL w/10 Year Refundable Advance Credit Amount Electric Rule 16 Joint Pole Credits Applicant Design Work within the Allowance SUB TOTAL $ $ (=) $ $ Iservice (2) - or - $ Iservice (2) Reimbursement per Service Completion - Electric Installed by PG&E - Energized System Non-energized System Electric Rule 208 Joint Pole Credits Rule 20B Payment Credit SUB TOTAL $ (+) $ (=) $ Electric Rule 20C Joint Pole Credits Rule 20C Payment Credit SUB TOTAL (+) $ (+) $ (=) $ RECEIVED Reimbursement Su~~ ~a8e ~~ ENGINEERING Streetlights LS-1 Standard Luminaires Standard Poles & Arms Protective Tubes Internal Wiring Overhead Conductor Underground Conductor Connections $ (+) $ (+) $ (+) $ (+) $ (+) $ (+) $ LS-2 Connections SUB TOTAL (+) $ (=) $ Gas Rule 15 10 Year Refundable Advance Credit Amount w/ Non-Refundable Discount Credit Amount $ (1) - or - $ (1) (+) $ (=) $ - or - (=) $ Non-Refundable Discount Option Credit Amount PG&E Betterments SUB TOTAL w/ 10 Year Refundable Advance Credit Amount Gas Rule 16 Stubs Services Applicant Design Work within the Allowance SUB TOTAL $ $ (=) $ $ /service (2) - or - $ /service (2) Reimbursement per Service Completion - Gas No Option Selected - Pressurized System Non-pressurized System Total Reimbursement 10 Year Refundable Advance Option - Gas & Electric $ (3) OR -- Non-Refundable Discount Option - Gas & Electric $ (3) OR -- 10 Year Refundable Advance Option - Gas / Non-Refundable Discount Option - Electric -- OR -- 10 Year Refundable Advance Option - Electric / Non-Refundable Discount Option - Gas $ (3) $ (3) (1) 10 Year Refundable and Discount Option credit amounts will be paid upon acceptance of facilities. Credit amounts are subject to future deficiency billing in accordance with the tariff. (2) This Reimbursement will be paid on a per service basis as each service is completed. (3) Excludes service completion reimbursements made under Rule 16. Service completion reimbursements will be made as each service is connected, on a per service basis. RECE IVED . APR 2 3 ?nn3 Reimbursement Summary'Page 2of2 ENGINEERING I PacIfic Gas IIId E1IdriC Company DISTRIBUTION AND SERVICE EXI'ENSION AGREEMENT OPTION 2 . CQllPETmVE BIDDING PROVISIONS 1. As indicated in the Oedarations. Applicant haS eteeted to have competitive bidding and has lIWIII'ded a qualified Contractor or PG&E the responsibility of installing gas and etactric; serviCe. as applicabte. to the locatiOnS deSCribed in Exhibit B. TheSe aerviCeS shllll be inst8It'ld in ac:cordIInC8 witt:' the provisions of PG&E's Rules 2.15 and 16. General Terms and COnditions. projeCt specific termS and conditions. design. spec:ific8tiOnS. and the requinIr11ents of this AgrMrMnt. 2. ConstrUction ResponsibilItIeS at Applicant. Applic8nt shall pertarm or a1.allge for the pertormance'of the foIkJwing work required for this projeet Elec:trlc ettensions: . Route dearing. tree trimming. trenching. excavating. b8CkfiIIing. and compacting; . Furnishing of imported baCkfill material.as required and disposal of trenCh spoil as required; . Performing necessary surface repair and bOring as required; . . Fumishing. installing. and transferring ownership to PG&E of any sutJstrUCtUI'8S. condUits. and protective structures required other than the condUit portion of C8~I. in-cOndult (Rule 15 anty); . Obtaining any necessary construction perm~ for all work performed by .Applicant. under this Agreement. Electric Underground ettensions: . Installing primary and secondary distribution conductors. poles. pole risers. switcheS. transformers. and other distribution facilities required to complete the extenSiOn. Electric Overhead Extensions: . Installing all facilities required for the pole line extension. induding poles. conductors. transformers. switChes. and other devices as might be required. Gas Extensions: . Installing gas distribUtion main pipe. valYes. and other reI8ted distribution equipment.. as specified by PG&E. required to complete the extension inCluding all necessary trenChing. b8CkfiIIinQ. and other digging as required. . Furnishing. installing and upon acceptance by PG&E. conveying to PG&E the ownership of all necessary installed substructures and protective structures necessary to contain or support PG&E's gas facilities. . Applicant agrees to secure and pay for all requIred permits and licenses which may be required to fulfill the construction responsibilities from the govemmental authority having jurisdiction. If Applicant elects to have PG&E perform this work. Applicant shall pay to PG&E. as specified herein and before the start of construction. PG&E's estimated-installed costs thereOf. Applicant shall also pay to PG&E the costs for substructures and conduitS which PG&E had previouSty Installed at Its own expense In antiCipatIon of the current extension. Any necessary riser conduit. Fonn62.Q8B2 RECEIVED T.ntts _ ComI*Ia AdVIC8 2OI1-G11Tas.E A P R 2 3 2003 [)ecIIiDnS 97-12.o11.1I'7-12.cJ19 EfledlVeDate:July1.1188ENG1NEERING conduit covering, and miscellaneOUS riser material required for the line extension shall be paid for by Applicant and shall be installed by PG&E on PG&E owned and maintained facilities. Upon completion of construction by Applicant and inspection 8f1d acceptance by PG~E. dUe a~ ownership for the gas and etectric facilities installed under this Agreement shall vest m PG&E In accordance with the Acceptance and Conveyance section of this Agreement and as specified in the respective rule. 3. Construction Responsibilities of PG&E. Except as otherwise provided in the rules, PG&E shall be responsible for: - . . Providing inspedion service to verify Applicanfs performance under this Agr8ement. as determined by PG&E; and . Connecting the applicant-installed facilities to PG&E's en6Cgized IInd pressurized supply SystIIm (system tie-in work), as applicable. PG&E will perform its construction responsiblities for the inst8IIation of only those facilities that. in PG&E's judgment, will be used within a reasonable time to serve perm8fMlI'1t loadS. 4. Power Quality and Voltage Stability. Under normal load conditions, PG&E will deliver sustained voltage 81 cIa8e to the nomin8I service voltages that are economically practical. Any deviations from the norma. voltage levels wil be no greater than the service voltage ranges specified in PG&E's Electric Rule 2. ExceptioIIS to valtage limits are specified in PG&E's Electric Rule 2. Applicant is responsible for planning, ~, operating and protecting equipment beyond PG&E's delivery point. 5. Rule 16 Service Extensions. Service Extensions will be installed in accordance with PG&E's G8s and Electric Rule 16. Applicant shall be responsible for all service trenching. 6. Street lighting Facilities. If any street lighting facilities are to be installed, the installation shall be made in accordance with PG&E's applicable street and highway lighting schedule(s). 7. Overhead to Underground Conversions. In the event there is replacement of existing ovemead electric facilities with underground facilities in conjunction with this project. the conversion shall be made in accordance with the applicable provisions of PG&E's Electric Rule 20. '. In the event that there is an Electric Rule 20.8 or 20.C conversion in conjunction With this proJect. Applicant. shall, at its expense, provide any necessary changes to the existing facilities so as to receive underground electric service at the points specified by PG&E. Underground electric service will not be energized until all affected premises are equipped to receive service in accordance with specifications and inspection has been received from the governing jurisdiction. Applicant shall not work on facilities owned by PG&E. 8. Allowances and Payments. Applicant shall pay to PG&E on demand and in advance of any construction, a refundable payment. shown in Exhibit A. less any allowances shown therein, for any PG&E costs associated with the extension for the estimated costs of design. administration and the installation of any additional facilities necessary to complete the extensIon. induding. but not limited to: . englneenng and admmlStrative costs. . system tte-in work, . any applicable taxes. Form 62-0982 TMfIs 8nd CompUnce Adva 2081-G11765-E 0easIans 97-12-098.97-12.099 Effedrve Date: July 1, 1998 NON-REFUNDABLE: A non-retundable payment. shown in Exhibit A. tar the inspeCtions by PG&E of DistributiOn system work performed by Applicant or Applic8nfs contraetor. subject to adjustment based upon actu8I time spent by PG&E. as well as other non-retundable costs whiCh may indude. but are not limited to: . re-engineering fees. .. preparation feeS for trench composite draWings. . survey and land rights acquisition costs. . any applicable taXes. ALLOWANCES: AJk)W8nC8S for permanent residential and nan-residentiiI serviCe. ere provided in accordance with Gas and ElectriC Rule 15 and .. included in Exhibit A. .. eppIicPW'. ITCC: All contribUtionS and 8dv8nceS by AppIic8nt .. ~ end shIIIl inClude an Income Tax Component of ContributionS (rrCC) at the rate provided In PG&E's Preliminary SI8t8m8l1l ITCC will be either refundable or non-re{undabIe In ~ with the ~ c:ontrtbUtiOn. GROUP OF APPUCANTS. The total contribUtiOn or adv8nce from a group of eppIicIIntB wBI be apportiOned among the memberS of the group in such manner as they mutuIIIty agree. 9. Amount Subject to Refund. . The total refundable amount set forth in Exhibit A - Cost SUmmary shall be subject to refund. withoUt interest. on the baSis of a new custamer's permanent load canned8d to the tine extension that produces additional revenue to PG&E in acc:ord8nC8 with the fottowing provisionS: Refunds will be made within ninety (90) dayS after the date Applicant becOm8& eligible for a refund except that refunds may be accumulated to a 5SO minimum. or the total refundable balanCe rtJI1'8inIng is less than $50. Residential: The refund wUl be deducted from the total refundable amount. The remaining amount subject to refund represents that portion of the extension cost not supported by revenues. Non-residential: PG&E shall review Applicant's actual base annual revenue each year for the first three years from the date PG&E is first ready to provide service. Applicant shall be responsible for notifying PG&E if new. pennanent load is added the fourth through tenth year from the date PG&E is first ready to provide service. Such review shall determine if additional revenue supports any refunds . to Applicant. . . Refund Period: The total refundable amount is subject to refund for a period of ten (10) years after PG&E is first ready to provide service. No refund shall be made in excess of the refundable amount nor after a period of (10) years after the date PG&E is first ready to provide service. Any unrefunded amount remaining at the end of the ten-year period shall becOme the property of PG&E. Refunds in Series: When there is a series of extensions. beginning with an extension having an outstanding amount subjeCt to refund. and each extension is dependent on the previous extension as a direct source of supply. a serieS of refunds will be made as follOWS: 1. Additional service connections supplied from an extension on which there is a refundable amount will provide refunds first to the extensions to which they are connected: and. . 2. When the amount subject to refund on an extension in a serieS is fully refunded. the excess refundable amount will provide refundS to the extension having the oldest outst8nding~ru.. subject to refund in the series. K t:. \j t:.1 V E 0 Farm 62-0112 Tattlls8llClCampUnce APR 2 3 2003 AdVlCI8 2081-G117I5-E ~.. 97-12-0111.17.1~GI N EERI N G EfIecIIve Date; July 1. 1.1'" Gas-only Trenching: If Applicant chooses to perform trenching for PG&E's gas facilities. and qualifies for a gas extension'a1low8nce. PG&E will provide Applicant with a reimbursement or credit for PG&E's project-specific estimated cost.per-foot of gas trench upon completion and acceptance by PG&E. oursmnding Payments: Applk:ant or subsequent assigneeS of this Agreement shall not be eligible for refunds if there are any outstanding payments due PG&E. 10. unsupported Ext8nsion Cost. . When any portion of the refundable amount haS not qualified for a refund at the end of twelve (12) months for eleCtriC serviCe or thirty-Six (36) monthS for gas service from the date PG&E is first ready to provide service. Applicant will pay to PG&E a cost-of..owrW8hip ct8V8 on the remaining refundable balance. Monthly ownership ch8rQ8S are in 8ddttiGn to the nIfund8bIe amount. and wUl normally be accumulated and deducted from refundS due to Applic8nt. Payment of such cost-of-ownershiP ch8I'geS will normaIty be made by deductior1 from the peyrr... to be refunded as described in the Amount SUbjeCt to Refund sectiOn of this Agreement. but such deduction will not there8fter reduce the amount on which the cost-of-ownershiP chargeS are determined. If the amount remaining in the original refundIIble payment is insUfIicient to offset the cost-of-ownership charge within the 1G-year refund period (desCribed in the Amount Subject to Refund section of this Agreement) PG&E shall h8Ve the right to s.paaatety bII AppIic8nt for this deficiene:I for the remaining duration of the 1G-year refund period. However. the amount subject to cost-of- ownership charges will continue to be reduced' by additional connected loads as defined-in the Amount Subject to Refund sectiOn of this Agreement. Such ownership c:hIIrge& shall inlti8lly be determined from the applicable percentage rate established in the Special FacilitieS eedion(s) of PG&E's Gas or Electric Rule 2. . The monthly cost-of-ownership charges herein shall automatiCBlly inc:re8Se or deCre8H withoUt formal amendment to this Agreement if the commisSion should subseqUently authoriZe a higher or lower percentage rate for the monthly cost-of-ownership. effective on the date of such authUljzation. This provision does not apply to individual residential applicants. 11. Payment Adjustments.' Contr.act Compliance. If after six (6) months following the date PG&E is first ready to serve residential loads for which allowances were granted. one (1) year for non-residenti81 loads. Applicant fails to take service. or fails to use the service contracted for. Applicant shall pay to PG&E an additional contribution. Excess Facilities: If the loads provided by Applicant(s) results in Applicant. the approved contractor or PG&E having installed facilities which are in excess of those needed to serve the actual aoads. PG&E may elect to do the following: (1) Applicant shall pay PG&E its estimated cost to remove. abandon. alter. or replace the excess facilities. induding thOSe facilities that PG&E tVIforced. enlarged. or replaced in anticipation of Applicant's proposed load. less the estimated salvage for any removed facilities. or (2) Applicant shall pay PG&E any Special Facilities charges in accordanCe with PG&E's Rule 2 for thOSe facilities. induding those facilities that PG&E raitdorced. entargecI. or replaced in anticipation of Applicant's proposed load. which are in excess of those facilities needed to serve Applicant's actual load. The total cost of the facilities PG&E reinforced. enlarged. or replaced are shown In Exhibit A. Form 62.cK182 T8ntIs 8nd CampIianCe AdVICe 2D81oG11765-E o.a.iDnS 97-12.o91S.9'7-12.0B9 EtIedIWI Date: July 1. 1918 Deficiency Charges for Non-hyment: Applicant shall pay PG&E for any administrative and processing charges associated with coIIeeting any payment adjustments related to this Agreement. 12. NoneRefundabla Amount. Discount Option: Competitive Bidding . Installation by Applicant. In lieu of receiving refunds for the total refundable amount deSCribed in the AmoUnt Subject to Refund sectiOn, Applicant may etect the Discount Option. Upon completion. --4)tanee and conveyBnC8 of the gas and "e~ facilities to PG&E, in accordance with the provisionS of this Agreement. AWJicant may eleCt to receive a lump sum payment of fifty percent (50%) of the refundable amount.. shoWn in exhibit A - Cost Summary. Discount Option: Competitive Slddlni . ,,,.,.,.. by PG&E an lieu of contributing the tDt8I refundable amount deSCribed. in the Amount Subject to Refund Mdion, AppIic8nt hIlS the option Of contributing, on a non-refund8bIe basis, ftfty percent (50%) of the re(undab6e 8II1OUftt as shown in 8mmItA-C~tSU~. . Excess ServIce. PG&E's..din18l8d iI....ed costs tar SeMca e...... in ~{II' of the 1IIIaw8nCe, not subject to disCOunt.. as defined in PG&E's Gas and ElecIric R&ie 16 .. IhoWn in Exhibit A - Cost summary are non-refundabte. Other Non-refundable Amounts. Applicllnt shIIll pay to PG&E .. a non-refund8bIe payment. shoWn in 8mibit A. for the inspediOilS by PG&E of DistributiOn System work ~ by Applicant or Applicant's contraCtOr, subject to adjustment b8I8d upon 8CIU8l time spent by PG&E. .. well .. other non-refundable COS1S which may include, but are not limited to: . re-englneering fees. . preparation fees for trenCh composite dnlWings, . survey and land rights acquisition costs, . any applicable taxes. 13. Non-5tandan:t Equipment Installation and Removal. When the situation requires the location, installation, maintenance, repair and replacement of specialized or non-standard utillty-owned equipment (Equipment) necessary to provide utIity service or perfonn utility work, Applicant agrees to pay the costs to install PG&E's equipment. Applic8nt further agrees that. should the EquiP.ment need to be reptaced for any reason, It shall be Applicanfs responsibility to make arrangements and to pay the cost to have the equipment removed and replacement equipment installed. PG&E shall be responsible for furnishing' and delivering any replacement to the site. PG&E hereby agrees to the Equipment location on the following terms Ind conditions: . . Applicant shall furnish. install, own and maintain the Equipment area within or upon his building at his sole cost. The constructiOn of the area shall comply with all applicable building code requirements. The site. access, location. and arrangement of the facilities shall be SlIb;ect to PG&E's prior written approval. and any changes or additions thereto shall be made only after PG&E's prior written approval. Except for required area maintenance by Applicant. under PG&E's supervision, Applicant shall not have access to the Equipment area. . Applicant shall make proper arrangements and pay all the costs aslC)l'!iA\ed with the initial and all subsequent installations and removats of PG&E's Equipment into the Equipment area. . Applicant shall furnish, install, own and maintain all primary and secondary conduitS within the property line at his sole cost. The plans for the inStallation of the secondary seMce facilities termination details, and other assOClBted facilitl8s installed by Applicant for PG&E use shall be SUbJect to PG&E's prior written approval and shall comply with all applicabte code requirements. Form 62..cJ112 R E eEl V ED T8Itb.-l C4llI.,,1CI AdVICi2081-G11715-E APR 2 3 2003 0ealIIanS 97-12.o18.97-124M1 EIlediVeD8le:JuIy 1, '~NGINEERING . Applicant accepts responsibility far any service interruption that may result from PG&E not having clear access to the EQuipment area. 14. General Acce.s. Where it is necessary for PG&E to install facilities on AppIicanfs premises, Applicant hereby grants to PG&E: (a) the right to install, own and maintain such fBCiIities on AppIiGllnfs premises together with sufficient legal dearanee between all structures now or hereafter ered8d on Applicanfs premises: (b) the right to enter and leave Applicanfs premises for any purpose c:onneded with the furnishing of gas and eHK:tric service (meter reading, inspection. testing, routine repairs, maintenance. replacement, emergency work. etc.) and the exercise of any and all rights MCUAId to it by law, or under PG&E's tariff schedules. 15. Land Rights. Where formal rights-of-way, easements, land leases, or pennits are required by PG&E for the install8tion of the facilities on or over Applicant's property, or the property of others, Applicant understands and agrees that PG&E shall not be obligated to inst8II the Facilities or 8CC8Pt the f8ciIiti-. installed by Applicant or the approved contractor unless and until any necesary permanent rights-of- way, easements, land leases, or permits, satisfactory to PG&E, are granted to or obtained for PG&E without cost to or condemnation by PG&E; however, If PG&E is un8bIe to.obtain such tand rights. Applicant shall obtain them. Such easement shall include the right of access and right to trim trees 85 necessary to maintain required legal dearances from overhead wires. 16. Acceptance and Conveyance. In accordance with the PG&E's General Terms and Conditions attach8d, and upon (a) PG&E's receipt of any required formal rights-of-way, easements, leases. and permits, and (b) PG&E's preauriZatian and energiZation of facilities installecl by Applicant. Applicant hereby grants and COI'1'JeyS to PG&E. its successors and assigns. all rights. title and interest in and to all such work and facilities, free and dear of all liens and encumbrances. 17. Safety Precautions. . Applicant shall ascertain the location of all existing gas and etectric facilities of PG&E within the scope of Applicant's construction area and inspect the area inlti8lJy and periodically during canstruction to verify the location of all existing and new PG&E facilities. Applicant and PG&E shall perform all work In compliance with applicable federal. state, and local laws, rules and regul8tions. Applicant IhaII .nform all persons doing work mproximity of the location of PG&E's facilities and ensure that 811 work of non-P.G&E employees is planned and conducted in a manner to safeguard persons and property from Injury. Work performed in dose proximity to PG&E's energized electric facilities and pressurized gas facilities also shall be performed in accordance with established Cal-OSHA safety rules and practices, and as may be directed by PG&E. Only personnel duly authoriZed by PG&E are allowed to connect or disconnect conductors from PG&E-owned Service Facilities. or perform any work upon PG&E-owned existing facilities. 18. Delays in Construction. · Force Majeure. PG&E shall not be responsible far any delay in either the performance of Applicant's responsibilities under this Agreement. or the instal1ation or completion of the facilities by PG&E resulting from shortage of labor or materi8ls. strike. labor disturbance, war, riot, weather conditions. governmental rule. regulation or order. including orders or judgments of any court or commission. delay in obtaining necessary land rights. act of God. or any other cause or condition beyond the control of PG&E. Fann 62.Q982 Tariffs Md CornpUnce AdvIce 2081-G117&5-E 0easIana 97-12-098.97-120099 Eff8cIIve Date: JUly 1. 1998 .' Resources. PG&E shall h8Veth8 right. in the event it is unable to obtain sufficient supplieS. materialS, or labOr for ell of its c:onstnJdion requirementS. to aIIoC8te rMteI i8Is and labOr to construction projeCtS which it deemS. in its sole diIenttiOn. most impOI18I1t to serve the needS of its customers. Any delay in construCtiOn hereUfI(ter resulting from such 8110cati0n shall be deemed to be cause beyond PG&E's control. Inflation. In the event that PG&E is prevented from "",.dTI8f1CinQ the ~Iian of the facilitieS for reasons beyond its reasonable contrOl within twelve monthS folloWing the etfediY8 date of this Agreement. PG&E shall have the right to reviSe the cost figures to renect any incr88Ses in costs since the original costs were det8l"mined. PG&E shall notify AppI~t of such jnCI'88II8d costs and give the option to either terminate this Agre8ITI8I't or ~ PG&E the addItiOn8l chargeS. . 19. Change Orde,. and R.locatIons. All standard design or c:c.nstnICtiOn changes made in the field. Which impaCt the chargeS to AppIicIInt. will be made using PG&E's AgnIenWIt CtwIge Order. These field ch8ngeS, inclUding ",1for.1erl field conditions which may result In IIdc:Iltion8I wont or costs by AppIicIInt. the approved \NI.b6dDI or. PG&E. may require sketCh revisionS of Exhibit B. UnforeSeen field c::allditious inclUde. but .. not limited to. contaminated sail, abStr\1CtiOnS. and weather canditianS. The proper executian 8nd attachment of the Agreement Change Order. and any necHlB')' changeS to supersede ExhIbit A resulting from the change order. constitUteS form8I amenc:ment to this Agreem8I1t. Applicant shall pay PG&E for any such changes in accardance with the appropri8t8 tBriff. . . ". EXCEPTION: If the requested changes are in addition to or substitUtiOn for the stBndard Facilities that PG&E would normally install. then a Special Facilities Agr8en'I8ftt shall be required under. the provisions of Section I of Rule 2. 20. Termination of Ag....m.nt. In the event Applicant has not fulfilled its obligationS under this Agr88I'n8f1t within twelve (12) months follOWIng the date of this Agreement. and PG&E is unable to proceed heramder. PG&E shall h8Ve the right to terminate andJor supersede this Agreenient upon thirty (30) days' written notice to Applicant. Upon such notice PG&E will calculate any refundable or additional non-refundable amounts that may be due based on that portion of the distribution system then completed, utiliZing the estim8t8d costs developed by PG&E for this Agreement. ' The superseding Agreement. if any. shall be in the same form as this Agreement. shall be executBd by the parties hereto and shall provide that costs be allocated to the partiorI of the DistribUtion System then completed. if any. consistent with those costs estimated by PG&E for this Agreement. If this Agreement is terminated as set forth above, AppliCBDt further agrees to forfeit that portion of the advance paid to PG&E for its expenses covering any engineering, SUfV8Ying. right-of-way. removal. aCQuisition and other associated work incurred by PG&E. If such exper;ses are greater or lesS th8n the refundable and/or non-refundBble payments. Applicant shall pay to PG&E.. or PG&E shall refund the balance without interest. to Applicant. as the case may be. 21. Indemnification and Withholding. INDEMNIFICATION: Applicant shall indemnify, defend and hold harmleSS PG&E. Its officerS, directors. agents. and employees. from and against all daims. ctemandS. loues. d8m8geS.' c::asts, expenses. and legal liability connected with or resulting from injury to or death of persons. inclUding but not limited to employees of PG&E. Applicant, contraCtOr or subc::antrllCtDr: injury to property of PG&E. Applicant, or any third party. or to natural resources. or violation of any 1aeaI, state or federal law or regulation. Including but not limIted to envIrOnmental laws or regulationS. or striCt liability Imposed by aAY law or regulatIon: ansmg out of. related to. or in anY=62~ with Ap~IVED T..... 8ftd Cuo...... AdV1C112081oG/1785-e APR 2 3 2003 DaaIIOM 87-12.oee.87-12'- EtIeCIIve Dale: - 1. '~N GIN E ER IN G performance of this Agreement. however caused, reg8rdl~ of any strict liability or negligence of PG&E. whether active or passive, excepting only such clams. demandS. losses. damages. costs. expenses. liability or violation of law or regulation as may be caused by the active negligence or willful misconduct of PG&E. its officers. agents, or employees. Applicant acknowtedges that any claims. der1'18ndS. losses. damages, costs. expenses. and legal liability that ariSe out of. result from. or are. in any way connected with the rele." or spill of any legally designated haZSl'dous material or waste as a result of the Work performed under this Agreement are expressly within the scope of this indemnity, and that the costs, expenses. and legal liability for enVIronmental investigations. monilorirlg. containment. abat8m8nt. . removal, repair. .cleanup. restoration. remedial Work. penalties. and fineS arising from the violation of any aocaJ. state. or feGer81 law or regulation, attomey's fees. disbursements. and other response costs are eJCPreS8ty within the scope of this indemnity. Applicant shall, on PG&E's request, defend any action. claim or. suit asserting a claim covered by this indemnity. Applicant shall pay all costs that may be incurred by'PG&E in ...f",cdkg this indemnity. induding reasonable attorney's fees. WITHHOLDING: In addition to any other light to withhold. PG&E may withhold from payments due Applicant hereunder such amounts 85. in PG&E's opinion. ere reasonably necnsary to provide security against all loss, damage. expense. and liabDIty covered by the foregOing indemnification provision. 22. Assignment of Contract. Applicant may assIgn this Agreement. in whole or in part. only if PG&E consents in writing and the party to whom the Agreement is assigned (Assignee) agrees in writing, to perform the obIiJ9ationS of Applicant hereunder. Such assignment shall be made using PG&E's Assignment Agreement and shall be notanzed. Assignment of this Agreement shall not releaSe Applicant from any of the obligations under this Agreement unleSS otherwise provided therein. shall be deemed to indude Applicant's nght to any refunds then unpaid or which may thereafter become payable. 23. Joint and Several Liability. Where two or more Individuals or entities are joint applicants under this Agreement. PG&E shall direct all communications. charges and refunds to Applicant designated below, but all applicants shall be JOIntly and severally liable to comply with all terms and conditions herein. 24. Warranty. As specified In PG&E's General Terms and Conditions. Applicant shall warrant that all materials and workmanship performed or otherwise provided by Applicant Shall be free of all defects and fit for its intended purposes. The warranty begins with the date the facilities are energized or pressurized by PG&E and extends past the date of final acceptance of the Distribution System by PG&E for (a) one year covenng eQuIpment fumished and installed by Applicant or the approved contractor. and (b) two years plus. covenng the trenching and backfilling. In the event Applicant's work or materials provided under thIS Agreement fails to conform to the warranty or are damaged as a result of any actions by a thIrd party, Applicant shall reimburse PG&E its costs for the total cost of repair and/or replacement as deemed necessary by PG&E. Such reImbursements shall be non-refundable. 25. Effective Date and Term. This Agreement shall be binding when (a) the Agreement is signed by Applicant and delivered together with payment reQUired to PG&E within nInety (90) days of issuance. and (b) the Agreement is accepted and executed by PG&E. If Applicant is a corporation. partnershIP, JOInt venture or a group of Form 62.Q982 Tarttts 8I'Id Comt:*8nce AdVICe 2OS1-G117e5-E 0eaII0I1S 97-12-088.97- 12.Q99 EItedIve Data: July 1. 1998 individuals. the subscriber hereto represents that he or she haS the authority to bind said corporation, partners. joint venture or individuals as the case may be. The tenn of this Agreement shall commence on the date PG&E's facilities are first ready to supply and serve. as shown in PG&E's records. and shall then continue in force for a period of ten years. subject to the tennination provision of this Agreement 26. Commission Jurisdiction. This Agreement shall be subject to all of PG&E's applicable tariff schedules on file with and authoriZed by the Commission and shall at all timeS be subject to such changes or modifications. as the CommisSion may dired from time to time in the exercise of its jurisdiction. These mey indude. but are not limited to changes or modifications to Monthly Cost-of-ownership ChargeS (higher or loWer percentage rates). extension rules. rate schedules. allowances and refund amounts. Form62-09B2 RECEIVED Tarttts and ComPlIance Advlce2081-G11765-E APR 2 3 Z003 Oec:isions 97 -12.Q98.97 -12-089 Eftec:tive Date; July 1. 1Sf!N GIN E E R IN G (!) 0 ("\"') z - w = 0::: = > "'-I W - n UJ W ~ Z () '-:k:: - W ::L C.9 0::: <t Z W