HomeMy WebLinkAboutPG&E - Sunrise Fire Station
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Division
~
. r perations
Plant Accounting
Customer Accounting
Reference: 30294287
Rep Diane Silveira
PACIFIC GAS AND ELECTRIC COMPANY
AGREEMENT FOR INSTALLATION OR ALLOCATION OF
SPECIAL FACILITIES
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At the request of CITY OF GILROY. A Government Aaencv (Applicant), PACIFIC GAS AND ELECTRIC COMPANY (PGandE)
hereby agrees, as an accommodation, to install at the Applicant's expense within a reasonable time, or allocate for Applicant's use at 880
Sunrise Drive. City of Gilrov, State of California, certain facilities consisting of second electric service (Special Facilities), at an
estimated total additional installed cost of $1.141.45 over and above the cost of standard facilities which PGandE would normally provide
or allocate for regular service in accordance with its tariffs on file with and authorized by the California Public Utilities Commission
(Commission), subject to the following terms and conditions:
1. Applicant shall pay to PGandE, on demand and in advance of construction by PGandE, the initial sum of:
(a) $4.581.91* (Advance) which consists of a credit of $2,614.22 for that portion of the facilities provided by and conveyed to
PGandE by the Applicant, and Applicant's payment of $1.967.69 representing PGandE's additional costs for Special Facilities; plus,
(b) $0.00* (Rearrangement) a nonrefundable amount representing PGandE's cost of rearranging existing facilities to
accommodate the installation of the Special Facilities.
2. Applicant shall also pay to PGandE, in addition to the monthly rates and charges for service, at the option of PGandE, either:
(a) A monthly charge for the Special Facilities of $N/A (Cost of Ownership Charge) representing the continuing ownership costs
of the Special Facilities (N/A% per month) as determined in accordance with the applicable percentage rate established in the Special
Facilities section of PGandE's applicable Gas or Electric Rule No.2, copy attached; or,
(b) $2.272.15 (Equivalent One-Time Payment) which is the present worth of the monthly ownership costs (0.46%) for the
Special Facilities in perpetuity. Refunds and adjustments, if any, of the Advance and Equivalent One-Time Payment will be made in
accordance with paragraph 13. Interest at the rate of 10.96% annually will be added to the unamortized balance of the Equivalent One-
Time Payment on each anniversary of the date the Special Facilities are first made available, as such date is established in PGandE's
records, before the current year's Cost of Ownership Charges are deducted.
The monthly Cost of Ownership Charge shall commence on the date the Special Facilities are first available for Applicant's use,
as such date is established in PGandE's records. PGandE will notify Applicant, in writing, of such commencement date.
3. The annual ownership cost used to determine the Equivalent One-Time Payment or used to determine the monthly charges in
paragraph 2 above shall automatically increase or decrease without formal amendment to this agreement if the Commission should
subsequently authorize a higher or lower percentage rate for monthly costs of ownership for Special Facilities as stated in Rule No.2,
effective with the date of such authorization. Thereafter, such revised annual ownership cost shall also be used to determine the
unamortized balance of the Equivalent One-Time Payment, as provided in paragraph 13.(a).
4. Where it is necessary to install Special Facilities on Applicant's premises, Applicant hereby grants to PGandE:
(a) the right to make such installation on Applicant's premises along the shortest practical route thereon and of sufficient width
to provide legal clearance from all structures now or hereafter erected on Applicant's premises for any facilities of PGandE; and,
(b) the right of ingress to and egress from Applicant's premises at all reasonable hours for any purposes reasonably connected
with the operation and maintenance of the Special Facilities.
5. Where formal rights of way or easements are required on and over Applicant's property or the property of others for the
installation of the Special Facilities, Applicant understands and agrees that PGandE shall not be obligated to install the Special Facilities
unless and until any necessary permanent rights of way or easements, satisfactory to PGandE, are granted without cost to PGandE.
6. PGandE shall not be responsible for any delay in completion of the installation of the Special Facilities resulting from shortage
of labor or materials, strike, labor disturbance, war, riot, weather conditions, governmental rule, regulation or order, including orders or
judgments of any court or Commission, delay in obtaining necessary rights of way and easements, act of God, or any other cause or
condition beyond the control of PGandE. PGandE shall have the right, in the event it is unable to obtain materials or labor for all of its
construction requirements, to allocate materials and labor to construction projects which it deems, in its sole discretion, most important
to serve the needs of its customers, and any delay in construction hereunder resulting from such allocation shall be deemed to be a
cause beyond PGandE's control.
" Includes ITCC tax at the rate of 22% for electric and gas facilities respectively.
"" Interest at the rate presribed for deposits in Rule 7 will be applied to any unamoritized balance.
7. In the event that PGandE is prevented from completing the installation of the Special Facilities for reasons beyond its control
within twelve (12) months following the date of this Agreement, PGandE shall have the right to terminate this Agreement upon thirty (30)
days' written notice to Applicant.
8. If this Agreement is terminated as set forth in paragraph 7, the provisions of paragraph 13 shall be applicable, based on that
portion of the Special Facilities then completed, if any, including charges for any expenses incurred by PGandE for any engineering,
surveying, right of way acquisition expenses and other associated expenses incurred by PGandE for that portion of the Special Facilities
not installed or, in PGandE's sole judgment, not useful in supplying permanent service to PGandE's other customers.
9. Special Facilities provided by PGandE hereunder shall at all times be and remain the property of PGandE.
10. As provided in PGandE's applicable Electric Rule No. 14 or Gas Rules No. 14 and 21, copies attached, Applicant understands
that PGandE does not guarantee electric or gas service to be free from outages, interruptions or curtailments and that the charges for the
Special Facilities represent the additional cost associated with providing the Special Facilities rather than for a guaranteed level of
service reliability.
11. If it becomes necessary for PGandE to alter or rearrange the Special Facilities, including, but not limited to the conversion of
overhead facilities to underground, Applicant shall be notified of such necessity and shall be given the option to either terminate this
Agreement in accordance with paragraphs 12 and 13, or pay to PGandE additional Special Facilities charges consisting of:
(a) A facility termination charge for that portion of the Special Facilities which is being removed because of alteration or
rearrangement. Such charge to be determined in the same manner as described in paragraph 13; plus,
(b) An additional Advance and/or rearrangement costs, if any, for any new Special Facilities requested which shall be
determined in the same manner as described in paragraph 1; plus,
(c) A revised Equivalent One-Time Payment or monthly charge based on the total net estimated additional installed costs of all
new and remaining Special Facilities. Such revised Equivalent One-Time Payment or monthly charge shall be determined in the same
manner as described in paragraphs 2 and 3.
12. This Agreement shall be effective when executed by the parties hereto and shall remain in effect until terminated by either party
on at least thirty (30) days' advance written notice.
13. Upon discontinuance of the use of any Special Facilities due to termination of service, termination of this Agreement, or
otherwise:
(a) Applicant shall pay to PGandE on demand (in addition to all other monies to which PGandE may be legally entitled by virtue
of such termination) a facility termination charge defined as the estimated installed cost, plus the estimated removal cost, less the
estimated salvage value for the Special Facilities to be removed, as determined by PGandE in accordance with its standard accounting
practices. PGandE shall deduct from the facility termination charge the Advance plus the unamortized balance of the Equivalent One-
Time Payment previously paid, if any. If the Advance paid plus the unamortized balance of the Equivalent One-Time Payment is greater
than the facility termination charge, PGandE shall refund the difference, without interest, to the Applicant;
(b) PGandE shall be entitled to remove and shall have a reasonable time in which to remove any portion of the Special Facilities
located on the Applicant's premises;
(c) PGandE may, at its option, alter, rearrange, conveyor retain in place any portion of the Special Facilities located on other
property off Applicant's premises. Where all or any portion of the Special Facilities located off Applicant's premises are retained in place
and used by PGandE to provide permanent service to other customers, an equitable adjustment will be made in the facility termination
charge.
14. Applicant may, with PGandE's written consent, assign this Agreement if the assignee thereof will agree in writing to perform
Applicant's obligations hereunder. Such assignment will be deemed to include, unless otherwise specified therein, all of Applicant's
rights to any refunds which might become due upon discontinuance of the use of any Special Facilities.
15. This Agreement shall be subject to all of PGandE's applicable tariffs on file and authorized by the Commission and shall at all
times be subject to such changes or modifications as the Commission may direct from time to time in the exercise of its jurisdiction.
Datedthis W,v dayof /ftC/()...6~200~.
CITY OF GILROY
Applicant
PACIFIC GAS AND ELECTRIC COMPANY
BY:
TITLE:F4-dd~frtc,.
BY:
~nnis Olivier
Service Planning Supervisor, San Jose Division
7-
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Mailing Address:
7351 Rosanna St.,
Gilroy. CA 95020
Attachments: Rules 2 and 14 (Electric), or
Rules 2, 14 and 21 (Gas)
79-255 4/82
m Pacific Gas and Elecbic Company
DISTRIBUTION SERVICE AND EXTENSION AGREEMENT
. DECLARATIONS
D91BUT1ON
~icant (original)
o Division (original)
Deus!. Acctg
o T&CS
REFERENCES
E-PM #
G-PM #
E-Ord
G-Ord
Bill Doc #
MLX#
30294287
Submitted to Applicant by:
DIANE SILVEIRA
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CUST #
Date of Issuance: Aug 27, 2003
1. CITY OF GILROY, A GOVERNMENT AGENCY (Applicant). has
requested PACIFIC GAS AND ELECTRIC COMPANY, a Califomia corporation (PG&E), to
provide for the installation of electric facilities and to deliver
electric energy to the property situated at
880 SUNRISE DRIVE, 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 Califomia 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 N1A and N1A
PG&E's Rule 15 and 16, as applicable.*
~ ~pe~~ ~
o A qualified Contractor install N1A and
provisions of PG&E's Rule 15 and 16. as applicable.*
o Other: N1A
o Other: PG&E to install Rule 20C Overhead to Underground Conversion,
Applicant to perfo~ trench. conduit. & substructure installation.
facilities under provisions of
installation.
N1A facilities under
* If Applicant agrees to have a qualified contractor install facilities. PG&E is not bound
to perfo~ the installation of said facilities.
Attachments: (Mark each attachment needed)
o Provisions
o Exhibit A - Cost Summary
o Exhibit B - Location Map
o Gas Rule 2
o Electric Rule 2
o PG&E's General Te~s and Conditions for Gas and Electric Service by Applicant Ii. '. ill.
Applicant: Please initial here to confirm that you have received all of the Attachments: -U..Li1::JJ....
o Gas Rule 15
o Electric Rule 15
o Gas Rule 16
o Electric Rule 16
Form 62~
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
Gas
o
EleNDT
o
10-year Refund Option
- or-
o
Gas
o
Electric
APPLICABLF
Applicant's Initials
o
Non-Refundable 50% Discou
ACCEPTED:
Applicant:
CITY OF GILROY, A GOVERNMENT AGENCY
BY:
i ( (;>/(~ " Ck:J ~fb
TITLE:
MAILING ADDRESS: 7351 OSANNA ST.,
GILROY, CA 95020
PACIFIC GAS AND ELECTRIC CO.
7-
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BY:
(Authorized Signature)
~A-. DENNIS OLIVIER
(Type or Print Name)
TITLE:
SERVICE PLANNING SUPERVISOR
DIVISION:
SAN JOSE
Execution Date:
1tJ11 /t(() ~
Form 62-0980
Tariffs and Compliance
Advice No. 2316-G/2116-E
Decision no. 96-06-079
Effective Date: July 9,2001
aaciftc Gas and Elecbic Company
MSTRlBUTION SERVICE AND EXTENSION AGREEMENT
:xHIBIT A - COST SUMMARY
REFERENCES:
E-PM #
G-PM #
E-Ord
G-Ord
30294287
Applicant:
CITY OF GILROY, A GOVERNMENT AGENCY
Project LocationlName:
880 SUNRISE DRIVE, 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 15. 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 10 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)
-- OR --
$
54,on.14 (2)
Non-Refundable Discount Option - Gas & Electric (1)
-- OR --
$
54,on.14 (3)
10 Year Refundable Advance Option - Gas I (1)
Non-Refundable Discount Option - Electric
$
54,on.14 (2)
-- OR --
10 Year Refundable Advance Option - Electric I (1)
Non-Refundable Discount Option - Gas
$
54,on.14 (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.
Summary of Payments Page 1 of 1
m
Pacific Gas and Electric Company
DISTRIBUTION SERVICE AND EXTENSION AGREEMENT
ExHIBIT A - COST SUMMARY
OPTION 2 B - SHARED CONSTRUCTION
REFERENCES:
E-PM #
G-PM #
E-Ord
G-Ord
30294287
Applicant:
CITY OF GILROY, A GOVERNMENT AGENCY
Project LocationlName:
880 SUNRISE DRIVE, CITY OF GILROY
ELECTRIC RULE 20C
Non-Refundable Payments
Engineering & Administrative Costs
Value of Applicant Design Work
Cost of Additional Applicant Design Plan Checks
Value of 20C Underground System
Tie-In of 20C by PG&E
PG&E Land Rights Costs
Inspection Fees
Value of 20C Trench & Excavation
Value of 20C Conduits & Substructures
Rule 20C Trench Permits Obtained by PG&E
less Salvage & Depreciation for Overhead Facilities
SUB TOTAL
plus ITCC @ 22%
plus Cost to Remove Overhead Line by PG&E
less 20C Underground System Installed by Applicant
less 20C Trench & Excavation Provided by Applicant
less 20C Conduits & Substructures Installed by Applicant
less Value of Applicant Design Work
Total Rule 20C Non-Refundable Payment
11,472.75
$
(+) $
(+) $
(+) $
(+) $
(+) $
(+) $
(+) $
(+) $
(+) $
(-) $
(=) $
(+) $
(+) $
(-) $
(-) $
(-) $
(-) $
23,488.04
348.00
12,910.00
9,147.00
746.00
56,619.79
12,456.35
7,058.00
12,910.00
9,147.00
(=) $
54 077 14 (1)
, .
Electric Rule 20e Cash Payment
Total Rule 20C Non-Refundable Payment
$
54,077.14 (1)
(1) For Contractor Installed projects (Option 2A), credit amounts win be reimbursed upon acceptance of facilities. See Reimbursement
Summary for a total of Reimbursements and Credits to be paid upon acceptance of facilities.
Electric Rule 20C Cost Summary Page 1 of 1
m
Pacific Gas and Electric Company
DISTRIBUTION SERVICE AND EXTENSION AGREEMENT
ExHIBIT A - COST SUMMARY
REFERENCES:
E-PM 1#
G-PM 1#
E-Ord
G-Ord
30294287
Applicant:
Project LocationlName:
CITY OF GILROY, A GOVERNMENT AGENCY
880 SUNRISE DRIVE, 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)
-01"'
$ (1)
(+) $
(+) $
(=) $
-01"-
(=) $
Non-Refundable Discount Option Credit Amount
Joint Pole Credits
PG&E Betterments
SUB TOTAL w/1 0 Year Refundable Advance Credit Amount
Electric Rule 16
Joint Pole Credits
Applicant Design Work within the Allowance
SUB TOTAL
$
$
(=) $
$ lservice (2)
-01"-
$ lservice (2)
Reimbursement per Service Completion - Electric
No Option Selected - Energized System
Non-energized System
Electric Rule 20B
Joint Pole Credits
Rule 20B Payment Credit
SUB TOTAL
$
(+) $
(=) $
Electric Rule 20C
Joint Pole Credits
Rule 20C Payment Credit
SUB TOTAL
(+) $
(+) $
(=) $
Reimbursement Summary Page 1 of 2
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
wI 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
$
$
(=) $
$ Iservice (2)
- or -
$ Iservice (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 I 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.
Reimbursement Summary Page 2 of 2
I
PacIIc GIIud EIIctrtc c....,
DlS1RIIU11ON AND SBMCE EXTENSION AGREEIIBfT
OPTION 2 - COMPETITIVE BIDDING
PROVISIONS1
1. As indicated in the Declarations, Applicant has elected to have competitive bidding and has awarded a
qualified Contractor or PG&E the responsibility of installing gas and electric service, as applicable, to
the locations desaibed in Exhibit B. These services shall be installed in accordance with the provisions
of PG&E's Rules 2, 15 and 16, General Terms and Conditions, project specific terms and conditions,
design, specifications, and the requirements of this Agreement.
2. Construction Responsibilities of Applicant.
Applicant shall perform or arrange for the performance of the following work required for this project:
Electric Extensions:
. Route clearing, tree bimming, trenching, excavating, backfilling, and compacting;
. Furnishing of imported backfill material as required and disposal of trench spoil as required;
. Performing necessary surface repair and boring as required;
. Furnishing, installing, and transferring ownership to PG&E of any substructures, conduits, and
protective structures required other than the conduit portion of cable-in-conduit (Rule 15 only);
. Obtaining any necessary construction permits for all work performed by Applicant under this
Agreement
Electric Underground Extensions:
. Installing primary and secondary disbibution conductors, poles, pole risers, switches,
transformers, and other disbibution facilities required to complete the extension.
Electric Overhead Extensions:
. Installing all facilities required for the pole line extension, including poles, conductors, transformers,
switches, and other devices as might be required.
Gas Extensions:
. Installing gas distribution main pipe, valves, and other related disbibution equipment, as specified
by PG&E, required to complete the extension including all necessary trenching, backfilling, and -
other digging as required.
. Furnishing, installing and upon acceptance by PG&E, conveying to PG&E the ownership of all
necessary installed substructures and protective structures necessary to contain or support
PG&E's gas facilities.
Applicant agrees to secure and pay for all required permits and licenses which may be required to
fulfill the construction responsibilities from the governmental authority having jurisdiction.
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.
I Automated Document. Preliminary Statement. Part A.
Form 62-0982
Tarttrs and Compliance
AdYIoe 2081-G11765-E
DecIBIons 97-12-098 ,97-12-099
Effective Dale: July 1, 1!l98
Applicant shall also pay to PG&E the costs for substructures and conduits which PG&E had previously
installed at its own expense in anticipation of the current extension. Any necessary riser conduit,
conduit covering, and miscellaneous riser material required for the line extension shall be paid for by
Applicant and shall be installed by PG&E on PG&E owned and maintained facilities.
Upon completion of construction by Applicant and inspection and acceptance by PG&E, title and
ownership for the gas and electric facilities installed under this Agreement shall vest in PG&E in
accordance with the Acceptance and Conveyance section of this Agreement and as specified in the
respective rule.
3. Construction Responsibilities of PG&E.
Except as otherwise provided in the rules, PG&E shall be responsible fa:
· Providing inspection service to verify Applicant's perfonnance under this Agreement, as
detennined by PG&E; and
· Connecting the applicant-installed facilities to PG&E's energized and pressurized supply system
(system tie-in work), as applicable.
PG&E will perform its construction responsibilities for the installation of only those facilities that, in
PG&E's judgment, will be used within a reasonable time to serve permanent loads.
4. Power Quality and Voltage Stability.
Under normal load conditions, PG&E will deliver sustained voltage as close to the nominal service
voltages that are economically practical. Any deviations from the nonnal voltage levels will be no
greater than the service voltage ranges specified in PG&E's Elecbic Rule 2. Exceptions to voltage
limits are specified in PG&E's Electric Rule 2. Applicant is responsible for planning, designing,
operating and protecting equipment beyond PG&E's delivery point.
5. Rule 16 Service Extensions. Service Extensions will be installed in accordance with PG&E's Gas and
Electric Rule 16. Applicant shall be responsible for all service trenching.
6. Street Lighting Facilities. If any street lighting facilities are to be installed, the installation shall be
made in accordance with PG&E's applicable street and highway lighting schedule(s).
7. Overhead to Underground Conversions. In the event there is replacement of existing overhead
electric facilities with underground facilities in conjunction with this project, the conversion shall be
made in accordance with the applicable provisions of PG&E's Electric Rule 20.
In the event that there is an Electric Rule 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, including, but not limited to:
· engineering and administrative costs,
Form 62.{)982
Tariffs and Compliance
AdvIce 2081-G11765-E
Decisions 97-12.{)98.97-12-099
Effective Date: July 1, 1998
. system tie-in work.
. any applicable taxes.
NON-REFUNDABLE: A non-refundable payment, shown in Exhibit A, for the inspections by PG&E of
Distribution System work performed by Applicant or Applicanfs contractor, subject to adjustment based
upon actual time spent by PG&E. as well as other non-refundable 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: Allowances for permanent residential and non-residential service are provided in
accordance with Gas and Electric Rule 15 and are included in Exhibit A, as applicable.
ITCC: All contributions and advances by Applicant are taxable and shall indude an Income Tax
Component of Contributions (ITCC) at the rate provided in PG&E's Preliminary Statement ITCC will be
either refundable or non-refundable in accordance with the corresponding contribution.
GROUP OF APPLICANTS. The total contribution or advance from a group of applicants will be
apportioned among the members of the group in such manner as they mutually agree.
9. Amount Subject to Refund.
The total refundable amount set forth in Exhibit A - Cost Summary shall be subject to refund. without
interest, on the basis of a new customer's permanent load connected to the line extension that
produces additional revenue to PG&E in accordance with the following provisions:
Refunds will be made within ninety (90) days ster the date Applicant becomes eligible for a refund
except that refunds may be accumulated to a $50 minimum, or the total refundable balance remaining
is less than $50.
Residential: The refund will be deducted from the total refundable amount. The remaining amount
subject to refund represents that portion of the extension cost not supported by revenues.
Non-residential: PG&E shall review Applicant's actual base annual revenue each year for the first
three years from the date PG&E is first ready to provide service. Applicant shall be responsible for
notifying PG&E if new, permanent load is added the fourth through tenth year from the date PG&E is
first ready to provide service. Such review shall determine if additional revenue supports any refunds
to Applicant.
Refund Period: The total refundable amount is subject to refund for a period of ten (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,
Form 62-0982
Tartl'ls and Compliance
AdYIce 2081-611765<
DecIsions 97-12-098,97-12-099
Effective Dale: July 1. 1998
2. When the amount subject to refund on an extension in a series is fully refunded, the excess
refundable amount will provide refunds to the extension having the oldest outstanding amount
subject to refund in the series.
Ga~nly Ttenching: If Applicant chooses to perform trenching fa PG&E's gas facilities, and
qualifies fa a gas extension allowance, PG&E will provide Applicant with a reimbursement or aedit fa
PG&E's project-specific estimated cost-per-foot of gas trench upon completion and acceptance by
PG&E.
Outstanding Paymenls: Applicant or subsequent assignees of this Agreement shall not be eligible for
refunds if there are any outstanding payments due PG&E.
10. Unsupported Extension Cost.
When any portion of the refundable amount has not qualified for a refund at the end of twelve (12)
months for electric service or thirty-six (36) months fa gas service from the date PG&E is first ready to
provide service, Applicant will pay to PG&E a oost-of-ownership charge on the remaining refundable
balance. Monthly ownership charges are in addition to the refundable amount, and will normally be
accumulated and deducted from refunds due to Applicant
Payment of such oost-of-ownership charges will nonnally be made by deduction from the payments to
be refunded as described in the Amount Subject to Refund section of this Agreement, but such
deduction will not thereafter reduce the amount on which the cost-of-ownership charges are
determined. If the amount remaining in the original refundable payment is insufficient to offset the
cost-of-ownership charge within the 10-year refund period (desaibed in the Amount Subject to Refund
section of this Agreement) PG&E shall have the right to separately bill Applicant for this deficiency for
the remaining duration of the 10-year refund period. However, the amount subject to cost-of-ownership
charges will continue to be reduced by additional connected loads as defined in the Amount Subject to
Refund section of this Agreement. Such ownership charges shall initially be determined from the
applicable percentage rate established in the Special Facilities section(s) of PG&E's Gas or Electric
Rule 2.
The monthly cost-of-ownership charges herein shall automatically increase or deaease without formal
amendment to this Agreement if the Commission should subsequently authorize a higher or lower
percentage rate for the monthly cost-of-ownership, effective on the date of such authorization.
This provision does not apply to individual residential applicants.
11. Payment Adjusbnents.
Contract Compliance. If after six (6) months following the date PG&E is first ready to serve residential
loads for which allowances were granted, one (1) year for non-residentialloads. Applicant fails to take
service, or fails to use the service contracted for, Applicant shall pay to PG&E an additional
contribution.
Excess Facilities: If the loads provided by Applicant(s) results in Applicant, the approved contractor or
PG&E having installed facilities which are in excess of those needed to serve the actual loads, PG&E
may elect to do the following: (1) Applicant shall pay PG&E its estimated cost to remove, abandon,
alter, or replace the excess facilities, including those facilities that PG&E reinforced, enlarged, or
replaced in anticipation of Applicant's proposed load, less the estimated salvage for any removed
facilities, or (2) Applicant shall pay PG&E any Special Facilities charges in accordance with PG&E's
Rule 2 for those facilities, including those facilities that PG&E reinforced. enlarged, or replaced in
anticipation of Applicant's proposed load, which are in excess of those facilities needed to serve
Form 62~2
Tarltrs and Compliance
AdvIc8 2081-G11765-E
DecI8Ions 97-12~,97-12-099
Effective Date: July 1, 1998
Applicant's actual load. The total cost of the facilities PG&E reinforced, enlarged, or replaced are
shown in Exhibit A
Deficiency Chal1l8S for Non-Payment: Applicant shall pay PG&E for any administrative and
processing charges associated with collecting any payment adjustments related to this Agreement.
12. Non-Refundable Amount
Discount Option: Competitive Bidding - Installation by Applicant. In lieu of receiving'll'efunds for
the total refundable amount described in the Amount Subject to Refund section, Applicant may elect the
Discount Option. Upon completion, acceptance and conveyance of the gas and electric facilities to
PG&E, in accordance with the provisions of this Agreement, Applicant may elect to receive a lump sum
payment of fifty percent (50%) of the refundable amount as shown in Exhibit A - Cost Summary.
Discount Option: Competitive Bidding - Installation by PG&E. In lieu of contributing the total
refundable amount desaibed in the Amount Subject to Refund section. Applicant has the option of
contributing, on a nOrHefundable basis, fifty percent (50%) of the refundable amount as shown in
Exhibit A - Cost Summary.
Excess Service. PG&E's estimated installed costs for Service Extensions in excess of the allowance,
not subject to discount, as defined in PG&E's Gas and Electric Rule 16 as shown in Exhibit A - Cost
Summary are non;efundable.
Other Non-refundable Amounts. Applicant shall pay to PG&E as a non-refundable payment, shown
in Exhibit A, for the inspections by PG&E of Distribution System work performed by Applicant or
Applicant's contractor, subject to adjustment based upon actual time spent by PG&E, as well as other
non-refundable costs which may include, but are not limited to:
· re-engineering fees,
· preparation fees for trench composite drawings,
· survey and land rights acquisition costs,
· any applicable taxes.
13. Non-Standard Equipment Installation and Removal.
When the situation requires the location, installation. maintenance. repair and replacement of
specialized or non-standard utility-owned equipment (Equipment) necessary to provide utility service or
perform utility work, Applicant agrees to pay the costs to install PG&E's equipment. Applicant further
agrees that, should the Equipment need to be replaced for any reason. it shall be Applicant's
responsibility to make arrangements and to pay the cost to have the equipment 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 tenns and
condillons
· 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 cocIe
reqUirements. The site, access, location, and arrangement of the facilities shall be subject to
PG&E's prior written approval, and any changes or additions thereto shall be made only after
PG&E's prior written approval. Except for required area maintenance by Applicant, under PG&E's
supervision, Applicant shall not have access to the Equipment area.
· Applicant shall make proper arrangements and pay all the costs associated with the initial and all
subsequent installations and removals of PG&E's Equipment into the Equipment area.
Form 62-0982
Tartlfs and Compliance
AdYIo8 2081-G11765-E
Decisions 97-12-098 .97 .12.099
Effective Date: July 1, 1998
. 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 service facilities
tennination details, and other associated facilities installed by Applicant for PG&E use shall be
subject to PG&E's prior written approval and shall comply with all applicable code requirements.
. Applicant accepts responsibility for any service interruption that may result from PG&E not having
clear access to the Equipment area.
14. General Access.
Where it is necessary for PG&E to install facilities on Applicant's premises, Applicant hereby grants to
PG&E: (a) the right to install, own and maintain such facilities on Applicant's premises together with
sufficient legal clearance between all structures now or hereafter erected on Applicant's premises; (b)
the right to enter and leave Applicant's premises for any purpose connected with the furnishing of gas
and electric service (meter reading, inspection, testing, routine repairs, maintenance, replacement,
emergency work, etc.) and the exercise of any and all rights secured to it by law, or under PG&E's
tariff schedules.
15. Land Rights.
Where formal rights-of-way. easements, land leases, or penn its are required by PG&E for the
installation of the facilities on or over Applicant's property, or the property of others, Applicant
understands and agrees that PG&E shall not be obligated to install the Facilities or accept the facilities
installed by Applicant or the approved contractor unless and until any necessary permanent rights-of-
way, easements, land leases, or permits, satisfactory to PG&E. are granted to or obtained for PG&E
without cost to or condemnation by PG&E; however, if PG&E is unable to obtain such land rights,
Applicant shall obtain them. Such easement shall include the right of access and right to trim trees as
necessary to maintain required legal clearances from overhead wires.
16. Acceptance and Conveyance.
In accordance with the PG&E's General Terms and Conditions attached, and upon (a) PG&E's receipt
of any required fonnal rights-of-way, easements, leases, and penn its, and (b) PG&E's pressurization
and energization of facilities installed by Applicant, Applicant hereby grants and conveys to PG&E, its
successors and assigns, all rights, title and interest in and to all such work and facilities, free and clear
of all liens and encumbrances.
17. Safety P~autions.
Applicant shall ascertain the location of all existing gas and electric facilities of PG&E within the scope
of Applicant's construction area and inspect the area initially and periodically during construction to
verify the location of all existing and new PG&E facilities. Applicant and PG&E shall perform all work in
compliance with applicable federal, state, and local laws, rules and regulations. Applicant shall inform
all persons doing work in proximity of the location of PG&E's facilities and ensure that all work of non-
PG&E employees is planned and conducted in a manner to safeguard persons and property from
injury. Work performed in close proximity to PG&E's energized electric facilities and pressurized gas
facilities also shall be perfonned in accordance with established Ca~SHA 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 perfonn any work upon PG&E-owned
existing facilities.
18. Delays in Construction.
. Force Majeure. PG&E shall not be responsible for any delay in either the perfonnance of
Applicant's responsibilities under this Agreement, or the installation or completion of the facilities by
PG&E resulting from shortage of labor or materials, sbike, labor disturbance, war, riot. weather
Form 62-0982
Tarttrs and Compliance
AdvIce 2081-G11765-E
DecisIons 97-12-098.97-12-099
EffectlYe Dale: July 1, 1998
conditions, governmental rule, regulation or order, induding orders or judgments of any court or
commission, delay in obtaining necessary land rights, act of God, or any other cause or condition
beyond the control of PG&E.
. Resources. PG&E shall have the right, in the event it is unable to obtain sufficient supplies,
materials, or labor for all of its construction requirements, to allocate materials and labor to
construction projects which it deems, in its sole disaetion, most important to serve the needs of its
customers. Any delay in construction hereunder resulting from such allocation shall be deemed to
be cause beyond PG&E's control.
. Inflation. In the event that PG&E is prevented from commencing the installation of the facilities for
reasons beyond its reasonable control within twelve months following the effective date of this
Agreement, PG&E shall have the right to revise the cost figures to reflect any inaeases in costs
since the original costs were determined. PG&E shall notify Applicant of such increased costs and
give the option to either terminate this Agreement or pay PG&E the additional charges.
19. Change Orders and Relocations.
All standard design or construction changes made in the field. which impact the charges to Applicant,
will be made using PG&E's Agreement Change Order. These field changes, induding unforeseen field
conditions which may result in additional work or costs by Applicant, the approved contractor or PG&E,
may require sketch revisions of Exhibit B. Unforeseen field conditions include, but are not limited to,
contaminated soil, obstructions, and weather conditions. The proper execution and attachment of the
Agreement Change Order, and any necessary changes to supersede Exhibit A resulting from the
change order, constitutes formal amendment to this Agreement. Applicant shall pay PG&E for any
such changes in accordance with the appropriate tariff.
EXCEPTION: If the requested changes are in addition to or substitution for the standard Facilities that
PG&E would nonnally install, then a Special Facilities Agreement shall be required under the provisions
of Section I of Rule 2.
20. Tennination of Agreement
In the event Applicant has not fulfilled its obligations under this Agreement within twelve (12) months
following the date of this Agreement, and PG&E is unable to proceed hereunder, PG&E shall have the
right to terminate and/or supersede this Agreement upon thirty (30) days' written notice to Applicant.
Upon such notice PG&E will calculate any refundable or additional non-refundable amounts that may
be due based on that portion of the disbibution system then completed, utilizing the estimated costs -
developed by PG&E for this Agreement.
The superseding Agreement, if any, shall be in the same form as this Agreement, shall be executed by
the parties hereto and shall provide that costs be allocated to the portion of the Distribution System then
completed, if any, consistent with those costs estimated by PG&E for this Agreement.
If this Agreement is terminated as set forth above, Applicant further agrees to forfeit that portion of the
advance paid to PG&E for its expenses covering any engineering, surveying, right-of-way, removal,
acquisition and other associated work incurred by PG&E. If such expenses are greater or less than
the refundable and/or non~fundable 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 claims, demands, losses, damages. costs, expenses, and
Fonn 62~2
Tartrrs and Compliance
Ad\/Ioe 2081-G11765-E
DeciBlons 97-12~,97-12-099
Effective Date: July 1, 1998
legal liability connected with or resulting from injury to or death of persons, induding but not limited to
employees of PG&E, Applicant, contractor or subcontractor; injury to property of PG&E, Applicant, or
any third party, or to natural resources, or violation of any local, state or federal law or regulation,
including but not limited to environmental laws or regulations, or strict liability imposed by any law or
regulation; arising out of, related to, or in any way connected with Applicanfs performance of this
Agreement, however caused, regardless of any strict liability or negligence of PG&E, whether active or
passive, excepting only such claims, demands, losses, damages, costs, expenses, liability or violation
of law or regulation as may be caused by the active negligence or willful misconduct of PG&E, its
officers, agents, or employees.
Applicant acknowledges that any claims, demands, losses, damages, costs, expenses, and legal liability
that arise out of, result from, or are in any way connected with the release or spill of any legally
designated hazardous material or waste as a result of the Work performed under this Agreement are
expressly within the scope of this indemnity, and that the costs, expenses, and legal liability for
environmental investigations, monitoring, containment, abatement, removal, repair, cleanup, restoration,
remedial Work, penalties, and fines arising from the violation of any local, state, or federal law or
regulation, attomey's fees, disbursements, and other response costs are expressly within the scope of
this indemnity.
Applicant shall, on PG&E's request, defend any action, claim or suit asserting a claim covered by this
indemnity. Applicant shall pay all costs that may be incurred by PG&E in enforcing this indemnity,
including reasonable attorney's fees.
WITHHOLDING: In addition to any other right to withhold, PG&E may withhold from payments due
Applicant hereunder such amounts as, in PG&E's opinion, are reasonably necessary to provide
security against all loss, damage, expense, and liability covered by the foregoing indemnification
provision.
22. Assignment of Contract
Applicant may assign this Agreement, in whole or in part, only if PG&E consents in writing and the
party to whom the Agreement is assigned (Assignee) agrees in writing, to perform the obligations of
Applicant hereunder. Such assignment shall be made using PG&E's Assignment Agreement and shall
be notarized. Assignment of this Agreement shall not release Applicant from any of the obligations
under this Agreement unless otherwise provided therein, shall be deemed to include Applicant's right to
any refunds then unpaid or which may thereafter become payable.
23. Joint and Several Uability.
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
Inlended purposes. The warranty begins with the date the facilities are energized or pressurized by
PG&E and extends past the date of final acceptance of the Distribution System by PG&E for (a) one
year covering equipment fumished and installed by Applicant or the approved contractor, and (b) two
years plus, covering the trenching and backfilling. In the event Applicant's work or materials provided
under this Agreement fails to conform to the warranty or are damaged as a result of any actions by a
third party, Applicant shall reimburse PG&E its costs for the total cost of repair and/or replacement as
deemed necessary by PG&E. Such reimbursements shall be non-refundable.
Form 62-0982
Tartffs and Compliance
AdYIoe 2081-G11765-E
DecIsions 97-12-098.97-12-099
Effective Date: July 1, 1998
25. Effective Date and Term.
This Agreement shall be binding when (a) the Agreement is signed by Applicant and delivered together
with payment required to PG&E within ninety (90) days of issuance. and (b) the Agreement is
accepted and executed by PG&E. If Applicant is a corporation, partnership, joint venture or a group of
individuals, the subscriber hereto represents that he or she has the authority to bind said corporation,
partners. joint venture or individuals as the case may be.
The term of this Agreement shall commence on the date PG&E's facilities are first ready to supply and
serve, as shown in PG&E's records, and shall then continue in force for a period of ten years, subject
to the termination provision of this Agreement
26. Commission Jurisdiction.
This Agreement shall be subject to all of PG&E's applicable tariff schedules on file with and authorized
by the Commission and shall at all times be subject to such changes or modifications as the
Commission may direct from time to time in the exercise of its jurisdiction. These may indude, but are
not limited to changes or modifications to Monthly Cost-of.Qwnership Charges (higher or lower
percentage rates), extension rules, rate schedules, allowances and refund amounts.
Fonn 62-0982
Tarllrs and Compliance
AdvIce 2OIl1-G11765<
DeciBIons 97-12-098,97-12-099
E1fectlve Date: July 1, 1998
'F""l ~ ~.'"
~. ~
OC1 1 0 2003
r'
m Pacific Gas and Elecbic Company
DISTRIBUTION SERVICE AND EXTENSION AGREEMENT
, & DECLARATIONS
Submitted to Applicant by:
DIANE SILVEIRA
Date of Issuance:
Aug 27, 2003
DISTRIBUTION
~ Awlicanl (original)
t1 Division (original)
o Cust Acclg.
o T&CS
REFERENCES
E-PM #
G-PM #
E-Ord
G-Ord
Bill Doc #
MLX#
30294284
30293590
~~~cfi~f~
3~q t"2-3
CUST #
1. CITY OF GILROY, A GOVERNMENT AGENCY (Applicant), has
requested PACIFIC GAS AND ELECTRIC COMPANY, a California corporation (PG&E), to
provide for the installation of gas and eleclric facilities and to deliver
gas and electric energy to the property situated at
880 SUNRISE DRIVE, 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:
facilities under provisions of
o PG&E install gas and
PG&E's Rule 15 and 16, as applicable.*
Applicant to perform trenching, conduit and substructure
o A qualified Contractor install N/A and N/A
provisions of PG&E's Rule 15 and 16, as applicable.*
o Other: N/A
o Other: N/A
electric
installation.
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
o Exhibit A - Cost Summary
o Exhibit 8 - Location Map
o Gas Rule 2
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: J(/!1~
o Gas Rule 15
o Electric Rule 15
o Gas Rule 16
o Electric Rule 16
RECONCILIATION
DATE ENTEiiED..____Jo ( l ?) 0 '3
DATE COMPLETED
Form 62-0980
Tariffs and Compliance
Advice No. 2316-G12116-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.
D 1 O-year Refund Option
D
Gas
o
Electric
Applicant's Initials
- or-
D Non-Refundable 50% Discount Option
." Gas '" Electric
ACCEPTED:
Applicant's Initials
UJW
Applicant:
CITY OF GILROY, A GOVERNMENT AGENCY
BY:
3,e
(Type or Prin Name)
TITLE: ~ikr.w~ dnt"{f'hr&:> {1;ddtp/1lNllJrv/J4fil:
MAILING ADDRESS: 7351 ROSANNA ST.
GILROY, CA 95020
PACIFIC GAS AND ELECTRIC CO.
BY:
~
~
a.
~
(Authorized Signature)
~Il.. DENNIS OLI'1IER
(Type or Print Name)
TITLE:
SERVICE PLANNING SUPERVISOR
DIVISION:
SAN JOSE
Execution Date:
({) / ~<<I r ~ed :5
Form 62-0980
Tariffs and Compliance
Advice No. 2316-G/2116-E
Decision no. 96-06-079
Effective Date: July 9, 2001
)acific Gas and Elecbic COlupany
lISTRIBUTION SERVICE AND EXTENSION AGREEMENT
~HIBIT A - COST SUMMARY
REFERENCES:
E-PM #
G-PM #
E-Ord
G-Ord
30294284
30293590
Applicant:
CITY OF GILROY, A GOVERNMENT AGENCY
Project Location/Name:
880 SUNRISE DRIVE, CITY OF GILROY
SUMMARY OF PAYMENTS
The total cash payment you need to make depends upon your selection of the 1 0 Year Refundable Advance
Option or the Non-Refundable Discount Option for your gas and/or electric extension under Rule 15. 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 10 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)
$
29,351.87 (2)
-- OR --
Non-Refundable Discount Option - Gas & Electric (1)
$
16,290.59 (3)
-- OR --
10 Year Refundable Advance Option - Gas I (1)
Non-Refundable Discount Option - Electric
$
17,999.54 (2)
-- OR --
10 Year Refundable Advance Option - Electric I (1)
Non-Refundable Discount Option - Gas
$
27,642.92 (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.
Summary of Payments Page 1 of 1
. .
m
Pacific Gas and Elecbic Company
DISTRIBUTION SERVICE AND EXTENSION AGREEMENT
EXHIBIT A - COST SUMMARY
OPTION 2 B - SHARED CONSTRUCTION
REFERENCES:
E-PM #
G-PM #
E-Ord
G-Ord
30294284
30293590
Applicant:
CITY OF GILROY, A GOVERNMENT AGENCY
Project Location/Name:
880 SUNRISE DRIVE, 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 service allowance to be applied to distribution refundable amount
on a per lot/unit basis:
Estimated Cost of Services:
Engineering & Adrninistrative Costs
Value of Applicant Design Work
Service Tie-In Cost
Electric Metering
Service Installation Cost
Other Charges: N1A
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 - $ =
$
**
"-\llow:lIlc~
Av~. Cost ! Cnit
Allowances
Residential:
$
1,313.00 X
Allowance
N/A
=
$
LoIs/Units
plus ITCC @ 22% Residential Allowances
SUB TOTAL Residential Allowances
(+) $
(=) $
Electric Distribution and Service Extension Cost Summary Page 1 of 4
plus ITCC @ 22% Non-Residential Allowances (+) $
SUB TOTAL Non-Residential Allowances (=) $
less Residential Service Allowance:
N/A x $ ) + 22% = (-) $
Lots/Units Ave. Cost / Unit !TCC
Non-Residential:
/
=
0.1596
N/A
Net Annual Revenue
Cost -ot:Servi ce- Factor
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 Services
Other Charges: N/A
Other Project Specific Costs Subject to Refund:
Value of Distribution Substructures
SUB TOTAL
plus ITCC @ 22%
Total Refundable Amount
less Total Allowances (not to exceed Total Refundable Amount)
Balance: Net Refundable Amount
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: $ 22,704.65 x
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
$
(=) $
=
$
(+) $
(+) $ 5,455.58
(+) $
(+) $
(+) $ 729.00
(+) $ 12,425.79
(+) $
(+) $
(=) $ 18,610.37
(+) $ 4,094.28
(=) $ 22,704.65
(-) $
(=) $ 22,704.65
$ 22,704.65
(-) $
(-) $
(-) $
(-) $
(=) $ 22,704.65
$ 22,704.65
(-) $ 11,352.33
(-) $
(-) $
(- ) $
(-) $
(=) $ 11,352.32
Electric Distribution and Service Extension Cost Summary Page 2 of 4
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 @ 22%
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 @ 22%
less Distribution Conduits Installed by Applicant
less Distribution Trench Provided by Applicant
Total Non-Refundable Electric Rule 15 Payment
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
$
(+) $ 2,247.00
(+) $
(+) $
(+) $
(+) $ 99.90 (;j)
(+) $
(+) $
(+) $
(=) $ 2,346.90
(+) $ 516.32
(+) $
(+) $ (;j)
(+) $
(-) $
(-) $
(-) $
(-) $
(-) $
(=) $ 2,863.22
$ (3)
(+) $
(+) $
(+) $
(+) $
(+) $
(+) $
(+) $
(+) $
(+) $
(+) $
(=) $
(+) $
(-) $
(-) $
(=) $
$
(+) $
(+) $
(+) $
(+) $
(+) $
(+) $
(+) $
(+) $
Electric Distribution and Service t:xtenslon l,;ost Summary Page 3 of 4
Relocation/Rearrangment Inspecti<'J11 Fees
SUB TOTAL
plus ITCC @ 22%
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
$ 22,704.65 (4)
(+) $ 2,863.22
(+) $
(+) $
(=) $ 25,567.87
$ 11,352.32 (4)
(+) $ 2,863.22
(+) $
(+) $
(=) $ 14,215.54
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)
\ 'J 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
22% ITCC
Allowance
Electric Distribution and Service Extension Cost Summary Page 4 of 4
m
Pacific Gas and Electn", Company
DISTRIBUTION AND SERVICE EXTENSION AGREEMENT
EXHIBIT A - COST SUMMARY
Applicant:
Project Location/Name:
REFERENCES:
E-PM #
G-PM #
E-Ord
G-Ord
30294284
30293590
CITY OF GILROY, A GOVERNMENT AGENCY
880 SUNRISE DRIVE, CITY OF GILROY
GAS 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
Calculations to determine excess residential service 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
Gas Metering & Regulation
Service Installation Cost
Other Charges: N/A
Total Estimated Cost of Service Subject to Allowance
Total number of residential lots/units for this project:
Total number of non-residential lots/units for this project:
Cost of Service Within Allowance:
Residential Service Allowance
Water Heaters: $ 310.00 x 0 units
Space Heaters: $ 323.00 x 0 units
OvenlRange: $ 69.00 x 0 units
Dryer Stub: $ 60.00 x 0 units
Total Residential Service Allowance
Excess Service Cost (Total Cost less Allowance)
Estimated Service Cost Within Allowance (Total less Excess)
Average Cost per Lot or Unit Within Allowance
$ /0=
Excess Service Allowance Applied to Distribution Refundable
Amount per Lot or Unit:
$ - $ =
Allowance
Ave. Cost / Unit
o
1
$
(+) $
(+) $
(+) $
(+) $
(+) $
(=) $
$
(+) $
(+) $
(+) $
(=) $
(=) $
(=) $
(1)
$
$
**
Gas Distribution and Service Extension Cost Summary Page 1 of 5
Allowances
Residential: $ 310.00 x 0 = $
Water Heater Allowance Units/Meters
$ 323.00 X 0 = $
Space Heater Allowance Units/Meters
$ 69.00 X 0 = $
Oven/Range Allowance Units/Meters
$ 60.00 X 0 = $
Dryer Stub Allowance Units/Meters
SUB TOTAL Residential Allowances = $
plus ITCC @ 22% (+) $
TOTAL Residential Allowance (=) $
Non-Residential: N/A / 0.1812 = $
Net Annual Revenue Cost-ot:Service- Factor
plus ITCC @ 22% (+) $
TOTAL Non-Residential Allowances (=) $
less Residential Service Allowance:
0 X $ )+ 22% = (-) $
LotslUnits Ave. Cost! Unit ITCC
Total Distribution Extension Allowance (=) $
Amount Subiect to Refund
Unit Cost of Project (if applicable):
Unit Cost
Non-residential Service Costs Subject to Provisions of Rule 15
Project Specific Costs:
Engineering & Administrative Costs
Value of Applicant Design Work
Tie-In of Distribution by PG&E
Value of Distribution System & Non-Residential Services
Value of Distribution Main Trench
Other Charges: N/A
Other Project Specific Costs Subject to Refund:
Gas Metering & Regulation (Non-Residential Projects)
SUB TOTAL
plus ITCC @ 22%
Total Refundable Amount
less Total Allowances (not to exceed Total Refundable Amount)
Balance: Net Refundable Amount
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 Main Trench by Applicant
Net 10 Year Refundable Advance Option Payment
Non-Refundable Discount Option
Balance: Net Refundable Amount
less Discount: $ 3,417.90 X
$
(+) $
$
(+) $
(+) $
(+) $
(+) $
(+) $
(+) $
(=) $
(+) $
(=) $
(-) $
(=) $
$
(-) $
(-) $
(-) $
(-) $
1,119.93
1,081.63
600.00
2,801.56
616.34
3,417.90
3,417.90
3,417.90
(=) $
3,417.90
$ 3,417.90
GaSo1ilistributioA and ()JlnSce Exte~iz:.olH9ost Summary Page 2 of 5
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 Main Trench by Applicant
Net Non-Refundable Discount Option Payment
Non-Refundable Payments
Rule 16 Non-Refundable Payments
Excess Service Costs
Service Costs Beyond Preferred Service Location
Value of Rule 16 Land Rights Costs
Value of Gas Service Trench in the Franchise Area
or on 3rd Party Property
Inspection Fees (subject to ITCe)
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 @ 22%
plus Non-Taxable Other Charges
Inspection Fees (not subject to ITCC)
plus Gas Service Trench installed by PG&E on Private Property
less Excess Service Facilities Installed by Applicant
less Service Costs Beyond Preferred Location by Applicant
less Value of Gas Service Trench in the Franchise Area
or on 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 Substructures
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 @ 22%
less Distribution Substructures Installed by Applicant
Total Non-Refundable Gas Rule 15 Payment
(-) $
(- ) $
(-) $
(-) $
(=) $ 1,708.95
$
(+) $
(+) $
(+) $
250.00
(+) $
(+) $
(+) $
(+) $
(=) $
(+) $
(+) $
(+) $
(+) $
(-) $
(-) $
(-) $
255.00 (j)
505.00
111.10
(j)
250.00
(-) $
(=) $
366.10
$
(+) $
(+) $
(+) $
(+) $
(+) $
(+) $
(+) $
(+) $
(=) $
(+) $
(-) $
(j)
(=) $
Gas Distribution and Service Extension Cost Summary Page 3 of 5
Relocation / Rearrangement of PG&E Facilities
Value of Relocation/Rearrangement System
Value of Relocation/Rearrangment 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 Land Rights
Relocation/Rearrangement Trench Permits Obtained by PG&E
Relocation/Rearrangment Inspection Fees
SUB TOTAL
plus ITCC @ 22%
plus Relocation/Rearrangement Non Taxable
less Relocation/Rearrangement System Installed by Applicant
less Substructures Installed by Applicant
less Trench & Excavation Provided by Applicant
less Value of Relocation Applicant Design Work
Total Relocation/Rearrangement of PG&E Facilities Payment
$
(+) $
(+) $
(+) $
(+) $
(+) $
(+) $
(+) $
(+) $
(+) $
(=) $
(+) $
(+) $
(-) $
(-) $
(-) $
(-) $
(3)
(=) $
Total Payment for Gas Distribution and Service Extension
Cash Payment - 1 O-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
$ 3,417.90 (4)
(+) $ 366.10
(+) $
(+) $
(=) $ 3,784.00
$ 1,708.95 (4)
(+) $ 366.10
(+) $
(+) $
(=) $ 2,075.05
Value of Gas Facility Reinforcements by PG&E: N/A based upon Applicant's estimated
gas load of: N/A Mcfh
(Reference: Payment Adjustments. Excess Facilities section of the Provisions)
Gas Distribution and Service Extension Cost Summary Page 4 of 5
(' ) 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:
$
+ $
= $
Allowance
22%
ITCC
Refund Per
Residential Lot/Unit
Gas Distribution and Service Extension Cost Summary Page 5 of 5
m
Pacific Gas and Elecb Ie Company
DISTRIBUTION SERVICE AND EXTENSION AGREEMENT
EXHIBIT A - COST SUMMARY
REFERENCES:
E-PM #
G-PM #
E-Ord
G-Ord
30294284
30293590
Applicant:
CITY OF GILROY, A GOVERNMENT AGENCY
Project Location/Name:
880 SUNRISE DRIVE. 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
w/ 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
$
$
(=) $
$ /service (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
(+) $
(+) $
(=) $
Reimbursement Summary Page 1 of 2
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
Installed by PG&E - 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.
Reimbursement Summary Page 2 of 2
~
Division
Applicant
Customer Operations
Plant Accounting
Customer Accounting
Reference: 30294287
Rep Diane Silveira
PACIFIC GAS AND ELECTRIC COMPANY
AGREEMENT FOR INSTALLATION OR ALLOCATION OF
SPECIAL FACILITIES
uvf 't+ 2-1 t S"" '6
~~ ~ S 2}
aJST#
At the request of CITY OF GILROY, A Government AQency (Applicant), PACIFIC GAS AND ELECTRIC COMPANY (PGandE)
hereby agrees, as an accommodation, to Install at the Applicants expense within a reasonable time, or allocate for Applicant's use at 880
Sunrise Drive. City of Gilroy, State of California, certain facilities consisting of second electric service (Special Facilities), at an
estimated total additional installed cost of $1,141.45 over and above the cost of standard facilities which PGandE would normally provide
or allocate for regular service in accordance with its tariffs on file with and authorized by the California Public Utilities Commission
(Commission), subject to the following terms and conditions
1. Applicant shall pay to PGandE, on demand and In advance of construction by PGandE, the initial sum of:
(a) $4,581.91* (Advance) which consists of a credit of $2,614.22 for that portion of the facilities provided by and conveyed to
PGandE by the Applicant, and Applicant's payment of $1,967.69 representing PGandE's additional costs for Special Facilities; plus,
(b) SO.OO* (Rearrangement) a nonrefundable amount representing PGandE's cost of rearranging existing facilities to
accommodate the installation of the Special Facilities
2. Applicant shall also pay to PGandE, In addition to the monthly rates and charges for service, at the option of PGandE, either
(a) A monthly charge for the Special Facilities of $N/A (Cost of Ownership Charge) representing the continuing ownership costs
of the Special Facilities (N/A% per month) as determined In accordance With the applicable percentage rate established in the Special
Facilities section of PGandE's applicable Gas or ElectriC Rule No.2, copy attached, or,
(b) $2,272.15 (EqUivalent One-Time Payment) which is the present worth of the monthly ownership costs (0.46%) for the
Special Facilities In perpetuity Refunds and adjustments, if any, of the Advance and Equivalent One-Time Payment Will be made in
accordance with paragraph 13 Interest at the rate of 10.96% annually will be added to the unamortized balance of the EqUivalent One-
Time Payment on each anniversary of the date the Special Facilities are first made available, as such date is established In PGandE's
records, before the current year's Cost of Ownership Charges are deducted.
The monthly Cost of Ownership Charge shall commence on the date the Special Facilities are first available for Applicant's use,
as such date IS established In PGandE's records PGandE Will notify Applicant, In WrIting, of such commencement date
3. The annual ownership cost used to determine the EqUivalent One-Time Payment or used to determine the monthly charges in
paragraph 2 above shall automatically increase or decrease Without formal amendment to thiS agreement if the CommiSSion should
subsequently authonze a higher or lower percentage rate for monthly costs of ownership for SpeCial Facilities as stated In Rule No.2,
effective with the date of such authOrization Thereafter, such reVised annual ownership cost shall also be used to determine the
unamortized balance of the Equivalent One-Time Payment, as prOVided In paragraph 13 (a)
4 Where It is necessary to install SpeCial Facilities on Applicant's premises, Applicant hereby grants to PGandE:
(a) the right to make such installation on Applicant's premises along the shortest practical route thereon and of suffiCient Width
to prOVide legal cleilrance from all structures now or hereafter erected on Applicant's premises for any facilities of PGandE, and,
(b) the nght of Ingress to and egress from Applicants premises at all reasonable hours for any purposes reasonably connected
with the operation and maintenance of the SpeCial FaCilities
5. Where formal nghts of way or easements are reqUired on and over Applicant's property or the property of others for the
installation of the SpeCial Facilities, Applicant understands and agrees that PGandE shall not be obligated to install the Special Facilities
unless and until any necessary permanent rights of way or easements, satisfactory to PGandE. are granted Without cost to PGandE
6 PGandE shall not be responsible for any delay In completion of the installation of the SpeCial Facilities resulting from shortage
of labor or matenals, strike, labor disturbance, war, not, weather conditions, governmental rule, regulation or order, including orders or
judgments of any court or CommiSSion, delay In obtalOlI'\g necessary nghts of way and easements, act of God, or any other cause or
conditIOn beyond the control of PGandE. PGandE shall have the nght, in the event it IS unable to obtain materials or labor for all of its
construction requirements, to allocate materials and labor to construction projects which It deems, In ItS sole discretion, most Important
to serve the needs of ItS customers, and any delay 11'\ construction hereunder resulting from such allocation shall be deemed to be a
cause beyond PGandE's control
. Includes ITCC tax at the rate of 22% for electriC and gas faCilities respectively
.. Interest at the rate presribed for depOSits In Rule 7 Will be applied to any unamontlzed balance.
7. In the event that PGandE is
"':'ithlri tw~lve (12) m6nths following th~ de..
days' written notice to Applicant.
8. If this Agreement is terminated as set forth In paragraph 7, the provisions of paragraph 13 shall be applicable, based on that
portion of the Special Facilities then completed, If any, including charges for any expenses Incurred by PGandE for any englneenng,
surveying, right of way acquisition expenses and other assc ciated expenses incurred by PGandE for that portion of the Special Facilities
not installed or, in PGandE's sole judgment, not lseful in supplying permanent service to PGandE's other customers
'ted from completing the Installation of thai Facilities for reasons beyond Its control
.;f this Agreement. PGandE shall have the ng, " .0 terminate this Agreement upon thirty (30)
9. Special Facilities provided by PGandE hereunder shall at all times be and remain the property of PGandE
10. As provided in PGandE's applicable Electnc Rule No. 14 or Gas Rules No 14 and 21, copies attached, Applicant understands
that PGandE does not guarantee electric or gas service to be free from outages, interruptions or curtailments and that the charges for the
Special Facilities represent the additional cost associated With providing the Special Facilities rather than for a guaranteed level of
service reliability.
11. If it becomes necessary for PGandE to alter or rearrange the Special Facilities, including, but not limited to the converSion of
overhead facilities to underground, Applicant shall be notified of such necessity and shall be given the option to either terminate this
Agreement in accordance with paragraphs 12 and 13, or pay to PGandE additional Special FaCilities charges consisting of
(a) A facility termination charge for that portion of the Special Facilities which is being removed because of alteration or
rearrangement. Such charge to be determined In the same manner as described In paragraph 13, plus,
(b) An additional Advance and/or rearrangement costs, If any, for any new Special FaCilities requested which shall be
determined In the same manner as described In paragraph 1, plus,
(c) A revised Equivalent One-Time Payment or monthly charge based on the total net estimated additional Installed costs of all
new and remaining Special FaCilities Such revised Equivalent One-Time Payment or monthly charge shall be determined in the same
manner as described In paragraphs 2 and 3
12. This Agreement shall be effective when executed by the parties hereto and shall remain In effect until terminated by either party
on at least thirty (30) days' advance written notice
13. Upon discontinuance of the use of any Special FaCilities due to termination of service, termination of this Agreement, or
otherwise
(a) Applicant shall pay to PGandE on demand (In addllion to all other monies to which PGandE may be legally entitled by virtue
of such termination) a facility termination charge defined as the estimated Installed cost, plus the estimated removal cost, less the
estimated salvage value for the Special Facilities to be removed, as determined by PGandE In accordance with Its standard accounting
practices PGandE sha!1 deduct from the facility termination charge the Advance plus the unamortized balance of the EqUivalent One-
Time Payment previously paid, If any If the Advance paid plus the unamortized balance of the EqUivalent One-Time Payment IS greater
than the facility terminatIOn charge PGandE shall refund the difference, Without Interest, to the Applicant,
(b) PGandE shall be entitled to remove and shall have a reasonable time In which to remove any portion of the SpeCial FaCilities
located on the Applicants premises,
(c) PGandE may, at Its option, alter, rearrange, conveyor retain In place any portion of the SpeCial Facilities located on other
property off Applicant's premises Where ail or any portion of the SpeCial FaCilities located off Applicant's premises are retamed m place
and used by PGandE to provide permanent service to other customers, an eqUitable adjustment will be made In the facility termination
charge
14. Applicant may With PGandEs wntten consent, assign this Agreement If the assignee thereof will agree in wntmg to perform
Applicant's obligatIOns hereunder Such assignment will be deemed to mclJde, unless otherwise specified therein, all of Applicant's
rights to any refunds which might become due upon dlscontmuance of the use of any SpeCial Facilities
15 This Agreement shall be subject to all of PGandE's applicable tariffs on file and authonzed by the Commission and shall at all
times be subject to such changes or modifications as the CommiSSion may direct from time to time In the exercise of ItS jUrisdiction
Dated this 7$ day of c:cr~ €it-- ,200~
CITY OF GILROY
Applicant
PACIFIC GAS AND ELECTRIC COMPANY
BY !r./~/( &?l! ';_: {/~ <1/ / fuC?
TITLEi1i ~I (( hi{~ .:~ rfij{ '">-P-~! .
I
Mailing Address.
7351 Rosanna St .
Gilroy CA 95020
f7~~
~
BY
-::tJ!loennls OliVier
Service Planning Supervisor, San Jose DIvISion
7
~
~
Attachments Rules 2 and 14 (Electric), or
Rules 2, 14 and 21 (Gas)
79-255 4/82
I
hcIic GIIad Electric ComplllY
DlSlRIBUTION AND SERVICE EXlENSION AGREBlBfT
OPTION 2 - COMPETITIVE BIDDING
PROVISIONS1
1. As indicated in the Declarations, Applicant has elected to have competitive bidding and has awarded a
qualified Contractor or PG&E the responsibility of installing gas and electric service, as applicable, to
the locations desaibed in Exhibit B. These services shall be installed in accordance with the provisions
of PG&E's Rules 2, 15 and 16, General Terms and Conditions, project specific terms and conditions,
design, specifications, and the requirements of this Agreement.
2. Construction Responsibilities of Applicant.
Applicant shall perform or arrange for the performance of the following work required for this project:
Electric Extensions:
.. Route clearing, tree trimming, trenching, excavating, backfilling, and compacting;
. Furnishing of imported backfill material as required and disposal of trench spoil as required;
. Performing necessary surface repair and boring as required;
. Furnishing, installing, and transferring ownership to PG&E of any substructures, conduits, and
protective structures required other than the conduit portion of cable-in-conduit (Rule 15 only);
. Obtaining any necessary construction permits for all work performed by Applicant under this
Agreement
Electric Underground Extensions:
. Installing primary and secondary distribution conductors, poles, pole risers, switches,
transformers, and other distribution facilities required to complete the extension.
Electric Overhead Extensions:
. Installing all facilities required for the pole line extension, including poles, conductors, transformers,
switches, and other devices as might be required.
Gas Extensions:
. Installing gas distribution main pipe, valves, and other related distribution equipment, as specified
by PG&E, required to complete the extension including all necessary trenching, backfilling, and
other digging as required.
. Furnishing, installing and upon acceptance by PG&E, conveying to PG&E the ownership of all
necessary installed substructures and protective structures necessary to contain or support
PG&E's gas facilities.
Applicant agrees to secure and pay for all required permits and licenses which may be required to
fulfill the construction responsibilities from the governmental authority having jurisdiction.
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.
I Automated Document, Preliminary Statement. Part A.
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Applicant shall also pay to PG&E the oosts for substructures and conduits which PG&E had previously
installed at its own expense in anticipation of the current extension. Any necessary riser conduit,
conduit covering, and miscellaneous riser material required for the line extension shall be paid for by
Applicant and shall be installed by PG&E on PG&E owned and maintained facilities.
Upon completion of construction by Applicant and inspection and acceptance by PG&E. title and
ownership for the gas and electric facilities installed under this Agreement shall vest in PG&E in
accordance with the Acceptance and Conveyance section of this Agreement and as specified in the
respective rule.
3. Construction Responsibilities of PG&E.
Except as otherwise provided in the rules, PG&E shall be responsible for:
. Providing inspection service to verify Applicant's performance under this Agreement, as
determined by PG&E; and
. Connecting the applicant-installed facilities to PG&E's energized and pressurized supply system
(system tie-in work), as applicable.
. PG&E will perform its construction responsibilities for the installation of only those facilities that, in
PG&E's judgment. will be used within a reasonable time to serve permanent loads.
4. Power Quality and Voltage Stability.
Under normal load conditions. PG&E will deliver sustained voltage as close to the nominal service
voltages that are economically practical. Any deviations from the normal voltage levels will be no
greater than the service voltage ranges specified in PG&E's Electric Rule 2. Exceptions to voltage
limits are specified in PG&E's Electric Rule 2. Applicant is responsible for planning, designing,
operating and protecting equipment beyond PG&E's delivery point
5. Rule 16 Service Extensions. Service Extensions will be installed in accordance with PG&E's Gas and
Electric Rule 16. Applicant shall be responsible for all service trenching.
6. Street Ughting Facilities. If any street lighting facilities are to be installed, the installation shall be
made in accordance with PG&E's applicable street and highway lighting schedule(s).
7. Overhead to Underground Conversions. In the event there is replacement of existing overhead
electric facilities with underground facilities in conjunction with this project, the conversion shall be
made in accordance with the applicable provisions of PG&E's Electric Rule 20.
In the event that there is an Electric Rule 20.8 or 2O.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 oosts associated with the
extension for the estimated oosts of design. administration and the installation of any additional facilities
necessary to complete the extension, including, but not limited to:
. engineering and administrative oosts,
Form 62-0982
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Advice 2081-G117~
Decisions 97-12-098,97-12-099
Effective Dale: July 1. 1998
. system tie-in work,
. any applicable taxes.
NON-REFUNDABLE: A non-refundable payment, shown in Exhibit A, for the inspections by PG&E of
Distribution System work performed by Applicant or Applicant's contractor, subject to adjustment based
upon actual time spent by PG&E, as well as other non-refundable costs which may include, but are not
limited to:
. re-engineering fees,
. preparation fees for trench composite drawings,
. survey and land rights acquisition costs,
. any applicable taxes.
ALLOWANCES: Allowances for permanent residential and non-residential service are provided in
accordance with Gas and Electric Rule 15 and are included in Exhibit A, as applicable.
ITCC: All contributions and advances by Applicant are taxable and shall include an Income Tax
Component of Contributions (ITCe) at the rate provided in PG&E's Preliminary Statement ITCC will be
either refundable or non-refundable in accordance with the corresponding contribution.
GROUP OF APPLICANTS. The total contribution or advance from a group of applicants will be
apportioned among the members of the group in such manner as they mutually agree.
9. Amount Subject to Refund.
The total refundable amount set forth in Exhibit A - Cost Summary shall be subject to refund, without
interest, on the basis of a new customer's pennanent load connected to the line extension that
produces additional revenue to PG&E in accordance with the following provisions:
Refunds will be made within ninety (90) days aler the date Applicant becomes eligible for a refund
except that refunds may be accumulated to a $50 minimum, or the total refundable balance remaining
is less than $50.
Residential: The refund will be deducted from the total refundable amount. The remaining amount
subject to refund represents that portion of the extension cost not supported by revenues.
Non-residential: PG&E shall review Applicant's actual base annual revenue each year for the first
three years from the date PG&E is first ready to provide service. Applicant shall be responsible for
notifying PG&E if new, permanent load is added the fourth through tenth year from the date PG&E is
first ready to provide service. Such review shall determine if additional revenue supports any refunds
to Applicant.
Refund Period: The total refundable amount is subject to refund for a period of ten (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,
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2. When the amount subject to refund on an extension in a series is fully refunded, the excess
refundable amount will provide refunds to the extension having the oldest outstanding amount
subject to refund in the series.
Gas-only Trenching: If Applicant chooses to perform trenching for PG&E's gas facilities, and
qualifies for a gas extension allowance, PG&E will provide Applicant with a reimbursement or aedit for
PG&E's project-specific estimated cost-per-foot of gas trench upon completion and acceptance by
PG&E.
Outstanding Payments: Applicant or subsequent assignees of this Agreement shall not be eligible for
refunds if there are any outstanding payments due PG&E.
10. Unsupported Extension Cost.
When any portion of the refundable amount has not qualified for a refund at the end of twelve (12)
months for electric service or thirty-six (36) months for gas service from the date PG&E is first ready to
provide service, Applicant will pay to PG&E a cost~f-ownership charge on the remaining refundable
balance. Monthly ownership charges are in addition to the refundable amount, and will normally be
accumulated and deducted from refunds due to Applicant.
Payment of such cost~f-ownership charges will normally be made by deduction from the payments to
be refunded as described in the Amount Subject to Refund section of this Agreement, but such
deduction will not thereafter reduce the amount on which the cost~f~wnership charges are
determined. If the amount remaining in the original refundable payment is insufficient to offset the
cost~f~wnership charge within the 1D-year refund period (desaibed in the Amount Subject to Refund
section of this Agreement) PG&E shall have the right to separately bill Applicant for this deficiency for
the remaining duration of the 10-year refund period. However, the amount subject to cost~f-ownership
charges will continue to be reduced by additional connected loads as defined in the Amount Subject to
Refund section of this Agreement. Such ownership charges shall initially be determined from the
applicable percentage rate established in the Special Facilities section(s) of PG&E's Gas or Electric
Rule 2.
The monthly cost~f-ownership charges herein shall automatically inaease or deaease without formal
amendment to this Agreement if the Commission should subsequently authorize a higher or lower
percentage rate for the monthly cost~f~wnership, effective on the date of such authorization.
This provision does not apply to individual residential applicants.
11. Payment Adjustments.
Contract Compliance. If after six (6) months following the date PG&E is first ready to serve residential
loads for which allowances were granted, one (1) year for non-residentialloads, Applicant fails to take
service, or fails to use the service contracted for, Applicant shall pay to PG&E an additional
contribution.
Excess Facilities: If the loads provided by Applicant(s) results in Applicant, the approved contractor or
PG&E having installed facilities which are in excess of those needed to serve the actual loads, PG&E
may elect to do the following: (1) Applicant shall pay PG&E its estimated cost to remove, abandon,
alter, or replace the excess facilities, including those facilities that PG&E reinforced. enlarged, or
replaced in anticipation of Applicant's proposed load, less the estimated salvage for any removed
facilities, or (2) Applicant shall pay PG&E any Special Facilities charges in accordance with PG&E's
Rule 2 for those facilities, including those facilities that PG&E reinforced, enlarged, or replaced in
anticipation of Applicant's proposed load, which are in excess of those facilities needed to serve
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Applicant's actual load. The total cost of the facilities PG&E reinforced, enlarged, or replaced are
shown in Exhibit A.
Deficiency Charges for Non-Payment: Applicant shall pay PG&E for any administrative and
processing charges associated with collecting any payment adjustments related to this Agreement.
12. Non-Refundable Amounl
Discount Option: Competitive Bidding -Installation by Applicant In lieu of receiving refunds for
the total refundable amount described in the Amount Subject to Refund section, Applicant may elect the
Discount Option. Upon completion, acceptance and conveyance of the gas and electric facilities to
PG&E, in accordance with the provisions of this Agreement, Applicant may elect to receive a lump sum
payment of fifty percent (50%) of the refundable amount as shown in Exhibit A - Cost Summary.
Discount Option: Competitive Bidding - Installation by PG&E In lieu of contributing the total
refundable amount described in the Amount Subject to Refund section, Applicant has the option of
contributing, on a non-refundable basis, fifty percent (50%) of the refundable amount as shown in
Exhibit A - Cost Summary.
Excess Setvice. PG&E's estimated installed costs for Service Extensions in excess of the allowance,
not subject to discount, as defined in PG&E's Gas and Electric Rule 16 as shown in Exhibit A - Cost
Summary are non-refundable.
Other Non-refundable Amounts. Applicant shall pay to PG&E as a non-refundable payment, shown
in Exhibit A, for the inspections by PG&E of Distribution System work performed by Applicant or
Applicant's contractor, subject to adjustment based upon actual time spent by PG&E. as well as other
non-refundable costs which may include, but are not limited to:
. re-engineering fees,
. preparation fees for trench composite drawings,
. survey and land rights acquisition costs,
. any applicable taxes.
13. Non-Standard Equipment Installation and Removal.
When the situation requires the location, installation, maintenance, repair and replacement of
specialized or non-standard utility-owned equipment (Equipment) necessary to provide utility service or
perform utility work, Applicant agrees to pay the costs to install PG&E's equipment. Applicant further
agrees that, should the Equipment need to be replaced for any reason, it shall be Applicant's
responsibility to make arrangements and to pay the cost to have the equipment 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 and
conditions:
. Applicant shall fumish, install, own and maintain the Equipment area within or upon his building at
his sole cost. The construction of the area shall comply with all applicable building code
requirements. The site, access, location, and arrangement of the facilities shall be subject to
PG&E's prior written approval, and any changes or additions thereto shall be made only after
PG&E's prior written approval. Except for required area maintenance by Applicant, under PG&E's
supervision, Applicant shall not have access to the Equipment area.
. Applicant shall make proper arrangements and pay all the costs associated with the initial and all
subsequent installations and removals of PG&E's Equipment into the Equipment area.
Form 62-0982
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Effective Date: July 1. 1998
. Applicant shall furnish, install, own and maintain all primary and secondary conduits within the
property line at his sole cosl The plans for the installation of the secondary service facilities
tennination details, and other associated facilities installed by Applicant for PG&E use shall be
subject to PG&E's prior written approval and shall comply with all applicable code requirements.
. Applicant accepts responsibility for any service interruption that may result from PG&E not having
clear access to the Equipment area.
14. General Access.
Where it is necessary for PG&E to install facilities on Applicant's premises, Applicant hereby grants to
PG&E: (a) the right to install, own and maintain such facilities on Applicant's premises together with
sufficient legal clearance between all structures now or hereafter erected on Applicant's premises; (b)
the right to enter and leave Applicant's premises for any purpose connected with the fumishing of gas
and electric service (meter reading, inspection, testing, routine repairs, maintenance, replacement,
emergency worX, etc.) and the exercise of any and all rights secured to it by law, or under PG&E's
tariff schedules.
15. Land Rights.
Where formal rights-of-way, easements, land leases, or penn its are required by PG&E for the
installation of the facilities on or over Applicant's property, or the property of others, Applicant
understands and agrees that PG&E shall not be obligated to install the Facilities or accept the facilities
installed by Applicant or the approved contractor unless and until any necessary permanent rights-of-
way, easements, land leases, or permits, satisfactory to PG&E, are granted to or obtained for PG&E
without cost to or condemnation by PG&E; however, if PG&E is unable to obtain such land rights,
Applicant shall obtain them. Such easement shall include the right of access and right to trim trees as
necessary to maintain required legal clearances from overhead wires.
16. Acceptance and Conveyance.
In accordance with the PG&E's General Terms and Conditions attached, and upon (a) PG&E's receipt
of any required formal rights-of-way, easements, leases, and penn its, and (b) PG&E's pressurization
and energization of facilities installed by Applicant, Applicant hereby grants and conveys to PG&E, its
successors and assigns, all rights, title and interest in and to all such work and facilities, free and clear
of all liens and encumbrances.
17. Safety Precautions.
Applicant shall ascertain the location of all existing gas and electric facilities of PG&E within the scope
of Applicant's construction area and inspect the area initially and periodically during construction to
verify the location of all existing and new PG&E facilities. Applicant and PG&E shall perform all worX in
compliance with applicable federal, state, and local laws, rules and regulations. Applicant shall inform
all persons doing worX in proximity of the location of PG&E's facilities and ensure that all work of non-
PG&E employees is planned and conducted in a manner to safeguard persons and property from
injury. Work performed in close proximity to PG&E's energized electric facilities and pressurized gas
facilities also shall be perfonned 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 perfonn any work upon PG&E-owned
existing facilities.
18. Delays in Construction.
. Force Majeure. PG&E shall not be responsible for any delay in either the perfonnance of
Applicant's responsibilities under this Agreement, or the installation or completion of the facilities by
PG&E resulting from shortage of labor or materials, strike, labor disturbance, war, riot, weather
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conditions, governmental rule, regulation or order, including orders or judgments of any court or
commission, delay in obtaining necessary land rights, act of God, or any other cause or condition
beyond the control of PG&E.
. Resources. PG&E shall have the right, in the event it is unable to obtain sufficient supplies,
materials, or labor for all of its construction requirements, to allocate materials and labor to
construction projects which it deems, in its sole discretion, most important to serve the needs of its
customers. Any delay in construction hereunder resulting from such allocation shall be deemed to
be cause beyond PG&E's control.
. Inflation. In the event that PG&E is prevented from commencing the installation of the facilities for
reasons beyond its reasonable control within twelve months following the effective date of this
Agreement. PG&E shall have the right to revise the cost figures to reflect any increases in costs
since the original costs were determined. PG&E shall notify Applicant of such increased costs and
give the option to either terminate this Agreement or pay PG&E the additional charges.
19. Change Orders and Relocations.
All standard design or construction changes made in the field, which impact the charges to Applicant,
will be made using PG&E's Agreement Change Order. These field changes, including unforeseen field
conditions which may result in additional work or costs by Applicant, the approved contractor or PG&E,
may require sketch revisions of Exhibit B. Unforeseen field conditions include, but are not limited to,
contaminated soil, obstructions, and weather conditions. The proper execution and attachment of the
Agreement Change Order, and any necessary changes to supersede Exhibit A resulting from the
change order, constitutes formal amendment to this Agreement. Applicant shall pay PG&E for any
such changes in accordance with the appropriate tariff.
EXCEPTION: If the requested changes are in addition to or substitution for the standard Facilities that
PG&E would normally install, then a Special Facilities Agreement shall be required under the provisions
of Section I of Rule 2.
20. Tennination of Agreement.
In the event Applicant has not fulfilled its obligations under this Agreement within twelve (12) months
following the date of this Agreement, and PG&E is unable to proceed hereunder, PG&E shall have the
right to terminate and/or supersede this Agreement upon thirty (30) days' written notice to Applicant.
Upon such notice PG&E will calculate any refundable or additional non-refundable amounts that may
be due based on that portion of the distribution system then completed. utilizing the estimated costs
developed by PG&E for this Agreement.
The superseding Agreement, if any, shall be in the same form as this Agreement, shall be executed by
the parties hereto and shall provide that costs be allocated to the portion of the Distribution System then
completed, if any, consistent with those costs estimated by PG&E for this Agreement.
If this Agreement is terminated as set forth above, Applicant further agrees to forfeit that portion of the
advance paid to PG&E for its expenses covering any engineering, surveying, right~f-way, removal,
acquisition and other associated work incurred by PG&E. If such expenses are greater or less than
the refundable andlor non-refundable payments, Applicant shall pay to PG&E, or PG&E shall refund
the balance without interest, to Applicant, as the case may be.
21. Indemnification and Withholding.
INDEMNIFICATION: Applicant shall indemnify, defend and hold harmless PG&E, its officers, directors,
agents, and employees, from and against all claims, demands, losses, damages, costs, expenses, and
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legal liability connected with or resulting from injury to or death of persons, induding but not limited to
employees of PG&E, Applicant. contractor or subcontractor; injury to property of PG&E. Applicant. or
any third party, or to natural resources, or violation of any local, state or federal law or regulation,
including but not limited to environmental laws or regulations, or strict liability imposed by any law or
regulation; arising out of, related to, or in any way connected with Applicanfs perfonnance of this
Agreement, however caused, regardless of any strict liability or negligence of PG&E, whether active or
passive, excepting only such daims, demands, losses, damages, costs, expenses, liability or violation
of law or regulation as may be caused by the active negligence or willful misconduct of PG&E, its
officers, agents, or employees.
Applicant acknowledges that any daims, demands, losses, damages, costs, expenses, and legal liability
that arise out of, result from, or are in any way connected with the release or spill of any legally
designated hazardous material or waste as a result of the Work perfonned under this Agreement are
expressly within the scope of this indemnity, and that the costs, expenses, and legal liability for
environmental investigations, monitoring. containment, abatement, removal, repair, cleanup, restoration,
remedial Work, penalties, and fines arising from the violation of any local, state, or federal law or
regulation, attorney's fees, disbursements, and other response costs are expressly within the scope of
this indemnity.
Applicant shall, on PG&E's request, defend any action, daim or suit asserting a daim covered by this
indemnity. Applicant shall pay all costs that may be incurred by PG&E in enforcing this indemnity,
including reasonable attorney's fees.
WITHHOLDING: In addition to any other right to withhold, PG&E may withhold from payments due
Applicant hereunder such amounts as, in PG&E's opinion, are reasonably necessary to provide
security against all loss, damage, expense, and liability covered by the foregoing indemnification
provision.
22. Assignment of Contract
Applicant may assign this Agreement, in whole or in part, only if PG&E consents in writing and the
party to whom the Agreement is assigned (Assignee) agrees in writing, to perform the obligations of
Applicant hereunder. Such assignment shall be made using PG&E's Assignment Agreement and shall
be notarized. Assignment of this Agreement shall not release Applicant from any of the obligations
under this Agreement unless otherwise provided therein, shall be deemed to indude Applicant's right to
any refunds then unpaid or which may thereafter become payable.
23. Joint and Several Uability.
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 Tenns and Conditions, Applicant shall warrant that all materials and
workmanship perfonned or otherwise provided by Applicant shall be free of all defects and fit for its
intended purposes. The warranty begins with the date the facilities are energized or pressurized by
PG&E and extends past the date of final acceptance of the Distribution System by PG&E for (a) one
year covering equipment fumished and installed by Applicant or the approved contractor, and (b) two
years plus, covering the trenching and backfilling. In the event Applicant's work or materials provided
under this Agreement fails to conform to the warranty or are damaged as a result of any actions by a
third party, Applicant shall reimburse PG&E its costs for the total cost of repair and/or replacement as
deemed necessary by PG&E. Such reimbursements shall be non-refundable.
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25. Effective Date and Term.
This Agreement shall be binding when (a) the Agreement is signed by Applicant and delivered together
with payment required to PG&E within ninety (90) days of issuance, and (b) the Agreement is
accepted and executed by PG&E. If Applicant is a corporation, partnership, joint venture or a group of
individuals, the subscriber hereto represents that he or she has the authority to bind said corporation,
partners, joint venture or individuals as the case may be.
The term of this Agreement shall commence on the date PG&E's facilities are first ready to supply and
serve, as shown in PG&E's records, and shall then continue in force for a period of ten years, subject
to the termination provision of this Agreement
26. Commission Jurisdiction.
This Agreement shall be subject to all of PG&E's applicable tariff schedules on file with and authorized
by the Commission and shall at all times be subject to such changes or modifications as the
Commission may direct from time to time in the exercise of its jurisdiction. These may 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.
Form 62..0982
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Decisions 97-12"{)98,97-12"{)99
Effective Dale: July 1. 1998
FEB 2 3 2.004