HomeMy WebLinkAboutAgreement A-21-299 with Pacific Gas and Electric Company.pdfPage 1 of 7
TEMPORARY CONSTRUCTION EASEMENT
The County of Fresno, a political subdivision of the State of California, (“Property Owner”)
hereby grants to PACIFIC GAS AND ELECTRIC COMPANY, a California corporation
(“PG&E”), a temporary construction easement (“TCE”), to be used in connection with PG&E’s
Manchester Substation fence project (“PG&E’s Project”), within Property Owner’s real
property, which is situated in the City of Fresno, County of Fresno, State of California, identified
as 1925 E. Dakota Avenue, County Assessor’s Parcel Number 436-260-20 (the “Property”).
1.TCE Activities. The activities allowed under this TCE are described as follows:
(a)use for laydown and staging purposes, and construction equipment thereon;
the area outlined in RED on the map attached hereto and made a part hereof,
construction materials and equipment associated to the fence project.
(b)Parking of vehicles for unloading materials associated to the project,
within the area outlined in yellow on the map attached hereto and made
part hereof.
The activities described above shall be within the area(s) delineated on the map attached and
collectively referred to as (“Temporary Easement Area”).
2.Term. The term of this TCE shall be for a period of two (2) months, commencing on June
23, 2021, through and including August 23, 2021 (the “Term”). PG&E shall have the right,
subject to the terms herein, to extend the Term on a month to month basis for up to four (4)
month(s) by giving the Property Owner written notice of its intention to extend the Term
prior to the expiration of the Term. This TCE shall be irrevocable during the Term, except in
the case of material breach of the terms and conditions of this TCE.
3.Compensation. PG&E shall pay Property Owner one thousand dollars ($1,000.00) per
month, for a total amount of two thousand dollars ($2,000.00) as compensation for this
TCE, and shall deliver the total payment after receiving a completed IRS W-9 Form and
an executed copy of this TCE. If PG&E extends the Term of this TCE, PG&E shall pay
Property Owner one thousand dollars ($1,000.00) per month, or a prorated amount for
any partial months, for the duration of the extended Term.
4.Exclusive Use; Reasonable Care; Access; Fencing. During the Term of this TCE,
PG&E shall have the exclusive right to use the Temporary Easement Area and the right
of ingress to and egress from the Temporary Easement Area, as shown on the attached
map. PG&E warrants that it and its agents, employees, contractors, and assigns shall
utilize reasonable care in all of its activities conducted pursuant to this TCE; PG&E
shall erect and maintain temporary fencing and gates with a locking device to enclose
the Temporary Easement Area, and shall remove such fencing and gates at the end of
the Term, and repair any damage caused to the Property by such gates and fencing.
5.Indemnification. PG&E shall indemnify, defend, and hold harmless Property Owner
and each of its officers, officials, employees, agents and volunteers against any loss,
liability, fines, penalties, forfeitures, costs and damages and from any and all claims,
demands and actions in law or equity (including attorney's fees and costs), arising or
alleged to have arisen directly or indirectly from the negligent or intentional acts or
Agreement No. 21-299
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omissions, or willful misconduct of PG&E or of its agents, contractors, consultants,
or employees in PG&E’s performance of this TCE, provided, however, that this
indemnity shall not extend to that portion of such loss or damage that shall have been
caused by Property Owner’s comparative negligence or willful misconduct.
6.Compliance with Laws. Interpretation and enforcement of this TCE shall be
governed by the laws of the State of California. Venue for purposes of the filing of
any action regarding the enforcement or interpretation of this Agreement any rights
and duties hereunder shall be in the County of Fresno, California. In exercising the
rights granted under this TCE, PG&E shall comply with all laws, ordinances, and
regulations pertaining to its use. PG&E is required under State and local law to
restabilize any disturbed project location within the Temporary Easement Area in
order to control soil erosion and sediment runoff, in accordance with applicable
project permits. PG&E shall have the right to access the Temporary Easement Area
as reasonably necessary to allow it to meet any applicable project permit obligations
after the Term.
7.Restoration. Upon completion of PG&E’s Project, PG&E shall repair any damage and
restore the Temporary Easement Area to as near as practicable to the condition that
existed prior to PG&E use under this TCE. PG&E shall remove all personal property.
PG&E shall not be responsible for removing any gravel from the Temporary Easement
Area, and Property Owner shall own and assume all maintenance and liability associated
with the gravel.
8.Insurance. Without limiting the Property Owner’s right to obtain indemnification
from PG&E or any third parties, PG&E, at its sole expense, shall maintain in full
force and effect, the following insurance policies or a program of self-insurance,
including but not limited to, an insurance pooling arrangement or Joint Powers
Agreement (JPA) throughout the term of the TCE:
a.Commercial General Liability
Commercial General Liability Insurance with limits of not less than
Two Million Dollars ($2,000,000.00) per occurrence and an annual
aggregate of Four Million Dollars ($4,000,000.00). This policy shall be
issued on a per occurrence basis. Property Owner may require specific
coverages including completed operations, products liability, contractual
liability, Explosion-Collapse-Underground, fire legal liability or any other
liability insurance deemed necessary because of the nature of this contract.
b. Personal Property Insurance – Property insurance covering the personal
property of PG&E.
c.Automobile Liability
Comprehensive Automobile Liability Insurance with limits of not
less than One Million Dollars ($1,000,000.00) per accident for bodily injury
and for property damages. Coverage should include any auto used in
connection with this TCE.
d. Worker's Compensation
A policy of Worker's Compensation insurance as may be required
by the California Labor Code.
e.Additional Requirements Relating to Insurance
PG&E shall obtain endorsements to the Commercial General
Liability insurance naming the County of Fresno, its officers, agents, and
employees, individually and collectively, as additional insured, but only
insofar as the operations under this TCE are concerned. Such coverage for
additional insured shall apply as primary insurance and any other insurance,
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or self-insurance, maintained by Property Owner, its officers, agents and
employees shall be excess only and not contributing with insurance
provided under PG&E’s policies herein. This insurance shall not be
cancelled or changed without a minimum of thirty (30) days advance
written notice given to Property Owner.
PG&E hereby waives its right to recover from Property Owner, its
officers, agents, and employees any amounts paid by the policy of worker’s
compensation insurance required by this TCE. PG&E is solely responsible
to obtain any endorsement to such policy that may be necessary to
accomplish such waiver of subrogation, but PG&E’s waiver of subrogation
under this paragraph is effective whether or not PG&E obtains such an
endorsement.
Within Thirty (30) days from the date PG&E signs and executes
this TCE, PG&E shall provide certificates of insurance and endorsement as
stated above for all of the foregoing policies, as required herein, to the
County of Fresno, (Dawan Utecht, Director, 1925 E. Dakota Avenue,
Fresno, CA 93726), stating that such insurance coverage have been
obtained and are in full force; that the County of Fresno, its officers, agents
and employees will not be responsible for any premiums on the policies;
that for such worker’s compensation insurance the CONTRACTOR has
waived its right to recover from the COUNTY, its officers, agents, and
employees any amounts paid under the insurance policy and that waiver
does not invalidate the insurance policy; that such Commercial General
Liability insurance names the County of Fresno, its officers, agents and
employees, individually and collectively, as additional insured, but only
insofar as the operations under this TCE are concerned; that such coverage
for additional insured shall apply as primary insurance and any other
insurance, or self insurance, maintained by Property Owner, its officers,
agents and employees, shall be excess only and not contributing with
insurance provided under PG&E’s policies herein; and that this insurance
shall not be cancelled or changed without a minimum of thirty (30) days
advance, written notice given to Property Owner.
In the event PG&E fails to keep in effect at all times insurance
coverage as herein provided, the Property Owner may, in addition to other
remedies it may have, suspend or terminate this TCE upon the occurrence
of such event.
All policies shall be issued by admitted insurers licensed to do
business in the State of California, and such insurance shall be purchased
from companies possessing a current A.M. Best, Inc. rating of A FSC VII
or better.
9.Independent Contractor. In performance of the work, duties and obligations assumed
by PG&E under this TCE, it is mutually understood and agreed that PG&E, including
any and all of the PG&E’s officers, agents, and employees will at all times be acting
and performing as an independent contractor, and shall act in an independent capacity
and not as an officer, agent, servant, employee, joint venturer, partner, or associate of
the Property Owner. Furthermore, Property Owner shall have no right to control or
supervise or direct the manner or method by which PG&E shall perform its work and
function. However, Property Owner shall retain the right to administer this TCE so as
to verify that PG&E is performing its obligations in accordance with the terms and
conditions thereof.
Because of its status as an independent contractor, PG&E shall have absolutely no
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right to employment rights and benefits available to Property Owner employees. PG&E
shall be solely liable and responsible for providing to, or on behalf of, its employees all
legally required employee benefits. In addition, PG&E shall be solely responsible and
save Property Owner harmless from all matters relating to payment of PG&E’s
employees, including compliance with Social Security withholding and all other
regulations governing such matters. It is acknowledged that during the term of this
TCE, PG&E may be providing services to others unrelated to the Property Owner or to
this TCE.
10.Representation. Property Owner represents and warrants the Temporary Easement
Area is vacant, and free from any encumbrances that would unreasonably interfere with
PG&E’s full enjoyment of this TCE.
11.Entire Agreement. This TCE supersedes all previous oral and written agreements between
and representation by or on behalf of the parties, and constitutes the entire agreement of the
parties with respect to the subject matter hereof. This TCE may not be amended except by a
written agreement.
12.Notices. The persons and their addresses having authority to give and receive notices under
this TCE include the following:
If to Property Owner:
Fresno County-Department of Behavioral Health Facilities
1925 E. Dakota Avenue
Fresno, CA 93726
If to PG&E:
Land Acquisitions
Cathy Rodriguez
1455 E. Shaw Avenue
Fresno, CA 93710
All notices between Property Owner and PG&E provided for or permitted under this
TCE must be in writing and delivered either by personal service, by first-class United
States mail, by an overnight commercial courier service, or by telephonic facsimile
transmission. A notice delivered by personal service is effective upon service to the
recipient. A notice delivered by first-class United States mail is effective three (3) Property
Owner business days after deposit in the United States mail, postage prepaid, addressed to
the recipient. A notice delivered by an overnight commercial courier service is effective
one (1) Property Owner business day after deposit with the overnight commercial courier
service, delivery fees prepaid, with delivery instructions given for next day delivery,
addressed to the recipient. A notice delivered by telephonic facsimile is effective when
transmission to the recipient is completed (but, if such transmission is completed outside
of Property Owner business hours, then such delivery shall be deemed to be effective at
the next beginning of a Property Owner business day), provided that the sender maintains
a machine record of the completed transmission. For all claims arising out of or related to
this TCE, nothing in this section establishes, waives, or modifies any claims presentation
requirements or procedures provided by law, including but not limited to the Government
Claims Act (Division 3.6 of Title 1 of the Government Code, beginning with section 810).
13.Authority of Signatory. Each party to this TCE warrants to the other that it has the right
and authority to enter into and consummate this TCE and all related documents.
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14.Successors, Heirs, and Assigns. This provisions of this TCE shall inure to the benefit of and
bind the successors and assigns of the respective parties.
15.Electronic Signatures. This TCE may be executed by electronic signature(s), and
transmitted either by facsimile or in a portable document format (“pdf”) version by email and
such electronic signature(s) shall be deemed as original for purposes of this TCE and shall
have the same force and effect as a manually executed original.
16.Execution in Counterparts. This TCE may be executed in two (2) or more counterpart
copies, each of which shall be deemed as an original, and all of which, when taken together,
shall constitute one and the same instrument.
EXECUTED as of the date first herein written.
PG&E
(~~tiw
Cathy Rodriguez, Senior Right of
Way Agent
Print Name & Title
1455 East Shaw Avenue
Fresno, CA 93710
Mailing Address
FOR ACCOUNTING USE ONLY:
Fund:0001
Subclass: 10000
ORG: 56302005
Account: 3404
By:
PROPERT ~
Steve Brand~man of the Board of
Supervisors of the County of Fresno
ATTEST:
Bernice E. Seidel
Clerk of the Board of Supervisors
County of Fresno, State of California
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Temporary Construction Easement (Rev. 03/19)
Manchester
Substation
Temporary
Fence Area