HomeMy WebLinkAboutPGE Utility Agreement 172 Fully Executed.pdfSTATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION Local Assistance Procedures Manual
NOTICE TO OWNER – LOCAL ASSISTANCE
LAPM 14-D (NEW 05/2019)
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Number: 2021 - 1
County of Fresno
COUNTY ROUTE/STREET POST MILE PROJECT NUMBER
County of Fresno American Avenue I23101
Federal Aid Number:HPLUL 5942(172)
Owner’s Plan Number:11245
Date:/2021 “On-System”: YES NO
To:Shannon Koontz-Monis
Manager – Land Rights South
Pacific Gas and Electric
1455 E. Shaw Ave., Bag #23
Fresno, CA 93710
Because of the transportation project that consists of Reconstruction of approximately 1.4 miles of American Avenue
from the eastern right-of-way of SR99 to Clovis Avenue, place a Hot Mix Asphalt (HMA) overlay on approximately 2
miles of American Avenue from Clovis Avenue to 100-feet east of Temperance Avenue and realign and signalize the
intersection of American Avenue and Golden State Boulevard.
In County of Fresno, which affects your facilities: 12 existing electric poles as shown on Plan Number 3574
You are hereby ordered to: Relocate your Electric distribution facilities and appurtenances in accordance with your
relocation plan # 35171509 dated , 2020.
Your work schedule shall be from: 0 2021 to 0 /1 /2021
PG&E contractor will notify Jim Polsgrove at (559) 600-4501, 72 hours prior to initial start of work, and an additional 48
hours notification for subsequent starts when the work schedule is interrupted.
Liability is 75% Owner 25% Local Agency pursuant to Franchise Agreement and Superior Rights (Recorded
Easement and prescriptive rights)
Owner Rep:Pa Vang
Land Agent
cc: Resident Engineer By
Permits Steven White
Director of Public Works & Planning
THIS NOTICE DOES NOT CONSTITUTE A PERMIT. OBTAIN AN ENCROACHMENT PERMIT BEFORE STARTING WORK.
Distribution: 1) Owner, 2) Utility Coordinator – File, 3) RE – File
4) DLAE – File, 5) District Utility Coordinator - File
EXHIBIT 14-F Local Assistance Procedures Manual
Utility Agreements
Page 14-27
LPP 07-04 September 28, 2007
Exhibit 14-F Utility Agreements
UTILITY AGREEMENTS
County of Fresno
UTILITY AGREEMENT
County Route P.M. Project #
Fresno American Ave N/A I23101
Fed. Aid. No.: HPLUL 5942(172)
Owner's File: PM#35171509
FEDERAL PARTICIPATION: On the Project: Yes
On the Utilities: Yes
UTILITY AGREEMENT NO. 2 0 2 0 - 1
The County of Fresno hereinafter called "LOCAL AGENCY" proposes to reconstruct American Avenue from SR 99
to Temperance Avenue, in Fresno County, California. The proposed project would reconstruct approximately 1.4
miles of American Avenue from the eastern right-of-way of SR99 to Clovis Avenue, place a Hot Mix Asphalt
(HMA) overlay on approximately 2 miles of American Avenue from Clovis Avenue to 100-feet east of Temperance
Avenue and realign and signalize the intersection of American Avenue and Golden State Boulevard.
And: Pacific Gas and Electric Company
hereinafter called "OWNER," owns and maintains electric facilities; within the limits of LOCAL AGENCY’s
project that requires relocation of said facilities to accommodate LOCAL AGENCY’s project.
It is hereby mutually agreed that:
I. WORK TO BE DONE:
In accordance with Notice to Owner No. 2020-1 dated 0 /05/2021, OWNER shall relocate electric poles and
overhead power lines. All work shall be performed substantially in accordance with OWNER's Plan No.
35171509 dated 0, 2020,
consisting of 9 sheets, a copy of which is on file in the Office of the
LOCAL AGENCY at 2220 Tulare St. 7th Floor. Fresno, CA 93721.
Deviations from the OWNER’s plan described above initiated by either the LOCAL AGENCY or the
OWNER, shall be agreed upon by both parties hereto under a Revised Notice to Owner. Such Revised
Notices to Owner, approved by the LOCAL AGENCY and agreed to/ acknowledged by the OWNER, will
constitute an approved revision of the OWNER’s plan described above and are hereby made a part hereof.
No work under said deviation shall commence prior to written execution by the OWNER of the Revised
Notice to Owner. Changes in the scope of the work will require an amendment to this Agreement in addition
to the revised Notice to Owner.
EXHIBIT 14-F Local Assistance Procedures Manual
Utility Agreements
Page 14-27
LPP 07-04 September 28, 2007
II. LIABILITY FOR WORK
The existing facilities described in Section I above will be relocated at 25% LOCALAGENCY’s expense and
75% OWNER’s expense in accordance with the following proration: 3 poles at 100% County’s expense / 12
poles = 25% of work at County expense. The total estimated cost to the LOCAL AGENCY is $80,918.00.
III. PERFORMANCE OF WORK
OWNER agrees to perform the herein-described work with its own forces or to cause the herein described work
to be performed by the OWNER's contractor, employed by written contract on a continuing basis to perform
work of this type, and to provide and furnish all necessary labor, materials, tools, and equipment required
therefore; and to prosecute said work diligently to completion.
Work performed by OWNER’s contractor is a public work under the definition of Labor Code Section
1720(a) and is therefore subject to prevailing wage requirements; but, work performed directly by Owner’s
employees falls within the exception of Labor Code Section 1720(a)(1) and does not constitute a public
work under Section 1720(a)(2) and is not subject to prevailing wages. OWNER shall verify compliance with
this requirement in the administration of its contracts referenced above.
Use of personnel requiring lodging and meal “per diem” expenses will not be allowed without prior written
authorization by LOCAL AGENCY’s representative. Requests for such authorization must be contained in
OWNER’s estimate of actual and necessary relocation costs. OWNER shall include an explanation why
local employee or contract labor is not considered adequate for the relocation work proposed. Per Diem
expenses shall not exceed the per diem expense amounts allowed under the California Department of
Human Resources travel expense guidelines.”
IV. PAYMENT FOR WORK
The LOCAL AGENCY shall pay its share of the actual and necessary cost of the herein described work within
90 days after receipt of OWNER's itemized bill in quintuplicate, signed by a responsible official of OWNER's
organization and prepared on OWNER's letterhead, compiled on the basis of the actual and necessary cost and
expense incurred and charged or allocated to said work in accordance with the uniform system of accounts
prescribed for OWNER by the California Public Utilities Commission (PUC), Federal Energy Regulatory
Commission (FERC) or Federal Communications Commission (FCC), whichever is applicable.
It is understood and agreed that the LOCAL AGENCY will not pay for any betterment or increase in capacity
of OWNER's facilities in the new location and that OWNER shall give credit to the LOCAL AGENCY for all
accrued depreciation of the replaced facilities and for the salvage value of any material or parts salvaged and
retained or sold by OWNER.
Not more frequently than once a month, but at least quarterly, OWNER will prepare and submit itemized
progress bills for costs incurred not to exceed OWNER's recorded costs as of the billing date less
estimated credits applicable to completed work. Payment of progress bills not to exceed the amount of this
Agreement may be made under the terms of this Agreement. Payment of progress bills which exceed the
amount of this Agreement may be made after receipt and approval by LOCAL AGENCY of
EXHIBIT 14-F Local Assistance Procedures Manual
Utility Agreements
Page 14-27
LPP 07-04 September 28, 2007
documentation supporting the cost increase and after an Amendment to this Agreement has been executed
by the parties to this Agreement.
The OWNER shall submit a final bill to the LOCAL AGENCY within 180 days after the completion of the
work described in Section I above. If the LOCAL AGENCY has not received a final bill within 180 days
after notification of completion of OWNER’s work described in Section I of this Agreement, and LOCAL
AGENCY has delivered to OWNER fully executed Director's Deeds, Consents to Common Use or Joint
Use Agreements as required for OWNER’s facilities; LOCAL AGENCY will provide written notification to
OWNER of its intent to close its file within 30 days. OWNER hereby acknowledges, to the extent allowed
by law that all remaining costs will be deemed to have been abandoned.
The final billing shall be in the form of an itemized statement of the total costs charged to the project, less
the credits provided for in this Agreement, and less any amounts covered by progress billings. However, the
LOCAL AGENCY shall not pay final bills, which exceed the estimated cost of this Agreement without
documentation of the reason for the increase of said cost from the OWNER and approval of documentation
by LOCAL AGENCY. Except, if the final bill exceeds the OWNER’s estimated costs solely as the result of
a revised Notice to Owner as provided for in Section I, a copy of said revised Notice to Owner shall suffice
as documentation.
In any event if the final bill exceeds 125% of the estimated cost of this Agreement, an amended Agreement
shall be executed by the parties to this Agreement prior to the payment of the OWNERS final bill. Any and
all increases in costs that are the direct result of deviations from the work described in Section I of this
Agreement shall have the prior concurrence of LOCAL AGENCY.
Detailed records from which the billing is compiled shall be retained by the OWNER for a period of three
years from the date of the final payment and will be available for audit in accordance with Contract Cost
Principals and Procedures as set forth in 48 CFR, Chapter 1, Subpart E, Part 31 by LOCAL AGENCY
and/or Federal Auditors. In performing work under this Agreement, OWNER agrees to comply with the
Uniform System of Accounts for Public Utilities found at 18 CFR, Parts 101, 201, et al., to the extent they
are applicable to OWNER doing work on the project that is the subject of this agreement, the contract cost
principles and procedures as set forth in 48 CFR, Chapter 1, Part 31, et seq., 23 CFR, Chapter 1, Part 645
and 2 CFR, Part 200, et al. If a subsequent State and/or Federal audit determines payments to be
unallowable, OWNER agrees to reimburse AGENCY upon receipt of AGENCY billing. If OWNER is
subject to repayment due to failure by Local Public Agency (LPA) to comply with applicable laws,
regulations, and ordinances, then LPA will ensure that OWNER is compensated for actual cost in
performing work under this agreement.
V. GENERAL CONDITIONS
All costs accrued by OWNER as a result of LOCAL AGENCY's request of 06/25/2019 to review, study and/or
prepare relocation plans and estimates for the project associated with this Agreement may be billed pursuant to
the terms and conditions of this Agreement.
If LOCAL AGENCY’s project which precipitated this Agreement is canceled or modified so as to eliminate the
necessity of work by OWNER, LOCAL AGENCY will notify OWNER in writing, and LOCAL AGENCY
reserves the right to terminate this Agreement by Amendment. The Amendment shall provide mutually
EXHIBIT 14-F Local Assistance Procedures Manual
Utility Agreements
Page 14-27
LPP 07-04 September 28, 2007
acceptable terms and conditions for terminating the Agreement.
All obligations of LPA under the terms of this Agreement are subject to the acceptance of the Agreement by LPA Board of
Directors or the Delegated Authority (as applicable), the passage of the annual Budget Act by the State Legislature, and the
allocation of those funds by the California Transportation Commission.”
OWNER shall submit a Notice of Completion to the LOCAL AGENCY within 30 days of the completion of the
work described herein.
Where OWNER has prior rights in areas which will be within the highway right of way and where OWNER's
facilities will remain on or be relocated on LOCAL AGENCY highway right of way, a Joint Use Agreement or
Consent to Common Use Agreement shall be executed by the parties.”
It is understood that said highway is a federal aid highway and accordingly, 23 CFR, Chapter 1, Part 645 is
hereby incorporated into this Agreement.
In addition, the provisions of 23 CFR 635.410, BA, are also incorporated into this agreement. The BA
requirements are further specified in Moving Ahead for Progress in the 21st Century (MAP-21), section 1518;
23 CFR 635.410 requires that all manufacturing processes have occurred in the United States for steel and iron
products (including the application of coatings) installed on a project receiving funding from the FHWA.
Owner understands and acknowledges that this project is subject to the requirements of the BA law (23
U.S.C., Section 313) and applicable regulations, including 23 CFR 635.410 and FHWA guidance.
OWNER hereby certifies that in the performance of this Agreement, for products where BA requirements
apply, it shall use only such products for which it has received a certification from its supplier, or provider
of construction services that procures the product certifying BA compliance. This does not include
products for which waivers have been granted under 23 CFR 635.410 or other applicable provisions or
excluded material cited in the Department’s guidelines for the implementation of BA requirements for
utility relocations issued on December 3, 2013.
If, in connection with OWNER’s performance of the Work hereunder, LOCAL AGENCY provides to
OWNER any materials that are subject to the Buy America Rule, LOCAL AGENCY acknowledges and
agrees that LOCAL AGENCY shall be solely responsible for satisfying any and all requirements relative
to the Buy America Rule concerning the materials thus provided (including, but not limited to, ensuring
and certifying that said materials comply with the requirements of the Buy America Rule).
LOCAL AGENCY further acknowledges that OWNER, in complying with the Buy America Rule, is expressly
relying upon the instructions and guidance (collectively, “Guidance”) issued by LOCAL AGENCY and its
representatives concerning the Buy America Rule requirements for utility relocations within the State of
California. Notwithstanding any provision herein to the contrary, OWNER shall not be deemed in breach of this
Agreement for any violations of the Buy America Rule if OWNER’s actions are in compliance with the
Guidance.
Pa N. Vang
Land Agent
1455 E. Shaw Ave., Bag#23
Fresno, CA 93710
Phone: (559) 263-5208
Email: pxvh@pge.com
August 31, 2020
Jim Polsgrove
Senior Engineering Technician
County of Fresno
Department of Public Works and Planning
Design Division
2220 Tulare St. 7th Floor
Fresno, CA 93721
RE: PG&E Liability Determination, PM#35171509
County of Fresno - American Avenue Improvement Project from SH99 to Temperance Avenue
Dear Mr. Polsgrove,
Attached is a copy of Pacific Gas and Electric (PG&E) Plan PM# 35171509, consisting of 9 sheets, showing
the proposed relocation of its electric distribution facilities to accommodate the County’s above-referenced
American Avenue project.
We have reviewed the plans as to the division of costs and the relocation of 3 poles as shown on PG&E’s
plan should be 100% County’s expense as follow:
•1 pole was installed by virtue of the grant of easement from Union Pacific Railroad Company,
dated March 20th, 2014, and recorded as Document No. 2014-0037079 of Official Records, Fresno
County Records. A copy of the easement document is attached for your review.
•1 pole was installed by virtue of the grant of easement from Ralph A. Kazarian and Isabel Kazarian,
dated December 20, 1946, and recorded in Volume 2470 Official Records at page 257, Fresno
County Records. A copy of the easement document is attached for your review.
•1 pole is under a claim of prescription.
The remaining 9 poles should be at PG&E expense since those poles were installed pursuant to the
Franchise Agreement with the County.
The cost for this work should be at 25% County expense and 75% at PG&E expense. We arrived at
this proration by the following method:
STATE’S LIABILITY AS A PERCENTAGE
3 poles at 100% County expense ÷ total 12 poles = 25% of work at County expense
The total estimated cost to perform this work is currently $323,674 which includes applicable credits for
salvage, depreciation and betterment of which the County’s share is 25% or $80,918.
We will require a minimum of 6 months to complete this work once the notification to proceed is received
from the County.
(rev. 5/30/2018)
Land Rights Services
Estimate Billing Breakdown
Job Estimate
Job Description:
EA/Agency Number:
PG&E Order Number:
Land Agent:
LABOR
$84,322
MATERIALS
$68,486
OVERHEAD
$212,275
OTHER $0
=$365,083
=$0
=$18,254
=$9,226
=$13,929
=$0
=$0
=$41,409
=$323,674
APPLICANT'S LIABILITY 25.00% or $80,918
35171509
0
County Fresno American Ave. SH 99 to Temperance
Includes contract work by others and engineering
MATERIAL AND LABOR BREAKDOWN SHEET
Includes poles, x-arms, down guys and anchors, conductors, cables,
insulators, transformers, conduits, pipe, fittings, deep well anode,
regulators & pits, tolls, first aid and conversion materials
Includes labor costs related to General Construction, Field Services,
Project Management, Estimating and Engineering, Mapping, Land
and Environmental, and internal Contract labor
Includes general office and administrative expense and general
construction overheads, AFUDC, Material Burden, Capitalized
A&G and other overheads
Pa Vang
Applicant Non-Refundable Work Credit
Less Estimated 48 CFR 31 Credit
Total Estimated Credits Subtotal
Gross Financial Cost Subtotal
Total Estimated Cost
Less Joint Pole Credits
Less Applicant Cash
Less Salvage and Depreciation Credits
Less Betterment
STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION EXHIBIT
PRESCRIPTIVE RIGHTS CLAIM LETTER 13-EX-19 (REV 4/2009)
(Form #)
To: Utility Coordinator
The Pacific Gas and Electric Company (PG&E) claims a prescriptive right for
its existing overhead distribution pole line facilities ,
located at the northwesterly corner of American Ave & Golden State
Boulevard, outside of the County’s right of way .
Said facilities were originally installed as an adverse use on private property with knowledge of the owner of the property
and without a right of way, permit, lease, or license and have been continuously maintained in the same location for
____more than 10_____ years since the original installation. This being in excess of the statutory requirement of five
years, and as the facilities do not now occupy private property pursuant to any right of way, permit, lease, license or other
permission, the Pacific Gas and Electric Company (PG&E) claims the right to
continue maintenance of the facility involved under a prescriptive right which has been established.
_____________________________
Pa Vang, Land Agent
ROI Mapping
Supporting Easement Documents
Approved Relocation Plans
TCPTCPTCPTCP"L"LINES/LS/LEPR/WR/WEPR/WR/WEPR/WAMERICANAVEAMERICANAVEEPPROTECT EXISTWELLR/W
R/W R/W
34'34'
50'47'
50'53'EPEXISTING EPEXISTING E
20'
36'32'
40'45'3'15'65'50'257'8'229'50'49'12'LEGENDREQUIRED PERMITS5'
MATCHFGTONEWCONCBALLASTTCPEXISTUPRRTRACK"L"LINE"G "LINE6070
"G "LINE"G "LINE"G "LINE"G "LINE"G "LINEEPR/WR/WEP
R/WR/WEP"G "LINEEPR/WR/WEPEXISTUPRRTRACKMATCHFGTONEWCONCBALLASTR/WEXISTUPRRTRACKEPMATCHFGTONEWCONCBALLAST
R /W
R/W
EP
EPEPR/WS/LS/L"G "LINE"G "LINE"G "LINE"G "LINE"G "LINE"G"LINE"P1"LINES/LS/LS/LS/LEPEPEPSBGOLDENSTATEBLVDAVEEPNBGOLDENSTATEBLVDIJOPEPEPR/WR/W
R/W R/W
EPEPR/WINSTALL36'OFCHAINLINKFENCEREMOVE51'OFCHAINLINKFENCEHPHP
HP
HP
EP INSTALL20LFOFCLFENCEREMOVE36LFOFCLFENCE31631T14S,R21E5T15S,R21EEXISTINGEPEXISTINGEPEXISTINGEPEXISTINGEPEPEP314'137'79'117'50'49'12'45'20'46'REQUIREDPERMITSLEGEND206'87'60'31'
"L"LINER/WR/WEPR /W
EPAMERICANAVEAMERICANAVER/WEP"L"LINER/WEPS/LS/L3155T 15 S , R 21 E32T 14 S , R 21 E
50'51'
49'47'EXISTING EP
31'39'
29'37'199'50'50'185'45'LEGENDREQUIRED PERMITS
AMERICANAVER/W"L"LINER/WR/WEPEPR/WEPS/LEP30'30'30'30'
30'30'
17'18'16'16'
16'16'3'3'185'50'7'LEGENDREQUIREDPERMITS
AMERICANAVER/WEP"L"LINER/WEPR/WEPR/WEPR/WEPR/WEPR/WEPR/WEPS/L30'30'
30'30'
30'30'
30'30'
16'16'16'16'
16'16'
16'16'
AMERICANAVE"L"LINER/WEPR/WEPR/WEPR/WEPS/LS/L30'30'
30'30'
16'16'
16'16'
AMERICANAVEAMERICMINNEWAWA AVE"L"LINER/WEP"L"LINER/WEPR/WEPR/WEPS/LS/LR/WEP
EP
R/W
TCP323255T14S,R21ET15S,R21E30'30'
30'30'
16'16'
16'16'3'3'15'LEGENDREQUIREDPERMITS80'44'
AMERICANAVEAMERICANAVER/WEP"L"LINER/WEPR/WEPR/WEPS/L30'30'
30'30'16'16'
16'16'
AMERICANAVER/WEP"L"LINER/WEPR/WEPR/WEPR/WEPR/WEPR/WEPR/WEPS/L30'30'30'30'
30'30'
16'16'16'16'
16'16'40'LEGENDREQUIRED PERMITS