HomeMy WebLinkAboutPacific Gas & Electric (PG&E) 2018-03-15Pas1c Gas and
Electric Company'
David Kelly
Land Rights Services
FLAT SUM CONTRACT
111 Stony Circle
Santa Rosa CA 95401
o - 707 577 7273
f - 707,577.7181
c 707.978,1211
DAK8@PGE.com
THIS AGREEMENT is entered into this /6—day of /14L� /1 , 20 /g, ("Effective
Date") by and between CITY OF UKIAH ("Ukiah") and PACIFIC GAS AND ELECTRIC
COMPANY (PG&E)
RECITALS
1. PG&E owns, operates, and maintains certain Overhead Electric Transmission Line
("facilities").
2. Ukiah contemplates changing the ground level elevations as part of the City of Ukiah
Landfill Closure Project in Mendocino County, California, which may interfere with PG&E's
facilities and/or land rights on and over the former Ukiah Landfill ("the Property").
3. Ukiah has requested and PG&E is willing to provide a survey to provide existing ground
elevations under PG&E's facilities.
AGREEMENT
1. Payment and Performance. Upon receipt by PG&E of payment of $ 11110.00 (Eleven
Thousand One -Hundred Ten Dollars), PG&E will commence and, thereafter survey, review
survey results and provide minimum ground clearance to facilities.
2. Term. The term of this Agreement begins on the Effective Date and continues until the Work
is completed.
3. Coordination. The PG&E and Ukiah will coordinate PG&E's access to the Property with the
goal of providing adequate access for the purposes of this Agreement without undue interference
with the Ukiah's use of the Property.
4. Applicable Law and Regulations. In accessing the Property to perform the Work, PG&E will
comply with all applicable laws, statutes, regulations, ordinances, or directives of whatsoever
nature with respect to the Work including, without limitation, all health, safety, and
environmental laws, directives, ordinances, regulations, or statutes applicable to the performance
of the Work.
5. Restoration. Upon termination of this Agreement, PG&E shall repair and restore any areas of
the Property damaged by performance of the Work and restore the Property to the condition it
was before PG&E commenced the Work.
6. Indemnification. PG&E agrees to indemnify and hold harmless City of Ukiah from any and all
loss, damages or liability connected with City of Ukiah's occupation of said premises or resulting
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David Kelly
Land Rights Services
111 Stony Circle
Santa Rosa CA 95401
o - 707.577.7273
f - 707.577.7181
c 707.978.1211
DAK8@PGE.com
from the injury to or death of any person, or damage to or loss or destruction of any property arising
out of PG&E's negligent acts or omissions or willful misconduct; provided, however, that this
indemnity shall not extend to that portion of such loss or damage that shall have been caused by City
of Ukiah comparative negligence or willful misconduct.
7. Entire Understanding. This Agreement sets forth the entire understanding between the PG&E
and Ukiah with respect to the subject matter of this Agreement and supersedes all prior
negotiations and dealings pertaining to this Agreement.
8. Modification. No change in, addition to, or waiver of any of the provisions of this Agreement
shall be binding upon either party unless it is established in writing and signed by each party.
9. Governing Law. This Agreement is governed by the laws of the State of California.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement by their duly
authorized officers this day and year first hereinabove set.
CITY OF UKIAH
PACIFIC GAS AND ELECTRIC COMPANY
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