Common use of LIABILITY FOR WORK Clause in Contracts

LIABILITY FOR WORK. In accordance with Section 3 of the Master Agreement, UTILITY OWNER and AUTHORITY shall each be responsible for the cost of the FACILITY WORK as specified herein. Cost Allocation AUTHORITY pays % and UTILITY OWNER pays % of cost of FACILITY WORK The amounts stated herein are estimates of the costs associated with the FACILITY WORK. Authorized expenditures and reimbursements will be based on the terms of the Master Agreement. UTILITY OWNER’s costs for FACILITY WORK shall be developed pursuant to Section 5, “Payment of Work,” of the Master Agreement, and shall be performed in accordance with the procedures set forth in Section 4, “Performance of Work” and Appendix B – Design Build Procedures of this Master Agreement. UTILITY OWNER estimates that its total actual cost for the FACILITY WORK (net of any applicable credits for accrued depreciation, salvage and BETTERMENT), referred to herein as the “ACTUAL COST,” will be approximately $ . UTILITY OWNER’s ACTUAL COST for the FACILITY WORK shall be developed in accordance with 23 C.F.R. 645.117, pursuant to either [check one] A work order accounting procedure prescribed by the applicable Federal or State regulatory body; or An established accounting procedure developed by UTILITY OWNER and which UTILITY OWNER uses in its regular operations. Any costs included in the Actual Cost shall be reasonable, and shall be computed using rates and schedules not exceeding those applicable to similar work performed by or for UTILITY OWNER at UTILITY OWNER’s full expense. The parties agree that % of UTILITY OWNER's Actual Cost will be attributed to BETTERMENT. UTILITY OWNER is responsible for 100% of its costs for FACILITY WORK costs pursuant to this TASK ORDER. Accordingly, UTILITY OWNER is not required to report such costs to AUTHORITY. AUTHORITY’S CONTRACTOR shall prepare a cost estimate for the FACILITY WORK which shall be submitted for AUTHORITY’s approval. Such estimate will reflect appropriate estimated charges for BETTERMENT and salvage value, if any. Upon approval, the parties shall revise this TASK ORDER to incorporate the approved estimate. UTILITY OWNER shall credit AUTHORITY for the actual cost of any BETTERMENT, salvage value, and accrued depreciation on the FACILITIES as required pursuant to the Master Agreement, and pay the AUTHORITY’S CONTRACTOR for the actual cost of any BETTERMENT constructed by AUTHORITY’S CONTRACTOR. [Select (and complete if necessary) the one appropriate provision, and delete the inapplicable provisions] The FACILITY WORK includes BETTERMENT to UTILITY OWNER’s FACILITIES by reason of in the estimated amount of $ . Such estimate has been calculated by multiplying the estimated cost of the FACILITY WORK (including such BETTERMENT) by % (the “BETTERMENT Percentage”). The FACILITY WORK in this TASK ORDER does not include any BETTERMENT The parties have not yet determined if the FACILITY WORK includes any BETTERMENT, or have not yet determined the amount attributable to BETTERMENT. Upon such determination, the parties shall revise this TASK ORDER as appropriate.

LIABILITY FOR WORK. In accordance with Section 3 Cost for facilities shall be allocated between EID and City as follows: 1. City and EID have agreed to the abandonment, relocation, and installation of the Master Agreement, UTILITY OWNER and AUTHORITY shall each be responsible for the cost of the FACILITY WORK as specified herein. Cost Allocation AUTHORITY pays % and UTILITY OWNER pays % of cost of FACILITY WORK The amounts stated herein EID facilities that are estimates of the costs associated in conflict with the FACILITY WORK. Authorized expenditures Project that are within franchise public right of way and reimbursements will be based on the terms of the Master Agreement. UTILITY OWNER’s costs for FACILITY WORK shall be developed pursuant to Section 5, “Payment of Work,” of the Master Agreement, and shall be performed in accordance with the procedures set forth in Section 4, “Performance of Work” and Appendix B – Design Build Procedures of this Master Agreement. UTILITY OWNER estimates that its total actual cost for the FACILITY WORK not within an EID easement as further described herein (net of any applicable credits for accrued depreciation, salvage and BETTERMENT), hereinafter cumulatively referred to herein as the “ACTUAL COST,” will be approximately $ EID Relocation Work”). UTILITY OWNER’s ACTUAL COST for the FACILITY WORK City and EID agree that EID shall be developed in accordance with 23 C.F.R. 645.117, pursuant to either [check one] A work order accounting procedure prescribed by the applicable Federal or State regulatory body; or An established accounting procedure developed by UTILITY OWNER and which UTILITY OWNER uses in its regular operations. Any costs included in the Actual Cost shall be reasonable, and shall be computed using rates and schedules not exceeding those applicable to similar work performed by or for UTILITY OWNER at UTILITY OWNER’s full expense. The parties agree that % of UTILITY OWNER's Actual Cost will be attributed to BETTERMENT. UTILITY OWNER is responsible for 100% of its the actual costs associated with the EID Relocation Work affected by City’s construction project, as expressly identified in Exhibit B marked “COST ESTIMATE SUMMARY,” incorporated herein and made by reference a part hereof. a) The EID cost for FACILITY WORK items EID is responsible for is estimated to be approximately $841,973.00 including a 10% contingency, as shown on Exhibit B herein. 2. As the construction work progresses, City shall submit invoices to EID, no more frequently than monthly, with supporting documentation indicating the percentage of the work completed since the previous submittal and the amount of costs pursuant then due and owing. The invoices submitted by City to this TASK ORDEREID will include an accounting of any amount retained by City from the contractor. AccordinglyEID will not be liable for payment of any retention amount shown on the invoices until City pays retention either to the contractor or subcontractor(s) or into an escrow account as provided under the Public Contract Code, UTILITY OWNER whichever occurs first. EID shall make payment of the amount indicated on the invoice within thirty (30) calendar days of receiving each invoice, unless an invoice is challenged in accordance with subsection (3) herein below, in which case EID shall make payment of that portion of the invoice which is not required to report in dispute within thirty (30) calendar days of receiving the invoice. 3. In the event that EID challenges any portion of, or any line item shown on, the invoice from City, then EID shall notify City of such costs to AUTHORITY. AUTHORITY’S CONTRACTOR shall prepare a cost estimate challenge, the basis therefore, and provide adequate justification for the FACILITY WORK which shall challenge, within ten (10) calendar days of receiving said invoice. If the payment of, or adjustment to, any amount challenged by EID cannot be submitted for AUTHORITY’s approval. Such estimate will reflect appropriate estimated charges for BETTERMENT and salvage value, if any. Upon approval, resolved by the parties within thirty (30) calendar days of notification to City of the challenged amount, then both parties mutually agree to resolve the dispute in accordance with the dispute resolution provisions set forth in City’s construction contract. 4. The final invoice sent by City to EID shall revise this TASK ORDER to incorporate include and clearly indicate any adjustments made throughout the approved estimate. UTILITY OWNER shall credit AUTHORITY for Project, including the actual cost total amount of any BETTERMENT, salvage valueretention due from all previous invoices, and accrued depreciation on indicate the FACILITIES as required pursuant final payment required. City shall submit the final invoice no later than sixty (60) calendar days after final payment to City’s contractor has been made. EID shall pay the final invoice within thirty (30) calendar days of receipt of invoice, subject to the Master Agreement, and pay the AUTHORITY’S CONTRACTOR provisions of Section B-3 of this Agreement regarding submittal by City to EID of as-built drawings. 5. The contractor shall provide City with monthly updates per Caltrans specifications for the actual cost of any BETTERMENT constructed by AUTHORITY’S CONTRACTOR. [Select Progress Schedule General (and complete if necessary) the one appropriate provision, and delete the inapplicable provisions] The FACILITY WORK includes BETTERMENT to UTILITY OWNER’s FACILITIES by reason of in the estimated amount of $ . Such estimate has been calculated by multiplying the estimated cost of the FACILITY WORK (including such BETTERMENT) by % (the “BETTERMENT Percentage”Critical Path Method). The FACILITY WORK in this TASK ORDER does not include any BETTERMENT The parties have not yet determined if the FACILITY WORK includes any BETTERMENT, or have not yet determined the amount attributable to BETTERMENT. Upon such determination, the parties shall revise this TASK ORDER as appropriateCity will supply EID with a copy of these monthly updated schedules.

LIABILITY FOR WORK. In accordance with Section 3 Cost for facilities shall be allocated between EID and City as follows: 1. City and EID have agreed to the removal, and relocation of the Master Agreement, UTILITY OWNER and AUTHORITY shall each be responsible for the cost of the FACILITY WORK as specified herein. Cost Allocation AUTHORITY pays % and UTILITY OWNER pays % of cost of FACILITY WORK The amounts stated herein are estimates of the costs associated with the FACILITY WORK. Authorized expenditures and reimbursements an existing EID wholesale meter that will be based on bypassed by the terms of the Master Agreement. UTILITY OWNER’s costs for FACILITY WORK shall be developed pursuant to Section 5, “Payment of Work,” of the Master Agreement, Project that is within City owned property and shall be performed in accordance with the procedures set forth in Section 4, “Performance of Work” and Appendix B – Design Build Procedures of this Master Agreement. UTILITY OWNER estimates that its total actual cost for the FACILITY WORK not within an EID easement as further described herein (net of any applicable credits for accrued depreciation, salvage and BETTERMENT), hereinafter cumulatively referred to herein as the “ACTUAL COST,” will be approximately $ EID Relocation Work”). UTILITY OWNER’s ACTUAL COST for the FACILITY WORK City and EID agree that EID shall be developed in accordance with 23 C.F.R. 645.117, pursuant to either [check one] A work order accounting procedure prescribed by the applicable Federal or State regulatory body; or An established accounting procedure developed by UTILITY OWNER and which UTILITY OWNER uses in its regular operations. Any costs included in the Actual Cost shall be reasonable, and shall be computed using rates and schedules not exceeding those applicable to similar work performed by or for UTILITY OWNER at UTILITY OWNER’s full expense. The parties agree that % of UTILITY OWNER's Actual Cost will be attributed to BETTERMENT. UTILITY OWNER is responsible for 100% of its the actual costs associated with the EID Relocation Work affected by City’s construction project, as expressly identified in Exhibit B marked “COST ESTIMATE SUMMARY,” incorporated herein and made by reference a part hereof. 2. The City shall submit an invoice to EID with supporting documentation for FACILITY WORK costs pursuant the total cost due when field acceptance for the Project has been granted. The invoice submitted by City to this TASK ORDEREID will include an accounting of any amount retained by City from the contractor. AccordinglyEID will not be liable for payment of any retention amount shown on the invoices until City pays retention either to the contractor or subcontractor(s) or into an escrow account as provided under the Public Contract Code, UTILITY OWNER whichever occurs first. EID shall make payment of the amount indicated on the invoice within thirty (30) calendar days of receiving the invoice, unless the invoice is challenged in accordance with subsection (3) herein below, in which case EID shall make payment of that portion of the invoice which is not required to report in dispute within thirty (30) calendar days of receiving the invoice. 3. In the event that EID challenges any portion of, or any line item shown on, the invoice from City, then EID shall notify City of such costs to AUTHORITY. AUTHORITY’S CONTRACTOR shall prepare a cost estimate challenge, the basis therefore, and provide adequate justification for the FACILITY WORK which shall challenge, within ten (10) calendar days of receiving said invoice. If the payment of, or adjustment to, any amount challenged by EID cannot be submitted for AUTHORITY’s approval. Such estimate will reflect appropriate estimated charges for BETTERMENT and salvage value, if any. Upon approval, resolved by the parties within thirty (30) calendar days of notification to City of the challenged amount, then both parties mutually agree to resolve the dispute in accordance with the dispute resolution provisions set forth in City’s construction contract. 4. The final invoice sent by City to EID shall revise this TASK ORDER to incorporate include and clearly indicate any adjustments made throughout the approved estimate. UTILITY OWNER shall credit AUTHORITY for Project, including the actual cost total amount of any BETTERMENT, salvage valueretention due from all previous invoices, and accrued depreciation on indicate the FACILITIES as required pursuant final payment required. City shall submit the final invoice no later than sixty (60) calendar days after final payment to City’s contractor has been made. EID shall pay the final invoice within thirty (30) calendar days of receipt of invoice, subject to the Master Agreement, and pay the AUTHORITY’S CONTRACTOR provisions of Section B-3 of this Agreement regarding submittal by City to EID of as-built drawings. 5. The contractor shall provide City with monthly updates per Caltrans specifications for the actual cost of any BETTERMENT constructed by AUTHORITY’S CONTRACTOR. [Select Progress Schedule General (and complete if necessary) the one appropriate provision, and delete the inapplicable provisions] The FACILITY WORK includes BETTERMENT to UTILITY OWNER’s FACILITIES by reason of in the estimated amount of $ . Such estimate has been calculated by multiplying the estimated cost of the FACILITY WORK (including such BETTERMENT) by % (the “BETTERMENT Percentage”Critical Path Method). The FACILITY WORK in this TASK ORDER does not include any BETTERMENT The parties have not yet determined if the FACILITY WORK includes any BETTERMENT, or have not yet determined the amount attributable to BETTERMENT. Upon such determination, the parties shall revise this TASK ORDER as appropriateCity will supply EID with a copy of these monthly updated schedules.