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LEWIS BRISBOIS BISGAARD & SMITH LLP
SHANE SINGH, SB# 202733 - ena 2s,
E-Mail: Shane.Singh@lewisbrisbois.com
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GRACE E. MEHTA, SB# 327676 JUN 13 2023
E-Mail: Grace.Mehta@lewisbrisbois.com
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2020 West El Camino Avenue, Suite 700 fat Jonald
Sacramento, California 95833 ata aterk
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Telephone: 916.564.5400
Facsimile: 916.564.5444
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Attorneys for Defendant, ASOMEO
Bn
ENVIRONMENTAL RESTORATION
INDUSTRY, LLC
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SUPERIOR COURT OF THE STATE OF CALIFORNIA
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COUNTY OF SACRAMENTO
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—_—
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JAY ROBINSON and HUGO PINEDA, CASE NO. 34-2019-00262942-CU-OE-GDS
—_—
individually and on behalf of all others
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similarly situated, DECLARATION OF AKAN ISMAILI
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KAHN IN SUPPORT OF DEFENDANT’S
Plaintiffs, OPPOSITION TO MOTION FOR CLASS
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BY FAX
CERTIFICATION
vs.
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Date: June 27, 2023
ASOMEO ENVIRONMENTAL Time: 9:00 a.m.
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RESTORATION INDUSTRY, LLC, a Dept.: 54
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California Corporation and PHILLIPS &
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JORDAN INC., a North Carolina Corporation | Action Filed: August 16, 2019
and DOES 1-10, Trial Date: None Set
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Defendants.
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DECLARATION OF AKAN ISMAILI
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I, Akan Ismaili, declare as follows:
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1. Iam Asomeo Environmental Restoration Industry, LLC (“AERI’”’)’s Chairman.
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2. I have personal knowledge of the facts set forth herein, and if called as a witness to
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testify thereto, I could competently and truthfully do so.
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3. In 2018, Phillips & Jordan hired AERI to work as a subcontractor on Pacific Gas
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and Electric Company (“PG&E”)’s Campfire Felling Units Project (the “Project”). In order to
perform work on this Project, AERI entered into an agreement with Phillips & Jordan which
LEWIS
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BRISBOIS 93649633.1 1
BISGAARD DECLARATION OF AKAN ISMAILI IN SUPPORT OF DEFENDANT’S OPPOSITION TO MOTION FOR
& SMIIH LIP
ATTORNEYS AT LAW CLASS CERTIFICATION
= among other requirements, mandated that AERI be bound by all contract documents with PG&E
related to this Project. A true and correct copy of the Master Work Order between AERI and
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Phillips & Jordan with my signature is attached hereto as Exhibit A.
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4. Phillips & Jordan and PG&E required all work on the Project be subject to the
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Terms and Conditions of the executed agreement between AERI and the International
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Brotherhood of Electrical Workers (“IBEW”). A true and correct copy of the 2019 agreement
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between AERI and IBEW with my signature is attached hereto as Exhibit B.
5. At the conclusion of the Project, AERI ceased its work as a subcontractor for
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Phillips & Jordan and instead became a primary contractor for PG&E. As such, AERI entered
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into a subsequent agreement with IBEW. A true and correct copy of the 2020-2022 agreement
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between AERI and IBEW with my signature is attached hereto as Exhibit C.
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6. AERI continues to perform work for PG&E but has since expanded its client base
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to include clients that do not require a union membership and who are not subject to a union
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agreement.
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I declare under penalty of perjury under the laws of the State of California that the
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foregoing is true and correct and that this declaration was executed on this_12th day of June,
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2023, at Sacramento, California.
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LEWIS 93649633.1 2
BRISBOIS
BISGAARD
&SMIHLP
ATTORNEYS AT LAW
DECLARATION OF AKAN ISMAILI IN SUPPORT OF DEFENDANT’S OPPOSITION TO MOTION FOR
CLASS CERTIFICATION
EXHIBIT A
Phillips and Jordan, Incorporated
10201 Parkside Drive, Suite 300
Knoxville, TN 37922
TEL: (865) 392-3000 / FAX: (865) 392-3090
MASTER WORK ORDER
Subcontractor: | AERI (Asomeo Environmental Restoration Industry)
950 9th St 16th Fl #44
_ Sacramento CA 95814
Continuing Subcontract No.: /2018-AER 7
Work Order No.: "391 9001-AER
Effective Date of Work Order: 01/28/2019
Expiration Date of Work Order 7 | 12/31/2019
Project: | PG&E CAMP FIRE FELLING UNITS —
‘Location: _ . 7 | PG&E’s | Service Territory
Owner: OO "| Pacificic Gas
¢ and Electric Company (PG&E)
| Project NNo.: | 3919001 |' Contact Person: | Akan Ismaili. i TEL: /@17) 359-5148
IMPORTANT: ACCEPTANCE OF THIS WORK ORDER IS SUBJECT TO
THE TERMS AND CONDITIONS OF THIS WORK ORDER
Scope of Services:
The Subcontractor will furnish and pay for all supporting costs, materials, supervision and equipment
to perform fuel reduction tree work, herbicide application, large wood removal activities, and remove
and/or trim_designated or wildfire risk trees and vegetation along the access roads within PG&E’s
service territory as outlined in the Schedule of Values below.
Performance Schedule:
Subcontractor is to begin work at Contractor’s written request and continue in an uninterrupted and
consistent manner so as not to impede or hinder Contractor’s schedule or cause the project not to be
completed on schedule.
Contract Type: Time and Material /[Unit Price / Lump Sum
Contract Value: The contract amount will be based on the final quantity audit performed by Owner,
Special Payment Requirements:
The Schedule of Values is based on the following assumptions or clarifications:
AN EQUAL OPPORTUNITY EMPLOYER
CONTRACTOR INITIALS SUBCO ‘OR INITIALS
Work Order No. 3919001-AER , Page | of6
1) Beginning after the first week of work, a weekly cycle of days starting on Sunday morning at 12:01
a.m. and ending on Saturday night at midnight, is considered a pay period. Within approximately
nine (9) days after completion of each full weekly cycle, Contractor will provide Subcontractor
with an invoice worksheet showing quantities for each CLIN above for the pay
period. Subcontractor will review the invoice worksheet and either approve it or resolve any
discrepancies with the Contractor. Contractor is the final authority on any invoice discrepancies
that are not resolved; however, the Subcontractor may continue to pursue reimbursement under the
“DISPUTES” provision of the Subcontract.
2) Subcontractor will receive payment within seven (7) days after approval of the invoice by
Contractor. Subcontractor acknowledges that Contractor is releasing funds to subcontractor prior
to acceptance and payment of delivered quantities by the owner. It is anticipated that the Owner
will conduct extensive reviews and audits of Contractor invoices for goods or services provided by
Subcontractor and for funds paid by Contractor to Subcontractor.
3) Subcontractor must retain a hard copy of each hourly crew sheet/daily report. This ticket is the
source document for payments and will aid in reconciliation.
4) All work shall be done in accordance with the Contract between Owner and Contractor. Quantities
are on an “as ordered” basis and will not be paid unless ordered by Contractor.
5) All invoices and payment inquiries shall be directed to Clint Stephens at
clints(@:pandj.com.
_Description _ __ Quantity Unit ———_ Unit Price_
See Attachment A — Rate Schedule
Total Amount: § NIA
Insurance:
Subcontract shall strictly comply with the insurance requirements as stated in the previously
distributed “Tree Pruning, Tree and Brush Removal, and Reliability Tree Pruning - Insurance
Instruction Sheet” which is made part of this Work Order as Attachment B.
Contractor retains the right to modify Subcontractor’s insurance limits and types during the term of
this Work Order, according to Owner’s requirements.
Bond Required: yess /no_X_
Special Terms and Conditions:
1) Subcontractor agrees to be bound by all Contract documents forming Master Service Agreement
No. C612 (Formerly: 4400011339) with Pacific Gas and Electric Company (PG&E), be they listed
in full text, modified text, or referenced text, in the performance of this subcontract/purchase order.
All such provisions are incorporated herein by reference as fully set forth herein verbatim.
AN EQUAL OPPORTUNITY EMPLOYER a , |
CONTRACTOR INITIALS SUBCONT OR {INITIALS
Work Order No.. 391900)-AER Page 2 of6
a. All work on this Contract is subject to inspection and test by Pacific Gas and Electric
Company at any time and place. Subcontractor further agrees to insert this clause into all
material purchase agreements.
2) Asacondition of your subcontract, PG&E requires you to meet their safety pre-qualification
requirements by subscribing to [SNetworld and obtaining an acceptable grade in ISNetworld
for PG&E, Phillips & Jordan will not be allowed to use subcontractors on PG&E projects
that have not registered in ISNetworld and obtained an acceptable grade for PG&E. To begin
the subscription process, contact ISN Customer Service at (800) 976-1303, email
CustomerService@isn.com or visit www.isnetworld.com. See Attachment E.
3) As a first-tier subcontractor your firm is restricted from further subcontracting to the second tier
without prior authorization.
4) Subcontractor shall pay its personnel wages which meet or exceed the current Prevailing Wage
Determination for the classification applicable to the specific work performed. See AttachmentA
for the minimum hourly wage rate requirements for this project.
a. Subcontractor shall submit a certified copy of its weekly payroll, including benefits, broken
out by department for all work that is subject to this Section. Certified payroll reports
should be submitted to:
Alice Lee, alee@pandj.com,
Rose Fournier, rfournier@pandj.com,
Mark O’Callaghan, mocallaghan@pandj.com.
5) Claims Procedures: Subcontractor shall report to Contractor’s Representative each case of injury
to or death of person or injury to property immediately after knowledge of the occurrence.
Subcontractor shall make every effort to promptly acknowledge and satisfactorily settle, within
reasonable time after it arises or occurs, any joss, damage, expense, or liability for which
Subcontractor is responsible under this Subcontract. Subcontractor shall promptly resolve at
Subcontractor’s expense, all claims for private property damage or loss caused by Subcontractor.
6) Contractor Safety Program: Subcontractor represents and warrants that it will perform all
applicable Work in compliance with Phillips and Jordan’s and PG&E’s Contractor Safety Program
Standard Contract Requirements. The Contractor Safety Program Standard Contract Requirements
are included as Attachment C and are hereby incorporated into this Contract. Subcontractor’s
failure to comply with these requirements shall be immediate grounds for termination for cause
under this Contract.
7) Criminal Background Checks (Attachment D, Exhibit 7):
a, Subcontractor warrants and represents that it will not assign any Personnel to work
requiring Access unless Subcontractor has performed a criminal background check on each
such individual (either at the time of hiring or during the course of employment). Prior to
assigning work requiring Access to any Personnel with one or more criminal convictions
during the last seven years, Subcontractor must consider the gravity of the individual’s
offense, the time since the conviction, the successful completion of parole/probation, the
individual’s age at the time of conviction, the number of convictions, and the stability of
the individual, including favorable work history. Subcontractor shall also consider the
relation of the offense to the nature of the work the individual will perform.
a AN EQUAL OPPORTUNITY EMPLOYER
CONTRACTOR INITIALS SUBCONT R INITIALS
Work Order No.: 3919001-AER Page 3 of 6
b. Notwithstanding the foregoing, in no event shall Subcontractor grant Access to an
individual with one or more convictions for a Serious Offense or a pending criminal case
involving a Serious Offense. As used in this section, “Serious Offense” is defined as any
of the following: violent and sex offenses, crimes against children, domestic violence,
fraud, theft (including but not limited to identity theft), embezzlement, all felonies, and two
or more DUI’s in the past three years.
c. Subcontractor shall maintain documentation related to its criminal background check
investigation for all Personnel requiring Access and make it available to Contractor for
audit if requested pursuant to the audit provisions of this Contract.
d. Subcontractor also agrees to notify Contractor if any of its Personnel requiring Access are
charged with or convicted of a Serious Offense during the course of this assignment.
8) Change Orders: If Subcontractor claims extra compensation from Contractor arising out of
Contractor’s administration or interpretation of this Work Order, Subcontractor shall submit a
written statement supporting the claim within thirty (30) days of the action or decision giving rise
to the claim. Subcontractor’s failure to submit a statement within thirty (30) days shall constitute a
waiver of the claim. No extra compensation will be allowed for unforeseen difficulties or
obstructions.
9) The Work to be performed by Subcontractor shall include, but not be limited to furnishing all labor,
transportation, materials, equipment, vehicles, any necessary lodging and meals, etc., to perform
wood management cleanup and hauling of wood management material at the direction of a P&J
Representative. All Work will be performed as requested by P&J, in accordance with the terms and
conditions of the Subcontract Agreement and this Work Order, and is further described by the
specific requirements of the Work detailed below:
a. Subcontractor shall provide all labor, material and equipment required to perform wood
management cleanup created during the AWRR Program and haul to specified staging
areas or as directed by a P&J Representative. The wood management material will be
beneath and adjacent to PG&E’s electric distribution facilities.
b. Subcontractor shall provide all labor, material and equipment required to process and
dispose of wood management material at staging areas. P&J Representative approval is
required for disposal destinations.
c. Subcontractor shall ensure all appropriate PPE is available to all personnel at all times.
Subcontractor shall ensure that appropriate PPE is worn by all personnel working under
this Work Order at all times while on the job.
d. Subcontractor shall maintain daily communication/coordination with the P&J
Representative to discuss the progress of the Work and issues such as customer issues,
project delays, safety incidents, etc.
e. Subcontractor is required to follow all PG&E’s Land Operations Fire Related Avoidance
and Minimization Measures (Fire AMMs- See Attachment #3 of this Work Order)
f. Subcontractor shall immediately and when safe to do so report all emergencies, facility
damage, injuries or unsafe situations to the P&J Representative.
AN EQUAL OPPORTUNITY EMPLOYER A ' |
CONTRACTOR INITIALS SUBCONTRA' R INITLALS
Work Order No; 3919001-AER Page
4 of 6
Subcontractor shall complete daily JSA’s. Subcontractor shall make JSA’s available at
P&J request.
Subcontractor shall ensure all parties have read and understand Attachment #2- Wood
Management BMPs. Subcontractor shall ensure all appropriate BMP’s are adhered to
during operations.
Subcontractor shall provide Weekly Status Updates either by e-mail or by phone to the
P&J Representative.
Subcontractor shall notify P&J Representative if additional clearance work is necessary
before conducting any additional work.
If the Subcontractor encounters a work situation that he/she believes is an unsafe
condition, potentially requiring a permit, or involves media, Subcontractor shall contact
P&J Representative and immediately cease Work until the situation is resolved.
10) Additional Subcontractor Requirements, Attachment D:
a. EXHIBIT 1 —- PG&E’S SUPPLIER DIVERSITY PURCHASING POLICY
b. EXHIBIT 2 —- POLICY REGARDING UTILIZATION OF SMALL BUSINESS
CONCERNS AND SMALL DISADVANTAGED BUSINESS CONCERNS
EXHIBIT 3 —- INJURY AND ILLNESS PREVENTION PLAN
EXHIBIT 4 - PG&E DRUG AND ALCOHOL ABUSE AND TESTING POLICIES
EXHIBIT 5 - PG&E CONTRACTOR DOCUMENT RETENTION AND
PRODUCTION REQUIREMENTS
EXHIBIT 6 — AUDIT RIGHTS
EXHIBIT 7 - NERC REQUIREMENTS
EXHIBIT 8 -AWRR WOOD MANAGEMENT BEST MANAGEMENT PRACTICES
EXHIBIT 9 - FIRE RELATED AVOIDANCE AND MINIMIZATION MEASURES
EXHIBIT 10 - PG&E LAND OPERATIONS CONTRACTOR FIRE PROTECTION
CHECKLIST
EXHIBIT MOU — PG&E AND IBEW MEMORANDUM OF UNDERSTANDING
VEGETATION MANAGEMENT WORK
AN EQUAL OPPORTUNITY EMPLOYER
CONTRACTOR INITIALS SUBCO ‘OR INITIALS
Work Order No.: 3919001-AER Page 5 of 6
ACCEPTED: PHILLIPS AND JORDAN, INCORPORATED
By: Witness:
Name: Date:
Title: _ Vice President
ACCEPTER: AERI(Asomeo Environmental Restoration Indust
By: lou Witnes
Name: Aten IS MATL Date:Lhe Log bd Lol
Title: CED
AN EQUAL OPPORTUNITY EMPLOYER x |
CONTRACTOR INITIALS SUBCO INITIALS
Work Order No.: 3919001-AER Page 6 of 6
Attachment A
Subcontractor Rate Schedule
Company:
BRUSH REMOVAL $ 243.75
UNIT Facility Protect R1 (Class B) - No Treat $ 101.25
UNIT F Protect R2 (Class B) - No Treat S 475.88
UNIT F Protect R3 (Class B) - No Treat $ 969.98
UNIT F Protect R4 (Class B) - No Treat Ss 1,923.75
Notes:
1. Unit pricing shall include all labor, supervision, material, equiment, transportation,
and administrative services necessary to perform the Work in compliance with
Specificiation 5404.
Facility Protect Type Work Description —
Prune or remove dead or structurally defective limbs that are above or
adjacent to the wire. Includes overhanging limbs and/or tree parts, work
on limbs large enough to cross-phase and work on limbs large enough to
cause damage.
Facility Protect Minor
Includes removing a portion of a tree that is 1/3 or less of the crown.
Final cuts are more than 4.5 feet above the ground.
Applies to all diameter classes.
Examples: removing one or more structurally unsound branch(s),
Removing a portion of a tree above and or adjacent to the conductor
More than 1/3 of the crown is removed
Facility Protect Major Final cuts are more than 4.5 feet above the ground
Applies to all diameter classes.
Example: removing multiple structurally unsound branches, removing the
Removing a portion of a tree above and or adjacent to the conductor
Facility Protect Major-R1 More than 1/3 of the crown is removed and inal cuts are more than 4.5
Example: removing multiple structurally unsound branches, removing the
Diameter class 4”-12”
Facility Protect Removal-R1 Removing 100% of a tree, the final cuts are made at or below 4.5 feet
Removing 100% of a tree, the final cuts are made at or below 4.5 feet
Facility Protect Rmv&Trt-R1
Tree to be treated to prevent re-sprouting.
Removing a portion of a tree above and or adjacent to the conductor
More than 1/3 of the crown is removed and final cuts are more than 4.5
Facility Protect Major-R2
Example: removing multiple structurally unsound branches, removing the
Diameter class 12”-24”
Removing a portion of a tree above and or adjacent to the conductor
More than 1/3 of the crown is removed and final cuts are more than 4.5
Facility Protect Major-R3
Example: removing multiple structurally unsound branches, removing the
Diameter class 24-36”
Removing a portion of a tree above and or adjacent to the conductor
More than 1/3 of the crown is removed and final cuts are more than 4.5
Facility Protect Major-R4
Example: removing multiple structurally unsound branches, removing the
Diameter class — greater than 36”
Facility Protect Removal-R2 Removing 100% of a tree, the final cuts are made at or below 4.5 feet
Facility Protect Rmv&Trt-R2
Removing 100% of a tree, the final cuts are made at or below 4.5 feet
Tree to be treated to prevent re-sprouting.
Facility Protect Removal-R3 Removing 100% of a tree, the final cuts are made at or below 4.5 feet
Facility Protect Rmv&Trt-R3 Removing 100% of a tree, the final cuts are made at or below 4.5 feet
Tree to be treated to prevent re-sprouting.
Facility Protect Removal-R4 Removing 100% of a tree, the final cuts are made at or below 4.5 feet
Facility Protect Rmv&Trt-R4 Removing 100% of a tree, the final cuts are made at or below 4.5 feet
Tree to be treated to prevent re-sprouting.
R1 - Removal Diameter class 4”-12”
R2 - Removal Diameter class 12°-24"
R3 - Removal Diameter class 24”-36”"
R4 - Removal Diameter class — greater than 36”
Work Difficulty
As describe below, in addition to a trim type, all work prescribe for Removal or Facility Protection will be categorized
according to the difficulty of work completion
Work Difficulty - Class A
e Property owner does all clean-up
e Drop and walk, tree is felled
e Debris clean-up is only lop and scatter
e Debris clean-up is only piling brush
e Chipping debris less than 4 inch diamter where the location is chipper accessible (within 100 ft), and it is large
volume of debris (more than 10 cubic yards when stacked) ,
Work Difficulty - Class B
e Work must be pieced, lowered, tied off and directed
e Large wood must be cut into numerous smaller sections
Chipping debris less than 4 inch diameter where the location is chipper accessible (within 100 ft), and it is large
volume of debris (more than 10 cubic yards when stacked)
Note: Work that has any activity falling into Class B should be classified as "B". For example, if a tree must
be pieced down but the property owner will do all clean up; the Work Difficulty is still Class B.
specified otherwise in the Tree Work Authorization Form, Contract Work Authorization or on the work
request.
Attachment B
Subcontractor Insurance
Requirements
Tree Pruning, Tree and Brush Removal, and Reliability Tree Pruning Project
Insurance Instruction Sheet (A Part of Your Work Order)
Dear Subcontractor:
The following are the requirements for insurance as contained in your subcontract. Please read and comply
completely with the requirements. Limits of Coverage, Waiver of Subrogation and Cancellation Language
must be exactly as stated below. PLEASE NOTE: Additional Insured and Waiver of Subrogation language
must be exactly as printed below and copies of the endorsements are required. Certificates not in
compliance will be returned for correction. No progress payments will be released until a correct
certificate of insurance is on file for your company.
Limits of Coverage:
{ Commercial General Liability...........0..cccccsssscssesssssescsssesssssessssessessees 5,000,000 Per Occurrence
5,000,000 Aggregate*
(The $5,000,000 General liability requirements can be met either through General Liability coverage, or
through $1,000,000 General liability and $4,000,000 Excess Umbrella Liability Coverage.)
*(Aggregate limit applies specifically to this project — on a Per Project basis)
{ Automobile Liability (All Hired, Owned and Non-Owned).............. 3,000,000 Per Occurrence
(Coverage limits may be satisfied using an excess umbrella liability policy-S2 million auto, and $1 million
excess liability, or; $1 million auto, and $2 million excess umbrella)
{ Workers Compensation and Employers Liability..........0
cece cee ee eae Statutory
1,000,000 Per Accident
1,000,000 Disease Policy Limit
1,000,000 Disease Each Employee
Workers Compensation can be through the CA State Fund. If not, the company rating must be at least 3A
Excess Umbrella Liability 1,000,000
{ The policy shall contain a logger’s broad form endorsement including coverage for fire suppression
expenses, property damage to timberlands in the subcontractor’s care, custody, or control, and property
damage from loading and unloading non-owned autos. The policy shall contain no exclusions for
logging/lumbering operations, subsidence, cross liability, third party action over claims or employee
injury or work from heights. The “your work” exclusion must accept damage done by work performed by
a subcontractor of the subcontractor.
Requirements: please note that anything below in bold must be on the certificate of insurance
*Tree Pruning, Tree and Brush Removal, and Reliability Tree Pruning must be on the certificate.
*All insurance shall be on a primary, non-contributory basis.
*Additional Insured provisions: Phillips & Jordan, Inc. and Pacific Gas and Electric Company, its directors,
officers, agents, and employees are added as additional insured on General Liability, Excess Liability and
Auto Liability. (ISO Form CG 2010 11/85 or equivalent)
Tree Pruning, Tree and Brush Removal, and Reliability Tree Pruning Project
Insurance Instruction Sheet (A Part of Your Work Order)
*If the policy includes “blanket endorsement by contract”, then the following language must be added:
Phillips & Jordan, Inc. and Pacific Gas and Electric Company, its directors, officers, agents, and employees
are added as additional insured on General Liability, Excess Liability and Auto Liability under a blanket
endorsement.
*Workers Compensation coverage applies to all employees including executive officers.
*Waiver of Subrogation shall be provided to Phillips & Jordan, Inc. and Pacific Gas and Electric Company on
all coverage.
*30 day notice for Cancellation — 10 days for non payment.
{If your company uses a leasing company for your Workers Compensation, it is a requirement that the
leasing company grant an alternate employer endorsement for your firm.
Certificates of insurance or certified copies of policies acceptable to Subcontractor shall be filed with
Subcontractor prior to start of the Sub-Subcontractor's Work.
Certificate Holder:
Phillips & Jordan, Inc.
10201 Parkside Drive, Suite 300
Knoxville, TN 37922
Attachment C
Contractor Safety Program
Requirements
EXHIBIT C
RE: PHILLIPS AND JORDAN, INC CODE OF SAFETY PRACTICES
To Whom It May Concern:
Phillips & Jordan is pleased to have recently adopted a new and more detailed Code of Safety
Practices which is now in effect for all subcontractors of every tier. In an effort to keep all current
and future personnel and projects incident free, we are implementing these safety practices
immediately with a goal of zero lost time injuries.
Please acknowledge receipt and review of the enclosed Code of Safety Practices by signing and
returning this letter along with your subcontract documents.
Best Regards,
PHILLIPS AND JORDAN, INC.
ACKNOWLEDGMENT:
As a duly authorized representative of Asomeo Environmental Restauration Industry, LLC the undersigned
acknowledges and accepts the terms of PHILLIPS AND JORDAN’S CODE OF SAFETY PRACTICES as
part of all existing subcontract agreements with Phillips & Jordan, Inc.
Subcontractor Representative Date
8940 Gall Blvd + Zephyrhills, FL 33541 « office 813.783.1132 « fax 813.715.1820
pandj.com
Phillips and Jordan, Inc. /
Continuing Subcontract
Subcontract Number: 2016-
EXHIBIT C
CODE OF SAFE PRACTICES
EFFECTIVE DATE: March 18, 2016
REVISION NO.: 0
yye5 ko,
A Proven Solution
Phillips& Jordan, Inc.
10201 Parkside Drive, Suite 300 office 865.688.8342 « fax 865.392.3090
Knoxville, TN 37922 Www.pandj.com
Phillips and Jordan, Inc. /
Continuing Subcontract
Subcontract Number: 2016-
CODE OF PRACTICES
Approval and Revision Page
This Code of Safe Practices was developed to promote safety awareness on Phillips & Jordan project
sites. This document is provided for informational purposes only, and is not intended to encompass all
potential safety concerns inherent in the performance of work. The requirements of this document
shall be considered the minimum utilized not only by Phillips & Jordan team members, but also by
subcontractors (including lower tier contractors), consultants, vendors, and visitors hereinafter
collectively referred to as “Contract Partners”. Any Contract Partner must report to the Phillips & Jordan
location for appropriate instruction and approval to enter the site. Revision to this document may only
be made with the prior approval of the respective Market Lead and the Vice President of Safety and Risk
Management.
Our Core Values and Priorities — Integrity, Safety, Quality, and Production — guide our business
practices. We are committed to a Zero Incident Philosophy — no harm to person, property, the
environment, or our reputation. Our Contract Partners must be willing to embrace the same values and
philosophy, be accountable for expectations, and hold their people accountable for those expectations.
Expectations drive behavior. Behavior forms culture.
PREPARED BY:
Phillips & Jordan — Director, ES&H Compliance
Eugene Taylor, MS, CCHM
APPROVED BY:
Phillips & Jordan — Vice President, Safety and Risk Management
Steve Thompson
Mar 18, 2016 Initial document release
Phillips and Jordan, Inc. /
Continuing Subcontract
Subcontract Number: 2016-
TABLE OF CONTENTS
Section Page
LIST OF ABBREVIATIONS AND ACRONYMS .........ccccssssesesccscscesesesscscsscecscsesscsssssscsssavsesavsceasacsecaesasasessasaceeasaces 4
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sii ceddecsnncoceessrsecsssoustacuocesscessvoveccesesstausgeunsesverenedesunnensevers 5
2.0 POTENTIAL HAZARDG...........cssssessscesesssscssssesessscesssseseccacsececsesscscsecacsussscsessssssecsucecsaavatuasaceaeeacaeeucacarasese 6
2.1 HOUSEKEEPING, SANITATION, AND GENERAL WORK RULEG.........c:csccscccssescsssscsccssssessecsceecaeeeeaes 6
2.2 SAFETY MEETINGS, TRAINING, AND DOCUMENTATION ...........:cccccsscsscsscesscsscsscsscsseceseseeeceseeasens 7
2.3. PERSONAL PROTECTIVE EQUIPMENT..........c:ccscccssssescesssessessesesssccsecsesescsscescescesscseseeseaceaseaceaeeaneeas 8
2.4 FALL PROTECTION. .u0... ec eeeecsscescesceseecsessecsecssecsessessecsssessesscseessessessecssscssssuseessscaseaesessesaseaseaseerens 9
2.5 SCAFFOLDS AND ELEVATING PLATFORMG...........:ccsccsccssesssessesteeessecsscssccsscsssssseusesecaceacecseeseeaneens 10
2.6 LADDERS AND STAIRWANS ........ccecsssecssscesssssssesessesessesescsssessessesecsesssssecsassssssssssacacacseseesaceasers
ease 11
2.7 TRENCHING AND EXCAVATING........cccccsccsscsscssscsssssecsscseesscssecsesseceecesscsscsescssssscauseaseaeeaeeasaceaeeaes 12
2.8 ELECTRICAL SAFETY/ LOCK-OUT TAG-OUT/ ENERGY ISOLATION .......ccccscsscssccesccceseecceserssceeees 13
2.9 FIRE PROTECTION/PREVENTION.......c.cccscsssscssescsscsesesesscsscssscsssvsscscsccscscsecacesevsceessceavacsucaracaueaeees 14
2.10 TOOLS AND EQUIPMENT ......... cc cessscsscssscsccsscssecsscsecsssssecesecssecsecsecssssssseccesescsssaacesesseesecaaeceneeas 15
2.11 GUARDING, BARRICADING, AND SIGNAGE............cccsccscssssscscsssescsscseesecsecsessssacsecsscecsesssseaseeaeaeens 15
2.12 WELDING AND CUTTING Qu... eeecccscssccsecssessscsscsecssesescsseseesseesessscssssscsscssssuseesceecascaeseaseasseeeeens 16
2.13 CRANES, HOISTING, RIGGING, AND LIFTING EQUIPMENT ........:csccscsscsscssessssesscsscssesscssessseseeerens 16
2.14 MOBILE CONSTRUCTION EQUIPMENT ..........cccsscsssscescsssssssssscsecsescccsesecsecseeessscssssacsussscscsuseceaseaees 17
2.15 MOTOR VEHICLES... ceccsscseeseeseesceecesseeseceseecsecsecssscsesssessecsesseseseceaeensceseesessacesscsscseseaacaseeeaeeas 18
2.16 EMERGENCY RESPONSE / INCIDENT REPORTING........c..cccccscsscsescssescsscscsessessescseceveceecsceesarsceesaees 19
2.17 LOGGING OPERATIONG......c.ccccccccssssessssssesecessseeseeeeeeeseeeeseeesesesseseseeaesesaesesaesesessesessesssersusetsaseuseses 19
Phillips and Jordan, Inc. /
Continuing Subcontract
Subcontract Number: 2016-
LIST OF ABBREVIATIONS AND ACRONYMS
ANSI American National Standards Institute
ATV All-Terrain Vehicle
CAZ Controlled access zone
cco Certified Crane Operator
CFR Code of Federal Regulations
COsP Code of Safe Practices
CPR/FA Cardio-Pulmonary Resuscitation/First Aid
DOT Department of Transportation
EAP Emergency Action Plan ’
EPA Environmental Protection Agency
FMCSA Federal Motor Carrier Safety Administration
GFCI Ground Fault Circuit Interrupter
JSA Job Safety Analysis
LOTO Lockout / Tagout
MSDS Material Safety Data Sheet
MSHA Mine Safety and Health Administration
NACB North American Crane Bureau
NCCCO National Commission for the Certification of Crane Operators
NCCER National Center for Construction Education and Research
NFPA National Fire Protection Association
NIOSH National Institute of Occupational Safety and Health
OSHA Occupational Safety and Health Administration
PFAS Personal Fall Arrest System
Phillips & Jordan Phillips & Jordan, Inc.
PPE Personal Protective Equipment
RPE Registered Professional Engineer
SDS Safety Data Sheet
USACE United States Army Corps of Engineers
UTV Utility Terrain Vehicle
Phillips and Jordan, Inc. /
Continuing Subcontract
Subcontract Number: 2016-
1.0 INTRODUCTION
1.1 Overview
The following project work rules apply to all Phillips & Jordan personnel and Contract Partners
(subcontractors including lower tier contractors, consultants, vendors, and visitors) entering the site.
Each requirement shall be considered the minimum level of expectations for safety and health on the
project. These requirements cannot be modified without prior approval from Phillips & Jordan.
The intent of the Code of Safe Practices (COSP) is to promote safety awareness on the project site. This
document is provided for informational purposes only, and is not intended to encompass all potential
safety concerns inherent in the prosecution of the work. The requirements of this document shall be
considered the minimum utilized by both Phillips & Jordan personnel and Contract Partners. In addition
to the COSP, Contract Partners must comply with all federal, state, and local regulations including, but
not limited to, OSHA, MSHA, USACE, FMCSA, EPA, and all equivalent state agencies for safety, health,
transportation, and environmental protection.
1.2 Contract Partners Safety Responsibilities and Obligations
Prior to commencing work, each Contract Partner employee must complete a safety orientation. The
orientation includes two parts: (1) review of Phillips & Jordan’s COSP, and (2) a project specific
orientation. The COSP orientation must be completed through on-site presentations where each
individual receives a copy of the COSP. The project specific orientation will be conducted jointly with
the COSP presentation at the project site. Both safety orientations must be completed and
acknowledged prior to commencing work: Additional orientation may be necessary dependent on client
requirements.
Contract Partners shall ensure that their employees have been trained in hazard recognition and
mitigation per Occupational Safety and Health Administration (OSHA) training requirements. All
required training shall be current within three years. Documentation of this training shall be provided to
the Phillips & Jordan Project Superintendent. It is the responsibility of each Contract Partner to identify
all potential hazards associated with their work. This shall include at a minimum:
Housekeeping, Sanitation, and General Work Rules (Section 2.1)
Safety Meetings, Training, and Documentation (Section 2.2)
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Personal Protective Equipment (Section 2.3)
Fall Protection (Section 2.4)
awe
Scaffolds and Elevating Platforms (Section 2.5)
Ladders and Stairways (Section 2.6)
Trenching and Excavating (Section 2.7)
Can
Electrical Safety/ Lock-out Tag-Out/ Energy Isolation (Section 2.8)
Fire Protection/Prevention (Section 2.9)
Phillips and Jordan, Inc. /
Continuing Subcontract
Subcontract Number: 2016-
10. Tools and Equipment (Section 2.10)
11. Guarding, Barricading, and Signage (Section 2.11)
12. Welding and Cutting (Section 2.12)
13. Cranes, Hoisting, Rigging, and Lifting Equipment (Section 2.13)
14. Mobile Construction Equipment (Section 2.14)
15. Motor Vehicles (Section 2.15)
16. Emergency Response/Incident Reporting (Section 2.16)
17. Logging Operations (Section 2.17)
Each of the above-listed topics are discussed in detail in their respective referenced subsections within
Section 2.0 of this COSP.
2.0 POTENTIAL HAZARDS
The following subsections provide detailed discussions of the potential hazards to be encountered and
means, by which, to mitigate these hazards on Phillips & Jordan work sites.
2.1 Housekeeping, Sanitation, and General Work Rules
A. Prior to commencing any daily production activities a thorough inspection of the work area
is to be performed. All work area hazards must be eliminated prior to proceeding with
production activities. This includes inspection of all tools/equipment, maintenance of all
barriers/warning lines, adequate fire pro
Preview
= LEWIS BRISBOIS BISGAARD & SMITH LLP SHANE SINGH, SB# 202733 - ena 2s, E-Mail: Shane.Singh@lewisbrisbois.com NY GRACE E. MEHTA, SB# 327676 JUN 13 2023 E-Mail: Grace.Mehta@lewisbrisbois.com HR 2020 West El Camino Avenue, Suite 700 fat Jonald Sacramento, California 95833 ata aterk > Telephone: 916.564.5400 Facsimile: 916.564.5444 A Attorneys for Defendant, ASOMEO Bn ENVIRONMENTAL RESTORATION INDUSTRY, LLC AKI fF SUPERIOR COURT OF THE STATE OF CALIFORNIA Co COUNTY OF SACRAMENTO Ss —_— EE JAY ROBINSON and HUGO PINEDA, CASE NO. 34-2019-00262942-CU-OE-GDS —_— individually and on behalf of all others AEGBSE similarly situated, DECLARATION OF AKAN ISMAILI = KAHN IN SUPPORT OF DEFENDANT’S Plaintiffs, OPPOSITION TO MOTION FOR CLASS F—® BY FAX CERTIFICATION vs. FF Date: June 27, 2023 ASOMEO ENVIRONMENTAL Time: 9:00 a.m. FF RESTORATION INDUSTRY, LLC, a Dept.: 54 RR California Corporation and PHILLIPS & FF JORDAN INC., a North Carolina Corporation | Action Filed: August 16, 2019 and DOES 1-10, Trial Date: None Set F BEB Defendants. FF NK DECLARATION OF AKAN ISMAILI NK 2®RRRBORR I, Akan Ismaili, declare as follows: NK 1. Iam Asomeo Environmental Restoration Industry, LLC (“AERI’”’)’s Chairman. NKR 2. I have personal knowledge of the facts set forth herein, and if called as a witness to NKR testify thereto, I could competently and truthfully do so. re 3. In 2018, Phillips & Jordan hired AERI to work as a subcontractor on Pacific Gas ry and Electric Company (“PG&E”)’s Campfire Felling Units Project (the “Project”). In order to perform work on this Project, AERI entered into an agreement with Phillips & Jordan which LEWIS N BRISBOIS 93649633.1 1 BISGAARD DECLARATION OF AKAN ISMAILI IN SUPPORT OF DEFENDANT’S OPPOSITION TO MOTION FOR & SMIIH LIP ATTORNEYS AT LAW CLASS CERTIFICATION = among other requirements, mandated that AERI be bound by all contract documents with PG&E related to this Project. A true and correct copy of the Master Work Order between AERI and NY Phillips & Jordan with my signature is attached hereto as Exhibit A. HD 4. Phillips & Jordan and PG&E required all work on the Project be subject to the > Terms and Conditions of the executed agreement between AERI and the International en Brotherhood of Electrical Workers (“IBEW”). A true and correct copy of the 2019 agreement ND between AERI and IBEW with my signature is attached hereto as Exhibit B. 5. At the conclusion of the Project, AERI ceased its work as a subcontractor for fm Phillips & Jordan and instead became a primary contractor for PG&E. As such, AERI entered Co into a subsequent agreement with IBEW. A true and correct copy of the 2020-2022 agreement S Ohl between AERI and IBEW with my signature is attached hereto as Exhibit C. KREBHEE 6. AERI continues to perform work for PG&E but has since expanded its client base Fe to include clients that do not require a union membership and who are not subject to a union FF agreement. Fe I declare under penalty of perjury under the laws of the State of California that the F& foregoing is true and correct and that this declaration was executed on this_12th day of June, F FETE 2023, at Sacramento, California. FF FF F- BPE NH Xow lew NK AKAN ISMAILI BRR NK NKR rR e>XWRRRPR rey N LEWIS 93649633.1 2 BRISBOIS BISGAARD &SMIHLP ATTORNEYS AT LAW DECLARATION OF AKAN ISMAILI IN SUPPORT OF DEFENDANT’S OPPOSITION TO MOTION FOR CLASS CERTIFICATION EXHIBIT A Phillips and Jordan, Incorporated 10201 Parkside Drive, Suite 300 Knoxville, TN 37922 TEL: (865) 392-3000 / FAX: (865) 392-3090 MASTER WORK ORDER Subcontractor: | AERI (Asomeo Environmental Restoration Industry) 950 9th St 16th Fl #44 _ Sacramento CA 95814 Continuing Subcontract No.: /2018-AER 7 Work Order No.: "391 9001-AER Effective Date of Work Order: 01/28/2019 Expiration Date of Work Order 7 | 12/31/2019 Project: | PG&E CAMP FIRE FELLING UNITS — ‘Location: _ . 7 | PG&E’s | Service Territory Owner: OO "| Pacificic Gas ¢ and Electric Company (PG&E) | Project NNo.: | 3919001 |' Contact Person: | Akan Ismaili. i TEL: /@17) 359-5148 IMPORTANT: ACCEPTANCE OF THIS WORK ORDER IS SUBJECT TO THE TERMS AND CONDITIONS OF THIS WORK ORDER Scope of Services: The Subcontractor will furnish and pay for all supporting costs, materials, supervision and equipment to perform fuel reduction tree work, herbicide application, large wood removal activities, and remove and/or trim_designated or wildfire risk trees and vegetation along the access roads within PG&E’s service territory as outlined in the Schedule of Values below. Performance Schedule: Subcontractor is to begin work at Contractor’s written request and continue in an uninterrupted and consistent manner so as not to impede or hinder Contractor’s schedule or cause the project not to be completed on schedule. Contract Type: Time and Material /[Unit Price / Lump Sum Contract Value: The contract amount will be based on the final quantity audit performed by Owner, Special Payment Requirements: The Schedule of Values is based on the following assumptions or clarifications: AN EQUAL OPPORTUNITY EMPLOYER CONTRACTOR INITIALS SUBCO ‘OR INITIALS Work Order No. 3919001-AER , Page | of6 1) Beginning after the first week of work, a weekly cycle of days starting on Sunday morning at 12:01 a.m. and ending on Saturday night at midnight, is considered a pay period. Within approximately nine (9) days after completion of each full weekly cycle, Contractor will provide Subcontractor with an invoice worksheet showing quantities for each CLIN above for the pay period. Subcontractor will review the invoice worksheet and either approve it or resolve any discrepancies with the Contractor. Contractor is the final authority on any invoice discrepancies that are not resolved; however, the Subcontractor may continue to pursue reimbursement under the “DISPUTES” provision of the Subcontract. 2) Subcontractor will receive payment within seven (7) days after approval of the invoice by Contractor. Subcontractor acknowledges that Contractor is releasing funds to subcontractor prior to acceptance and payment of delivered quantities by the owner. It is anticipated that the Owner will conduct extensive reviews and audits of Contractor invoices for goods or services provided by Subcontractor and for funds paid by Contractor to Subcontractor. 3) Subcontractor must retain a hard copy of each hourly crew sheet/daily report. This ticket is the source document for payments and will aid in reconciliation. 4) All work shall be done in accordance with the Contract between Owner and Contractor. Quantities are on an “as ordered” basis and will not be paid unless ordered by Contractor. 5) All invoices and payment inquiries shall be directed to Clint Stephens at clints(@:pandj.com. _Description _ __ Quantity Unit ———_ Unit Price_ See Attachment A — Rate Schedule Total Amount: § NIA Insurance: Subcontract shall strictly comply with the insurance requirements as stated in the previously distributed “Tree Pruning, Tree and Brush Removal, and Reliability Tree Pruning - Insurance Instruction Sheet” which is made part of this Work Order as Attachment B. Contractor retains the right to modify Subcontractor’s insurance limits and types during the term of this Work Order, according to Owner’s requirements. Bond Required: yess /no_X_ Special Terms and Conditions: 1) Subcontractor agrees to be bound by all Contract documents forming Master Service Agreement No. C612 (Formerly: 4400011339) with Pacific Gas and Electric Company (PG&E), be they listed in full text, modified text, or referenced text, in the performance of this subcontract/purchase order. All such provisions are incorporated herein by reference as fully set forth herein verbatim. AN EQUAL OPPORTUNITY EMPLOYER a , | CONTRACTOR INITIALS SUBCONT OR {INITIALS Work Order No.. 391900)-AER Page 2 of6 a. All work on this Contract is subject to inspection and test by Pacific Gas and Electric Company at any time and place. Subcontractor further agrees to insert this clause into all material purchase agreements. 2) Asacondition of your subcontract, PG&E requires you to meet their safety pre-qualification requirements by subscribing to [SNetworld and obtaining an acceptable grade in ISNetworld for PG&E, Phillips & Jordan will not be allowed to use subcontractors on PG&E projects that have not registered in ISNetworld and obtained an acceptable grade for PG&E. To begin the subscription process, contact ISN Customer Service at (800) 976-1303, email CustomerService@isn.com or visit www.isnetworld.com. See Attachment E. 3) As a first-tier subcontractor your firm is restricted from further subcontracting to the second tier without prior authorization. 4) Subcontractor shall pay its personnel wages which meet or exceed the current Prevailing Wage Determination for the classification applicable to the specific work performed. See AttachmentA for the minimum hourly wage rate requirements for this project. a. Subcontractor shall submit a certified copy of its weekly payroll, including benefits, broken out by department for all work that is subject to this Section. Certified payroll reports should be submitted to: Alice Lee, alee@pandj.com, Rose Fournier, rfournier@pandj.com, Mark O’Callaghan, mocallaghan@pandj.com. 5) Claims Procedures: Subcontractor shall report to Contractor’s Representative each case of injury to or death of person or injury to property immediately after knowledge of the occurrence. Subcontractor shall make every effort to promptly acknowledge and satisfactorily settle, within reasonable time after it arises or occurs, any joss, damage, expense, or liability for which Subcontractor is responsible under this Subcontract. Subcontractor shall promptly resolve at Subcontractor’s expense, all claims for private property damage or loss caused by Subcontractor. 6) Contractor Safety Program: Subcontractor represents and warrants that it will perform all applicable Work in compliance with Phillips and Jordan’s and PG&E’s Contractor Safety Program Standard Contract Requirements. The Contractor Safety Program Standard Contract Requirements are included as Attachment C and are hereby incorporated into this Contract. Subcontractor’s failure to comply with these requirements shall be immediate grounds for termination for cause under this Contract. 7) Criminal Background Checks (Attachment D, Exhibit 7): a, Subcontractor warrants and represents that it will not assign any Personnel to work requiring Access unless Subcontractor has performed a criminal background check on each such individual (either at the time of hiring or during the course of employment). Prior to assigning work requiring Access to any Personnel with one or more criminal convictions during the last seven years, Subcontractor must consider the gravity of the individual’s offense, the time since the conviction, the successful completion of parole/probation, the individual’s age at the time of conviction, the number of convictions, and the stability of the individual, including favorable work history. Subcontractor shall also consider the relation of the offense to the nature of the work the individual will perform. a AN EQUAL OPPORTUNITY EMPLOYER CONTRACTOR INITIALS SUBCONT R INITIALS Work Order No.: 3919001-AER Page 3 of 6 b. Notwithstanding the foregoing, in no event shall Subcontractor grant Access to an individual with one or more convictions for a Serious Offense or a pending criminal case involving a Serious Offense. As used in this section, “Serious Offense” is defined as any of the following: violent and sex offenses, crimes against children, domestic violence, fraud, theft (including but not limited to identity theft), embezzlement, all felonies, and two or more DUI’s in the past three years. c. Subcontractor shall maintain documentation related to its criminal background check investigation for all Personnel requiring Access and make it available to Contractor for audit if requested pursuant to the audit provisions of this Contract. d. Subcontractor also agrees to notify Contractor if any of its Personnel requiring Access are charged with or convicted of a Serious Offense during the course of this assignment. 8) Change Orders: If Subcontractor claims extra compensation from Contractor arising out of Contractor’s administration or interpretation of this Work Order, Subcontractor shall submit a written statement supporting the claim within thirty (30) days of the action or decision giving rise to the claim. Subcontractor’s failure to submit a statement within thirty (30) days shall constitute a waiver of the claim. No extra compensation will be allowed for unforeseen difficulties or obstructions. 9) The Work to be performed by Subcontractor shall include, but not be limited to furnishing all labor, transportation, materials, equipment, vehicles, any necessary lodging and meals, etc., to perform wood management cleanup and hauling of wood management material at the direction of a P&J Representative. All Work will be performed as requested by P&J, in accordance with the terms and conditions of the Subcontract Agreement and this Work Order, and is further described by the specific requirements of the Work detailed below: a. Subcontractor shall provide all labor, material and equipment required to perform wood management cleanup created during the AWRR Program and haul to specified staging areas or as directed by a P&J Representative. The wood management material will be beneath and adjacent to PG&E’s electric distribution facilities. b. Subcontractor shall provide all labor, material and equipment required to process and dispose of wood management material at staging areas. P&J Representative approval is required for disposal destinations. c. Subcontractor shall ensure all appropriate PPE is available to all personnel at all times. Subcontractor shall ensure that appropriate PPE is worn by all personnel working under this Work Order at all times while on the job. d. Subcontractor shall maintain daily communication/coordination with the P&J Representative to discuss the progress of the Work and issues such as customer issues, project delays, safety incidents, etc. e. Subcontractor is required to follow all PG&E’s Land Operations Fire Related Avoidance and Minimization Measures (Fire AMMs- See Attachment #3 of this Work Order) f. Subcontractor shall immediately and when safe to do so report all emergencies, facility damage, injuries or unsafe situations to the P&J Representative. AN EQUAL OPPORTUNITY EMPLOYER A ' | CONTRACTOR INITIALS SUBCONTRA' R INITLALS Work Order No; 3919001-AER Page 4 of 6 Subcontractor shall complete daily JSA’s. Subcontractor shall make JSA’s available at P&J request. Subcontractor shall ensure all parties have read and understand Attachment #2- Wood Management BMPs. Subcontractor shall ensure all appropriate BMP’s are adhered to during operations. Subcontractor shall provide Weekly Status Updates either by e-mail or by phone to the P&J Representative. Subcontractor shall notify P&J Representative if additional clearance work is necessary before conducting any additional work. If the Subcontractor encounters a work situation that he/she believes is an unsafe condition, potentially requiring a permit, or involves media, Subcontractor shall contact P&J Representative and immediately cease Work until the situation is resolved. 10) Additional Subcontractor Requirements, Attachment D: a. EXHIBIT 1 —- PG&E’S SUPPLIER DIVERSITY PURCHASING POLICY b. EXHIBIT 2 —- POLICY REGARDING UTILIZATION OF SMALL BUSINESS CONCERNS AND SMALL DISADVANTAGED BUSINESS CONCERNS EXHIBIT 3 —- INJURY AND ILLNESS PREVENTION PLAN EXHIBIT 4 - PG&E DRUG AND ALCOHOL ABUSE AND TESTING POLICIES EXHIBIT 5 - PG&E CONTRACTOR DOCUMENT RETENTION AND PRODUCTION REQUIREMENTS EXHIBIT 6 — AUDIT RIGHTS EXHIBIT 7 - NERC REQUIREMENTS EXHIBIT 8 -AWRR WOOD MANAGEMENT BEST MANAGEMENT PRACTICES EXHIBIT 9 - FIRE RELATED AVOIDANCE AND MINIMIZATION MEASURES EXHIBIT 10 - PG&E LAND OPERATIONS CONTRACTOR FIRE PROTECTION CHECKLIST EXHIBIT MOU — PG&E AND IBEW MEMORANDUM OF UNDERSTANDING VEGETATION MANAGEMENT WORK AN EQUAL OPPORTUNITY EMPLOYER CONTRACTOR INITIALS SUBCO ‘OR INITIALS Work Order No.: 3919001-AER Page 5 of 6 ACCEPTED: PHILLIPS AND JORDAN, INCORPORATED By: Witness: Name: Date: Title: _ Vice President ACCEPTER: AERI(Asomeo Environmental Restoration Indust By: lou Witnes Name: Aten IS MATL Date:Lhe Log bd Lol Title: CED AN EQUAL OPPORTUNITY EMPLOYER x | CONTRACTOR INITIALS SUBCO INITIALS Work Order No.: 3919001-AER Page 6 of 6 Attachment A Subcontractor Rate Schedule Company: BRUSH REMOVAL $ 243.75 UNIT Facility Protect R1 (Class B) - No Treat $ 101.25 UNIT F Protect R2 (Class B) - No Treat S 475.88 UNIT F Protect R3 (Class B) - No Treat $ 969.98 UNIT F Protect R4 (Class B) - No Treat Ss 1,923.75 Notes: 1. Unit pricing shall include all labor, supervision, material, equiment, transportation, and administrative services necessary to perform the Work in compliance with Specificiation 5404. Facility Protect Type Work Description — Prune or remove dead or structurally defective limbs that are above or adjacent to the wire. Includes overhanging limbs and/or tree parts, work on limbs large enough to cross-phase and work on limbs large enough to cause damage. Facility Protect Minor Includes removing a portion of a tree that is 1/3 or less of the crown. Final cuts are more than 4.5 feet above the ground. Applies to all diameter classes. Examples: removing one or more structurally unsound branch(s), Removing a portion of a tree above and or adjacent to the conductor More than 1/3 of the crown is removed Facility Protect Major Final cuts are more than 4.5 feet above the ground Applies to all diameter classes. Example: removing multiple structurally unsound branches, removing the Removing a portion of a tree above and or adjacent to the conductor Facility Protect Major-R1 More than 1/3 of the crown is removed and inal cuts are more than 4.5 Example: removing multiple structurally unsound branches, removing the Diameter class 4”-12” Facility Protect Removal-R1 Removing 100% of a tree, the final cuts are made at or below 4.5 feet Removing 100% of a tree, the final cuts are made at or below 4.5 feet Facility Protect Rmv&Trt-R1 Tree to be treated to prevent re-sprouting. Removing a portion of a tree above and or adjacent to the conductor More than 1/3 of the crown is removed and final cuts are more than 4.5 Facility Protect Major-R2 Example: removing multiple structurally unsound branches, removing the Diameter class 12”-24” Removing a portion of a tree above and or adjacent to the conductor More than 1/3 of the crown is removed and final cuts are more than 4.5 Facility Protect Major-R3 Example: removing multiple structurally unsound branches, removing the Diameter class 24-36” Removing a portion of a tree above and or adjacent to the conductor More than 1/3 of the crown is removed and final cuts are more than 4.5 Facility Protect Major-R4 Example: removing multiple structurally unsound branches, removing the Diameter class — greater than 36” Facility Protect Removal-R2 Removing 100% of a tree, the final cuts are made at or below 4.5 feet Facility Protect Rmv&Trt-R2 Removing 100% of a tree, the final cuts are made at or below 4.5 feet Tree to be treated to prevent re-sprouting. Facility Protect Removal-R3 Removing 100% of a tree, the final cuts are made at or below 4.5 feet Facility Protect Rmv&Trt-R3 Removing 100% of a tree, the final cuts are made at or below 4.5 feet Tree to be treated to prevent re-sprouting. Facility Protect Removal-R4 Removing 100% of a tree, the final cuts are made at or below 4.5 feet Facility Protect Rmv&Trt-R4 Removing 100% of a tree, the final cuts are made at or below 4.5 feet Tree to be treated to prevent re-sprouting. R1 - Removal Diameter class 4”-12” R2 - Removal Diameter class 12°-24" R3 - Removal Diameter class 24”-36”" R4 - Removal Diameter class — greater than 36” Work Difficulty As describe below, in addition to a trim type, all work prescribe for Removal or Facility Protection will be categorized according to the difficulty of work completion Work Difficulty - Class A e Property owner does all clean-up e Drop and walk, tree is felled e Debris clean-up is only lop and scatter e Debris clean-up is only piling brush e Chipping debris less than 4 inch diamter where the location is chipper accessible (within 100 ft), and it is large volume of debris (more than 10 cubic yards when stacked) , Work Difficulty - Class B e Work must be pieced, lowered, tied off and directed e Large wood must be cut into numerous smaller sections Chipping debris less than 4 inch diameter where the location is chipper accessible (within 100 ft), and it is large volume of debris (more than 10 cubic yards when stacked) Note: Work that has any activity falling into Class B should be classified as "B". For example, if a tree must be pieced down but the property owner will do all clean up; the Work Difficulty is still Class B. specified otherwise in the Tree Work Authorization Form, Contract Work Authorization or on the work request. Attachment B Subcontractor Insurance Requirements Tree Pruning, Tree and Brush Removal, and Reliability Tree Pruning Project Insurance Instruction Sheet (A Part of Your Work Order) Dear Subcontractor: The following are the requirements for insurance as contained in your subcontract. Please read and comply completely with the requirements. Limits of Coverage, Waiver of Subrogation and Cancellation Language must be exactly as stated below. PLEASE NOTE: Additional Insured and Waiver of Subrogation language must be exactly as printed below and copies of the endorsements are required. Certificates not in compliance will be returned for correction. No progress payments will be released until a correct certificate of insurance is on file for your company. Limits of Coverage: { Commercial General Liability...........0..cccccsssscssesssssescsssesssssessssessessees 5,000,000 Per Occurrence 5,000,000 Aggregate* (The $5,000,000 General liability requirements can be met either through General Liability coverage, or through $1,000,000 General liability and $4,000,000 Excess Umbrella Liability Coverage.) *(Aggregate limit applies specifically to this project — on a Per Project basis) { Automobile Liability (All Hired, Owned and Non-Owned).............. 3,000,000 Per Occurrence (Coverage limits may be satisfied using an excess umbrella liability policy-S2 million auto, and $1 million excess liability, or; $1 million auto, and $2 million excess umbrella) { Workers Compensation and Employers Liability..........0 cece cee ee eae Statutory 1,000,000 Per Accident 1,000,000 Disease Policy Limit 1,000,000 Disease Each Employee Workers Compensation can be through the CA State Fund. If not, the company rating must be at least 3A Excess Umbrella Liability 1,000,000 { The policy shall contain a logger’s broad form endorsement including coverage for fire suppression expenses, property damage to timberlands in the subcontractor’s care, custody, or control, and property damage from loading and unloading non-owned autos. The policy shall contain no exclusions for logging/lumbering operations, subsidence, cross liability, third party action over claims or employee injury or work from heights. The “your work” exclusion must accept damage done by work performed by a subcontractor of the subcontractor. Requirements: please note that anything below in bold must be on the certificate of insurance *Tree Pruning, Tree and Brush Removal, and Reliability Tree Pruning must be on the certificate. *All insurance shall be on a primary, non-contributory basis. *Additional Insured provisions: Phillips & Jordan, Inc. and Pacific Gas and Electric Company, its directors, officers, agents, and employees are added as additional insured on General Liability, Excess Liability and Auto Liability. (ISO Form CG 2010 11/85 or equivalent) Tree Pruning, Tree and Brush Removal, and Reliability Tree Pruning Project Insurance Instruction Sheet (A Part of Your Work Order) *If the policy includes “blanket endorsement by contract”, then the following language must be added: Phillips & Jordan, Inc. and Pacific Gas and Electric Company, its directors, officers, agents, and employees are added as additional insured on General Liability, Excess Liability and Auto Liability under a blanket endorsement. *Workers Compensation coverage applies to all employees including executive officers. *Waiver of Subrogation shall be provided to Phillips & Jordan, Inc. and Pacific Gas and Electric Company on all coverage. *30 day notice for Cancellation — 10 days for non payment. {If your company uses a leasing company for your Workers Compensation, it is a requirement that the leasing company grant an alternate employer endorsement for your firm. Certificates of insurance or certified copies of policies acceptable to Subcontractor shall be filed with Subcontractor prior to start of the Sub-Subcontractor's Work. Certificate Holder: Phillips & Jordan, Inc. 10201 Parkside Drive, Suite 300 Knoxville, TN 37922 Attachment C Contractor Safety Program Requirements EXHIBIT C RE: PHILLIPS AND JORDAN, INC CODE OF SAFETY PRACTICES To Whom It May Concern: Phillips & Jordan is pleased to have recently adopted a new and more detailed Code of Safety Practices which is now in effect for all subcontractors of every tier. In an effort to keep all current and future personnel and projects incident free, we are implementing these safety practices immediately with a goal of zero lost time injuries. Please acknowledge receipt and review of the enclosed Code of Safety Practices by signing and returning this letter along with your subcontract documents. Best Regards, PHILLIPS AND JORDAN, INC. ACKNOWLEDGMENT: As a duly authorized representative of Asomeo Environmental Restauration Industry, LLC the undersigned acknowledges and accepts the terms of PHILLIPS AND JORDAN’S CODE OF SAFETY PRACTICES as part of all existing subcontract agreements with Phillips & Jordan, Inc. Subcontractor Representative Date 8940 Gall Blvd + Zephyrhills, FL 33541 « office 813.783.1132 « fax 813.715.1820 pandj.com Phillips and Jordan, Inc. / Continuing Subcontract Subcontract Number: 2016- EXHIBIT C CODE OF SAFE PRACTICES EFFECTIVE DATE: March 18, 2016 REVISION NO.: 0 yye5 ko, A Proven Solution Phillips& Jordan, Inc. 10201 Parkside Drive, Suite 300 office 865.688.8342 « fax 865.392.3090 Knoxville, TN 37922 Www.pandj.com Phillips and Jordan, Inc. / Continuing Subcontract Subcontract Number: 2016- CODE OF PRACTICES Approval and Revision Page This Code of Safe Practices was developed to promote safety awareness on Phillips & Jordan project sites. This document is provided for informational purposes only, and is not intended to encompass all potential safety concerns inherent in the performance of work. The requirements of this document shall be considered the minimum utilized not only by Phillips & Jordan team members, but also by subcontractors (including lower tier contractors), consultants, vendors, and visitors hereinafter collectively referred to as “Contract Partners”. Any Contract Partner must report to the Phillips & Jordan location for appropriate instruction and approval to enter the site. Revision to this document may only be made with the prior approval of the respective Market Lead and the Vice President of Safety and Risk Management. Our Core Values and Priorities — Integrity, Safety, Quality, and Production — guide our business practices. We are committed to a Zero Incident Philosophy — no harm to person, property, the environment, or our reputation. Our Contract Partners must be willing to embrace the same values and philosophy, be accountable for expectations, and hold their people accountable for those expectations. Expectations drive behavior. Behavior forms culture. PREPARED BY: Phillips & Jordan — Director, ES&H Compliance Eugene Taylor, MS, CCHM APPROVED BY: Phillips & Jordan — Vice President, Safety and Risk Management Steve Thompson Mar 18, 2016 Initial document release Phillips and Jordan, Inc. / Continuing Subcontract Subcontract Number: 2016- TABLE OF CONTENTS Section Page LIST OF ABBREVIATIONS AND ACRONYMS .........ccccssssesesccscscesesesscscsscecscsesscsssssscsssavsesavsceasacsecaesasasessasaceeasaces 4 L.O INTRODUCTION ssssssscssaveesscssstoxecevevsavsrnsvecvevauratis sii ceddecsnncoceessrsecsssoustacuocesscessvoveccesesstausgeunsesverenedesunnensevers 5 2.0 POTENTIAL HAZARDG...........cssssessscesesssscssssesessscesssseseccacsececsesscscsecacsussscsessssssecsucecsaavatuasaceaeeacaeeucacarasese 6 2.1 HOUSEKEEPING, SANITATION, AND GENERAL WORK RULEG.........c:csccscccssescsssscsccssssessecsceecaeeeeaes 6 2.2 SAFETY MEETINGS, TRAINING, AND DOCUMENTATION ...........:cccccsscsscsscesscsscsscsscsseceseseeeceseeasens 7 2.3. PERSONAL PROTECTIVE EQUIPMENT..........c:ccscccssssescesssessessesesssccsecsesescsscescescesscseseeseaceaseaceaeeaneeas 8 2.4 FALL PROTECTION. .u0... ec eeeecsscescesceseecsessecsecssecsessessecsssessesscseessessessecssscssssuseessscaseaesessesaseaseaseerens 9 2.5 SCAFFOLDS AND ELEVATING PLATFORMG...........:ccsccsccssesssessesteeessecsscssccsscsssssseusesecaceacecseeseeaneens 10 2.6 LADDERS AND STAIRWANS ........ccecsssecssscesssssssesessesessesescsssessessesecsesssssecsassssssssssacacacseseesaceasers ease 11 2.7 TRENCHING AND EXCAVATING........cccccsccsscsscssscsssssecsscseesscssecsesseceecesscsscsescssssscauseaseaeeaeeasaceaeeaes 12 2.8 ELECTRICAL SAFETY/ LOCK-OUT TAG-OUT/ ENERGY ISOLATION .......ccccscsscssccesccceseecceserssceeees 13 2.9 FIRE PROTECTION/PREVENTION.......c.cccscsssscssescsscsesesesscsscssscsssvsscscsccscscsecacesevsceessceavacsucaracaueaeees 14 2.10 TOOLS AND EQUIPMENT ......... cc cessscsscssscsccsscssecsscsecsssssecesecssecsecsecssssssseccesescsssaacesesseesecaaeceneeas 15 2.11 GUARDING, BARRICADING, AND SIGNAGE............cccsccscssssscscsssescsscseesecsecsessssacsecsscecsesssseaseeaeaeens 15 2.12 WELDING AND CUTTING Qu... eeecccscssccsecssessscsscsecssesescsseseesseesessscssssscsscssssuseesceecascaeseaseasseeeeens 16 2.13 CRANES, HOISTING, RIGGING, AND LIFTING EQUIPMENT ........:csccscsscsscssessssesscsscssesscssessseseeerens 16 2.14 MOBILE CONSTRUCTION EQUIPMENT ..........cccsscsssscescsssssssssscsecsescccsesecsecseeessscssssacsussscscsuseceaseaees 17 2.15 MOTOR VEHICLES... ceccsscseeseeseesceecesseeseceseecsecsecssscsesssessecsesseseseceaeensceseesessacesscsscseseaacaseeeaeeas 18 2.16 EMERGENCY RESPONSE / INCIDENT REPORTING........c..cccccscsscsescssescsscscsessessescseceveceecsceesarsceesaees 19 2.17 LOGGING OPERATIONG......c.ccccccccssssessssssesecessseeseeeeeeeseeeeseeesesesseseseeaesesaesesaesesessesessesssersusetsaseuseses 19 Phillips and Jordan, Inc. / Continuing Subcontract Subcontract Number: 2016- LIST OF ABBREVIATIONS AND ACRONYMS ANSI American National Standards Institute ATV All-Terrain Vehicle CAZ Controlled access zone cco Certified Crane Operator CFR Code of Federal Regulations COsP Code of Safe Practices CPR/FA Cardio-Pulmonary Resuscitation/First Aid DOT Department of Transportation EAP Emergency Action Plan ’ EPA Environmental Protection Agency FMCSA Federal Motor Carrier Safety Administration GFCI Ground Fault Circuit Interrupter JSA Job Safety Analysis LOTO Lockout / Tagout MSDS Material Safety Data Sheet MSHA Mine Safety and Health Administration NACB North American Crane Bureau NCCCO National Commission for the Certification of Crane Operators NCCER National Center for Construction Education and Research NFPA National Fire Protection Association NIOSH National Institute of Occupational Safety and Health OSHA Occupational Safety and Health Administration PFAS Personal Fall Arrest System Phillips & Jordan Phillips & Jordan, Inc. PPE Personal Protective Equipment RPE Registered Professional Engineer SDS Safety Data Sheet USACE United States Army Corps of Engineers UTV Utility Terrain Vehicle Phillips and Jordan, Inc. / Continuing Subcontract Subcontract Number: 2016- 1.0 INTRODUCTION 1.1 Overview The following project work rules apply to all Phillips & Jordan personnel and Contract Partners (subcontractors including lower tier contractors, consultants, vendors, and visitors) entering the site. Each requirement shall be considered the minimum level of expectations for safety and health on the project. These requirements cannot be modified without prior approval from Phillips & Jordan. The intent of the Code of Safe Practices (COSP) is to promote safety awareness on the project site. This document is provided for informational purposes only, and is not intended to encompass all potential safety concerns inherent in the prosecution of the work. The requirements of this document shall be considered the minimum utilized by both Phillips & Jordan personnel and Contract Partners. In addition to the COSP, Contract Partners must comply with all federal, state, and local regulations including, but not limited to, OSHA, MSHA, USACE, FMCSA, EPA, and all equivalent state agencies for safety, health, transportation, and environmental protection. 1.2 Contract Partners Safety Responsibilities and Obligations Prior to commencing work, each Contract Partner employee must complete a safety orientation. The orientation includes two parts: (1) review of Phillips & Jordan’s COSP, and (2) a project specific orientation. The COSP orientation must be completed through on-site presentations where each individual receives a copy of the COSP. The project specific orientation will be conducted jointly with the COSP presentation at the project site. Both safety orientations must be completed and acknowledged prior to commencing work: Additional orientation may be necessary dependent on client requirements. Contract Partners shall ensure that their employees have been trained in hazard recognition and mitigation per Occupational Safety and Health Administration (OSHA) training requirements. All required training shall be current within three years. Documentation of this training shall be provided to the Phillips & Jordan Project Superintendent. It is the responsibility of each Contract Partner to identify all potential hazards associated with their work. This shall include at a minimum: Housekeeping, Sanitation, and General Work Rules (Section 2.1) Safety Meetings, Training, and Documentation (Section 2.2) WN Personal Protective Equipment (Section 2.3) Fall Protection (Section 2.4) awe Scaffolds and Elevating Platforms (Section 2.5) Ladders and Stairways (Section 2.6) Trenching and Excavating (Section 2.7) Can Electrical Safety/ Lock-out Tag-Out/ Energy Isolation (Section 2.8) Fire Protection/Prevention (Section 2.9) Phillips and Jordan, Inc. / Continuing Subcontract Subcontract Number: 2016- 10. Tools and Equipment (Section 2.10) 11. Guarding, Barricading, and Signage (Section 2.11) 12. Welding and Cutting (Section 2.12) 13. Cranes, Hoisting, Rigging, and Lifting Equipment (Section 2.13) 14. Mobile Construction Equipment (Section 2.14) 15. Motor Vehicles (Section 2.15) 16. Emergency Response/Incident Reporting (Section 2.16) 17. Logging Operations (Section 2.17) Each of the above-listed topics are discussed in detail in their respective referenced subsections within Section 2.0 of this COSP. 2.0 POTENTIAL HAZARDS The following subsections provide detailed discussions of the potential hazards to be encountered and means, by which, to mitigate these hazards on Phillips & Jordan work sites. 2.1 Housekeeping, Sanitation, and General Work Rules A. Prior to commencing any daily production activities a thorough inspection of the work area is to be performed. All work area hazards must be eliminated prior to proceeding with production activities. This includes inspection of all tools/equipment, maintenance of all barriers/warning lines, adequate fire pro