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HomeMy WebLinkAbout30521 RESOLUTION NO. 3 0 5 2 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, 3 WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN UNDERGROUND CONVERSION AGREEMENT WITH PUGET SOUND ENERGY TO 4 FURNISH AND INSTALL A MAIN DISTRIBUTION SYSTEM FOR PROJECT NO. PR 548, KNOWN AS "B" STREET - 30TH STREET NW TO 37TM STREET NW. 5 6 THE CITY COUNCIL OF THE CITY OF AUBURN, KING COUNTY, 7 WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH 8 RESOLVES THAT: 9 Section 1. The Mayor and City Clerk of the City of ]0 Auburn are herewith authorized to execute an Underground ]] Conversion Agreement with PUGET SOUND ENERGY (PSE) to furnish 12 and install a Main Distribution System (MDS) pursuant to PSE 13 standard specifications for Project No. PR 548, known as "B" 14 Street - 30th Street NW to 37th Street NW. A copy of said 15 18 Agreement is attached hereto and denominated as Exhibit "A" 17 and incorporated by reference in this Resolution. 18 Section 2. The Mayor is hereby authorized to implement 19 such administrative procedures as may be necessary to carry 20 out the directives of this legislation. 21 22 23 24 25 Reso|ution No. 3052 December 31, 1998 Page 1 1 DATED and SIGNED this 19th day of January, 1999. 2 3 CITY OF AUBURN 4 6 CHARLES A. BOOTH MAYOR 7 8 9 ATTEST: ]0 12 Danielle E. Daskam, City Clerk ]3 14 15 APPROVED AS TO FORM: 17 18 Michael J. Reynolds, 19 City Attorney 20 2] 22 23 24 25 Reso|ution No. 3052 December 3 ], ]998 Page 2 PUGET SOUND ENERGY UNDERGROUND CONVERSION AGREEMENT THIS Agreement, dated as of this/~ y o ,199 ~ , by and between the CITY OF AUBURN, Washington, a Municipal Corporation ("City") and PUGET SOUND ENERGY Inc., a Washington Corporation (the "Company"). RECITALS A. The Company is a public service company engaged in the sale and distribution of electric energy and, pursuant to its franchise from the City, currently distributes electricity within the City. B. The City is undertaking a street improvement program at "B" Street NW from 30th Street NW to 37th Street NW as more specifically identified on work order(s) 101000674 and 108000704 ("Conversion Area"). The street improvement program includes the rebuild of "B" Street NW as a two lane road (no additional lanes of traffic added) with new curb, gutter, and sidewalks. C. The City has expressed a desire to participate with the Company to cause the existing overhead distribution power system within the Conversion Area to be replaced with a comparable underground distribution power system utilizing above ground transformers. D. The parties wish to execute this written contract in accordance with Schedule 71 of the Company's Electric Tariff G to govern the installation of such a system. Exhibit "A", Resolution No. 3052 AGREEMENT The Company and the City therefore agree as follows: 1. "Main Distribution System," "Underground Service Lines," and "Trenching and Restoration" shall have the meaning set forth in Schedule 71. 2. Subject to the availability of equipment and materials, the Company shall furnish and install a Main Distribution System within the Conversion Area, in accordance with the Company's standard specifications. 3. Upon connection of those customers to be served by the Main Distribution System and removal of facilities of any other utilities, which may be connected to the poles of the overhead system, the Company shall remove the existing overhead system (including associated wires and Company- owned poles) of 15,000 volts or less within the Conversion Area. 4. The City shall, at its expense, perform the following within the Conversion Area, all in accordance with the Company's specifications. a) Trenching (including shoring, flagging and barricades) and Restoration (including restoration of streets, sidewalks and private property); and b) surveying for alignment and grades for vaults and ducts. Other utilities may be permitted by the City to use City-provided trenches for the installation of their facilities so long as such facilities or the installation thereof do not interfere with the Company's Main Distribution System or the installation or maintenance thereof. c) The City shall furnish any and all operating rights required by the Company, in a form or forms satisfactory to the Company, to allow the Company to construct, operate, repair and maintain the Main Distribution System within the City right-of-ways in the Conversion Area. The Company may postpone performance of its obligations hereunder until it has been furnished with such operating rights. 5. The City shall, within thirty (30) days after the completion of the work to be perf~. by the Company pursuant to paragraphs 2. and 3. above, remit to the Company a payment of [30% 70%]' of the actual costs as determined in accordance with Schedule 71. The total cost is presently estimated at eighty thousand dollars ($80,000.00); provided, however, the foregoing estimated amount is subject to change if: (a) construction has not started within 90 days from the date of this Agreement; or (b) the conversion is not been completed within six months of the date of this Agreement; or (c) the City revises its construction plans in a manner which requires a revision of the Company's construction plans; or (d) the Company incurs costs to obtain easements pursuant to subparagraph 8 of this Agreement. 6. The Company shall own, operate and maintain all electrical facilities installed pursuant to this Agreement including, but not limited to, the Main Distribution System and underground services installed by the Company pursuant to this Agreement. 7. Except with respect to those customers for which underground conversion is determined not to be necessary, the City shall notify all customers within the Conversion Area that secondary service to such customers must be converted from overhead to underground service. Upon the request of any customer, other than a single family residential customer, within the Conversion Area, the Company will remove the overhead system and connect such customer's underground service line to the Main Distribution System. The parties acknowledge that single family residences within the Conversion Area must provide a service trench, in accordance with the Company's specifications, from the underground meter base to the point of service provided during the conversion; and pay for the secondary service conductors as defined in Schedule 86 of the Company's Electric Tariff G. The City shall exercise its authority under RCW 35.96.050 with respect to owners failing to convert service lines from overhead to underground. 8. The parties acknowledge that under Schedule 71, the owners of real property within the Conversion Area must provide, at their expense, space for all underground and surface mounted electrical facilities located on privately owned property, and must grant such operating rights as may be necessary to permit the Company to construct, operate, repair and maintain all electrical facilities installed by the Company pursuant to the Agreement. The Company shall provide reasonable assistance in obtaining such operating rights, but shall not be required to bear the costs of any easements. The cost to the Company of any easements on privately owned property which the Company must obtain shall be reimbursed in full by the City pursuant to paragraph 5 above. Such cost shall include, but not be limited to, the actual cost paid for any easement, staff costs (including overheads) of obtaining such easement and the actual cost of any fee, permit, attorney fee, court cost, permit fee or survey fees required by governmental agencies or property owner. 9. The City shall be responsible for coordinating all work to be performed in connection with the street improvement program within the Conversion Area. The Company shall not be required to install the Main Distribution System until the area in which such System is to be installed has been established to grade. Upon performance by the City of the necessary preliminary work, the City shall give the Company a minimum of ten (10) working days advance written notice requesting the Company to commence installation of the Main Distribution System and shall schedule such construction to minimize interference from the installation of other improvements. 10. The Company's performance hereunder shall be commenced within ten (10) working days of the date requested in the written notice pursuant to Paragraph 9 above. The Company shall use reasonable diligence in performing its work hereunder, but shall not be liable for any delays resulting from circumstances beyond its control including, but not limited to, failure to receive necessary operating rights pursuant to paragraphs 4(c) and 8 above. The City agrees that work performed by the Company shall be scheduled to avoid premium labor charges to the Company. If the Company mutually agrees with the City that the Company's normal straight°time eight hour labor day must be changed within the hours of 6:00 a.m. to 6:00 p.m., the City must provide sufficient advance notice to allow the Company to provide IBEW Local Union No. 77 with five (5) days advance notice in accordance with the Company's collective bargaining agreement with the union. Any overtime labor not included in the original estimate but provided by the Company at the request of the City may increase the Company's project cost which will result in an increased cost to the City. 11. (a) The City releases and shall defend, indemnify and hold the Company harmless from all claims, losses, harm, liabilities, damages, costs and expenses (including, but not limited to, reasonable attorneys' fees) caused by, arising out of or in connection with the performance of the City's duties under this Agreement. During the performance of such activities the City's employees shall at all times remain employees of the City. (a)The Company releases and shall defend, indemnify and hold the City harmless from all claims, losses, harm, liabilities, damages, costs and expenses (including, but not limited to, reasonable attomeys' fees) caused by, arising out of or in connection with the performance of the Company's duties under this Agreement. During the performance of such activities the Company's employees shall at all times remain employees of the Company. 12. This Agreement is subject to the General Rules and Provisions set forth in Tariff Schedule 80 of the Company's electrical Tariff G and to Schedule 71 of such Tariff, as such Schedules may be revised from time to time upon approval of the Washington Utilities and Transportation Commission. Any conflict in terms between this Agreement and the Company's Schedules 71 and 80 of its tariffs shall be resolved in favor of such tariff provisions. 13. Notwithstanding any provision to the contrary in any franchise agreement now in place or subsequently entered into by the Company and the City, in the event the City requires the relocation of any of the facilities installed under this Agreement prior to the expiration of twenty (20) years after completion of the conversion hereunder, the City shall bear the entire costs of such relocation. 14. Nothing in this Agreement shall in any way affect the rights or obligations of the Company under any previous agreements pertaining to the existing or future facilities of 115 kV or greater within the Conversion Area. CITY OF [/xi.rt3ORbl ] PUGET SOUND ENERGY Charles A. ~ D~elle E. Da~, A~ City Cl~k ~c~el J. ~olds, Ae City At~mey 6