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HomeMy WebLinkAbout3090 RESOLUTION NO. 3 0 9 0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN UNDERGROUND CONVERSION AGREEMENT WITH PUGET SOUND ENERGY TO FURNISH AND INSTALL A MAIN DISTRIBUTION SYSTEM FOR PROJECT NO. PR529, KNOWN AS 3~ STREET SW GRADE SEPARATION/(2 STREET SW/SR 18 RAMP PROJECT. WHEREAS, Puget Sound Energy currently distributes electricity within the City of Auburn; and WHEREAS, the City of Auburn is making street improvements at 3ra Street SW and C Street SW relative to City Project No. PR529, known as the 3ra Street SW Grade Separation/C Street SW/SR 18 Ramp Project; and WHEREAS, the City desires to participate with Puget Sound Energy to cause the existing overhead. power distribution system within the project area to be replaced with a comparable underground power distribution system utilizing above ground transformers. NOW,.THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES THAT: Resolution No. 3090 05/17/99 Page 1 Section 1. The Mayor and City Clerk of the City of Auburn are herewith authorized to execute an Underground Conversion Agreement with Puget Sound Energy to furnish and install a main distribution system pursuant to PSE standard specifications for Project No. PR529, known as 3ra Street SW Grade Separation/C Street SW/SR 18 Ramp Project. A copy of said Agreement is attached hereto and denominated as Exhibit ~1" and incorporated by reference in this Resolution. Section 2. The Mayor is hereby authorized to implement such administrative procedures as may be necessary 12o carry out the directires of this legislation. Resolution No. 3090 05/17/99 Page 2 DATED and SIGNED this 7th day of June, 1999. CHARLES A. BOOTH MAYOR ATTEST: City Clerk APPROVED AS TO FORM: ~olds, City Attorney Resolution No. 3090 05/17/99 Page 3 PUGET SOUND ENERGY UNDERGROLrND CONVERSION AGREEMENT THIS Agreement, dated as of this fS, day of ~"~-h e., ,1999, is macle by and between the CITY OF AUBURN, Washington, a Municipal Corporation ("City") and PUGET SOUND. ENERGY Inc., a Washington Corporation (the "Company") with reference to the following facts. 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 3~ Street SW and "C" Street SW, such improvements being within an area that is more specifically identified on the Project Vicinity Map ("Conversion Area") attached as Exhibit B. The street improvement program includes realignment of "C" Street SW from W Main to the eastbound ramps and realignment of 3ra Street SW from Division Street to "C" Street SW including grade separation between 3rd Street SW and the BNSF tracks. C. The City has expressed a desire to participate with the Company to cause the existing overhead power distribution system within the Conversion Area to be replaced with a comparable underground power distribution 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 "1", Resolution No. 3090 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. The "Main Distribution System" is limited to the Company's new electric facilities only. 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 with the exception of the installation of conduits, vaults, bore and of the furnishment of the bore. 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 speci~qcations. a) Trenching (including shoring, flagging and barricades), back~ll (including sand bedding and select materials as needed) and restoration (including restoration of streets, sidewalks and private property) for the Company's Main Distribution System only; and b) Surveying for alignment and grades for vaults and ducts. Other non-public 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. 5. In addition City shall at its expense obtain the following: 2 a) 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 rights-of-way in the Conversion Axea. b) Any and all operating rights required by the Company. pursuant to paragraph 13 of this Agreement, in a form or forms satisfactory to the Company. The Company may postpone performance of its obligations hereunder until it has been furnished with such operating rights. 6. The City shall provide at the expense of both the City and the Company the installation of vatfits, conduits, and bore in accordance with schedule 71 and per the City Requirements detailed in Exhibit A. 7. The City shall, within thirty (30) days after the completion of the work to be performed by the Company pursuant to paragraphs 2. and 3. above, remit to the Company a payment of 30% of the actual costs as determined in accordance with Schedule 71. The costs for the work done as described in paragraphs 2. and 3. is presently estimated as shown in paragraph 9 c,f this Agreement, provided, however, the foregoing estimated amount is subject to change for reasons that include, but are not limited to the following: a) construction has not started within 90 days from the date of this Agreement;. or b) the conversion has 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 requests change of the Company' s construction plans. 8. The Company shall, within thirty (30) days after the approval of the final payment by the City Council of the City' s construction contract, remit the following to the City: a) payment of 70% of the actual costs as determined in accordance with Schedule 71 for the work done as described in Section 6 of this Agreement; 3 b) payment of 34% of the actual costs of the fumishment of the bore for the Company's · gas facilities; c) payment of 43% of the actual trenching costs for the Company's gas thcilities; and d) payment of 100% of the actual costs for the casing of~e ~ing for the gas carrier pipe. 9. The total estimated costs for all the work to be performed, along with the allocation of costs, is as follows: ITEM TOTAL CITY'S CITY'S COMPANY COMPANY COST SHARE COST SHARE COST City provided $ 30,000 38% $ 11,400 43% $12,900 Trenching* Company $ 248,286 30% $ 74,486 70% $ 173,800 provided work on C Street City provided $ 55,016 30% $ 16,505 70% $ 38,511 Vault & Conduits City provided $ 37,056 50% $ 18,528 34% $ 12,599 Bore* Gas Casing $1,980 0% $ - 100% $1,980 Company $ 14,000 30% $4,200 70% $ 9,800 Inspector Costs Garden switches $ 40,000 100% $ 40,000 0% $ Easements $ 11,000 100% $ 11,000 0% $ TOTAL ,437,3381 ,176'1i~ ' ,249,590 · TCI responsible for remaining share. 10. 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. 11. The Company shall provide an inspector at the request of the City to coordinate raaterial deliveries and ensure the correct type, number, and construction method of all Company wtults and conduits during the City's construction project. The City shall pay for 30% of the costs associated with the provision of the inspector hired for the Company. 12. 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 and conduit, 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 RC~V 35.96.050 with respect to owners failing to convert service lines from overhead to underground. 13. 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 e. lectrical 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 operating rights. The cost to the Company of assisting in obtaining any such ol~erating rights on privately owned property shall be reimbursed in full by the City pursuant to paragraph 5. above. Such cost shall include, but not be limited to, staff costs (including overheads) the actual cost of any fee, permit, attorney fee, court cost, permit fee or survey fees required by governmental agencies or property owner. 14. The City shall be responsible for coordinating all work to be performed in co~mection with the street improvement program within the Conversion Area. The Company shall nlot be required to 5 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. 15. The Company's performance hereunder shall be commenced within ten (10) working days of the date requested in the written notice pursuant to Paragraph 14. above. The Company shall use reasonable diligence in performing its work hereunder, but shall not be liablke for any delays resulting from circumstances beyond its control including, but not limited to, failure to receive necessary operating rights pursuant to paragraphs 5. and 13. The City agrees thai 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. 16. The Company reserves the right to review the contractor's bid prices for the installation of vaults, conduit, and bore to be completed by the City under this agreement and may choose to provide this work through other sources. 17. (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 6 under this Agreement. During the performance of such activities the City's employees shall at all times remain employees of the City. (b) 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. 18. 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. 19. 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 or the City vacates the right-of- way where the Main Distribution System is installed prior to the expiration of t',venty (20) years after completion of the conversion hereunder, the City shall bear the entire costs of such relocation including any real estate costs for the existing location or for a new location. 20. In the event that the City cancels the project proposed hereunder, the City agrees', to reimburse the Company all costs incurred prior to the date canceled. 21. 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 AUBURN e~ 3ET~ EN~ ~AC,,~ PUGET SO ENERGY, IN i' Charles A. Booth x,, ITS MAYOR ITS 71'rt-f.( Date Signed ~Im~e 8, 1999 Date Signed ATTEST: Damelie E. Daskam Aubum City Clerk Michael J. Reynolds Auburn City Attorney Exhibit A City Requirements for Company Work 3rd Street Grade Separation Project - City of Auburn [Company (Puget Sound Energy) Work Sketch 105003125] 1. NATURE OF WORK a) Install a vault and conduit system to Company standards and specification:s that will be used for an undergrotmd electrical system. b) Company gas line to be installed by Company crew. City to provide trenching schedule at least one week in advance of the antielated gas line installation date. Company crew will be available as required by schedule. c) Bore a steel casing under Burlington Northern Railroad tracks. d) All excavation, sand bedding & cover, backfill, and restoration shall be bid under other sections as determined by the City. 2. GENERAL a) All work for the Company shall be to Company specifications and construction standards. b) All work shall comply with permit requirements as specified by the governing jurisdiction. Company to provide City with copies of all applicable permits and easements. 3. MATERIAL a) Company will provide all vault & conduit materials to the City required for these installations except for steel casings in bore as detailed in Part 7 below. b) Two weeks notice shall be provided for all material requests. c) City shall be accountable for all material delivered to job site. All unused :material shall be returned to the Company, or disposed of, at the Company's option. 4. COMPANY INSPECTOR a) A Company quality control Inspector will be assigned during construction to provide quality control inspection. This Inspector will have the authority to reject unsatisfactory work or materials. b) Scheduling of work requiring inspection shall be provided to the Company Inspector one week in advance. c) This inspection shall not relieve City from any of it's obligations under this contract. d) The Company's Inspector may, at the discretion of the Company, coordinate material deliveries and ensure the correct type, and number. e) The Inspector may review construction method of all Company vaults and conduits. f) Vaults and conduits to be backfilled only after Company Inspector approve;s installation. g) Deviation from the existing design will not be allowed without approval from the Company's Inspector. Exhibit A Page 2 5. TRENCHING & BACKFILL a) The City shall provide trenching according to the design, and Company st~mdard 6790.0110. b) The trench shall be clear of all rocks and debris that could damage the conduit. c) All Company facilities shall have a minimum of 36 inches of cover, but no more than 60 inches of cover unless prior approval has been granted. 6. VAULT & CONDUIT SYSTEM a) The City shall install a conduit system. according to the design and Company standard 6800.6000. b) The City shall install vaults according to the design and Company standard 6775.0040. Unless otherwise noted, all vaults shall be installed at grade within hard surfaces, or 2 inches above grade in landscaped areas. Determination of final grade shall~ be the responsibility of the City. c) Vault entrance location shall be specified on the worksketch or by the Company Inspector. d) City shall be responsible for the integrity of the conduit system. Any damaged conduits shall be repaired at the City's expense. e) All conduits shall be proof tested by blowing in a pulling tape (as provided[ by Company) after the conduit run is completed. The City shall install temporary conduit plugs and seals according to Company standard 6800.6500 to keep debris out of the conduits. 7. BORE UNDER BURLINGTON NORTHERN RAILROAD a) The City is to provide the casing for the gas carrier pipe and the outer casing. b) The City will assemble, secure, and install all of the pipes and inner casing into the outer casing. City will need to coordinate with Company crew for gas fusion and installation of vents. c) All conduit ends to be sealed and capped after final installation in out Casing. d) Bore work to share such associated costs as mobilization fees and digging 'the bore pits with adjacent bore for City of Auburn. 10