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HomeMy WebLinkAbout3204 RESOLUTION NO. 3 2 0 4 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. PR 633, KNOWN AS "A" STREET SW, MAIN TO 3RD. THE CITY COUNCIL OF THE CITY OF AUBURN, KING COUNTY, WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES THAT: 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 (PSE) to furnish and install a Main Distribution System (MDS) pursuant to PSE standard specifications for Project No. PR 633, known as "A" Street SW, Main to 3rd. A copy of said Agreement is attached hereto and denominated as Exhibit "A" and incorporated by reference in this Resolution. Section 2. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Resolution No. 3204 March 29, 2000 Page 1 DATED and SIGNED this 17th day of April, 2000. CITY OF AUBURN CHARLES a. BOO""'TH MAYOR A'I'rEST: Danielle E. Daskam, City Clerk APPROVED AS TO FORM: Michael J. Reynolds, City Attorney Resolution No. 3204 March 29, 2000 Page 2 [PUGET SOUND ENERGY UNDERGROUND CONVERSION AGREEMENT THIS Agreement, dated as of this;, fd'day of /4 r; ( 20z~ is made 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 "A" Street SW from Main Street SW to Third Street SW such improvements being within an area that is more specifically identified on Company work order(s) 105007846 CA Street SW Conversion"). The street improvement program includes replacing three blocks of three-phase overhead distribution pole line with a comparable underground power distribution system utilizing above-ground transformers. 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 "A" Resolution No. 3204 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. (A) 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 backfill, 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. (B) In addition the City shall at its expense obtain the following: 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 right-of-ways in the Conversion Area. ' b) Any and all operating rights required by the Company pursuant to paragraph 8 of this Agreement, in a form or forms satisfactory to the Company. The Company may postpone perfonnance 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 performed by the Company and receipt of a final billing request with all necessary support documents pursuant to paragraphs 2. and 3. above, remit to the Company a payment of 70% of the actual costs as determined in accordance with Schedule 71. The City and Company shall share the total cost, which is presently estimated at Seventy-one thousand two hundred and fifteen dollars ($71,215); 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; or (d) the City requests design changes in the Main Distribution System that increase the Company's cost; or (e) the City, its contractor(s) or others allowed in the trench by the City cause delays in the ' Company's installation of the Main Distribution System. In the event one or more of the events detailed in (c), (d), or (e) occur, and the event(s) results in an increase in the Company's costs, the City agrees to pay 100% of the actual incremental increase in cost to the Company. .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 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 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 fights, but shall not be required to bear the costs of any operating rights. The cost to the Company of assisting in obtaining any such operating rights on privately owned property shall be reimbursed in full by the City (after the Company presents the City with a final invoice with necessary support documentation) pursuant to paragraph 4(B) above. Such cost shall include, but not be limited to, staff costs (including overheads) the actual cost of 4 any fee, permit, attorney fee, court cost, permit fee or survey fees required by governmental agencies or property owner. The total cost for the Company to secure easements for this project is presently estimated at Two thousand seven hundred and sixty dollars ($2,760). 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 fights pursuant to paragraphs 4(B) 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. (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 attorneys' 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. (c) FOR THE PURPOSE OF THIS INDEMNIFICATION ONLY, THE PARTIES, BY MUTUAL NEGOTIATION, HEREBY WAIVE, AS RESPECTS THE OTHER PARTY ONLY, ANY IMMUNITY THAT WOULD OTHERWISE BE AVAILABLE AGAINST SUCH CLAIMS UNDER THE INDUSTRIAL INSURANCE PROVISIONS OF TITLE 51 RCW. This section shall survive the expiration or termination of this Agreement. I~,, f(- 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. Provided, however, that any price quoted will be honored for 60 days. Any conflict in terms between this Agreement and the Company's Schedules 71 and 80 of its tariffs shall be ,~c~resolved in favor of such tariff provisions. t.~,/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 (or takes any action which has the effect of requiring) the relocation of any of the facilities installed under this 6 Agreement prior to the expiration of twenty (20) years after completion of the conversion hereunder, the City shall reimburse the Company for costs incurred by the Company in connection with relocation. tq.j~. In the event that the City cancels the project proposed hereunder, the City shall reimburse the Company for all costs reasonably incurred by the Company in connection with the work to be performed under this Agreement prior to the date canceled. /f.. ~. 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 PUGET SOUND ENERGY, INC. ITS btayor ITS ~ '771r Date Signed/~pri117, 2000 Date Signed Michael J. Reynolds, City Attorney Form Revised 4/99