HomeMy WebLinkAboutITEM III-BCITY OF -J
WASHINGTON
AGENDA BILL APPROVAL FORM
Agenda Subject: Date:
Resolution No. 4706 April 26, 2011
Department: Attachments: Budget Impact:
Public Works Resolution No. 4706 $ 0
Administrative Recommendation:
City Council to introduce and adopt Resolution No. 4706.
Background Summary:
Resolution No. 4706 authorizes the Mayor to negotiate and execute an agreement with Puget Sound
Energy, Inc. for the purpose of relocating power facilities in advance of construction of the A Street NW
Extension (A/B Corridor) project.
The relocation of the existing PSE power facilities is required to construct the roadway improvements.
City staff believes having Puget Sound Energy, Inc. complete the relocation of existing power facilities in
advance of construction activities will minimize construction interruption and maintain the current
anticipated construction schedule of the A Street NW Extension project.
The total estimated project costs are $8,858,138. The cost to relocate the power facilities is
approximately $112,407.61 and is included in the project budget.
W0502-7
Reviewed by Council & Committees:
Reviewed by Departments & Divisions:
❑ Arts Commission
COUNCIL COMMITTEES:
❑ Building
❑
M&O
❑ Airport
® Finance
❑ Cemetery
❑
Mayor
❑ Hearing Examiner
❑ Municipal Serv.
❑ Finance
❑
Parks
❑ Human Services
❑ Planning & CD
❑ Fire
❑
Planning
❑ Park Board
®Public Works
® Legal
❑
Police
❑ Planning Comm.
❑ Other
® Public Works
❑
Human Resources
Action:
Committee Approval
Council Approval:
Referred to
Tabled
❑Yes ❑No
❑Yes ❑No Call for Public Hearing
Until
Until / /
Councilmember: Wagner Staff: Dowdy
Meetinq Date: May 2, 2011 Item Number:
* moRE THAN YQLJ IMAGINED
Au.Bu
RESOLUTION NO. 4 7 0 6
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AUBURN, WASHINGTON, AUTHORIZING THE
MAYOR TO NEGOTIATE AND EXECUTE AN
AGREEMENT WITH PUGET SOUND ENERGY, INC FOR
THE PURPOSE OF RELOCATING POWER FACILITIES
IN ADVANCE OF CONSTRUCTION OF THE A STREET
NW EXTENSION (A/B CORRIDOR) (C207A) PROJECT
WHEREAS, Puget Sound Energy, Inc. has existing power facilities
located in a private easement within the vicinity of the Project which are
required to be relocated to accommodate the Project; and
WHEREAS, Puget Sound Energy, Inc. is responsible for the planning,
review, design, permitting, and relocation of said power facilities in advance of
construction of the A Street NW Extension project, hereinafter referred to as the
"Project"; and
WHEREAS, it is in the City's best interest to have Puget Sound Energy,
Inc. complete the relocation of said power facilities in advance of construction of
the Project.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 11 The Mayor is hereby authorized to negotiate and execute an
agreement with Puget Sound Energy, Inc., for the purpose of completing facility
relocation work in advance of construction of the A Street NW Extension
Resolution No. 4706
April 20, 2011
Page 1 of 2
project, in substantial conformity with the agreement attached hereto, marked
as Exhibit 1" and incorporated herein by this reference.
Section 2. That the Mayor is authorized to implement such other
administrative procedures as may be necessary to carry out the directives of
this legislation.
Section 3. That this Resolution shall take effect and be in full force
upon passage and signatures hereon.
Dated and Signed this day of , 2011.
CITY OF AUBURN
PETER B. LEWIS
MAYOR
ATTEST:
Danielle E. Daskam,
City Clerk
APPROVED AS TO FORM:
Daniel B. Heid,
City Attorney
Resolution No. 4706
April 20, 2011
Page 2 of 2
FACILITY RELOCATION AGREEMENT
This Agreement, dated as of , 2011, is made and entered into by and
between Puget Sound Energy, Inc., a Washington corporation ("PSE"), and The City of
Auburn, a Washington municipal corporation, ("City"). PSE and the City are sometimes
referred to herein individually as a "Party" and collectively as the "Parties."
RECITALS
A. PSE owns and operates certain utility systems and facilities necessary and
convenient to the transmission and distribution of electricity ("Facilities") that are located on
an easement. The Facilities are more particularly described on Exhibit A attached hereto and
incorporated herein by this reference.
B. The City plans to construct improvements to A Street NW north of 3"d Street
NW for approximately 250 feet. ("Improvements").
C. In connection with the Improvements, the City has requested that PSE perform
certain engineering design work and certain construction work relating to modification or
relocation of its Facilities (the "Relocation Work"), all in accordance with and subject to the
terms and conditions of this Agreement, and any applicable tariff on file with the Washington
Utilities and Transportation Commission (the "WUTC").
D. The City has provided to PSE a written plan for the Improvements (the
"Improvement flan") which includes, among other things, (a) plans and specifications
sufficient in detail, as reasonably determined by PSE, for PSE to design and perform the
Relocation Work, including reasonably detailed drawings showing the planned
Improvements, (b) a list of the key milestone dates for the Improvements, and (c) information
concerning possible conflicts between PSE's Facilities and other utilities or facilities.
The Parties, therefore, agree as follows:
AGREEMENT
Section 1. Relocation Work
1.1 Relocation Work. The Relocation Work is described in Exhibit B attached to
this Agreement.
1.2 Performance of Relocation Work. Subject to the terms and conditions of
this Agreement and any applicable tariffs on file with the WUTC, PSE shall use reasonable
efforts to perform the Relocation Work. PSE shall perform the Relocation Work in
accordance with the schedule provided in Exhibit B (the "Relocation Schedule") with
reasonable diligence in the ordinary course of its business and in light of any operational
Resolution No. 4706
April 20, 2011
Exhibit 1 _I_
issues as to the remainder of its utility systems that may be influenced by the Relocation
Work. PSE shall have no liability to the City or any third party, nor shall the City be relieved
or released from its obligations hereunder, in the event of any delay in the performance of the
Relocation Work due to any (a) repair, maintenance, improvement, renewal or replacement
work on PSE's utility systems, which work is necessary or prudent as determined by PSE in
its sole discretion; or (b) actions taken by PSE which are necessary or consistent with prudent
utility practices to protect the performance, integrity, reliability or stability of PSE's utility
systems or any systems to which such systems are connected.
1.3 Adjustments to the Relocation Work, PSE shall notify the City in writing
of any reasonably anticipated adjustments to the Relocation Work (including the Relocation
Schedule and/or Relocation/Modification Estimate) that result from (a) the revision or
modification of any Improvements in a manner that requires PSE to revise its plans and
specifications for the Relocation Work; (b) delays in PSE's performance of the Relocation
Work caused by the City (or its agents, servants, employees, contractors, subcontractors, or
representatives); or (c) conditions or circumstances otherwise beyond the control of PSE.
The Parties acknowledge that additional requirements not contemplated by the Parties may
arise during the performance of the Relocation Work. In the event such additional
requirements arise, the Parties shall provide written notice thereof acid shall use good faith
reasonable efforts to appropriately respond to such requirements in a prompt and efficient
manner, including appropriate adjustments to the Relocation Schedule and/or the
Relocation/Modification Estimate,
1.4 Performance by City. In the event the City is unable to perform its
obligations under Sections 2 and 3 below to PSE's reasonable satisfaction, and absent written
waiver by PSE of such obligations, the Parties shall use reasonable efforts to adjust the
Relocation Schedule to allow additional time for the City to perform such obligations;
provided, that if the Parties cannot reasonably agree upon such schedule adjustment, PSE
may, at its option, thereafter terminate this Agreement by giving written notice to the City,
and the City shall promptly pay PSE the amounts payable to PSE in connection with such
termination wider Sections 5.5. PSE's determination as to the satisfaction or waiver of any
such condition under this Agreement shall not be deemed to be a determination of
satisfaction or waiver of any other condition arising under this Agreement.
1.5 Notice to Proceed with Construction Work. At least twenty (20) business
days prior to the date required for the commencement of construction for the Relocation
Work, the City shall either (a) provide to PSI, a written notice to proceed with such
construction work, or (b) terminate this Agreement by written notice to PSE. In the event of
such termination, the City shalt promptly pay PSE the amounts payable to PSE in connection
with termination under Section 5.5.
Resolution No. 4706
April 20, 2011
Exhibit 1
-2-
Section 2. Operating Rights.
Unless otherwise provided for in Exhibit B, the City shall be solely responsible for
any costs related to acquisition of any and all operating rights for the Facilities that are
necessary or appropriate, in addition to or as replacement for the Existing Operating Rights,
for completion of the Relocation Work ("New Operating Rights"). Such New Operating
Rights obtained by PSE shall be in PSE's name, shall be of equivalent quality and kind as the
Existing Operating Rights and shall be provided in a form acceptable to PSE, all as
determined by PSE in its sole discretion, The New Operating Rights shall be provided with
sufficient title information demonstrating to PSE's satisfaction that PSE shall obtain clear,
good and sufficient title to such rights, if applicable. PSE shall not be obligated to commence
the RelocationWork, or otherwise in any way change, limit, curtail, impair or otherwise affect
the normal and reliable operation of the Facilities as located upon or relative to the Existing
Operating Rights, unless and until PSE is in possession of the New Operating Rights.
Section 3. Permits.
PSE shall obtain all necessary permits, licenses, certificates, inspections, reviews,
impact statements, determinations, authorizations, exemptions or any other form of review or
approval given, made, done, issued or provided by any one or more governmental authorities
with jurisdiction necessary or convenient for the Relocation Work (collectively, "Permits")
and the City shall be solely responsible for any costs related to the acquisition of said
required documentation. The Permits shall be on such terms and conditions as PSE shall, in
its sole discretion, determine to be appropriate to its needs. PSE shall not be obligated to
commence construction for the Relocation Work, or otherwise in any way change, limit,
curtail, impair or otherwise affect the normal and reliable operation of the facilities, unless
and until PSE is in possession of all Permits necessary for the Relocation Work and all rights
of appeal with respect to the Permits shall have been exhausted. The City shall be
responsible for performance of and any costs associated with any mitigation required by the
Permits.
Section 4. Materials and Ownership
Unless specifically agreed otherwise in writing by the Parties, PSE shall provide all
necessary materials, equipment and labor required to perfor►n the Relocation Work. All
materials, information, property and other items provided for, used or incorporated into the
Relocation Work (including but not limited to the Facilities) shall be and remain the property of
PSE.
Section S. Relocation Costs
5.1 Estimate. PSE's good faith estimate of the costs to perform the Relocation
Work (the "Relocation/Modification Estimate") is $112,407.61 and is attached as Exhibit C.
The Parties agree that the Relocation/Modification Estimate is an estimate only and PSE shall
Resolution No. 4706
April 20, 2011
Exhibit 1
-3-
be entitled to reimbursement of all actual costs incurred in or allocable to the performance of
the Relocation Work.
5.2 Costs in Excess of Estimate. PSE shall use reasonable efforts to monitor its
actual costs incurred during the perfoi-rnance of the Relocation Work, and in the event PSE
determines that such costs are likely to exceed the Relocation/Modification Estimate by more
than ten percent (10%), PSE shall so notify the City in writing. In such event PSE may, at its
discretion, suspend performance the Relocation Work and PSE shall not be obligated to
continue with performance of any Relocation Work unless and until PSI, receives the City's
written acceptance of PSE's revised Relocation/Modification Estimate and written notice to
proceed with the Relocation Work. In the event PSE does not receive such acceptance and
notice from the City within ten (10) working days from the date of PSE's notice, then PSE
may, at its discretion, terminate this Agreement. In the event of such termination, the City
shall promptly pay PSE the amounts payable to PSE in connection with termination under
Al t ~
5.3 Relocation Costs. The City shall be responsible for, and shall reimburse PSE
for, all costs and expenses incurred by PSE in connection with the perfonnance the
Relocation Work (the "Relocation Costs") described in Exhibit B. For purposes of this
Agreement, the Relocation Costs shall include, without limitation, any and all direct and
indirect costs incurred by PSE in connection with the performance of the Relocation Work,
including, but not limited to, labor, personnel, supplies, materials, overheads, contractors,
consultants, attorneys and other professionals, administration and general expenses and taxes.
5.4 Statement of Costs - Invoice. Within sixty (60) calendar days of the
completion of the Relocation Work, PSE shall provide the City with a statement and invoice
of the actual Relocation Costs incurred by PSI,. PSE shall provide, within a reasonable
period after receipt of any written request from the City, such documentation and inforanation
as the City may reasonably request to verify any such invoice.
5.5 Costs Upon Termination of Agreement. In the event either Party terminates
this Agreement, the City shall promptly pay PSE, the following:
(a) all costs and expenses incurred by PSE in connection with the
Relocation Work (including, without limitation, all Relocation Costs incurred through
the date of termination and such additional costs as PSE may incur in connection with
its suspension or curtailment of the Relocation Work and the orderly termination of
the Relocation Work); and
(b) all costs and expenses incurred by PSE in returning and restoring the
Facilities to normal and reliable commercial operations.
5.6 Payment. The City shall, within thirty (45) calendar days after the receipt of
an invoice for costs payable under this Agreement, remit to PSE payment for the full amount
of the invoice.
Resolution No. 4706
April 20, 2011
Exhibit 1
-4-
Section 6. Indemnification
6.1 Indemnification. The City releases and shall defend, indemnify and hold
harmless PSE from all claims, losses, harm, liabilities, damages, costs and expenses
(including, but not limited to, reasonable attorneys' fees) caused by or arising out of any
negligent act or omission or willful misconduct of the City in its performance under this
Agreement. PSE releases and shall defend, indemnify and hold harmless the City from all
claims, losses, harm, liabilities, damages, costs and expenses (including, but not limited to,
reasonable attorneys' fees) caused by or arising out of any negligent act or omission or willful
misconduct of PSE in its performance under this Agreement. During the performance of
such activities employees or contractors of each Party shall at all times remain employees or
contractors, respectively, that Party and shall not be, or be construed to be, employees or
contractors, respectively, of the other Party.
6.2 Title 51 Waiver. Solely for purposes of enforcing the indemnification
obligations of a Party under this Section 6, each Party expressly waives its immunity under
Title 51 of the Revised Code of Washington, the Industrial Insurance Act, and agrees that the
obligation to indemnify, defend and hold harmless provided for in this Section 6 extends to
any such claim brought against the indemnified Party by or on behalf of any employee of the
indemnifying Party. The foregoing waiver shall not in any way preclude the indemnifying
Party from raising such immunity as a defense against any claim brought against the
indemnifying Party by any of its employees.
Section Disclaimers and Limitation of Liability
7.1 Disclaimer. Neither PSE or the City make representations or warranties of
any kind, express or implied, with respect to the Relocation Work or other items or services
provided under this Agreement including, but not limited to, any implied warranty of
merchantability or fitness for a particular purpose or implied warranty arising out of course of
performance, course of dealing or usage of trade.
7.2 Limitation of Liability. In no event shall PSE or the City be liable, whether
in contract, warranty, tort or otherwise, to any other party or to any other person for any
indirect, incidental, special or consequential damages arising out of the performance or
nonperformance of the Relocation Work or this Agreement.
Section 8. Miscellaneous
8.1 Tariffs Control. This Agreement is in all respects subject to all applicable
tariffs of PSE now or hereafter in effect and on file with the WUTC. In the event of any
conflict or inconsistency between any provision of this Agreement and any such tariff, the
terms of the tariff shall govern and control.
8.2 Survival. Sections 2, and 4 through 8 shall survive any termination of this
Agreement. Subject to the foregoing, and except as otherwise provided herein, upon and
Resolution No. 4706
April 20, 2011
Exhibit 1
-5-
following termination of this Agreement neither Party shall have any further obligations
arising under this Agreement and this Agreement shall be of no further force or effect.
8.3 Waiver. The failure of any Party to enforce or insist upon strict performance
of any provision of this Agreement shall not be construed to be a waiver or relinquishment of
any such provision or any other provision in that or any other instance; rather, the same shall
be and remain in full force and effect.
8.4 Entire Agreement. This Agreement, including any exhibits hereto, sets forth
the complete and integrated agreement of the Parties. This Agreement cannot be amended or
changed except by written instrument signed by the Party to be bound thereby.
8.5 Force Majeure. In the event that either Party is prevented or delayed in the
performance of any of its obligations under this Agreement by reason beyond its reasonable
control (a "Force Majeure Event"), then that Party's performance shall be excused during the
Force Majeure Event. Force Majeure Events shall include, without limitation, war; civil
disturbance; storm, flood, earthquake or other Act of God; storm, earthquake or other
condition which necessitates the mobilization of the personnel of a Party or its contractors to
restore utility service to customers; laws, regulations, rules or orders of any governmental
agency; sabotage; strikes or similar labor disputes involving personnel of a Party, its
contractors or a third party; or any failure or delay in the performance by the other Party, or a
third party who is not an employee, agent or contractor of the Party claiming a force Majeure
Event, in connection with the Relocation Work or this Agreement. Upon removal or
termination of the Force Majeure Event, the Party claiming a Force Majeure Event shall
promptly perform the affected obligation in an orderly and expedited manner under this
Agreement or procure a substitute for such obligation. The Parties shall use all commercially
reasonable efforts to eliminate or minimize any delay cause by a Force Majeure Event.
8.6 Enforceability. The invalidity or unenforceability of any provision of this
Agreement shall not affect the other provisions hereof, and this Agreement shall be construed
in all respects as if such invalid or unenforceable provisions were omitted.
8.7 Notice. Any notice, request, approval, consent, order, instruction, direction or
other communication under this Agreement given by either Party to the other Party shall be in
writing and shall be delivered in person to an authorized representative or mailed, properly
addressed and stamped with the required postage, to the intended recipient at tlhe address and
to the attention of the person specified below the Parties' respective signatures on this
Agreement. Either Party may from time to time change such address by giving the other
Party notice of such change in accordance with this section.
8.8 Governing Law. This Agreement shall be interpreted, construed and
enforced in all respects in accordance with the laws of the State of Washington. This
Agreement shall be fully binding upon the Parties and their respective successors, assigns and
legal representatives.
Resolution No. 4706
April 20, 2011
Exhibit 1
-6-
In witness whereof, the Parties have execrated this Agmement as of the date set forth above.
PSE:
Puget Sound Energy, Ine.
City:
By By
Its Its
Address:
Attn:
Address:
Attn:
Resolution No. 4706
April 20, 2011
Exhibit 1
EXHIBIT` A
EXISTING FACILITIES; Shown on attached drawing and consist of
aerial conductors, and polc& Padmounted transformer and vault. Aerial
service condutors will be transferred and extended as required.
EXISTING OPERATING RIGHTS: Easement and franchise.
Resolution No. 4706
April 20, 2011
Exhibit 1-A
_8_
EXHIBIT R
RELOCATION WORK
PSE, as shown on attached drawing, will:
Remove existing aerial facilities from P01 to P09, provided all
communication facilities are removed by others.
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Install two new giu-lam self-supporting poles at P02 and P04.
9 Transfer and extend aerial 600 volt set-vice conductors as needed.
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