Loading...
AG 00-158 OATE IN: DATE CUT: °, CITY OF FEDERAL AY L:.AW DEPARTMENT REQUEST FOR CONTRACT PREPARATIONIDOCUMENT REVIEW/SIGNATURE ROUTING SLIP 1. ORIGINATING OEPT ./DIV. :p t-th J I ¿ ~ 2. ORIGINATING STAFF PERSON: C~O¿.. 4. TYPE OF DOCUMENT REaUESTEO [CHECK ONE]: EXT:.1i..2l 3. DATE REa. By: 0 PROFESSIONAL SERVICE ABREEMENT 0 MAINTENANCEILABOR ABREEMENT 0 PUBLIC WORKS CONTRACT 0 SMALL PUBLIC WORKS CONTRACT [LESS THAN 82S,ODOJ 0 PURCHASE ABREEMENT [MATERIALS, SUPPUES, EGlUIPMEN'11 0 SECURITY DOCUMENT [E.G., AGREEMENT & PERFIMAIN BONa; AsSIGNMENT OF FUNDS IN LIEU OF BONOJ 0 CONTRACTOR SELECTION DOCUMENT [E.G., RFB, RFP, RFC1J 0 CONTRACT AMENDMENT AmI: ~~::E'tLnt1'cgzr~ t3Jnvlj"5/Ò7t +;~-~ 0 REAL ESTATE PURCHASE & SALES ABREEMENT 0 COSO ... """"OCT NAME' (þ7 ~ r?Ju r;I &7 Vd 51 ¡þz &- 5. 39 Q.¿u Sfý å~1- B. NAME OF CDNTRACTOR:- _e ADDRESS: ,3 J ?D 5. '3?J-Ih 5fy at CJ81tYl PHONE: TYPE OF PERBON DR ENTITY [CHECK ONE]: 0 INDIVIDUAL 0 SOLE PROPRIETORSHIP 0 PARTNERSHIP 0 CORPORATION SIGNATURE NAME:~ V) F L °je.Y1 STATE: TAX IOlIBSI: TITLE: Ta r ¡-ff (' Ør1 ~ Ik y¡j- 7. SCOPE OF WORK: ATTACH ExHISIT A. A COMPLETE AND DETAILED DESCRIPTION OF THE BERVICES DR BCDPE OF WORK, INCLUDING COMPLETION DATE FDR EACH PHASE OF WORK AND LOCATION OF WORK. B. TERM: COMMENCEMENT DATE: COMPLETION DATE: 9. TOTAL COMPENSATION $ [INCLUDE EXPENSES AND SALES TAX, IF ANy] [IF CALCULATEa aN HOURLY LASOR CHARGE - ATTAC.. BCHEaULES OF EMPLOYEES TITLES ANa "OUOAY RATEsJ REIMBURSABLE EXPENSES: DYES DYES ONo ONo IF YES, MAXIMUM DOLLAR AMOUNT: $ Is SALES TAX OWED? IF YES, $ PAID BY: 0 CONTRACTOR 0 CITY 10. SELECTION PRDCESS USED [CHECK DNE]: 0 REQUEST FOR BIDS 0 REGUEST FOR PROPOSALS 11. Co ¡TRACT REVIE\AI D.....a \ùJ.. MItN M:teK-- ~ DIRECTOR ~w [ALL CONTRACTSJ 0 RISK MANABEMENT [ALL caNTRACTB EXCEPT AMENaMENTB, caNTRACTDR SELECTION aocuMEN'11 0 REQUEST FOR GluOTES 0 REQUEST FOR GluALIFICATIONS 0 ARCHITECT & ENBINEER LIST 0 SMALL WORKS ROSTER INITIALIDATE ApPROVED !;;I.+tL.,__,4 BElli .IB.II"" 11. CONTRACT SIGNATURE ROUTING .\2,1-' 8'P 5'~GO WHITE - ORIG'NAL BTAVS WITH CONTRACT CANARY - CUiRK TO BT"'" PINK - LAW a.PT. GOLDENROD - ""'G'NATING BT"'" LD4BR tRIIY 1118BI ~~~. \':)~ UNDERGROUND CONVERSION AGREEMENT THIS Agreement, dated as ofthis;"~ day of September, 2000, by and between the CITY OF FEDERAL WAY, Washington, a Municipal Corporation (the "City") and PUGET SOUND ENERGY, Inc., a Washington Corporation (the "Company"). RECIT ALS 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 South 320th Street between 11 th Place South and 20th Avenue South as more specifically identified on work order number 101003296 (the "Conversion Area"). The street improvement program includes auxiliary turn lanes, curb, gutter, sidewalk, and pavement overlay. 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. ORIGINAL 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, at its expense except as otherwise provided herein, 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, at its expense, except as otherwise provided herein, 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. 5. 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. 2 The total cost is presently estimated at Five Hundred Eighty Five Thousand dollars ($585,000.00); 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 180 days 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. Should the forgoing estimated amount increase by more than ten percent (10%) the City shall have the right to cancel and terminate this agreement. Upon termination the City shall pay the actual costs incurred by the Company to date. 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. 8. The Company shall provide reasonable assistance in obtaining 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 this Agreement. 3 The Company shall not be required to bear the costs of any necessary 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. 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 reasonable 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 a reasonable time following receipt of 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 8 and 11. 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 under this Agreement to the City. 4 11. The City shall furnish any and all operating rights required by the Company under its Tariffs, 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. 12(a) The City releases and shall defend, indemnify and hold the Company (and its successors and assigns, and the respective directors, officers, employees, agents and representatives of 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 activities set forth in this Agreement to the extent caused by the negligent acts, errors, or omissions of the City, its employees or agents. (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 activities set forth in this Agreement to the extent caused by the negligent acts, errors, or omissions of the Company, its employees or agents. 13. 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 ofthe 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. 14. The City shall, after consultation with Puget, use its best efforts to provide a location or route whereby the Main Distribution System will not have to be relocated as a result of the City's actions or requirements for a period of twenty (20) years. 5 15. 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. 16. During the performance of all activities described in the Agreement, neither the City's nor the Company's employees shall be considered employees of the other Party. 17. No provision of this Agreement may be amended or modified except by written agreement signed by the Parties. This Agreement shall be binding upon and inure to the benefit of the Parties' successors in interest, heirs and assigns. Any provision of this Agreement which is declared invalid or illegal shall in no way affect or invalidate any other provision. The venue for any dispute related to this Agreement shall first be the Washington Utilities and Transportation Commission, Olympia, Washington and secondly King County, Washington. Failure of the City or the Company to declare any breach of default immediately upon the occurrence thereof, or delay in taking any action in connection with, shall not waive such breach or default. BY :~£Pl~ Lynn F. Logen ITS City Manager 9/ U / 1'0 ( ( A~ (Œ-¿~~ity Clerk, N. Christine Green, CMC Approved as to form: ~ c.~ Interim City Attorney, Bob C. Sterbank ITS Tariff Consultant Date Signed Date Signed 1:(/2 g/eJ~ 6