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Home My WebLink About10-053 - Puget Sound Energy (PSE) - Undergrounding Utilities for Tukwila SouthPUGET SOUND ENERGY CHANGE ORDER Number # 7 To: City of Tukwila 6300 Southcenter Blvd. Suite#10( Tukwila WA 98188 Attn: Robin Tischmak Project: TUKWILA SOUTH SCHEDULE 74 Description of work: Change order #7 is for 1 day of conduit proofing in hot vautls, and the overtime differential of the line crew to minimize impact on the Segale Park businesses / 0%3 (a) Date: 1118/2012 Project Number: 101060502 Project Manager: Bostrom Item Amount Comments Company Labor Materials $ Service Provider Outside Services $ 7,401 includes sales tax Operating Rights $ Overhead $ 1,332 Company Total $ 8,733 Government Entity Labor Operating Rights Change Order Total Government Entity Total $ $ 8,733 Allocation of Change Order Total Company 60% $ 5,240 Government Entity 40% $ 3,493 Change Order Total $ 8,733 Note: This change order will be effective only when signed by both parties: Puget Sound Energy City of Signed: Title: Date: !Z -�,- (Please sign and return one copy) Signed: _ Title: Date: 3591 7 -04 Puget Sound Energy PO Box 90868 Bellevue, WA 98009 -0868 1 /6/, zt <3 PUGET SOUND ENERGY a subsidiary of PUGET ENERGY PUGET SOUND ENERGY CHANGE ORDER Number # 6 To: City of Tukwila 6300 Southcenter Blvd. Suite#10( Tukwila WA 98188 Attn: Robin Tischmak Project: TUKWILA SOUTH SCHEDULE 74 Description of work: REVISION FOR SCH 74 INSPECTION COSTS. ORIGINALL BILLING WAS FOR 96 hours. The total hours of inspection for the Sch74 portion was 222 hours. /o-o3 �-F) Date: 11/8/2012 Project Number: 101060502 Project Manager: Bostrom Item Amount Comments Company Labor Materials $ Service Provider Outside Services $ 12,975 Operating Rights $ - Overhead $ 2,335 Company Total $ 15,310 Government Entity Labor $ Operating Rights $ Government Entity Total $ Change Order Total $ 4,310 includes sales tax Allocation of Change Order Total Company 60% $ 2,586 Government Entity 40% $ 1,724 Change Order Total 4,310 Note: This change order will be effective only when signed by both parties: Puget Sound Energy City of Signed: Title: Date: /?7 z.4_ /Z Signed: Title: Date: (Please sign and return one copy) / S rJ 0,1 (G /A74-c-5 3591 7 -04 Puget Sound Energy PO Box 90868 Bellevue, WA 98009 -0868 PUGET SOUND ENERGY a subsidiary of PUGET ENERGY PUGET SOUND ENERGY To: City of Tukwila 6300 Southcenter Blvd. Suite #101 Tukwila WA 98188 Attn: Robin Tischmak Project: TUKWILA SOUTH SCHEDULE 74 Description of work: CHANGE ORDER Number # 5 /6 -6S3 Date: 3/20/2012 Project Number: 101060502 Project Manager: VEGA This change order #5 is provide off hours support for the cut over of current customers duffing non - core hours. Item Amount Comments Company Labor Materials Service Provider Outside Services $ 3,515 includes sales tax Operating Rights $ - Overhead $ 633 Company Total 4,148 Govemment Entity Labor $ Operating Rights $ Govemment Entity Total $ Change Order Total $ 4,148 Allocation of Change Order Total Company 60% $ 2,489 Govemment Entity 40% $ 1,659 Change Order Total Note: This change order will be effective only when signed by both parties: Puget Sound Energy Signed: Title: Date: 3591 7.04 , iz — 6— ("2._ (Please sign and return one copy) City of Signed: Title: Date: 501-,1 ez (6l /t//1-'%S Puget Sound Energy PO Box 90868 Bellevue, WA 98009 -0868 PUGET SOUND ENERGY a subsidiary of PUGET ENERGY • PUGET SOUNu ENERGY CHANGE ORDER Number CCO#3 To: (iv Attn: Rdb i , sc A ,�- Project: L \ A Description of work: /0 - US3Cc) Date: Project Number: /0/ 06 05-6 Project Manager: The original project pricing was developed in March of 2010. Construction will now take place in 2011. The Project Plan made provisions to update the construction costs for construction labor that took place after 2011 contractual labor rates went into effect. This Change Order covers those labor cost increases. This Change Order will be billed at 60140 cost share. Item Amount Comments Company Labor Materials $ Service Provider Outside Services $ 24,341 Operating Rights $ - Overhead $ 4,381 Company Total $ 28,722 Govemment Entity Labor $ Operating Rights $ Govemment Entity Total $ Change Order Total $ 28,722 includes sales tax Allocation of Change Order Total Company 60% $ 17,233 Govemment Entity 40% $ 11,489 Change Order Total 28,722 Note: This change order will be effective only when signed by both parties: Puget Sound Energy Signed: Title: Date: 3591 7-04 /PJG -4 -(7 (Please sign and return one copy) City of Signed: Title: Date: Puget Sound Energy PO Box 90868 Bellevue, WA 98009-0868 PUGET SOUND ENERGY a subsidiary of PUGET ENERGY PUGET SOUND ENERGY To: City of Tukwila Date: 8/9/2010 6300 Southcenter Blvd. Suite #100 Tukwila WA 98188 Project Number: 101060502 Attn: Robin Tischmak Project Manager: VEGA Project: TUKWILA SOUTH SCHEDULE 74 Description of work: Company Labor Materials 8,012 Service Provider Outside Services 25,839 Operating Rights Overhead 5,078 Company Total 38,929 Govemment Entity Labor Operating Rights Government Entity Total Change Order Total Item This change order 2 is for the relocation of existing OH wires along the South part of the conversion. Between station 141+00 and 150 +50, the customer has requested the existing overhead primary be moved to the east of the preload area. This will allow the customer to do all road work while still maintaining service to Seattle Tractor Also, the pole feeding the existing primary meter is to be moved to provide a temporary feed to the new vault farm location. (The vaults being placed are being done so under the original job scope.) This new overhead system will be removed when the J -Box (VN37) is fed from its final location. This is all being done per customer request to provide clearance from construction equipment, while still maintaining a primary service feed to the existing customer. 38,929 Allocation of Change Order Total Company 0% Govemment Entity 100% 38,929 Change Order Total Signed: Title: Date: 3591 7-04 Amount Comments material, and stores includes sales tax Note: This change order will be effective only when signed by both parties: Puget Sound Energy (Please sign and return one copy) Puget Sound Energy PO Box 90868 Bellevue, WA 98009 -0868 -6S 10 CHANGE ORDER Number 2 Council Approval N/A City of 11./K-u/tt(4 Signed: Title: Date: /U 0 3 i Gf. (C //t4A 38,929 PUGET SOUND ENERGY a subsidiary of PUGET ENERGY REMOVE NX 316080 rP 164580 3160 Th REMOVE 316U91, 164586'- t .(7 f �1 ;;OM TO Li< c REMOVE 1 PE25 �d6 316093 1 /164596 5 PCO2 316136 164610 REMOVE ��3161 3 PCO3 316112 164603 UPGRADE 316162 LX 164619 EXISTING 316155 E22 164621 316179 PX 164627 Pr EXISTING 316154 164636 SITE NOTES: AT PE20: 316162- 164619 (UPGRADE) INSTALL 45' CL4 POLE AND GROUNDS INSTALL 30 DOUBLE DEAD END #2ACSR TRANSFER EXISTING TRANSFORMER TRANSFER AND CONNECT EXISTING SEC. FEED FROM MOVING COMPANY AT PCO2: 316136 164610 (NEW) INSTALL 45' CL4 POLE AND GROUND INSTALL 30 NEUT -PRI TANGENT AT PCO3: 316112- 164603 (NEW) INSTALL 45' CL4 POLE AND GROUND INSTALL 30 NEUT -PRI TANGENT AT PC04: 316093 164596 (NEW) INSTALL 50' CL4 POLE AND GROUND INSTALL 30 NEUT -PRI TANGENT AT PCO5: 316391- 164696 (NEW), INSTALL 55' CL1 POLE INSTALL 30 NEUT -PRI DOUBLE- DOUBLE DEAD END INSTALL SINGLE HELIX ANCHOR (15' EAST) INSTALL 8" NEUTRAL %6 PRIMARY DOWNGUYS INSTALL SINGLE HELIX ANCHOR (15' SOUTH) INSTALL 8" NEUTRAL PRIMARY DOWNGUYS AT PC06: 316077- 164570 (NEW) INSTALL 50' CL4 POLE AND GROUND INSTALL 30 NEUT -PRI DEAD END INSTALL Yo ALUM. 30 [RO/ TER, PM FG TRO -UNIT INSTALL (3) L/B C /O'S SIRGE ARRESTERS. (FUSE 100T) INSTALL (3) STRIRRUPS INSTALL 4" RISER ON S/O BRKTS INSTALL SINGLE HELIX ANCHOR (15' SOUTH) INSTALL NEUTRAL 7 /6' PRIMARY DOWNGUYS AT VN37: 316078- 164574 (NEW) INSTALL (3) L/B ELBOWS SPAN NOTES OVERHEAD:REFER TO WIRE STRING TABLE. PC06 TO VN37 INSTALL (40 4" DB120 CONDUIT FT) INSTALL (80') 4" 30 Y AL JK PRIMARY CABLE FT) 100T 164570 rPC06 T 0716 fir 117 a. PI;IMARY METER 1645 1 316070 164571 164587 SITE PLAN REMOVE X6521 316077 EE 100T 164572` 1 /,V VN37 C 10 �5 POLE TABLE (NEW) Site 1 Pole Data I Grid I Height 1 Class Year Remarks Location Ref. PE20 1 316162 164619 I 45 4 PCO2 316136 164310 I 45 4 PCO3 1 316112 164603 I 45 4 PC04 1 316093- 164596 1 50 4 PCO5 1 316070 164587 I 55 1 PC06 1 316078 164574 I 50 1 2 WIRE STRINGING PRIMARY SECONDARY Location From To PE20 PCO2 PCO2 PCO3 PCO3 PC04 PC04 PCO5 PCO5 PC06 Prl Sec X1 X1 X1 X1 X1 Wire Size Type 130 #2ACSR PRI NEUT. 30 #2ACSR PRI NEUT 30 #2ACSR PRI NEUT 30 #2ACSR PRI NEUT 30 #2ACSR PRI NEUT Length (per Quality conductor) 220 280 200 240 190 TOTAL 30 #2ACSR PRI NEUT 1130' (4520' TOTAL WIRE) POWER GENERAL NOTES COMMERCIAL PROJECT 1. All materials to be installed in accordance with Sound Energy's (PSE) standards. Any deviation from this work sketch must be AUTHORIZED by PcteIca's Project Manager and NOTED on the Foremans' Copy 2. All switching arrangements and /or outage arrangements are to be made with the Project Manager at least three (3) working days in advance. 3. Contact the Utilities Underground Location Center (1- 800 424 -5555) at least 48 hours prior to commencing work to get the underground facilities located. 4. STAKING: The customer will provide all staking (transformer, handhole, trench, grade, lot, pole, sidewalk, etc.). See sketch and details for locations. Equipment locations must be approved by the Project Manager 5. SITE PREPARATION: The work area will be at or near finished grade, clear of trench spoils or construction materials which would restrict construction and /I r equipment access, before work can begin. 6. CLEARANCES. Transformers require a minimum of 6 feet from fire fighting equipment, 10 feet from combustible walls, overhangs, doors, and windows, and a minimum of 5 feet from the back of curb (or guard posts will be required per PSE standards). All c and vaults are to be at least 5 feet away from water, storm and sewer lines when paralleling them in :he right of way, and at least 1 foot when crossing them. 7. All work is to be done in accordance with local rpunicipal and county permit requirements as applicable. 8. Customer /Developer is responsible to provide, install and maintain all secondary service cables, conduits and crossings from the individual unit's meter bz se to the designated connection point. 9. Inclement weather conditions may cause delays construction times and dates. 10. EXCAVATION: The customer is to provide all trenching, backfill, vault excavations, compaction and restoration per this sketch and per PSE standards. A minimum protective cover of 36" is required over PSE's primary voltage equipment and 24" is req fired of PSE's secondary voltage equipment. The customer will provide any and all shoring or they will side lope the trench to 1 Signature Print Name POTELCO DESIGN AND QUALITY ASSURANCE This design complies with PSE Design /Engineeri1g Standards. Any /all variations have been pre approved /documented by the appropriate PSE Representative. Date 6 1217 8126 —A 8127 —B 9126 —C XZ 316412 164719 13762 —A 13763 -9 ;3764 —C 1 1584 100T 38 —A 59 -8 70 —C _,5t l b ABYI20 —C 53762 -A 53763 -B 53764 -C AAX532 -A A AAX533 —B A AAX534 —C A 3111397 16.733 44971 —C 18205' (026152) 25930 -A 25931 -8 25932 -C/ 18 264" OUND CIRCUIT MAP 257 31f Um X1217 100T 407 X5583 100T 00 KVAR C X -7023 65T 30 s U2350 t rU781 3� 30 U3288 30 y i" if OVERHEAD CIRCUIT MAP SCALE: 6" 1 MILE of f Vici Map TH BROS MAP: PAGE685 :F 1 -2 -3 G:1 -2 -3 FOREMAN (CHECK BOX WHEN COMPLETED) i rf,,LW,. 9\l'' PSE Equipment LOCKED/SECURED Work Area left in CLEAN /SAFE Condition. w 1 Grid, Cable, and Switch numbers INSTALLED VERIFIED. I Field Changes RED -LINED on As- bullt. ,Ifeighis r Material VERIFIED and CHANGES noted on Paperwork. Total PRIMARY Cable noted on As- built. Company 113#'s RECORDED in correct location on As- built. Indicate correct FUSE SIZE on As -built VERIFY proper PHASE. Correct QC Checklist(s)reviewed. Deviations noted on the As -built and their reason. I certify that the work performed meets PSE's standards and procedures and that all quality requirements are met. Foreman's Signature Print Name Date PROJECT PHASE PWR Superior Perm. Service Relocation Removal Temporary Job Order GAS Distribution HP Main HP Svc/MSA CABLE TV PHONE NOTIF# X300291435 N/A N/A N/A N/A N/A N/A N/A N/A Project Manager Contact Information: Jose Vega 425 766 -0993 CeII Phone NIA Pager Developer cy "Locates Required" I No "Outages Required" "Flagging Required" 3 2 1 REV# 1 DATE COUNTY KING 1/4 SEC SW 1/4 SEC35 T23 R04E U -MAP NO (POWER) 2304E139 UTILITIES CONTACT PHONE# N/A OP MAP N/A I OH CKT MAP 2305E124 2204E048 es PUGET SOUND ENERGY DESIGNED BY P FOTELCO INC N/A N/A N/A MAT# Yes PSE No No No BY (DESCRIPTION Emer Sect Gas Wk Ctr POWER WK CTR ORDER# 101(160502 N/A NIA N/A N/A I N/A N/A NIA N/A N/A QCSOKE PLAT MAP N/A UG .76thSL.- CKT MAP CIRCUIT iJ REAL ESTATE /EASEMENT FUNCTION 'PROJECT MGR IENGR POWER IENGR GAS DRAWN BY CHECKED BY APPROVED BY FOREMAN! #1 'FOREMAN #2 VARIES 23046139 E 0 MAPPING JOINT FACILITIES ARRANGEMENTS N/A N/A NIA N/A NIA N/A TUKWILA SOUTH DEVELOPMENT SCH 74 CHANGE ORDER 2: OUST REQ RELOC TUKWILA 98138 ,JOB LOCATION 'S 1 The S 1901 SI 5 Berk 5r 5 20655 5t Owner/ Developer Contact Info LA PIANTA LLC. P.O. BOX 88028 TUKWILA WA 98138 ATTN: MARK A. SEGALE 206 -575 -2000 office For contacts below dial 1- 888 -CALL PSE (225 -5773) CALL (800) 424-5555 2 BUSINESS DAYS BEFORE YOU DIG THIS SKETCH NOT TO BE RELIED UPON FOR EXACT LOCATION OF EXISTING FACILITIES PERMIT REDT# CITY OF TUKWILA CONTACT PHONE NO Jose Vega 425 766 0339 Scott Bostrom 253- 606 -4552 N/A N/A Scott Bostrom 253- 606 -4552 N/A NIA N/A INCIDENT N/A Gas Order NIA SCALE VARIES S21 DATE 7/28/10 7/28/10 N/A 7/28/10 MAOP N/A Elect Order 101060502 PAGE 1 OF 1 PUGET SOUND ENERGY To: City of Tukwila 6300 Southcenter Blvd. Suite #10' Tukwila WA 98188 Attn: Robin Tischmak Project Manager: VEGA Project: TUKWILA SOUTH SCHEDULE 74 Description of work: Item Government Entity Labor Operating Rights Govemment Entity Total This change order 1 is for the relocation of existing PSE facilities at the north end of the conversion at station 115 +00. The existing pole, that is currently feeding the customer at the llama farm, needs the guy removed, and the OH triplex service attached to it, raised for construction equipment clearance. This will be scoped by installing a push brace, on the existing pole for removal of the guy. And, a secondary 45' pole will be installed to raise the oh triplex above the needed construction equipment clearance. This change order also reflects the removal of this additional pole in at the end of the project. Company Labor Materials 1,516 Service Provider Outside Services 4,544 Operating Rights Overhead 909 Company Total 6,969 Change Order Total 6,969 Allocation of Change Order Total Company 0% Government Entity 100% 6,969 Change Order Total 3591 7-04 CHANGE ORDER Number 1 /0- 0S Amount Comments material, and stores includes sales tax Note: This change order will be effective only when signed by both parties: Puget Sound Energy (Please sign and return one copy) Puget Sound Energy PO Box 90868 Bellevue, WA 98009 -0868 City of �vi�Wltk 10-053(a) Council Approval N/A AUG 12 2010 PUBLIC WORKS Date: 7/28/2010 Project Number: 101060501 6,969 Signed: ti•e� Signed: LA_ Title: 12,x/► Title: P►%ff7g Date: gt eZ ,20/c Date: 1(o ,l i OK/( //J/Jc PUGET SOUND ENERGY a subsidiary of PUGET ENERGY N ROVE 316394 1646 NEW 164696 316391/- rl EXISTING X 0 316386 P 0 c RX 164694 o /r\ o f' i a F EXfSTING N. PER UNGRIDED rn UNGRIDED100T o X o SITE PLAN, N c N P E0 1 316412 X1217 164714 1007 E> SITE NOTES: AT PE02: (EXISTING) RECONNECT ALL SECONDARY TO NEW FEED FROM PC01 AT PE05: 316386- 164694 (EXISTING) INSTALL 30' PUSH BRACE REMOVE EXISTING GUY, AND ANCHOR CONNECT NEW SECONDARY TO PC01 AT PC01: 316391 164696 (NEW) INSTALL 45 CL4 POLE INSTALL RIGID CLEVIS 8" MARK CONNECT NEW SECONDARY FROM PEO5 PEO2 TO PEO5 REMOVE (110') EXISTING OH TRIPLEX SECONDARY PEGS TO PC01 INSTALL (50) NEW OH TRIPLEX SECONDARY I PC01 TO PEO2 INSTALL (90') NEW OH TRIPLEX SECONDARY irk 43544 —A 43545 —B 43546 —C 316410 164716 100T X1217 ACD126 —A ACD127 —B ACDI28 —C 316412 XZ 164719 0 53762 —A 53763 -8 53764 —C X5584 1007 ACI468 —A ACI469 —B AC1470 —C ndT1 ly -o ABYI20 —C 153762 —A 153763 -8 153764 —C 31j397 16 AAX532 —A AAX533 -8 AAX534—C I °18 vis 264" A A 44971 —C 78705" (028152) 25930 —A 25931-3 25932 —C 7 UNDERGROUND CIRCUIT MAP SCALE. NTS FT) FT) FT) 25T U777 X1217 100T 407 X5583 100T U493 900 KVAR Ki X -7023 40T 657 POLE DATA PC01 INSTALL GRID# 316391-164696 PL HT 45 PL CL. 4 PL YEAR PL TYPE :E1781 3 4— 30 U3288 4 F.. 1 -310 OVERHEAD CIRCUIT MAP SCALE. 6" 1 MILE U2350 30 _.U416 31� 1 All materials to be installed in accordance with Puget Sound Energy's (PSE) standards. Any deviation from this work sketch must be AUTHORIZED by Potelco's Project Manager and NOTED on the Foremans' Copy 2. All switching arrangements and /or outage arrangements are to be made with the Project Manager at least three (3) working days in advance. 3. Contact the Utilities Underground Location Center (1- 800 424 -5555) at least 48 hours prior to commencing work to get the underground facilities located. 4. STAKING: The customer will provide all staking (transformer, handhole, trench, grade, lot, pole, sidewalk, etc.). See sketch and details for locations. Equipment locations must be approved by the Project Manager 5. SITE PREPARATION: The work area will be at or near finished grade, clear of trench spoils or construction materials which would restrict construction and /or equipment access, before work can begin. 6. CLEARANCES: Transformers require a minimum of 6 feet from fire fighting equipment, 10 feet from combustible walls, overhangs, doors, and windows, and a minimum of 5 feet from the back of curb (or guard posts will be required per PSE standards). All conduits and vaults are to be at least 5 feet away from water, storm and sewer lines when paralleling them in the right of way, and at least 1 foot when crossing them. 7 All work is to be done in accordance with local municipal and county permit requirements as applicable. 8. Customer /Developer is responsible to provide, install and maintain all secondary service cables, conduits and crossings from the individual unit's meter base to the designated connection point. 9. Inclement weather conditions may cause delays in construction times and dates. 10. EXCAVATION: The customer is to provide all trenching, backfill, vault excavations, compaction and restoration per this sketch and per PSE standards. A minimum protective cover of 36" is required over PSE's primary voltage equipment and 24" is required of PSE's secondary voltage equipment. The customer will provide any and all shoring or they will side slope the trench to 1 POWER GENERAL NOTES COMMERCIAL PROJECT t: 5' SCALE. NTS 116' APPROXIMATE SAG DETAIL 821' o w Z O z (3 w o O OF W Q a w 0 FOREMAN (CHECK BOX WHEN COMPLETED) PSE Equipment LOCKED /SECURED Work Area left in CLEAN /SAFE Condition. Grid, Cable, and Switch numbers INSTALLED VERIFIED. Field Changes RED -LINED on As- built. Material VERIFIED and CHANGES noted on Paperwork. Total PRIMARY Cable noted on As- built. Company ID #'s RECORDED in correct location on As- built. Indicate correct FUSE SIZE on As -built VERIFY proper PHASE. Correct QC Checklist(s) reviewed. Deviations noted on the As -built and their reason. I certify that the work performed meets PSE's standards and procedures and that all quality requirements are met Foreman's Signature Print Name PROJECT PHASE PWR Superior Perm. Service Relocation Removal Temporary Job Order GAS Distribution HP Main HP Svc /MSA CABLE TV PHONE Developer Yes "Locates Required" I No "Outages Required" "Flagging Required" 2 1 REV# COUNTY KING 1/4 SEC SW1 /4 SEC35 T23 RO4E U -MAP NO (POWER) 2304E139 3 I I I I DATE I BY Emer Sect N/A OP MAP UTILITIES CONTACT PHONE# NOTIF# X300291435 N/A N/A N/A N/A N/A N/A N/A N/A Project Manager Contact Information: Jose Vega 425- 766 -0993 Cell Phone N/A Pager N/A OH CKT MAP 2305E124 2204E048 es PUGET SOUND ENERGY DESIGNED BY fOTELCO INC MAT# DESCRIPTION Gas Wk Ctr N/A N/A N/A N/A Date UG CKT MAP Yes PSE No No No ORDER# 101060501 N/A N/A N/A N/A N/A N/A N/A N/A POWER WK CTR QCSOKE PLAT MAP N/A CIRCUIT NO 2304E139 VARIES JOINT FACILITIES ARRANGEMENTS N/A N/A N/A Heights :76th 5t 5 ?I REAL ESTATE /EASEMENT PERMIT REDT# FUNCTION PROJECT MGR ENGR POWER ENGR GAS 1 DRAWN BY CHECKED BY APPROVED BY FOREMAN #1 FOREMAN #2 MAPPING N/A N/A N/A TUKWILA SOUTH DEVELOPMENT SCH 74 CHANGE ORDER: CUST REQ RELOC TUKWILA WA 96138 Vicinity Map THOMAS BROS MAP' PAGE685 :F 1 -2 -3 G r tL 'N' JOB LOCATION 3,. 5 Owner Developer Contact Info LA PIANTA LLC. P.O. BOX 88028 TUKWILA WA 98138 ATTN: MARK A. SEGALE CONTACT Jose Vega Scott Bostrom N/A Scott Bostrom 206 575 2000 office For contacts below dial 1- 888 -CALL PSE (225 -5773) CALL (800) 424 -5555 2 BUSINESS DAYS BEFORE YOU DIG THIS SKETCH NOT TO BE RELIED UPON FOR EXACT LOCATION OF EXISTING FACILITIES CITY OF TUKWILA PHONE NO DATE 425- 766 -0339 7/28/10 253- 606 -4552 7/28/10 N/A N/A 253- 606 -4552 7/28/10 N/A N/A N/A INCIDENT MAOP N/A N/A Gas Order Elect Order N /A 101060501 SCALE PAGE VARIES 1 OF 1 SCHEDULE 74 UNDERGROUND CONVERSION Project Construction Agreement Project Name: Tukwila South Southcenter Parkway Extension Schedule 74 Construction Agreement Project Number: 105052358 THIS Agreement, dated as of this 1 44- day of 2010 is made by and between Puget Sound Energy, and the City of Tukwila, a Municipal Corporation (the "Government Entity and PUGET SOUND ENERGY, Inc., a Washington Corporation (the "Company RECITALS i) Cost of Conversion; ii) Public Thoroughfare; iii) Temporary Service; iv) Trenching and Restoration; v) Underground Distribution System; and vi) Underground Service Lines. Page 1 Tukwila South- Southcenter Parkway Extension Conversion Project 10 -053 Council Approval 5/17/10 A. The Company is a public service company engaged in the sale and distribution of electric energy, and pursuant to its franchise or other rights from the Government Entity, currently locates its electric distribution facilities within the jurisdictional boundaries of the Government Entity. B. The Government Entity has determined that it is necessary to replace the existing overhead electric distribution system within the area specified in the Project Plan (as defined below) (the "Conversion Area with a comparable underground electric distribution system, all as more specifically described in the Project Plan (the "Conversion Project C. The Government Entity and the Company have previously entered into a Project Design Agreement dated as of December 1 2009 (the "Design Agreement pursuant to which the parties completed certain engineering design, cost assessment, operating rights planning and other preliminary work relating to the Conversion Project and, in connection with that effort, developed the Project Plan. D. The Government Entity and the Company wish to execute this written contract in accordance with Schedule 74 of the Company's Electric Tariff G "Schedule 74 to govern the completion of the Conversion Project, which both parties intend shall qualify as an underground conversion under the terms of Schedule 74. AGREEMENT The Government Entity and the Company therefore agree as follows: 1. Definitions. (a) Unless specifically defined otherwise herein, all terms defined in Schedule 74 shall have the same meanings when used in this Agreement, including, without limitation, the following: (b) "Company- Initiated Upgrade" shall mean any feature of the Underground Distribution System which is required by the Company and is not reasonably required to make the Underground Distribution System comparable to the overhead distribution system being replaced. For purposes of the foregoing, a "comparable" system shall include, unless the Parties otherwise agree, the number of empty ducts (not to exceed two (2), typically having a diameter of 6" or less) laIaoi 6i,U4,S of such diameter and number as may be specified and agreed upon in the Project Plan necessary to replicate the load- carrying capacity (system amperage class) of the overhead system being replaced. (c) "Estimated Reimbursable Private Conversion Costs" shall mean the Company's good faith estimate of the Reimbursable Private Conversion Costs, as specified in the Project Plan and as changed and adjusted from time to time in accordance with Section 6, below. (d) "Estimated Reimbursable Temporary Service Costs" shall mean the Company's good faith estimate of the Reimbursable Temporary Service Costs, as specified in the Project Plan and as changed and adjusted from time to time in accordance with Section 6, below. (e) "Estimated Reimbursable Upgrade Costs" shall mean the Company's good faith estimate of the Reimbursable Upgrade Costs, as specified in the Project Plan and as changed and adjusted from time to time in accordance with Section 6, below. (f) (g) (1) (i) "Estimated Shared Company Costs" shall mean the Company's good faith estimate of the Shared Company Costs, as specified in the Project Plan and as changed and adjusted from time to time in accordance with Section 6, below. "Estimated Shared Government Costs" shall mean the Government Entity's good faith estimate of the Shared Government Costs, as specified in the Project Plan and as changed and adjusted from time to time in accordance with Section 6, below. (h) "Government- Requested Upgrade" shall mean any feature of the Underground Distribution System which is requested by the Government Entity and is not reasonably required to make the Underground Distribution System comparable to the overhead distribution system being replaced. For purposes of the foregoing, any empty ducts installed at the request of the Government Entity shall be a Government Requested Upgrade. "Party" shall mean the Company, the Government Entity, or both. "Private Property Conversion" shall mean that portion, if any, of the Conversion Project for which the existing overhead electric distribution system is located, as of the date determined in accordance with Schedule 74, (i) outside of the Public Thoroughfare, or (ii) pursuant to rights not derived from a franchise previously granted by the Government Entity or pursuant to rights not otherwise previously granted by the Government Entity. (k) "Project Plan" shall mean the project plan developed by the Parties under the Design Agreement and attached hereto as Exhibit A, as the same may be changed and amended from time to time in accordance with Section 6, below. The Project Plan includes, among other things, (i) a detailed description of the Work that is required to be performed by each Party and any third party, (ii) the applicable requirements and specifications for the Work, (iii) a description of the Operating Rights that are required to be obtained by each Party for the Conversion Project (and the requirements and specifications with respect thereto), (iv) an itemization and summary of the Estimated Shared Company Costs, Estimated Shared Government Costs, Estimated Reimbursable Private Conversion Costs (if any), Estimated Reimbursable Temporary Service Costs (if any) and Estimated Reimbursable Upgrade Costs (if any), and (v) the Work Schedule. (I) "Operating Rights" shall mean sufficient space and legal rights for the construction, operation, repair, and maintenance of the Underground Distribution System. (m) "Reimbursable Private Conversion Costs" shall mean (i) all Costs of Conversion, if any, incurred by the Company which are attributable to a Private Property Conversion, less (ii) the distribution pole replacement costs (if any) that would be avoided by the Company on account of such Private Property Conversion, as determined consistent with the applicable Company distribution facilities Page 2 Tukwila South- Southcenter Parkway Extension Conversion Project (n) "Reimbursable Temporary Service Costs" shall mean all costs incurred by the Company which are attributable to (i) any facilities installed as part of the Conversion Project to provide Temporary Service, as provided for in Schedule 74, and (ii) the removal of any facilities installed to provide Temporary Service (less salvage value of removed equipment); provided that the Reimbursable Temporary Service Costs shall not exceed the Estimated Reimbursable Temporary Service Costs without the prior written authorization of the Government Entity. (o) "Reimbursable Upgrade Costs" shall mean all Costs of Conversion incurred by the Company which are attributable to any Government Requested Upgrade; provided that the Reimbursable Upgrade Costs shall not exceed the Estimated Reimbursable Upgrade Costs without the prior written authorization of the Government Entity. (p) (q) replacement program, plus (iii) just compensation as provided by law for the Company's interests in real property on which such existing overhead distribution system was located prior to conversion; provided that the portion of the Reimbursable Private Conversion Costs attributable to the Costs of Conversion under subparagraph (i) of this paragraph shall not exceed the Estimated Reimbursable Private Conversion Costs without the prior written authorization of the Government Entity. "Shared Company Costs" shall mean all Costs of Conversion (other than Reimbursable Upgrade Costs, Reimbursable Private Conversion Costs and Reimbursable Temporary Service Costs) incurred by the Company in connection with the Conversion Project; provided, however, that the Shared Company Costs shall not exceed the Estimated Shared Company Costs without the prior written authorization of the Government Entity. For the avoidance of doubt, the "Shared Company Costs" shall, as and to the extent specified in the Design Agreement, include the actual, reasonable costs to the Company for the "Design Work" performed by the Company under the Design Agreement. "Shared Government Costs" shall mean all Costs of Conversion incurred by the Government Entity in connection with (i) any duct and vault installation Work which the Parties have specified in the Project Plan is to be performed by the Government Entity as part of the Government Work, and (ii) the acquisition of any Operating Rights which the Parties have, by mutual agreement, specified in the Project Plan are to be obtained by the Government Entity for the Conversion Project, but only to the extent attributable to that portion of such Operating Rights which is necessary to accommodate the facilities of the Company; provided, however, that the Shared Government Costs shall not exceed the Estimated Shared Government Costs without the prior written authorization of the Company. (r) "Total Shared Costs" shall mean the sum of the Shared Company Costs and the Shared Government Costs. For the avoidance of doubt, the Total Shared Costs shall not include, without limitation, (i) costs to the Government Entity for Trenching and Restoration, or (ii) costs associated with any joint use of trenches by other utilities as permitted under Section 3(b). (s) "Work" shall mean all work to be performed in connection with the Conversion Project, as more specifically described in the Project Plan, including, without limitation, the Company Work (as defined in Section 2(a), below) and the Government Work (as defined in Section 3(a), below). (t) "Work Schedule" shall mean the schedule specified in the Project Plan which sets forth the milestones for completing the Work, as the same may be changed and amended from time to time in accordance with Section 6, below. 2. Obligations of the Company. (a) Subject to the terms and conditions of this Agreement, the Company shall do the following as specified in, and in accordance with the design and construction specifications and other requirements set forth in, the Project Plan (the "Company Work Page 3 Tukwila South- Southcenter Parkway Extension Conversion Project (b) Upon request of the Government Entity, the Company shall provide periodic reports of the progress of the Company Work identifying (i) the Company Work completed to date, (ii) the Company Work yet to be completed, and (iii) an estimate regarding whether the Conversion Project is on target with respect to the Estimated Shared Company Costs, the Estimated Reimbursable Private Conversion Costs (if any), the Estimated Reimbursable Temporary Service Costs (if any), the Estimated Reimbursable Upgrade Costs (if any) and the Work Schedule. (c) Except as otherwise provided in the Company's Electric Tariff G, the Company shall own, operate and maintain all electrical facilities installed pursuant to this Agreement including, but not limited to, the Underground Distribution System and Underground Service Lines. (d) Subject to the terms and conditions of this Agreement, the Company shall perform all Company Work in accordance with the Project Plan, the Work Schedule and this Agreement. 3. Obligations of the Government Entity. (a) (b) Other utilities may be permitted by the Government Entity to use the trenches provided by the Government Entity for the installation of their facilities so long as such facilities or the installation thereof do not interfere (as determined pursuant to the Company's electrical standards) with the Underground Distribution System or the installation or maintenance thereof. Any such use of the trenches by other utilities shall be done subject to and in accordance with the joint trench design specifications and installation drawings set forth or otherwise identified in the Project Plan, and the Government Entity shall be responsible for the coordination of the design and installation of the facilities of the other utilities to ensure compliance with such specifications and drawings. (c) i) furnish and install an Underground Distribution System within the Conversion Area (excluding any duct and vault installation or other Work which the Parties have specified in the Project Plan is to be performed by the Government Entity); ii) provide a Company inspector on -site at the times specified in the Work Schedule to inspect the performance of any duct and vault installation Work which the Parties have specified in the Project Plan is to be performed by the Government Entity; and iii) upon connection of those persons or entities to be served by the Underground Distribution System and removal of facilities of any other utilities that are connected to the poles of the overhead system, remove the existing overhead system (including associated wires and Company -owned poles) of 15,000 volts or less within the Conversion Area except for Temporary Services. Subject to the terms and conditions of this Agreement, the Government Entity shall do the following as specified in, and in accordance with the design and construction specifications and other requirements set forth in, the Project Plan (the "Government Work i) provide the Trenching and Restoration; ii) perform the surveying for alignment and grades for ducts and vaults; and iii) perform any duct and vault installation and other Work which the Parties have specified in the Project Plan is to be performed by the Government Entity. Upon request of the Company, the Government Entity shall provide periodic reports of the progress of the Government Work identifying (i) the Government Work completed to date, (ii) the Government Work yet to be completed, and (iii) an estimate regarding whether the Conversion Project is on target with respect to the Estimated Shared Government Costs and the Work Schedule. (d) The Government Entity shall be responsible for coordinating all work to be performed in connection with the street improvement program within the Conversion Area. Page 4 Tukwila South- Southcenter Parkway Extension Conversion Project (e) Subject to the terms and conditions of this Agreement, the Government Entity shall perform all Government Work in accordance with the Project Plan, the Work Schedule and this Agreement. 4. Work Schedule. (a) The Government Entity and the Company have agreed upon the Work Schedule as set forth in the Project Plan. Changes to the Work Schedule shall be made only in accordance with Section 6, below. (b) Promptly following the execution of this Agreement, and upon completion by the Government Entity of any necessary preliminary work, the Government Entity shall hold a pre- construction meeting involving all participants in the Conversion Project to review project design, coordination requirements, work sequencing and related pre mobilization requirements. Following the pre construction meeting, the Government Entity shall give the Company written notice to proceed with the Work at least ten (10) business days prior to the commencement date specified in the Work Schedule. (c) Subject to the terms and conditions of this Agreement, each Party shall perform the Work assigned to it under this Agreement in accordance with the Work Schedule. So long as the Company performs the Company Work in accordance with the Work Schedule, the Company shall not be liable to the Government Entity (or its agents, servants, employees, contractors, subcontractors, or representatives) for any claims, actions, damages, or liability asserted or arising out of delays in the Work Schedule. 5. Location of Facilities. All facilities of the Company installed within the Conversion Area pursuant to this Agreement shall be located, and all related Operating Rights shall be obtained, in the manner set forth in the applicable provisions of Schedule 74, as specified by the Parties in the Project Plan. 6. Chances. (a) Either Party may, at any time, by written notice thereof to the other Party, request changes in the Work within the general scope of this Agreement (a "Request for Change including, but not limited to: (i) changes in, substitutions for, additions to or deletions of any Work; (ii) changes in the specifications, drawings and other requirements in the Project Plan, (iii) changes in the Work Schedule, and (iv) changes in the location, alignment, dimensions or design of items included in the Work. No Request for Change shall be effective and binding upon the Parties unless signed by an authorized representative of each Party. (b) If any change included in an approved Request for Change would cause a change in the cost of, or the time required for, the performance of any part of the Work, an equitable adjustment shall be made in the Estimated Shared Company Costs, the Estimated Shared Government Costs, the Estimated Reimbursable Private Conversion Costs (if any), the Estimated Reimbursable Temporary Service Costs (if any), the Estimated Reimbursable Upgrade Costs (if any) and /or the Work Schedule to reflect such change. The Parties shall negotiate in good faith with the objective of agreeing in writing on a mutually acceptable equitable adjustment. If the Parties are unable to agree upon the terms of the equitable adjustment, either Party may submit the matter for resolution pursuant to the dispute resolution provisions in Section 10, below. (c) The Work Schedule, the Estimated Shared Company Costs, the Estimated Shared Government Costs, the Estimated Reimbursable Private Conversion Costs, the Estimated Reimbursable Temporary Service Costs and /or the Estimated Reimbursable Upgrade Costs shall be further equitably adjusted from time to time to reflect any change in the costs or time required to perform the Work to the extent such change is caused by: (i) any Force Majeure Event under Section 11, below, (ii) the discovery of any condition within the Conversion Area which affects the scope, cost, Page 5 Tukwila South- Southcenter Parkway Extension Conversion Project schedule or other aspect of the Work and was not known by or disclosed to the affected Party prior to the date of this Agreement, or (iii) any change or inaccuracy in any assumptions regarding the scope, cost, schedule or other aspect of the Work which are expressly identified by the Parties in the Project Plan. Upon the request of either Party, the Parties will negotiate in good faith with the objective of agreeing in writing on a mutually acceptable equitable adjustment. If, at any time thereafter, the Parties are unable to agree upon the terms of the equitable adjustment, either Party may submit the matter for resolution pursuant to the dispute resolution provisions in Section 10, below. (d) Notwithstanding any dispute or delay in reaching agreement or arriving at a mutually acceptable equitable adjustment, each Party shall, if requested by the other Party, proceed with the Work in accordance with any approved Request for Change. Any request to proceed hereunder must be accompanied by a written statement setting forth the requesting Party's reasons for rejecting the proposed equitable adjustment of the other Party. 7. Compensation and Payment. (a) Subject to and in accordance with the terms and conditions of this Agreement (including, without limitation, the payment procedures set forth in this Section 7), payment in connection with the Conversion Project and this Agreement shall be as follows: i) The Total Shared Costs shall be allocated to the Parties in the following percentages: (A) sixty percent (60 to the Company, and (B) forty percent (40 to the Government Entity. ii) The Government Entity shall pay one hundred percent (100 of all Reimbursable Private Conversion Costs, if any. iii) The Government Entity shall pay one hundred percent (100 of all Reimbursable Upgrade Costs, if any. iv) The Government Entity shall pay one hundred percent (100 of all Reimbursable Temporary Service Costs, if any. v) The Government Entity shall pay one hundred percent (100 of the costs it incurs to perform that portion of the Government Work specified in Section 3(a)(i) and (ii) (i.e., Trenching and Restoration and surveying). vi) The Company shall pay one hundred percent (100 of the costs it incurs to design, provide and construct any Company- Initiated Upgrade. vii) The Company shall pay one hundred percent (100 of the costs it incurs to obtain Operating Rights outside the Public Thoroughfare. (b) Based on the allocation of responsibilities set forth in Section 7(a), above, the Parties shall determine the net amount payable by the Government Entity or the Company, as applicable, to the other Party under this Agreement (the "Net Amount The Net Amount shall be determined by using the amount of the Total Shared Costs allocated to the Government Entity under Section 7(a)(i), and adjusting such amount as follows: i) Subtracting (as a credit to the Government Entity) the amount of the Shared Government Costs. ii) Adding (as a credit to the Company) the amount of all Reimbursable Private Conversion Costs, Reimbursable Upgrade Costs and Reimbursable Temporary Service Costs. iii) Subtracting (as a credit to the Government Entity) any payments previously made to the Company by the Government Entity under the Design Agreement which, under the terms of the Design Agreement, are to be credited to the Government Entity under this Agreement. The Net Amount, as so calculated, (A) will be an amount payable to the Company if it is a positive number, and (B) shall be an amount payable to the Government Entity if it is a negative number. Page 6 Tukwila South- Southcenter Parkway Extension Conversion Project (c) Within sixty (60) business days of completion of the Conversion Project, the Government Entity shall provide the Company with an itemization of the Shared Government Costs (the "Government Itemization together with such documentation and information as the Company may reasonably request to verify the Government Itemization. The Government Itemization shall, at a minimum, break down the Shared Government Costs by the following categories, as applicable: (i) property and related costs incurred and /or paid by the Government Entity, including any costs of obtaining Operating Rights, and (ii) construction costs incurred and /or paid by the Government Entity, including and listing separately inspection, labor, materials and equipment, overhead and all costs charged by any agent, contractor or subcontractor of the Government Entity. (d) Within thirty (30) business days after the Company's receipt of the Government Itemization and requested documentation and information, the Company shall provide the Government Entity a written statement (the "Company Statement showing (i) an itemization of the Shared Company Costs, (ii) the Parties' relative share of the Total Shared Costs based on the Company's itemization of the Shared Company Costs and the Government Entity's itemization of the Shared Government Costs set forth in the Government Itemization, (iii) any Reimbursable Private Conversion Costs, (iv) any Reimbursable Upgrade Costs, (v) any Reimbursable Temporary Service Costs, (vi) any credits to the Government Entity for payments previously made to the Company by the Government Entity under the Design Agreement which, under the terms of the Design Agreement, are to be credited to the Government Entity under this Agreement, and (vii) the Net Amount, as determined in accordance with Section 7(b), above, together with such documentation and information as the Government Entity may reasonably request to verify the Company Statement. The itemization of the Shared Company Costs included in the Company Statement shall, at a minimum, break down the Shared Company Costs by the following categories, as applicable: (i) design and engineering costs, and (ii) construction costs, including and listing separately inspection, labor, materials and equipment, overhead and all costs charged by any agent, contractor or subcontractor of the Company. (e) Within thirty (30) business days after the Government Entity's receipt of the Company Statement and requested documentation and information, the Net Amount shall be paid by the owing Party to the other Party, as specified in the Company Statement. (f) The maximum amount to be paid by the Government Entity is capped at $241,400, absent a mutually agreed upon change order. 8. Indemnification. (a) The Government Entity 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 or arising out of any negligent act or omission or willful misconduct of the Government Entity in its performance under this Agreement. During the performance of such activities the Government Entity's employees or contractors shall at all times remain employees or contractors, respectively, of the Government Entity. (b) The Company releases and shall defend, indemnify and hold the Government Entity harmless 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 Company in its performance under this Agreement. During the performance of such activities the Company's employees or contractors shall at all times remain employees or contractors, respectively, of the Company. (c) Solely for purposes of enforcing the indemnification obligations of a Party under this Section 8, 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 8 extends to any such claim brought against the indemnified Party by Page 7 Tukwila South- Southcenter Parkway Extension Conversion Project 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. 9. Conversion of Service to Customers within Conversion Area. (a) Upon commencement of the Work, the Government Entity shall notify all persons and entities within the Conversion Area that service lines to such customers must be converted from overhead to underground service within the applicable statutory period following written notice from the Government Entity that service from underground facilities are available in accordance with RCW 35.96.050. Upon the request of any customer, other than a single family residential customer, within the Conversion Area, the Company shall remove the overhead system and connect such persons' and entities' Underground Service Lines to the Underground Distribution System. (b) The Parties acknowledge that single family residences within the Conversion Area must (i) 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 (ii) pay for the secondary service conductors as defined in Schedule 85 of the Company's Electric Tariff G. The Government Entity shall exercise its authority to order disconnection and removal of overhead facilities with respect to owners failing to convert service lines from overhead to underground within the timelines provided in RCW 35.96.050. 10. Dispute Resolution. (a) Any dispute, disagreement or claim arising out of or concerning this Agreement must first be presented to and considered by the Parties. A Party who wishes dispute resolution shall notify the other Party in writing as to the nature of the dispute. Each Party shall appoint a representative who shall be responsible for representing the Party's interests. The representatives shall exercise good faith efforts to resolve the dispute. Any dispute that is not resolved within ten (10) business days of the date the disagreement was first raised by written notice shall be referred by the Parties' representatives in writing to the senior management of the Parties for resolution. In the event the senior management are unable to resolve the dispute within twenty (20) business days (or such other period as the Parties may agree upon), each Party may pursue resolution of the dispute through other legal means consistent with the terms of this Agreement. All negotiations pursuant to these procedures for the resolution of disputes shall be confidential and shall be treated as compromise and settlement negotiations for purposes of the state and federal rules of evidence. (b) Any claim or dispute arising hereunder which relates to any Request for Change or any equitable adjustment under Section 6, above, or the compensation payable by or to either Party under Section 7, above, and which is not resolved by senior management within the time permitted under Section 10(a), above, shall be resolved by arbitration in Seattle, Washington, under the Construction Industry Arbitration Rules of the American Arbitration Association then in effect. The decision(s) of the arbitrator(s) shall be final, conclusive and binding upon the Parties. All other disputes shall be resolved by litigation in any court or governmental agency, as applicable, having jurisdiction over the Parties and the dispute. (c) In connection with any arbitration under this Section 10, costs of the arbitrator(s), hearing rooms and other common costs shall be divided equally among the Parties. Each Party shall bear the cost and expense of preparing and presenting its own case (including, but not limited to, its own attorneys' fees); provided, that, in any arbitration, the arbitrator(s) may require, as part of his or her decision, reimbursement of all or a portion of the prevailing Party's costs and expenses (including, but not limited to, reasonable attorneys' fees) by the other Party. (d) Unless otherwise agreed by the Parties in writing, the Parties shall continue to perform their respective obligations under this Agreement during the pendency of any dispute. Page 8 Tukwila South- Southcenter Parkway Extension Conversion Project 11. Uncontrollable Forces. 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; 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 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 obligations 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 caused by a Force Majeure Event. 12. Insurance. (a) PSE shall, and shall require each of its contractors to, secure and maintain in force throughout the duration of the Conversion Project (or, if sooner, until termination of this Agreement) comprehensive general liability insurances, with a minimum coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per occurrence/ aggregate for property damages, and professional liability insurance in the amount of $1,000,000. (b) The Government Entity shall ensure that each of its contractors performing any Government Work secures and maintains in force throughout the duration of the Conversion Project (or, if sooner, until termination of this Agreement) insurance policies having the same coverage, amounts and limits as specified Section 12(a), above. (c) In lieu of the insurance requirements set forth in Section 12(a), above, the Company may self insure against such risks in such amounts as are consistent with good utility practice. Upon the Government Entity's request, the Company shall provide the Government Entity with reasonable written evidence that the Company is maintaining such self- insurance. 13. Other. (a) Agreement Subiect To Tariff. 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 74 of such Tariff as approved by the Washington Utilities and Transportation Commission and in effect as of the date of this Agreement. (b) Termination. The Government Entity reserves the right to terminate the Conversion Project and this Agreement upon written notice to the Company. In the event that the Government Entity terminates the Conversion Project and this Agreement, the Government Entity shall reimburse the Company for all costs reasonably incurred by the Company in connection with the Work performed prior to the effective date of termination. In such event, the costs reimbursable to the Company (i) shall not be reduced by any Shared Government Costs or other costs incurred by the Government Entity, and (ii) shall be paid within thirty (30) days after the receipt of the Company's invoice therefor. Sections 1, 5, 7, 8, 9, 10, 11 and 13 shall survive any termination of the Conversion Project and /or this Agreement. (c) Facilities Greater Than 15.000 Volts. 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 greater than 15,000 Volts within the Conversion Area. Page 9 Tukwila South- Southcenter Parkway Extension Conversion Project (d) Compliance With Law. The Parties shall, in performing the Work under this Agreement, comply with all applicable federal, state, and local laws, ordinances, and regulations. (e) No Discrimination. The Company, with regard to the Work performed by the Company under this Agreement, shall comply with all applicable laws relating to discrimination on the basis race, color, national origin, religion, creed, age, sex, or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. (f) (g) (1) (i Independent Contractor. The Company and the Government Entity agree that the Company is an independent contractor with respect to the Work and this Agreement. The Company is acting to preserve and protect its facilities and is not acting for the Government Entity in performing the Work. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the Parties. Neither the Company nor any employee of the Company shall be entitled to any benefits accorded employees of the Government Entity by virtue of the Work or this Agreement. The Government Entity shall not be responsible for withholding or otherwise deducting federal income tax or social security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to the Company, or any employee of the Company. Nonwaiver of Rights or Remedies. No failure or delay of either Party to insist upon or enforce strict performance by the other Party of any provision of this Agreement or to exercise any other right under this Agreement, and no course of dealing or performance with respect thereto, shall, except to the extent provided in this Agreement, be construed as a waiver or, or choice of, or relinquishment of any right under any provision of this Agreement or any right at law or equity not otherwise provided for herein. The express waiver by either Party of any right or remedy under this Agreement or at law or equity in a particular instance or circumstance shall not constitute a waiver thereof in any other instance or circumstance. (h) No Third Party Beneficiaries. There are no third -party beneficiaries of this Agreement. Nothing contained in this Agreement is intended to confer any right or interest on anyone other than the Parties, their respective successors, assigns and legal representatives. Governmental Authority. This Agreement is subject to the rules, regulations, orders and other requirements, now or hereafter in effect, of all governmental regulatory authorities and courts having jurisdiction over this Agreement, the Parties or either of them. All laws, ordinances, rules, regulations, orders and other requirements, now or hereafter in effect, of governmental regulatory authorities and courts that are required to be incorporated into agreements of this character are by this reference incorporated in this Agreement. No Partnership. This Agreement shall not be interpreted or construed to create an association, joint venture or partnership between the Parties or to impose any partnership obligations or liability upon either Party. Further, neither Party shall have any right, power or authority to enter into any agreement or undertaking for or on behalf of, to act as or be an agent or representative of, or to otherwise bind the other Party. (k) Severabilitv. In the event that any provision of this Agreement or the application of any such provision shall be held invalid as to either Party or any circumstance by any court having jurisdiction, such provision shall remain in force and effect to the maximum extent provided by law, and all other provisions of this Agreement and their application shall not be affected thereby but shall remain in force and effect unless a court or arbitrator holds they are not severable from the invalid provisions. Page 10 Tukwila South- Southcenter Parkway Extension Conversion Project (1) Notice. Any notice under this Agreement shall be in writing and shall be faxed (with a copy followed by mail or hand delivery), delivered in person, or mailed, properly addressed and stamped with the required postage, to the intended recipient as follows: Any Party may change its address specified in this Section 13(1) by giving the other Party notice of such change in accordance with this Section 13(1). (m) Applicable Law. This Agreement shall in all respects be interpreted, construed and enforced in accordance with the laws of the State of Washington (without reference to rules governing conflict of laws), except to the extent such laws may be preempted by the laws of the United States of America. (n) Entire Agreement. This Agreement constitutes the entire agreement of the Parties with respect to the subject matter hereof and all other agreements and understandings of the Parties, whether written or oral, with respect to the subject matter of this Agreement are hereby superseded in their entireties; provided, however, that except as expressly set forth in this Agreement, nothing herein is intended to or shall alter, amend or supersede the Design Agreement and the same shall remain in full force and effect in accordance with its terms. (o) Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the respective successors, assigns, purchasers, and transferees of the Parties, including but not limited to, any entity to which the rights or obligations of a Party are assigned, delegated, or transferred in any corporate reorganization, change of organization, or purchase or transfer of assets by or to another corporation, partnership, association, or other business organization or division thereof. Government Entity: Company: ei-iv of 1/4; Date Signed :.uit Approved as to form: If to the Government Entity: If to the Company: D Page 11 Tukwila South- Southcenter Parkway Extension Conversion Project City of Tukwila 6300 Southcenter Blvd 51-6 Tukwila. WA 98188 Attn: _kis rVerrrer T• �"��L Fax: 206 431 -3665 Puget Sound Energy, Inc. 6905 SE 228 Street Kent. WA 98032 Attn: Cindy R. Olson Municipal Liaison Manager Fax: 253 395 -6820 PUGET SOUND ENERGY, INC. BY 'c LLS&. 0,-, ITS/Iivm ;c iiav `4.S<._; MtFK•e :s Date Signed j �d /C: