HomeMy WebLinkAbout08-339SEPTEMBER 23, 2008 08 -339 RESOLUTION
(CARRIED 5 -2 LOST LAID OVER WITHDRAWN )
PURPOSE: APPROVE AGREEMENT WITH WISCONSIN PUBLIC SERVICE
TO UNDERGROUND UTILITIES / 9TH AVENUE AT SOUTH MAIN
STREET
INITIATED BY: DEPARTMENT OF COMMUNITY DEVELOPMENT
BE IT RESOLVED by the Common Council of the City of Oshkosh that the
attached Agreement with Wisconsin Public Service Corp. for the undergrounding of
utilities on W. 9th Avenue from S. Main Street to Nebraska Street, and the associated
relocation of utilities from Nebraska Street to Oregon Street, is hereby approved and the
proper City officials are authorized to execute and deliver the agreement in substantially
the same form as attached hereto, any changes in the execution copy being deemed
approved by their respective signatures, and said City officials are authorized and
directed to take those steps necessary to implement the terms and conditions of the
Agreement. Money for this purpose is hereby appropriated from Account 534 -1040-
6466 -00000 TIF 20 South Shore.
Wisconsin Public Service
DISTRIBUTION FACILITIES INSTALLATION AGREEMENT
District: 40
Project No: 0010008169
This contract is for the installation of Electric facilities entered into on September 3, 2008 (Contract Date) between CITY OF
OSHKOSH (Customer) and Wisconsin Public Service Corporation (WPSC).
Site Address / Description / Location: 9TH AVENUE in the CITY OF OSHKOSH, County of WINNEBAGO, State of WI.
WPSC agrees to install facilities and provide service in accordance with all appropriate regulations and tariffs as filed with the Public
Service Commission of Wisconsin (PSCW) and /or Michigan Public Service Commission (MPSC). WPSC furthermore agrees to
render service to the Customer at such point on the premise as has been mutually determined and agreed upon. The Customer agrees
to comply with all terms and conditions as stated on Page 2 of this contract, including the commencement date of Minimum Charges,
and all appropriate WPSC tariffs on file with PSCW and /or MPSC.
Type of Electric Service:
- Electric-
Standard System Facility Costs (Refundable)
Allowances
Special System Facilities Costs (Refundable)
Refundable Sub Total $0.
Special Facilities Costs Non Refundable:
System $216,889.00
Service $1,093.38
Temporary Service
Non Refundable Sub Total $217,982.38
Electric Total: $217,982.38
*This agreement ❑does ®does not include the cost of the service(s) to the meter. When it does not additional charges may be forthcoming.
Total Cost
$217,982.38
Applicable refunds will be made to: ❑Contracting Developer ❑Property Owner ®Other N/A
Allowances and refunds are determined by WPSC's extension rule policies that have been approved by the PSCW and /or MPSC.
These rules are subject to change pending approval by the PSCW or MPSC. A 5 year development period will begin from the date this
facility /project is energized for the electric facility and pressurized for gas facility. Applicable refunds will be made during this time
period.
Refund amounts shall equal the allowance applicable to customer additions based on the current extension allowance or the
allowances in effect when the addition. occurs, whichever is greater, less the added investment in distribution system facilities
required. After the development period, the Customer agrees to reimburse WPSC for all allowances received on this contract that did
not result in customers taking service by the expiration of the development period.
F41
tabulation of said allowances is as follows:
Customer Name / Lot # Address / Plat Ext. Allowance Amount
ave rend understand and agree to the terms and conditions of this contract
T
Customer Signature: - Date:
Mailing Address: ATTN JACKSON KINNEY PO BOX 1130
WPSC Signature:
Date:
Oshkosh, WI 54903
Work Request/Revision: 245439 -1
Account# Energized Date CIS Order # 418709161
Page 1 of 2
ADDITIONAL TERMS AND CONDITIONS
1. This Contract is not effective until signed by both WPSC and the Customer. If the Customer fails to return the Contract to WPSC
within sixty days of the WPSC signature date or contract date, the Contract offer is null and void.
2. The payment calculation of this Contract is subject to change if the Customer causes a construction delay, there is change in scope, or actions
by governmental authorities cause a calculation change. Any change shall be reviewed with the Customer prior to construction and a new
Contract shall be executed. Adjustment of customer payment requirements (refunds or additional payment) to reflect actual changes in the
size or number of units installed, major rock or frost removal, and similar items affecting the scope of the project, shall be made if the
adjustments is greater than $20. This adjustment, if applicable, will normally occur within six months of completion of construction. Any
changes will be reviewed with the Customer.
3. As a condition of receiving service, the Customer agrees to grant WPSC, at no cost, an easement for the necessary construction, operation,
and maintenance including tree trimming of any portion of the extension necessary to serve the Customer.
4. The Customer further understands that their structure must comply with the applicable PSCW Conservation Code and any other applicable
codes and that any noncompliance in future inspections by WPSC may be grounds for disconnection of service.
5. If the service to the Customer is part of a project designed to serve several customers from one extension, it is understood that this Contract
will be binding on the parties hereto only when and if WPSC secures sufficient contracts to warrant, in WPSC's sole discretion, the
construction of the project.
6. All the terms and conditions of this Contract shall extend to and be binding upon the heirs, executors, administrators, successors, and assigns
of the parties hereto. If the Customer leases, sells, or otherwise disposes of the property herein described, he shall complete the payments
according to this Contract unless he shall have secured an assumption of his remaining obligations under this Contract, satisfactory to and
approved by WPSC.
7. Whether stated or not, a special facilities charge will be applied during Winter Charge period, as stated in WPSC's approved tariffs.
8. Any lawn restoration or surface repair on private property as a result of this installation, shall be the Customer's responsibility,
9. The Customer, irrespective of subsequent change of ownership, shall provide at no expense to WPSC, soil graded within six inches of the
finished grade prior to installation of facilities. Survey stakes indicating property lines shall be installed by the Customer at no expense to
WPSC prior to installation of facilities. WPSC shall be notified in advance of any change in grade levels. Any and all costs incurred as a
result of such grade changes shall be at the expense of the Customer.
10. The Customer agrees to provide WPSC or its authorized contractor, the location, within 18 ", of all underground facilities such as those
for the transmission of electricity, water. cable TTY sewer, telephone, sas or fuel which are owned by the Customer on the premises and
which may be encountered by WPSC or its authorized contractor durine the proposed installation of the facilities. If the Customer is
unable to locate an undersround facility or fails to provide the location of any underground facility or if the undersround f acili in
auesdon is encountered more than 18" from the location identiRed by the Customer, the Customer shall defend indenmify, and hold
11. In no event shall the Customer place any decorative element on the pole without the prior written approval of "SC Such app win
be under the terms of the Pole Attachment Policy and Procedure in effect at the tinte of such request A copy of the Pole Attachment
Policy will be furnished by WPSC to the Customer upon request.
12.
consequential, incidental special and punitive damages
13. If any provision of this Contract is found to be invalid or unenforceable by any court, such provision shall be ineffective only to the extent
that it is in contravention of applicable laws without invalidating the remaining provision of the Contract.
14. This Contract shall be governed by and construed in accordance with the internal laws of the State of Wisconsin and/or Michigan.
15. The Customer and WPSC hereby agree to abide by and be subject to the rules, regulations, and schedules of WPSC as filed with and
approved by the PSCW and/or MPSC from time to time, as well as the rules and regulations of the Wisconsin Administrative Code.
16. In the event of a conflict between this Contract and WPSC's approved tariffs, the tariffs shall prevail.
17. Beginning the date the gas meter serving the Customer is installed, or 180 days after the gas service line serving the Customer is installed,
whichever is earlier, the Customer will be billed the applicable Minimum Charge and AEP Charge (if any) associated with the rate schedule
the Customer is expected to take service under, regardless if the Customer is actually using gas or taking gas service. The determination of
the rate schedule the Customer is expected to take service under shall be in WPSC's sole discretion. '
Page 2 of 2
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