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HomeMy WebLinkAboutItem 4.05 SmartMeter Programti~ ~ ~ ~ .~ _i-~ C;' //, /~. CITY CLERK File # ^^6^^- 4^^ AGENDA STATEMENT CITY COUNCIL MEETING DATE: July 21, 2009 SUBJECT: Amendment to the Streetlight License Agreement with Pacific Gas & Electric (PG&E) for SmartMeter Program Report Prepared by: Melissa Morton, Public Works Director ATTACHMENTS: 1) Original Agreement dated February 3, 2009 2) Resolution Approving the Amendment of Exhibit "A" to the Agreement, together with Exhibit "A," Amendment RECOMMENDATION: Adopt the Resolution approving the Amendment to Exhibit "A" of the Streetlight License Agreement with Pacific Gas & Electric (PG&E) for ~~ the SmartMeter Program. FINANCIAL STATEMENT: There are no financial impacts to the City's budget regarding the installation and/or maintenance associated with PG&E's SmartMeter Program. PG&E will attach its SmartMeter equipment to three (3) additional street light poles, for which PG&E will compensate the City with aone-time payment of $2,340.00 ($780 per street light pole). DESCRIPTION: On February 3, 2009, the City Council approved an Agreement (Attachment 1) that allowed PG&E to lease six (6) City-owned street light poles for the purpose of installing equipment for the SmartMeter metering system. The City received $4,680 ($780 per street light pole). The system enables PG&E to read meters with greater accuracy and allows customers to monitor usage on-line. The Agreement is to remain in effect for a period of 20 years, after which time the Agreement will extend for periods of one year, until terminated by PG&E and/or the City of Dublin. The six locations covered by the original Agreement are: 1) Persimmon Drive at Stone Pine Street 2) Sugar Hill Drive at Kingsmill Terrace 3) Tassajara Road at South Dublin Ranch Road 4) Rocking Horse Court at the end of the cul-de-sac 5) Silvera Ranch Road at Branding Iron 6) Dougherty Road at Willow Creek Drive. COPY TO: David Ore, PG&E Page 1 of 2 ITEM NO. G:\AGENDA STATEMENTS, MISC\PG&E - Smar[Meter\agst PG&E SmartMeter 2_AMENDMENT.doc ~ I PG&E is now requesting the lease of three (3) additional City-owned street light pole for the purpose of installing equipment for the SmartMeter metering system. These additional locations will allow PG&E to provide the new SmartMeter metering system in areas not within range of the six (6) original locations. PG&E is proposing that the SmartMeter equipment be attached to three (3) City-owned street light poles located at 10846 Inspiration Circle, 4918 Redwood Avenue, and Dougherty Road near Amador Valley Boulevard. RECOMMENDATION: Staff recommends that the City Council adopt the Resolution approving the Amendment to Exhibit "A" of the Streetlight License Agreement with Pacific Gas & Electric (PG&E) for the SmartMeter Program. Page 2 of 2 ~ b~ ~ AGREEMENT NO. STREETLIGHT LICENSE AGREEMENT THIS AGREEMENT is made and entered into on . , by and between the CITY OF DUBLIN, a [charter city and] municipal corporation, ("CITY" herein) and PACIFIC GAS AND ELECTRIC COMPANY, a California corporation ("PG&E" herein) each being referred to individually as a "Party" and collectively as the "Parties." RECITALS WHEREAS, CITY owns, operates and maintains certain streetlight facilities located in the geographic areas within the political jurisdiction of CITY; and WHEREAS, PG&E desires to enter into an Agreement for the attachment of communication equipment used.for the operation and maintenance of PG&E's SmartMeter network, to CITY's existing streetlight poles; and WHEREAS, PG&E's SmartMeter equipment consists of telecommunications equipment including, but not limited to, a Data Collector Unit, two whip antennas, coaxial cable and photovoltaic adaptor ("SmartMeter Equipment"); and WHEREAS, it is understood and agreed that this Agreement will permit the placement of the SmartMeter communication equipment on certain of CITY's existing streetlight poles; and WHEREAS, CITY is willing to grant PG&E anon-exclusive, revocable license fog the attachment of the SmartMeter Equipment to CITY streetlight poles, subject to the terms and conditions set forth in this License Agreement. NOW, THEREFORE, incorporating the foregoing recitals herein, the Parties agree as follows:. 1. EFFECTIVE TERM OF AGREEMENT. This Agreement shall be and remain in effect for a period of twenty (20) years from the date of execution. 1.1 This agreement shall extend thereafter for successive terms .of one year each, unless otherwise terminated by, either party on not less than six (6) months advance written notice to the other party prior to the date when such termination shall become effective. 2. STREETLIGHT LICENSE. CITY does hereby confer on PG&E a non-exclusive, revocable license to attach, replace, operate, maintain, and use SmartMeter Equipment to certain photocells, support arms and streetlight pole(s) ATTACHMENT /. SmartMe 1 -4-f 1"Yl ~--~ ~ '7 ~ .~ 1 ,a~~~ a ~~= ~ owned by CITY. Permission to attach to CITY-owned streetlight facilities shall be memorialized in the form of the Streetlight Permit, attached to this Agreement as Exhibit "A," and incorporated herein by reference, and an encroachment permit, attached to this Agreement as Exhibit "B," and incorporated herein by reference. The Streetlight license may be used only for the above-listed purposes. The specific locations for which a Streetlight Permit is requested are included in Exhibit A, and are those specific locations that the Parties hereby agree are covered by this Agreement as of the date the Streetlight Permit is executed. 3. LICENSE FEE. As its entire consideration for the rights granted herein, PG&E shall pay to CITY cone-time Seven Hundred aad Eighty DOLLAR ($780) up front payment for each street light pole to which PG&E attaches its SmartMeter Equipment. Any electricity drawn to power the SmartMeters will not be attributed to or charged to the CITY. 3.1 PG&E will provide a revised list of locations ("Exhibit A") as poles are added or deleted. 4. ADDITIONAL LOCATIONS. Prior to installing any SmartMeter Equipment on any additional CITY-owned ~ street light poles, other than the locations identified in Exhibit "A", PG&E will submit to CITY a revised Exhibit "A" seeking permission to install such additional SmartMeter Equipment on specified CITY-owned street light poles. 4.1 CITY will use its best commercially reasonable efforts to respond, in writing, to each request submitted by PG&E within twenty (20) business days; provided that CITY is not required to approve, in whole or part, any such request, so long as its denial or delay in approving is not unreasonable or discriminatory to PG&E. 4.2 Each location approved by the CITY shall be memorialized in a Street Light Permit in the form of Exhibit "A" to this Agreement, and shall be incorporated by reference herein at the time it is executed and delivered. 4.3 PG&E may, from time to time, replace, modify, update and/or reposition existing SmartMeter Equipment without seeking CITY's prior approval and without incurring additional fees. 5. SAFETY PRECAUTIONS. PG&E shall perform all work on CITY- owned streetlight facilities in a workmanlike manner and in compliance with applicable federal, state, and local laws, rules and regulations. All work on such streetlight. facilities shall be performed by PG&E's .personnel or .contractor operating from either a ladder or bucket truck. Page 2 of 8 SmartMeter Streetlight License (31 f21 :~ b~. ~~ 6. 'PG&E's OBLIGATION TO AVOID INTERFERENCE. PG&E in the performance and exercise of its rights and obligations under this Agreement shall not interfere with, interrupt or degrade in any manner with the City's use of the City Facilities, .any other radio devices used by the City for other purposes, without the express written approval of the City or the owner or owners of the affected property or properties, except as permitted by applicable Laws or this Agreement. If such interference, interruption or degradation occurs, PG&E shall correct such problem within twenty-four (24) hours of notice by City. 7. RADIO FREQUENCY EMISSION REQUIREMENTS. PG&E will operate the PG&E SmartMeter Equipment in a manner that complies with the FCC's (or any more restrictive applicable standard subsequently adopted or promulgated by a governmental agency with jurisdiction) Maximum Permissible Exposure (MPE) limits for electric and magnetic field strength and power for density for transmitters in an inhabited area. 8. REMOVAL OF SMARTMETER EQUIPMENT. CITY will use its best commercially reasonable efforts to provide PG&E ten (10) business days prior written notice of any non-emergency work that will, or may, affect the SmartMeter Equipment and/or the PG&E SmartMeter gas network. 8.1 In the event that CITY is required by law or unavoidable circumstance to remove any SmartMeter Equipment attached to CITY Property on an emergency basis, CITY will use its best commercially reasonable efforts to notify PG&E of such circumstance as soon as practicable and will take all due care in removing and storing the SmartMeter Equipment. 8.2 PG&E will provide CITY written notice within ten (10) business days of removing any SmartMeter Equipment from any CITY Property specifying the SmartMeter Equipment removed and the CITY Property from which it was removed. 8.3 PG&E will, at its expense, remove all remaining SmartMeter Equipment from CITY Property within orie hundred eighty (180) days of the termination of this Agreement. 8.4 In the event that PG&E fails to remove any SmartMeter Equipment from the CITY Property in a timely manner, CITY may at PG&E's expense, remove and store such SmartMeter Equipment. 9. INDEMNITY. To the extent permitted by law, PG&E shall indemnify, defend, and hold harmless CITY, its officers, agents and employees against any and all liability, claims, actions, losses, damages, expense costs (including without limitation attorneys' fees and expert witness fees), causes of action or demands whatsoever against them, or any of them, before administrative or judicial tribunals of any kind whatsoever, arising out of, Page 3 of 8 SmartMeter Streetlight License (3) (2) ~ Q~ ~ connected with, or caused by PG&E, PG&E's employees, agents, independent contractors, companies, or subcontractors in the performance of, or in any way arising from, the terms and provisions of this Agreement whether or not caused in part by a party indemnified hereunder, except for any such claims, damage or liabilities caused by C1TY's active negligence or willful misconduct. 10. ASSIGNMENT. Neither this Agreement, nor any interest in it, may be assigned or transferred by any party without the prior written consent of the parties, which shall not be unreasonably withheld. 11. BINDING EFFECT. The rights and obligations of this Agreement shall inure to the benefit of, and be binding upon, the parties to the Agreement and their administrators, representatives, successors and assigns. 12. COMPLIANCE WITH ALL LAWS. PG&E shall, at PG&E's sole cost, comply with all of the requirements of Municipal, State, and Federal authorities now in force, or which may hereafter be in force, pertaining to this Agreement, and shall faithfully observe in all activities relating to or growing out of this Agreement all Municipal ordinances and State and Federal statutes, rules or regulations, (including laws and ordinances relating to health, radio frequency emissions, other radiation and safety).and permitting requirements now in force or which may hereafter be in force. 13. CORPORATE AUTHORITY. Each individual signing this Agreement on behalf of entities represent and warrant that they are, respectively, duly authorized to sign on behalf of the entities and to bind the entities fully to each and all of the obligations set forth in-this Agreement. 14. EXHIBITS. In the event of a conflict between the terms, conditions or specifications set forth in this Agreement and the exhibits attached hereto, the terms, conditions, or specifications s-et forth in this Agreement shall prevail. The exhibits to which reference is made in this Agreement are deemed incorporated in this Agreement, whether or. not actually attached. 15. GOVERNING LAW. The laws of the State of California will govern the validity of this Agreement, its interpretation and performance. 16. FURTHER ASSURANCES. Each party shall execute and deliver such papers, documents, and instruments, and perform such acts as are necessary or appropriate, to implement the terms of this Agreement and the iritent of .the parties to this Agreement. 17. INSURANCE. PG&E shall procure and maintain for the duration of this Agreement the following types and limits of insurance or self-insurance ("basic insurance requirements") herein: Page4of8 SmartMeter Streetlight License (3) (2) 5 0~ I 17.1 Automobile liability insurance, providing coverage on an occurrence basis for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than One Million Dollars ($1,000,000) per occurrence; and the policy shall: 17.1.1 Provide coverage for owned, non-owned and hired autos. 17.2 Broad form commercial general liability insurance, unless otherwise approved by the CITY's Risk Manager, providing coverage on an occurrence basis for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than One Million Dollars ($1,000,000) per occurrence; and the policy shall: 17.2.1 Provide contractual liability coverage for the terms of this agreement. 17.2.2 Provide products & completed operations coverage. 17.2.3 Contain an additional insured endorsement in favor of the CITY, its mayor, council, officers, agents, employees and volunteers. 17.3 Workers' compensation insurance with statutory limits and employer's liability insurance with limits of not less than One Million Dollars ($1,000,000) per accident; and the policy shall contain a waiver of subrogation in favor of the CITY, its mayor, council, officers, agents, employees and volunteers. 17.4 All policies required of the PG&E shall be primary insurance as to the CITY, its mayor, council; officers, agents, employees, or designated volunteers and any insurance or self-insurance maintained by the CITY, its mayor, council, officers, agents, employees, and designated volunteers shall be excess of the PG&E's insurance and shall not contribute with it. 17.5 Except for workers' compensation, insurance is to be placed with insurers with a Bests' rating as approved by CITY's Risk Manager, but in no event less than A:V. Any deductibles, self-insured retentions or insurance in lesser amounts, or lack of certain types of insurance otherwise required by this Agreement, or insurance rated below Bests' A:V, must be declared prior to execution of this Agreement and approved'by the CITY in writing. 17.6 Unless otherwise approved by CITY's Risk Manager, all policies. shall contain an endorsement providing the CITY with thirty (30) days written notice of cancellation or material change in policy language or terms. All Page 5 of 8 ense (31 (21 ~ ~~`~` ~ policies shall provide that there shall be continuing (iability . thereon, notwithstanding any recovery on any policy. 17.7 The insurance required hereunder shall,be maintained as long as the SmartMeter Equipment is installed on the City's facilities. 17.8 PG&E shall furnish the -CITY Risk Manager with a certificate of insurance and required endorsements evidencing the insurance required. The CITY may withdraw its offer of contract if certificates of insurance and endorsements and bonds required have not been provided as required by the Special Provisions. 17.9 It is further understood and agreed by PG&E that .its liability to the CITY shall not in any way be limited to or affected by the amount of insurance obtained and carried by the PG&E in connection with this Agreement. 17.10 PG&E shall have the right to self insure with respect to any of the insurance reauirements reauired under this Agreement. By reauest. PG&E shall submit a letter of self-insurance signed by a duly authorized representative. evidencing that the self-insurance program is in full force and effect and in compliance with and subject to all the terms. agreements. covenants, conditions and provisions of the Agreement. 18. MERGER AND MODIFICATION. All prior agreements between the parties are incorporated in this License Agreement which constitutes the entire agreement. Its terms are intended by the parties as a final expression of their. agreement with respect to such terms as are included herein and may not be contradicted by evidence of any prior agreement or contemporaneous oral agreement. The parties further intend this License Agreement constitutes the complete and exclusive statement of its terms and no extrinsic evidence whatsoever may be introduced in arty judicial or arbitration proceeding involving this License Agreement. This License Agreement may be modified only in a writing .approved by the CITY Council and signed by all the parties. 19. NEGATION OF PARTNERSHIP. CITY shall not become or be deemed a partner or joint venture with PG&E or associate in any such .relationship with PG&E by reason of the provisions of this License Agreement. PG&E shall not for any purpose be considered an agent, officer or employee of CITY. 20. NO WAIVER OF DEFAULT. The failure of any party to enforce against another party any provision of this Agreement shall not constitute a waiver of that party's right to enforce such a provision at a later time, and shall not serve to vary the terms of this Agreement. The acceptance of work or services, or payment for work or services, by CITY shall not constitute a waiver of anyprovisions of this Agreement. Page 6 of 8 SmartMeter Streetlight License (31(21 _ _~ ~~. ~ 21. NOTICES. All notices relative to this Agreement shall be given in writing and shall be personally served or sent by certified or registered mail and be effective upon actual personal service or depositing in the United States mail. The parties shall be addressed as follows, or at any other address designated by notice: CITY: CITY OF DUBLIN Attn: Nicole Gonzales, Public Works Technician 100 Civic Plaza Dublin ,California, 94568 PG&E: Pacific Gas and Electric Company Land Department c/o Dawn Plise 5555 Florin Perkins Road Sacramento, CA 94015 17. TERMINATION. The parties hereto agree that either party may terminate this Agreement, as it relates to any individual location of the SmartMeter Equipment, upon one hundred eighty (180) days advance written notice to the other party. In the event that CITY terminates this Agreement as it relates 'to any individual location of the SmartMeter Equipment, CITY agrees to provide an alternative location for such SmartMeter Equipment that is reasonably acceptable to PG&E. City agrees that it will not terminate this agreement within the first five (5) years and PG&E relies on this representation as a basis for the capital expenditure associated with the facility installations. With this exception, either party may terminate this Agreement in its entirety, at any time during the term hereof by giving written notice to the other party, not less than six (6) months prior to the requested date of such termination. Any termination of this Agreement shall not relieve PG&E of any obligations, whether of indemnity or otherwise, which have accrued prior to such termination or completion of removal of PG&E's equipment, whichever is later, or which arises out of an occurrence happening prior thereto. 21.1 Except as specifically. set forth herein, CITY and PG&E agree that neither Party shall terminate this Agreement in the event of an alleged non-monetary breach nor default hereunder before the defaulting Party has been given notice of and a reasonable time and opportunity to respond to and cure any such non-monetary breach or default. For purposes of the foregoing, a reasonable time to cure any non-monetary breach or default shall be deemed to be thirty (30) days after notice, unless the nature of the default in Page 7 of 8 ense (31(21 question is such that while it is reasonably susceptible of being cured, it is not reasonably susceptible of being cured within such thirty (30) day period, in which case the curing thereof shall have commenced within such thirty (30) day period and shall hereafter be prosecuted to completion with reasonable diligence. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed, the day and year first-above written. CITY OF DUBLIN PACIFIC GAS & ELECTRIC COMPANY By:_ Name: By: Attachment: Exhibit "A" -Streetlight License 1176419.2 Page 8 of 8 SmartMeter Streetlight License (3) (2) ~ e~ ~ ~~~~ EXHIBIT A STREET LIGHT PERMIT f'_~-1 f 7 1 > < = ~, .. _ ; ... ` , -' 1i~{) I ~f:~ST ~Uli -t C'C'L- ~S ': .. ~ ~-- -- - - (Part 1 to be completed by licensee) To: CITY OF DUBLIN Street: 100 Civic Plaza, Dublin, CA 94568 Date Agreement Number In accordance with that certain Streetlight License Agreement between the City of Dublin (City) and PG&E dated , 2009 (the "Agreement") we hereby request permission to place attachments on the City streetlights designated below. 1. Location of the poles PG&E Location PG&E Location NLC# NLC# 13072 5964 PERSIMMON DR X/O STONEPINE ST 13074. SUGAR HILL DR X/O KINGSMILL TERRACE 13075 TASSAJARA RD X/O S DUBLIN RANCH RD 13076 END OF ROCKING HORSE CT 13077 SILVERA RANCH RD X/O BRANDING IRON 13116 DOUGHTERY RD X/O WILLOW CREEK DR 2. Attach a schematic drawing of the attachments to be contacted under this permit. Permittee: Pacific Gas and Electric Company . Authorizing Engineer Name: Dan Partridge Company or Department: SmartMeter Operations Address: 1850 Gateway Blvd, Concord, CA 94520 Phone # (925) 270-2820 .,., P-1 P7 ? ~ ~ l CtZ'NUK!/,~ 17(1 ~ - - - - ---- (Part 2 to be completed by City) Subject to the terms and conditions of the Agreement, you are hereby authorized to install the attachments described in this Exhibit. CITY OF DUBLIN BY (Authorized Signature) (Type or Print Name) Title: Execution Date: Division: FY1~lIT Q M 1 fItlOCY pATA COOCCIION Iyf a MEYAORNA NC. 1 R ocuR~ AROr o°-i °I~`~ NaAw~YA Ne AM rI ~ rsaolo atooM~A~roROaR IeIACRAAtnc x . ! ~AOA11t1.' 14MRII ,CCU R:t141. 18TALLAIgN COMMCIOR 1 O ~ ~ N TO IC .'LCOM DlO Y AIJ ;HA O N ~~RM MTIONYYEi 11 dRYJC HIIOYJO ftRN LlLOI SfAIJI! /DIAORNA R+C ] RCAF{{~~TO IE IECVREJ 70lR:Rff . M YAIC( BAR R~l~ IN A! NOtAGWARIG 1 vAt RlAT ~IIIAf ~[D V OAR 7IRIORf COAR WH011 XCGRA00.701i REtALU110N CONtMQOR i 1~ AOI~NYICN.W Al tlq, WII1ETR NYEONW NClAWTRN CONIRACfOR 3 11 . T W 11A~ NYION WRE nE K REO. 10 6 1~ ~ fC ALE 1 I.OCIf rl. MwenauT ttr. . aN coAR IESms DtlI TO RE MOIIMEO - IC I gMRMECItY R60W lKM 11 , I~ T NLTW IAIOMIML MlAMwAHRMM[ARO LC:C YIRI u rtR role WLY2Le0G. 1'w~oM~wnn lxncwwrrc lm'Nitwae. l L ~ ~ N M M ~ `e M~~ i OC M I. d t DeGU Y GOAL AgM:OCY. l Olt 100rliMLYlO KNM4lL AS MtID[e. GIOWLMO R MLI RILVRlL. 1 ~lA IRON D AMC CVII IW kOClt MRAW110tl 0 r1~ NMMwA1d~Iw LRN rM. r":- ~.. = x=• m°n'licW~E'1rcc~l p ImnrMRr A . ~• r ~:p ~; ~I ~; H y ~.l Q r~ "V ~~~ a __ __ EXHIBIT A ~; ~~ 4: . ~_D l _ y }. ~ 4 --~. r~~`~~.,; ~. t ~°sanFtaman. it s ti_ °1 ~ - '¢ ~~~~~~ ~~ ~, '~ f ,, ,~` ~,, ,; c; i, y }4 - '- 11 pd~Y 1~3y4~ Sdh Amon ~`~`'- ~ ~ f Z . F n: *. ~ ~ mil{ ~ ^ _ Uk., ~ 8 ~; e r ~ y r ~ ~~ ~ a z . ramgrgck ~t ~ -;1~~t -~ ; 'K~~ ~ r .A: - y _ ~~ ~ ~~ d b. ~ d' i-Qr ~~''. ~,~,Xha'~..c ~ I u~s_u~ ~1, ~.. v:aY4a v~W ~{j ~,,-ww .+r ss ~xly N. A ~ ~ Sw ~° `G ~ ~ _ x ~ i # !~ .^i ..h4ryt~'rWr feM€~ z} . '' ~.''Y. _ S yap, { _ {5~,~ ~pa~ gVI23 mw¢+r py~' 3 r a~ ~ `\ / ~_' ~ T ~ P 1u1' a' S .h~.'i TC ~ T~ i '~er~ y^ry y~~~~s C~w~~ ~ ~ a ~ -o ~`""°~~°ari1t8F~~~Y'° ~ k-; c _ i '_ ` a~ .~ i '`9(~p.4 \ ,[~.;.Du4frlt_$i,+zC~ _...--- "'_ _ v __m~ ci-' .-,a ~ .__~.o- .--~ a7,_`~ ~ o ~ ~ V 'FS le` ,_ ` ouhiala _~ - ~ `'. Haeiand~rv.~ ' ~ ~.~~ a ' -~ ° ~' ~ ~ a >~; Tj 4b7 n Sports ~- ~ _ ~~ ~ ^+ n j~,~.,~ Groungs - i`z ~ ~ -. ""~ ry i `~ * .-.--'-~.~~KIFd.~,_-Sc i1ziY-C~ .T`_Iir~~a~~--~'~'`° -'°„~-=----•.;z'_--___---'°-~e,....._. _ ~. ~ F"-_ag CurYr Prt ®~. e~ a h10E 4 masaM Cprpeution andlnr Its pDl a Ali•n~hb rv. d' Slfdfons~'iG90d1^065~jr.+lallSh ld S fkua C' p raWr~{ All d4hL rn a r narn PPrnp' ne a c1 d~UmNM IiAYTE~. A14 dOht+rc Iv d.hAVTEO and 1+-'.vtEQ .C~.N'©U4RD ara Ua~ir.~. ~nI HAVTEQ.,®2JOi Tait Atlx NOdh Amenca': Inc Ali riohh risnrved.'Talt Aefl'u and':7ala A.tlai Narlh America ara haCanvadao/'TIe ANu lnc ;.+-1'FTiI!~3f1~S-~~~ ~--~ ~ ~ ~ ~' ,~ r. Descri tion Street Ci Latitude Lon itude Power NLC 13072 5964 PERSIMMON DR X/O STONEPINE ST DUBLIN 37.709345 121.880213 Seconds NLC 13074 SUGAR HILL DR X/O KINGSMILL TERRACE DUBLIN 37.72669 -121.85833 Seconda NLC 13075 TASSAJARA RD X/O S DUBLIN RANCH RD DUBLIN 37.717888 121.872089 Seconda NLC 13076 END OF ROCKING HORSE CT DUBLIN 37.730996 121.865482 Seconda. NLC 13077 SILVERA RANCH RD X/O BRANDING IRON DUBLIN 37.730239 121.869964 Seconda NLC 13116 DOUGHTERY RD X/O WILLOW CREEK DR DUBLIN 37.725866 121.909629 Seconda ~a ~~- ~ CITY OF DUBLIN EXHIBIT "B' PUBLIC WORKS DEPARTMENT 100 Civic Plaza Dublin, California 94568 ' (925) 833-6630 PERMIT NO. ~ -' ~~ ENCROACHMENT PERMTT PERMIT TO DO WORK ITC ACCORDANCE WTTH CITY OF DUBLIN MUNICIPAL CODE CHAPTER 7.04 AND ANY SPECIAL REQUIREMENTS SHOWN OR LISTED HEREIN.. Applicant/Permi e: Permit Fee: $ f Plancheck Fee: Name: `Lk. ~ ~' ~ Resurfacin Surchar e: $ , t Ins ection Fees: f,~ t Address:~5C5 ~%~w' - ~li, ~ FL $ $ p ~NGC'~R-~ , L~S~ Total Fees: $ Telephone~~ ~~~ ~~~ Bond: Sure Cash: Total Paid: $ Recei t No. PLEASE READ THIS PERMIT CAREFULLY. KEEP IT AT THE WORK SITE. TO ARRANGE FOR INSPECTION, PHONE 833-6630 AT LEAST 48 HOURS BEFORE YOUSTART WOR% JOB LOCATION: DESCRIPTION OF rtsS ~ i V ~/>, ~~ A Q~~ )RK: (Attach 2 copies of plans. Attach additional pages if needed.) ~'~~ '~ ~tr~~ ~~i3L,N ct~~,_aw~:~.~ ~~~~~ ~t ~cGG-QT'S. Length of Ezcavation~ I.f. Width I.f. Depth ft. U. S. A. IDENTIFICATION NUMBER (if applicable) ATTENTION IS DIRECTED TO THE GENERAL PROVISIONS PRINTED ON THE REVERSE 5IDE OF THIS PERMIT AND TO THE FOLLOWING SPECIAL REQUIREMENTS: 1. Permittee shall provide and keep current a certificate of Public Liability and Workers Compensation Insurance which names the City of Dublin and its employees and agents as additional insureds. 2. Worksites left in an unsafe condition will be secured by the City Maintenance Department and the cost charged to the Permittee. Proaecutlan of Work All work anthodzed 6y the permit shall be performed fn a workmanlike, diligent, and espeditloua manner, and must be complete to the nliifaNon o! the Clty Engineer. - IJabillty and D•m•gs: The perminee ahail be wpos161e for all li•blliq Impo.ed by law for penen•1 Injury •r property damage which may arl.e out of the nark permitbd and done by permitbe under this permit, er which may arise out of failure on the pert of the permittse to perform hl. •bllgatiana under said permit In rupeet b malnbnance and envoachmenl The Permittee shall protect and Indemnify Me Clly •fIlublin, IV orticcn and employes, and ere them harmlos In every wry from all aNon 6y law far damage er inJury to penoru or property that may adae out o(or be ocoaianed in any way because of hh opentlona u provided In INs permit. Sign r o Per itt e: City Engineer . ~~~~~~ By. By: Date: 1 ~ (~~~ I Date of Issue: fl' D~_ Record (Note date, type of inspection, and comments.) FYI^Ili B ~~ Q~ Ig RESOLUTION NO. - 09 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN AMENDMENT TO EXHIBIT "A" OF THE STREETLIGHT LICENSE AGREEMENT WITH PACIFIC GAS & ELECTRIC (PG&E) FOR THE SMARTMETER PROGRAM WHEREAS, the CITY and PG&E entered into an Agreement dated February 3, 2009, whereby the CITY granted PG&E anon-exclusive, revocable license for the attachment of SmartMeter Equipment to CITY owned streetlight poles, subject to the terms and conditions set forth in the Streetlight License Agreement; and WHEREAS, PG&E desires to amend Exhibit "A" of the Agreement for the attachment of communication equipment used for the operation and maintenance of PG&E's SmartMeter network, to add three (3) additional CITY owned streetlight poles; and WHEREAS, it is understood and agreed that the amendment to Exhibit "A" of the Agreement will permit placement of the SmartMeter communication equipment on three additional (3) certain CITY owned existing streetlight poles; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin approves the Amendment to Exhibit "A" of the Agreement. BE IT FURTHER RESOLVED that the City Manager is authorized to execute the Amendment to Exhibit "A" of the Agreement. PASSED, APPROVED AND ADOPTED this 21st day of July, 2009, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk Mayor G:~AGENDA STATEMENTS, MISC~PGBcE - SmartMeter~Reso PG&E SmartMeter Ageement_AMENDMENT.doc ATTACHMENT ~ ~ ~ ~- I g EXHIBIT "A" OF RESOLUTION NO. - 09 AMENDMENT TO AGREEMENT BETWEEN THE CITY OF DUBLIN AND PACIFIC GAS AND ELECTRIC FOR THE SMARTMETER PROGRAM WHEREAS, the City of Dublin (hereinafter referred to as "CITY") and Pacific Gas and Electric (PG&E) entered into an agreement dated February 3, 2009, where the CITY granted PG&E a non-exclusive, revocable license for the attachment of the SmartMeter Equipment to CITY streetlight poles, subject to the terms and conditions set forth in the Streetlight License Agreement; and WHEREAS, PG&E wishes to amend Exhibit "A" of the Agreement for the attachment of communication equipment used for the operation and maintenance of PG&E's SmartMeter network, to three (3) additional CITY owned streetlight poles; NOW, THEREFORE, the parties hereto agree as follows: Section 1. Additional Location It is understood and agreed that the amended Exhibit "A" of the Agreement, attached hereto, shall permit placement of SmartMeter communication equipment on three (3) additional certain CITY-owned existing streetlight poles at 10846 Inspiration Circle, 4918 Redwood Avenue, Dougherty Road. Section 2. Terms of Agreements All other terms and conditions of the Agreement entered into on February 3, 2009, shall remain in effect for the life of this Agreement. CITY OF DUBLIN Tim Sbranti, Mayor PACIFIC GAS AND ELECTRIC PG&E Representative ATTEST: CITY CLERK Date: G:~AGENDA STATEMENTS, MISC~PG&E - SmaztMeter~Amendment Reso PG&E SmartMeter Agreement_AMENDMENT.doc EXHIBIT • To the Resolution Pacif-c Gas and f-ectnic Co-npany,~ EXHIBIT A STREET LIGHT and UTILITY POLE PERMIT PART I RE VEST FOR ACCESS To: CITY OF DUBLIN: Street: 100 Civic Plaza Dublin, CA 94568 (925)833-6630 Date: July 3, 2009 Agreement #: XXDC-00-0064 In accordance with that certain Streetlight and Utility Pole License Agreement between the City of Dublin ("City's and PG8~E dated March 17. 2009 (the "Agreement's we hereby request permission to place attachments on the City streetlights designated below. 1. Location of the streetlights PG&E NLC# Location PG&E NLC# Location 13072 5964 PERSIMMON DR X/0 STONEPINE ST 13075 TASSAJARA RD X/0 S DUBLIN RANCH RD 13076 END OF ROCKING HORSE CT 13072 SILVERA RANCH RD X/0 BRANDING IRON 13116 DOUGHTERY RD X/0 WILLOW CREEK DR 13113 10846 INSPIRATION CIRCLE 13074 SUGARHILL DRIVE AT KINGSMILL TERRACE 17300 4918 REDWOOD AVE 17301 DOUGHERTY RD 2. Schematic drawing of the attachments to be contacted under this permit are attached. Location of each streetlight shown as a . on the map attached. Permittee: Pacific Gas and Electric Company Authorizing Engineer Name: Bill Monlux Address: 1850 Gateway Blvd, Concord, CA 94520 Company or Department: SmartMeter Operations Phone # (925) 270-2819 PART 2 AUTHORIPq TI06V ubject to the terms and conditions of the Agreement, you are hereby authorized to install the attachments described in this Khibit. ITY OF DUBLIN: f: Execution Date: 1 EXHIBIT ~ S I PART NUMBER I PGB,E NUMBER BAND 2 - 3 FEET OF EXTRA P TAP CABLE ON TOP OF STRE ARM FOR FUTURE MAPNTENA STREET LIGHT. SEE NOTE 7. i ~l _ ,` 7 - -- ~-; 9 ;ISEE NOTE 10 1 ~ I (162, ;55i,43;;53i(54;i • ~ ~ ~ 70'. j ~ L ~--• --~ ~ i 5/8•• i I it 1.' ~ DETAIL A ----~~-- ,. 1162? ': 55 7 i 43 t 53 ; 54) 43 i, 53 U` 54 i I:1 I 518' DETAIL 8 ------- 71 J__ i I LI i i• 'II 5116" 19V ICJ -- - 1. REFER TO PG&E ENGINEERING DOCUMENT 068190 FOR INFORMATION REGARDING SPECIFIC PGBE REQUIREMENTS. 2. DATA COLLECTOR UNIT {DCU) MAY BE MOUNTED UNDER STREETLIGHT ARM OR BACKSIDE OF POLE. 3. NO GROUNDING IS REQUIRED. 4. ANTENNAS 5HOUl0 BE MOUNTED AS HIGH AS POSSIBLE ON POLE SHAFT OF STREETLIGHT WITH A 25 FEET MINIMUM ;134, ~ ~ 1~ "~~`~ ~_ ~ I~' 77 }SEE NOTE 5 -'' ('` _ "J' 1 PG&E LOGO 34) - PGaE ~ ~ DCU NUMBER (6 DIGITS) ; 11 2 3 t j 5 s 6 SEE NOTE 11 ' 95 ,'-'104' , -" __ H f 21 j PG&E LOCK 1 Ji136F i69~RFILABEL ~- - ~ - i 22 ; ~ 23 .} --------(134} ------ ~ - MULTI-VOLTAGE 1 NOTE: INSTALL MULTI-VOL' TAP IF 120 VAC IS NOT SUF STREET LIGHT. ENSURE TF IS WIRED TO MATCH STF VOLTAGE ON PRIMARY ANI SECONDARY. REFER TO SM009ACC EN INSTALLATION DRAWL ADDITIONAL DETf ~--- DETAIL C ~.. i ~. _'~ .. ~,~ ,~-,,~ ~xnlplt H - r~~t ~marimeter tqulpment on the City of Dublin Streetlights, 07-03-09 T ,~ `, w'~ San Ramon s `~~.,1 ~'`; ';~ ~ .r--' \~ N. d6 m. ~L - ~~ } Gco ~, ~~ ,f"p" i 1~~T Q d~~d ~c`l, °~p~ '= _ Dougherty ( ~~, t ~~.~ ~,,: 'Q _ _ .,o HiIIs Park ~:. ~> - . g San. Ramon ' ~ Camp Parks _ '' Military Q dVillage S, - ~ Reservation _ , 2 ~ ~S __ i 17301 ,~ _~ ~ i~ Q ~ ~ '~ ~I ~ - ~,~' ,uoi ~ , ,.., ~ ,~ ~` ~~ ~= ~x _ ~'N `~ ~ o- '" ~ o, ~ ~ , n~ - ~ \~ ~ ~ yi1(s _4- , - ~ _--_=~ ,, ~ f 1~~ ---DCI~f .=; ,.- J ~~Ja ~ ' , ~ ~ e`~ t cJa\\ _ 8t9th St ~ ~ ' h-Sty _ .:- - ~ ao Komandorskl - ~ Broder= Blvd- -_ ~a Village ~ P - _ -- 17300 -,Gle ~ D ~_ ~, ~ -a ~. .o- -- - 5th ;St _ _ iY .o c ~,= a~ ~~ r ~ ~ - central Pkwy = !N ~__ i rn_ _ ~ _ -_ t , r~ = rt , . ~ ~ - p c0. , o ~ °~ - - ~ Dublin _ ~ ~~ =~o ~~ ' _ ~°"e~a ~ o ~ ~ leasanton -~ ~. ~ ~1~ ~ ~ mi 1 -~` 1.5 Copyright ©and (P) 19t31~2006 Microsoft Corporation and/or its suppliers. All rights reserved. http://www.microsoft.com/mappoinU Portions ©1990-2005 InstallShield Software Corporation. All rights reserved. Certain mapping and direction data ©2005 NAVTEO. All rights reserved. The Data for areas of Canada includes information taken with permission from Canadian authorities, including: ©Her Majesty the Queen in Right of Canada, ©Queen's Printer for Ontario. NAVTEO and NAVTEO ON BOARD are trademarks of NAVTEO. ©2005 Tele Atlas North America, Inc. All rights reserved. Tele Atlas and Tele Atlas North America are trademarks of Tele Allas, Inc. J G ~Q Exhibit A (additions), PG~E SmartMeter Equipment on the City of Dublin Streetlights, 07.03.09 13113 DUBLIN ~108461NSPIRA' 17301 DUBLIN AVE yby 37.707860 -121. 135 37.712705 -121. 426 37.718537 -121. OD D4