HomeMy WebLinkAboutItem 21- City & SUB Street Lighting IGA AGENDA ITEM SUMMARY Meeting Date: 7/1/2024
Meeting Type: Regular Meeting
Staff Contact/Dept.: Brian Barnett/Scott
Miller
Staff Phone No: 541-726-3673
Estimated Time: 5 Minutes
S P R I N G F I E L D
C I T Y C O U N C I L
Council Goals: Maintain and Improve
Infrastructure and
Facilities
ITEM TITLE: CITY & SUB STREET LIGHTING INTERGOVERNMENTAL AGREEMENT
(IGA)
ACTION
REQUESTED:
Motion: Authorize/Not Authorize the City Manager to negotiate and execute an
IGA with Springfield Utility Board (SUB) for the maintenance and operation of the
City-owned street lighting system.
ISSUE
STATEMENT:
A 2003 Street Light Maintenance IGA currently exists between the City and SUB.
A presentation was made at the 6/3/24 City Council Work Session to solicit
feedback for updating the IGA. There are several final details to be determined by
City and SUB legal teams, and once those details are finalized we are requesting
that the City Manager be given authority to execute the IGA.
ATTACHMENTS: 1. Draft City & SUB Street Light Maintenance IGA
DISCUSSION/
FINANCIAL
IMPACT:
The City of Springfield owns the street lighting system that operates within City
limits. Most of this system is connected directly to SUB facilities that fall under the
National Electric Safety Code, and by statute and administrative regulation fall
under the exclusive control of the electric utility (SUB). Under this structure, SUB
performs most routine maintenance activities on this city-owned system. While a
2003 IGA currently exists to govern these activities, it needs to be updated to reflect
the current business needs. In particular, the proposed IGA provides better guidance
in the following areas:
• Energy costs for each light can be charged based on actual consumption
instead of a flat rate.
• A maintenance cost reimbursement model that now incorporates an
additional adjustment for inflation (rather than a simple +/- 5% adjustment).
• Facility ownership boundaries that match SUB’s definitions for other
customers.
• Better defined maintenance responsibilities.
• Reports that SUB must provide on an annual basis to facilitate audits.
• Roles of third parties (developers and contractors).
• The IGA will be accompanied by a Standard Operating Procedure approved
by the Division Director, which will govern the day-to-day business rules
and can be updated more frequently to match changing conditions.
The City expects some cost savings to be realized through the execution of this
IGA. In particular, we will be able to use the new control nodes installed on each
light through the 2023-2024 ARPA-funded Street Light LED Replacement project
to measure actual energy consumption, with further cost savings through dimming
and trimming of lights. We expect additional savings of approximately $30,000-
$40,000 per year. Additionally, this IGA provides much better definition of
responsibilities, which will allow communication and maintenance activities to be
streamlined.
2024 City – SUB Intergovernmental Agreement for Street Lights Page 1 of 9
STREET LIGHTING
INTERGOVERNMENTAL
AGREEMENT
This Agreement made and entered into this ________ day of _____________, 20__, by and
between the City of Springfield, Oregon, herein referred to as “City” and the Springfield Utility
Board, herein referred to as “SUB.”
WHEREAS, SUB provides electric service to the residents of Springfield inside SUB’s electric
service territory; and
WHEREAS, the City provides street lighting for the residents of Springfield; and
WHEREAS, the parties desire to agree upon their respective duties and obligations for the
installation and maintenance of the City’s street light system;
NOW, THEREFORE, the parties hereto mutually agree as follows:
ARTICLE I – SCOPE OF AGREEMENT
A. This Agreement shall be in effect for all City-owned street lights in the City of
Springfield and shall include construction and maintenance of street light facilities.
B. The Appendices associated with this Agreement may be updated by the Controlling Party
with sufficient notice to the other Party. Additional topics included in the appendix shall be
agreed to by both parties.
1. The SUB Appendices shall address the following topics:
1.a) O&M Subsidiary Ledger
1.b) O&M fees
1.c) Energy fees
1.d) NESC-related Construction Standards and Drawings
2. The City Appendices shall address the following topics:
2.a) Manufacturer part numbers for fixtures and control nodes
2.b) NEC-related Construction Standards and Drawings
C. The Standard Operating Procedures (SOP) document associated with this Agreement may
be updated periodically upon mutual agreement of both parties’ division directors, or their
designee. The updates may be done in-part or as a whole and such changes shall be referenced in
a revision table. Both parties shall attempt to resolve requested revisions to the SOP within 180
days of receiving a written request. If the division directors cannot reach agreement to changes in
the document, SUB’s General Manager and the City Manager shall determine appropriate
changes.
Attachment 1, Page 1 of 18 DRAFT
2024 City – SUB Intergovernmental Agreement for Street Lights Page 2 of 9
ARTICLE II - DEFINITIONS
City Facility(ies)- street light facilities that are owned by the City of Springfield, beyond the
Ownership Boundary including, but not limited to, overhead and underground conductors,
junction boxes, conduit, poles, foundations, conductor supports, fuse holders, fuses, mast arms,
luminaires, and street light controls.
Controlling Party - A Party to this Agreement who shall have the authority to make changes to
particular Appendices without concurrence of the other Party. Each of the Appendices shall
designate the Controlling Party and define sufficient notice.
Energy Charge - For NESC Installations the Energy Charge for each kWh consumed shall be
set by the SUB L-1 rate schedule for both nodal metered and non-metered lighting. For NEC
Installations the Energy Charge for each kWh consumed shall be set by the SUB L-2 or GS-1
rate schedule.
Exclusive Control - The party with “Exclusive Control” has unilateral authority to decide
interpretation of code and implementation of physical actions on the installation. For NESC
installations, SUB has exclusive control. For NEC installations, SUB has exclusive control of all
SUB Facilities, and City has exclusive control of all City Facilities not controlled by SUB.
Extended Maintenance - Activity performed by SUB on City Facilities, which is not tracked on
the O&M Subsidiary Ledger. Activities associated with Extended Maintenance will have their
own project approval and payment processes as defined in the SOP.
Foreign Facility(ies) - Electric utility facilities that are owned by a foreign utility (typically,
EWEB or EPUD) and applies where an NESC Installation receives electricity from a utility other
than SUB. SUB will provide maintenance and coordinate with the other utility for safe access.
Ownership Boundary - The Ownership Boundary is the physical point at which SUB owned
facilities end and the City owned facilities begin. Ownership defines the financial responsibilities
of each party. Ownership Boundaries are defined below and shown below in Figure 1:
• For underground fed metered street lights, the final SUB Facility is the conductor that
enters the meter box and terminates at the lug. The meter box and its terminations are
City Facilities. SUB owns the actual meter.
• For overhead fed metered street lights, the final SUB Facility is the connector outside the
weatherhead. SUB owns the actual meter.
• For underground fed non-metered street lights, the final SUB Facility is the last connector
in the SUB junction box or transformer. All street light fusing is City Facilities.
• For overhead fed non-metered street lights, the final SUB Facility is the last connector on
the SUB transformer secondary side or the last connector that is shared with another SUB
customer service.
Attachment 1, Page 2 of 18 DRAFT
Streetlight Maintenance Legend
Underground
Metered - NEC
Underground
Unmetered - NESC
Overhead
Metered - NEC
Overhead
Unmetered - NESC
Owned by City and under City’s exclusive control
Owned by SUB and under SUB’s exclusive control
Owned by City and under SUB’s exclusive control
1: Utility pole
2: Transformer (Pole or Pad Mounted)
3: Utility Junction Box
4: Service Panel and Meter
5: Cobra Head Light Pole
6: Cobra Head Light Fixture
7: Street Light Junction Box
8: Decorative Light and Pole
9: Third Party Customer
(Residence, Commercial
or Industrial Customer,
or Private Light)
2
3 4 5
6
7
1 8 9
Attachment 1, Page 3 of 18 DRAFT
2024 City – SUB Intergovernmental Agreement for Street Lights Page 4 of 9
NEC - National Electrical Code, also known as NFPA 70.
NEC Installations - Electrical installations that follow the NEC rules. These are typically
installations behind a revenue utility meter with an associated service disconnect device.
NESC - National Electrical Safety Code, also known as IEEE C2.
NESC Installations - Electrical installations that follow NESC rules. These rules govern
facilities under exclusive control of the electric utility. For street lights, these typically do not
have a revenue utility meter with an associated service disconnect device, with direct connection
to the utility service.
Nodal Metering - Collection of actual street light energy usage through a City owned control
node at each light. The use of a control node does not in and of itself constitute an NEC
installation because there is not necessarily an associated service disconnect device.
O&M Subsidiary Ledger - Perpetual accounting used to true up SUB expenditures for ordinary
maintenance as debits and City payments as credits.
SOP - Standard Operating Procedures associated with this agreement.
Small Cell Pole - A City owned facility that discreetly houses a small cell antenna where the
street light circuit is on its own breaker behind the cell owner meter.
SUB Facility(ies) - Electric utility facilities that are owned by SUB. This includes poles,
transformers, utility junction boxes, conductors and connectors which serve the City street lights,
as well as other SUB customers.
ARTICLE III – STANDARDS AND SPECIFICATIONS
A. All specifications covering the construction and maintenance of street light facilities shall
conform to the following codes except where lawful requirements of the public authorities may
be more stringent, in which case the more stringent will govern.
1. The National Electrical Safety Code (NESC), most recently adopted
version by the State of Oregon, for non-metered installations
2. The National Electrical Code (NEC), most recently adopted version by the
State of Oregon, for metered installations
3. Oregon Electrical Specialty Code, most recently adopted version by the
State of Oregon, for metered installations
4. The Occupational Safety and Health Act (OSHA) and Oregon OSHA.
5. The City of Springfield
a) Standard Construction Specifications
b) Engineering Design Standards and Procedures Manual (EDSPM)
c) Springfield Development Code (SDC)
d) Springfield Municipal Code (SMC)
B. All NEC and NESC-related construction standards and drawings shall have an
engineering seal applied in conformance with Oregon law (ORS 672) by the Controlling Party.
Attachment 1, Page 4 of 18 DRAFT
2024 City – SUB Intergovernmental Agreement for Street Lights Page 5 of 9
C. All material standards covering street lighting facilities shall be developed by the City
with SUB providing technical assistance. The City shall strive to limit the type and size of newly
installed street lighting fixtures to no more than five cobra head sizes (lumen output and pattern),
and two decorative luminaires (lens, lumen output, housing style and tenon size). See City
Appendix 2.a)
ARTICLE IV – COORDINATION FOR NEW CONSTRUCTION
These items will have processes (e.g. design, inspection, as-built), roles, responsibilities, and
default cost recovery methods defined in the SOP:
A. New installation or modification during development approval (i.e. PIP)
B. New installation or modification, outside of a development, or in a roadway project (i.e.
CIP)
C. New installation or modification associated with a small cell
D. New installation or modifications to City Facilities, work NOT performed by SUB
E. New installation of City Facilities, work performed by SUB
ARTICLE V – MAINTENANCE
A. SUB responsibilities in this section are included in the Operations and Maintenance fees
and tracked in the O&M Subsidiary Ledger.
1. SUB shall be responsible for maintenance of NESC Installations of City
Facilities, with inclusions, exclusions, and clarifications described in the SOP for
specific assets.
2. SUB shall be responsible for locating underground circuits for NESC
Installations.
3. SUB shall be responsible for troubleshooting NESC installations, as
described in the SOP.
4. SUB shall maintain City owned NESC Installations attached to Foreign
Facilities.
5. SUB shall be responsible for coordinating with other utilities when
performing maintenance on NESC Installations connected to Foreign Facilities.
6. SUB shall transfer City Facilities to the new utility pole when the old
utility pole is replaced.
7. SUB, in coordination with the City, shall respond to customer inquiries
and reported problems with the City Facilities to minimize the number of
transactions. The division of responsibilities will be described in the SOP.
8. SUB shall maintain an adequate inventory of street light materials as
described in the SOP.
9. SUB shall provide estimates for Extended Maintenance and special
projects, as requested by the City.
Attachment 1, Page 5 of 18 DRAFT
2024 City – SUB Intergovernmental Agreement for Street Lights Page 6 of 9
10. SUB, in coordination with the City, shall coordinate physical asset
management, including as-builts, mapping and database records to enable
reasonable access as described in the SOP.
11. SUB shall energize and de-energize NESC Installations, as needed, for
new installations and maintenance.
12. SUB will provide an annual report no later than January 31 for the
preceding calendar year as described in the SOP.
B. City maintenance responsibilities:
1. The City shall be responsible for locating underground circuits for NEC
installations.
2. The City shall be responsible for the maintenance activities of NEC
installations.
3. The City shall maintain an adequate inventory of street light materials as
described in the SOP.
4. The City shall be financially responsible for the Extended Maintenance
activities of City-owned NESC facilities. The City may contract with SUB or a
SUB-approved contractor to perform work on the city’s behalf.
ARTICLE VI – ADDITIONAL SERVICES
SUB responsibilities in this section are not covered by the Operations and Maintenance fees, nor
accrued to the Subsidiary Ledger. Additional billings will be made, based on the work
performed, and billed per project at actual cost as a pass-through.
A. SUB shall be responsible for performing emergency work to address conditions that
affect public safety. The description of the scope of work to be performed will be described in
the SOP. The following are some examples of emergency work:
• Any emergency response where the benefit to the City Facilities is incidental to SUB’s
response, the work will be performed without additional cost to the City
• Response for other unforeseen natural events where SUB’s response is primarily for the
benefit of City Facilities
• Response for damage per SOP
B. Extended Maintenance work and special projects shall be requested by the City and
performed by SUB upon mutual agreement, as described in the SOP. When requested by the
City, SUB will provide a written estimate prior to work being authorized. If the City directs SUB
to perform the Extended Maintenance work, SUB may proceed on verbal approval followed by
written request.
Attachment 1, Page 6 of 18 DRAFT
2024 City – SUB Intergovernmental Agreement for Street Lights Page 7 of 9
ARTICLE VII - BILLINGS
A. Each month, SUB will prepare the previous month’s invoice for energy, based on SUB’s
L-1 Rate Schedule for NESC Installed lights, and maintenance costs for all SUB maintained
lights, based on SUB’s Appendices 1.b) and 1.c). All maintenance costs at a fixed rate per
fixture will appear on this invoice and all Extended Maintenance shall be invoiced separately.
B. Energy billing for NESC Installations will be determined by actual energy usage as
measured by Nodal Metering. The control system will be rated for at least 0.5% accuracy and
will be agreed to by SUB prior to deployment. The City shall provide SUB access or information
regarding consumption, as described in the SOP.
In the event that there is insufficient data to determine the energy consumption using the Nodal
Metering, the default kWh calculation will be based on the NEMA input wattage for the fixture
with an average of 304 hours per month (averaging 10 hours per night).
C. Maintenance of street lights shall be performed on an actual cost basis. At the end of each
billing year, actual SUB labor and material costs will be tracked and debited to the O&M
Subsidiary Ledger and City monthly maintenance payments will be credited to the O&M
Subsidiary Ledger.
A balance will be carried over from one year to the next. The maintenance rates in effect and the
carryover will be used to determine the following year’s maintenance rates with the provision
that the rates shall not increase or decrease by more than 5% from year to year after accounting
for cost of living changes according to Consumer Price Index for Urban Wage Earners and
Clerical Workers (CPI-W), http://www.ssa.gov/oact/STATS/cpiw.html, without mutual
concurrence, starting in 2024. With mutual concurrence, the CPI-W adjustment may be
disregarded. Every five years, a review should be performed to true up experienced maintenance
costs, and this may result in a one-time payment to cure the differential.
D. Upon termination of this Agreement, the City and SUB shall have negotiations to
reconcile any remaining carryover debit or credit.
E. Billings for Extended Maintenance and special projects will be invoiced as Work For
Others within 90 days of work completion, unless other arrangements are made.
ARTICLE VIII – CONTRACTORS
A. The contractor specifically agrees to comply with all applicable health and safety laws
and regulations whether federal, state, or local, and whether adopted for the benefit of
contractor’s employees or the general public. The contractor shall be responsible for remedying
unsafe work procedures giving rise to violations, and shall defend and hold harmless SUB from
any penalty, fine, or liability in connection therewith.
Attachment 1, Page 7 of 18 DRAFT
2024 City – SUB Intergovernmental Agreement for Street Lights Page 8 of 9
B. City contractors working on NESC Facilities shall follow either option 1 or 2 below, with
SUB’s approval.
1. Comply with all of the following:
a) SUB shall be informed of the City’s intent to have a contractor
perform street light work on SUB-owned poles, making electrical
connections at the Ownership Boundary or having access to SUB j-boxes
or transformers.
b) SUB shall provide a system orientation to the contractor prior to
allowing the work on SUB Facilities.
c) Contractors used by the City on SUB Facilities shall have
completed the BOLI Standards of Apprenticeship for Electrical power-line
installers and repairers and must follow OSHA 1910.269 Electrical power
generation, transmission and distribution.
d) The contractor shall meet SUB’s insurance coverage requirements
as specified in SUB’s Standard Terms and Conditions..
2. Electrical contractors, used by the City on City Facilities that are under
SUB’s Exclusive Control, shall coordinate with SUB for disconnection and
reconnection of NESC installations.
ARTICLE IX – LIABILITIES
A. SUB shall indemnify and hold harmless the City and its employees from and against any
and all claims, losses, damages, and expenses, including attorney’s fees at or before trial, and on
appeal, on account of or resulting from the performance of work by SUB pursuant to this
agreement.
B. The City shall indemnify and hold harmless SUB and its employees from and against any
and all claims, losses, damages, and expenses, including attorney’s fees at or before trial, and on
appeal, on account of or resulting from the performance of work by City or it’s contractor(s)
pursuant to this agreement.
ARTICLE X – TERMS OF AGREEMENT
This Agreement shall continue in force for three (3) years from its effective date and thereafter
until terminated by either party at any time upon at least 180 days prior notice to the other party,
and provided further that notwithstanding such termination, this Agreement shall remain in full
force and effect with respect to any and all work requests received from the City prior to the time
of termination.
Attachment 1, Page 8 of 18 DRAFT
2024 City – SUB Intergovernmental Agreement for Street Lights Page 9 of 9
In witness whereof, the parties hereto have caused these present to be executed by their
respective officers thereunto duly authorized as of this day and year written below.
SPRINGFIELD UTILITY BOARD
By: ______________________________________
Jeff Nelson, General Manager
Date: ____________________________________
CITY OF SPRINGFIELD
By: _____________________________________
Nancy Newton, City Manager
Date: ____________________________________
Attachment 1, Page 9 of 18 DRAFT
2024 City – SUB Intergovernmental Agreement for Street Lights Appendix 1.A.
O&M Subsidiary Ledger
Appendix 1.A.
Effective Date: _____________
SUB expenses are tracked using Job # 110644 or other job numbers directly assigned for street
light maintenance. SUB overheads are accumulated at the maintenance/expense values. Revenue
and expenses will cover the same time frame.
Additional payments shall be listed as separate line items
Year Revenue
from City
SUB
Expenses
Revenue -
Expense
Running
Total
Notes
2023 ($107,830.14) Carry over
2024 January to June
2024 True up.
2024 July to December
2025
2026
2027
2028
2029 True-up year
Attachment 1, Page 10 of 18 DRAFT
2024 City – SUB Intergovernmental Agreement for Street Lights Appendix 1.B.
O&M Fees
Appendix 1.B.
Effective Date: _____________
The maintenance rate for 2024 is $1.65 per NESC installed light per month.
Attachment 1, Page 11 of 18 DRAFT
2024 City – SUB Intergovernmental Agreement for Street Lights Appendix 1.C.
SUB Energy Fees
Appendix 1.C.
Effective Date: _____________
Unmetered lights are billed according to the L-1 current rate schedule.
As of 4/1/24, the basic rate is $0.43 per light per month and $0.0655per kWh.
Attachment 1, Page 12 of 18 DRAFT
2024 City – SUB Intergovernmental Agreement for Street Lights Appendix 1.D.
SUB Construction Standards and Drawings
Appendix 1.D.
Effective Date: _____________
SUB accepts the following City drawings without exception for NESC installations:
TSD5_23 Metal Pole Luminaire Detail, dated October 2003
TSD5_24b Fiberglass Pole with “Cobra Head” Luminaire Detail, dated Feb 16, 2023
5-24d Decorative Street Light Detail, dated May 2020
Attachment 1, Page 13 of 18 DRAFT
2024 City – SUB Intergovernmental Agreement for Street Lights Appendix 2.A.
Manufacturer Part Numbers for Fixtures and Control Nodes
Appendix 2.A.
Effective Date: _____________
Fixtures
Light Category Manufacturer Model Input
Wattage
Replacement Pathway Acuity ATBX P10 MVOLT R2 BK NL P7 14
Replacement Low Acuity ATBMIC P105 MVOLT R2 NL P7 45
Replacement Med Acuity ATBMIC P155 MVOLT R2 NL P7 61
Replacement High Acuity ATB0 P303 MVOLT R2 NL P7 106
Replacement Very High Acuity ATB0 P305 MVOLT R3 NL P7 145
Decorative Granville* Holophane GVD3 P40 40K MVOLT MS GL3
BK ST TBK PR7 L20
80
Decorative Washington* Holophane WAE3 P40 40K MVOLT EN GL3
BK SK TBK PR7 L20
80
New development and capital projects will attempt to use the above fixtures whenever possible,
however actual site conditions and geometries may require other fixtures to be used.
*Confirm decorative part numbers with Holophane rep prior to purchase, due to frequent part
number changes.
Control Nodes
Node Category Manufacturer Model
Cobrahead Dimonoff RME-XBP-GPS
Decorative Dimonoff RTM-XBP-IO
Attachment 1, Page 14 of 18 DRAFT
2024 City – SUB Intergovernmental Agreement for Street Lights Appendix 2.B.
NEC-related Construction Standards and Drawings
Appendix 2.B.
Effective Date: _____________
Please see the following City of Springfield standard drawings 5-23, TSD5_24b, and 5-24d.
Attachment 1, Page 15 of 18 DRAFT
Attachment 1, Page 16 of 18 DRAFT
Attachment 1, Page 17 of 18 DRAFT
Attachment 1, Page 18 of 18 DRAFT