The company acknowledges the critical nature of the municipal services performed or provided by the City to the residents which require the company to provide prompt and reliable utility service and the performance of related services for City facilities. The City and the company wish to provide for certain terms and conditions under which the company will provide utility service and perform related services for the City in order to facilitate and enhance the operation of City facilities. They also wish to provide for other processes and procedures related to the provision of utility service to the City.
Subject to the jurisdiction of the PUC, the company shall take all reasonable and necessary steps to provide a sufficient supply of gas and electricity to residents at the lowest reasonable cost consistent with reliable supplies.
(a) 
Transport Gas.
To the extent the City is or elects to become a gas transport customer of the company, the company shall transport natural gas purchased by the City for use in City facilities pursuant to separate contracts with the City.
(b) 
Charges to the City.
No charges to the City by the company for utility service (other than gas transportation which shall be subject to negotiated contracts) shall exceed the lowest charge for similar service or supplies provided by the company to any other similarly situated customer of the company. The parties acknowledge the jurisdiction of the Colorado PUC over the company’s regulated intrastate electric and gas rates.
(a) 
Notification.
The company shall provide to the City daytime and nighttime telephone numbers of a designated company representative from whom the City designee may obtain status information from the company on a 24-hour basis concerning interruptions of utility service in any part of the City.
(b) 
Restoration.
In the event the company’s gas system or electric system, or any part thereof, is partially or wholly destroyed or incapacitated, the company shall use due diligence to restore such systems to satisfactory service within the shortest practicable time, or provide a reasonable alternative to such system if the company elects not to restore such system.
(a) 
Company Facilities.
All company facilities within City streets shall be maintained in good repair and condition.
(b) 
Company Work within the City.
All work within City streets performed or caused to be performed by the company shall be done:
(1) 
In a high-quality manner;
(2) 
In a timely and expeditious manner;
(3) 
In a manner which minimizes inconvenience to the public;
(4) 
In a cost-effective manner, which may include the use of qualified contractors; and
(5) 
In accordance with all applicable laws, ordinances, and regulations.
(c) 
No Interference with City Facilities.
Company facilities shall not interfere with any City facilities, including water facilities, sanitary or storm sewer facilities, communications facilities, or other City uses of the streets or other City property. Company facilities shall be installed and maintained in City streets and other City property so as to minimize interference with other property, trees, and other improvements and natural features in and adjoining the streets and other City property in light of the company’s obligation under Colorado law to provide safe and reliable utility facilities and services.
(d) 
Permit and Inspection.
The installation, renovation, and replacement of any company facilities in the City streets or other City property by or on behalf of the company shall be subject to permit, inspection and approval by the City. Such inspection and approval may include, but shall not be limited to, the following matters: location of company facilities, cutting and trimming of trees and shrubs, and disturbance of pavement, sidewalks, and surfaces of City streets or other City property. The company agrees to cooperate with the City in conducting inspections and shall promptly perform any remedial action lawfully required by the City pursuant to any such inspection.
(e) 
Compliance.
The company and all of its contractors shall comply with the requirements of all municipal laws, ordinances, regulations, permits, and standards, including but not limited to requirements of all building and zoning codes, and requirements regarding curb and pavement cuts, excavating, digging, and other construction activities. The company shall assure that its contractors working in City streets or other City property hold the necessary licenses and permits required by law.
(f) 
Increase in Voltage.
The company shall reimburse the City for the cost of upgrading the electrical system or facility of any City building or facility that uses utility service where such upgrading is solely caused or occasioned by the company’s decision to increase the voltage of delivered electrical energy. This provision shall not apply to voltage increases required by law, including but not limited to a lawful order of the PUC, or voltage increases requested by the City.
(g) 
As-Built Drawings.
Upon written request of the City designee, the company shall provide within 14 days of the request, on a project-by-project basis, as-built drawings of any company facility installed within the City streets or contiguous to the City streets. As used in this section, as-built drawings refers to the facility drawings as maintained in the company’s geographical information system or any equivalent company system. The company shall not be required to create drawings that do not exist at the time of the request.
The company shall be responsible for obtaining, paying for, and complying with all applicable permits including, but not limited to, excavation, street closure and street cut permits, in the manner required by the laws, ordinances, and regulations of the City. Although the company shall be responsible for obtaining and complying with the terms of such permits when performing relocations requested by the City under Section 6.8 of this franchise and undergrounding requested by the City under Article 11 of this franchise, the City will not require the company to pay the fees charged for such permits.
When the company does any work in or affecting the City streets or other City property, it shall, at its own expense, promptly remove any obstructions therefrom and restore such City streets or other City property to a condition that is substantially the same as existed before the work, and that meets applicable City standards. If weather or other conditions do not permit the complete restoration required by this section, the company may with the approval of the City, temporarily restore the affected City streets or other City property; provided, that such temporary restoration is at the company’s sole expense and provided further that the company promptly undertakes and completes the required permanent restoration when the weather or other conditions no longer prevent such permanent restoration. Upon the request of the City, the company shall restore the streets or other City property to a better condition than existed before the work was undertaken, provided that the City shall be responsible for any incremental costs of such restoration not required by then-current City standards. If the company fails to promptly restore the City streets or other City property as required by this section, and if, in the reasonable discretion of the City immediate action is required for the protection of public health and safety, the City may restore such City streets or other City property or remove the obstruction therefrom; provided, however, City actions do not interfere with company facilities. The company shall be responsible for the actual cost incurred by the City to restore such City streets or other City property or to remove any obstructions therefrom. In the course of its restoration of City streets or other City property under this section, the City shall not perform work on company facilities unless specifically authorized by the company in writing on a project-by-project basis and subject to the terms and conditions agreed to in such authorization.
(a) 
Relocation Obligation.
The company shall temporarily or permanently remove, relocate, change or alter the position of any company facility in City streets or in other City property at no cost or expense to the City whenever such removal, relocation, change or alteration is necessary for the completion of any public project. Any City-required removal, relocation, change or alteration of company facilities located in any company owned property or any private easement or public utility easement shall be at no cost to the company. For all relocations, the company and the City agree to cooperate on the location and relocation of the company facilities in the City streets or other City property in order to achieve relocation in the most efficient and cost-effective manner possible. Notwithstanding the foregoing, once the company has relocated any company facility at the City’s direction, if the City requests that the same company facility be relocated within two years after the date of the prior relocation, the subsequent relocation shall not be at the company’s expense.
(b) 
Private Projects.
The company shall not be responsible for the expenses of any relocation required by private projects, and the company has the right to require the payment of estimated relocation expenses from the affected private party before undertaking such relocation.
(c) 
Relocation Performance.
The relocations set forth in Section 6.8(a) of this franchise shall be completed within a reasonable time, not to exceed 120 days from the later of the date on which the City designee requests, in writing, that the relocation commence, or the date when the company is provided all supporting documentation. The company shall receive an extension of time to complete a relocation where the company’s performance was delayed due to force majeure or the failure of the City to provide adequate supporting documentation. The company has the burden of presenting evidence to reasonably demonstrate the basis for the delay. Upon written request of the company, the City may also grant the company reasonable extensions of time for good cause shown and the City shall not unreasonably withhold any such extension.
(d) 
City Revision of Supporting Documentation.
Any revision by the City of supporting documentation provided to the company that causes the company to substantially redesign and/or change its plans regarding facility relocation shall be deemed good cause for a reasonable extension of time to complete the relocation under the franchise.
(e) 
Completion.
Each such relocation shall be complete only when the company actually relocates the company facilities, restores the relocation site in accordance with Section 6.7 of this franchise or as otherwise agreed with the City, and removes from the site or properly abandons on site all unused facilities, equipment, material and other impediments.
(f) 
Scope of Obligation.
The relocation obligation set forth in this section shall only apply to company facilities located in City streets or other City property. The obligation shall not apply to company facilities located on property owned by the company in fee, or to company facilities located in privately owned easements or public utility easements.
(g) 
Underground Relocation.
Underground facilities shall be relocated underground. Above ground facilities shall be placed above ground unless the company is paid for the incremental amount by which the underground cost would exceed the above ground cost of relocation, or the City requests that such additional incremental cost be paid out of available funds under Article 11 of this franchise.
(h) 
Coordination.
(1) 
When requested in writing by the City designee or the company, representatives of the City and the company shall meet to share information regarding anticipated projects which will require relocation of company facilities in City streets or other City property. Such meetings shall be for the purpose of minimizing conflicts where possible and to facilitate coordination with any reasonable timetable established by the City for any public project.
(2) 
The City shall provide the company with two years’ advance notice of any planned street repaving. The company shall make reasonable best efforts to complete any necessary or anticipated repairs or upgrades to company facilities that are located underneath the streets within the two-year period if practicable.
(i) 
Proposed Alternatives or Modifications.
Upon receipt of written notice of a required relocation, the company may propose an alternative to or modification of the public project requiring the relocation in an effort to mitigate or avoid the impact of the required relocation of company facilities. The City shall in good faith review the proposed alternative or modification. The acceptance of the proposed alternative or modification shall be at the sole discretion of the City. In the event the City accepts the proposed alternative or modification, the company agrees to promptly compensate the City for all additional costs, expenses, or delay that the City reasonably determines resulted from the implementation of the proposed alternative.
If the territorial boundaries of the City are expanded during the term of this franchise, the company shall, to the extent permitted by law, extend service to residents in the expanded area at the earliest practicable time if the expanded area is within the company’s PUC-certificated service territory. Service to the expanded area shall be in accordance with the terms of the company’s PUC tariffs and this franchise, including the payment of franchise fees.
Upon receipt of the City’s authorization for billing and construction, the company shall extend company facilities to provide utility service to the City as a customer, without requiring the City to advance funds prior to construction. The City shall pay for the extension of company facilities once completed in accordance with the company’s extension policy on file with the PUC.
The company shall use its best efforts to incorporate, as soon as practicable, technological advances in its equipment and service within the City when such advances are technically and economically feasible and are safe and beneficial to the City and its residents.