HomeMy WebLinkAboutR-2024-207 Resolution authorizing a general services contract with Pacificorp, dba Pacific Power, and granting an underground right-of-way easement for utility purposes for the Aquatic Center at MLK Jr. Park RESOLUTION NO. R-2024-207
A RESOLUTION authorizing a general services contract with PacifiCorp, dba Pacific Power
("Pacific Power"), for delivery of power to the aquatic center at Martin
Luther King Jr. Park and authorizing an underground easement for utility
purposes.
WHEREAS, the City owns Martin Luther King Jr. Park located at 610 S. 9th Street, Yakima,
WA with parcel no. 191319-41451 ("Park");
WHEREAS, the City is constructing an aquatic center at the Park which requires the
delivery of power that is currently unavailable at the Park;
WHEREAS, Pacific Power is able and willing to provide the required delivery of power to
the aquatic center;
WHEREAS, as part of the delivery of power, it is necessary for Pacific Power to (a) install
certain equipment underground at the Park; and (b) have authority to service, replace and
otherwise maintain the equipment;
WHEREAS, Pacific Power requires an underground right of way easement at the Park in
order to install and maintain the required equipment; and
WHEREAS, the City Council has determined that approval of the attached General
Service Contract and Underground Right of Way Easement is in the best interests of the City of
Yakima and will promote the purposes of the Park, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized and directed to execute the attached (a) General
Services Contract with Pacific Power to allow for the delivery of power to the Park in accordance
with the terms therein; and (b) Underground Right of Way Easement in favor of Pacific Power.
ADOPTED BY THE CITY COUNCIL this 19th day of November, 2024.
/ Patricia Byer , Mayor
ATTEST: p KIM 1 s
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Rosalinda Ibarra, City Clerk 14,;sHINGc
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(WA Mar2023-NoRfnd) JAY BALL
Account#:45536401 048 006 C/C: 11531
Service ID#: Request#:7111671
Monthly Contract#:
GENERAL SERVICE CONTRACTM�0 I 1 �O I
(1000 KVA OR LESS)
between
PACIFIC POWER
and
YAKIMA AQUATIC CENTER
This General Service Contract("Contract"), dated July 19, 2024, is between PacifiCorp, doing
business as Pacific Power ("Company"), and YAKIMA AQUATIC CENTER ("Customer"), for
electric service for Customer's 610 S 9TH ST, YAKIMA , WA operation at or near CITY OF
YAKIMA, Washington.
The Company's filed tariffs (the "Electric Service Schedules" and the "Electric Service Rules")
and the rules of the Washington Utilities and Transportation Commission ("Commission"), as
they may be amended from time to time, regulate this Contract and are incorporated in this
Contract. In the event of any conflict between this Contract and the Electric Service Schedules
or the Electric Service Rules, such schedule and rules shall control. They are available for
review at Customer's request.
1. Delivery of Power. Company will provide 120/208 volt, three-phase electric service to
the Customer facilities.
2. Contract Demand. The specified Demand in kVA that Customer requires to meet its
load requirement and Company agrees to supply and have available for delivery to
Customer, shall be 170 kVA (diversified, based on Customer's submitted load prior to
the signing of this Contract). After 36 months of service the maximum demand
Company is obligated to have available for delivery shall not be greater than the lesser
of: the maximum recorded and billed demand in the previous 36 months, or, the above
given diversified demand, unless otherwise agreed in writing in accordance with the
terms of this Contract. Within fifteen (15) days of a written request for additional
demand, Company shall advise Customer in writing whether the additional power and
energy is or can be made available and the conditions on which it can be made
available.
3. Extension Costs. Company agrees to invest$0.00(the"Extension Allowance")to fund
a portion of the cost of the improvements (the "Improvements") as per tariff. Customer
agrees to pay Company the estimated construction costs in excess of the Extension
Allowance ("Customer Advance") in the amount of $0.00, of which the Customer has
paid $0.00 for engineering, design, or other advance payment for Company's facilities.
The balance due is $0.00.
4. Contract Minimum Billing. Customer agrees to pay a contract minimum billing (the
"Contract Minimum Billing")during the first sixty (60) months beginning from the date
the Company is ready to supply service. The Contract Minimum Billing shall be the
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greater of: (1) the Customer's monthly bill; or, (2) $389.38 (the monthly facilities
charge) plus eighty percent (80%) of the Customer's monthly bill. Billings will be
based on Rate Schedule No. and superseding schedules.
5. Effective. This Contract will expire unless Customer signs and returns an original of this
Contract along with any required payment to Company within ninety (90) days of the
Contract date shown on page 1 of this Contract.
6. Contract Minimum Billing Term. This Contract becomes binding when both the
Company and Customer have signed it and will remain in effect for five (5) years
following the date when the Company is ready to supply service (the "Term").
Following execution of Contract but prior to completion of installation of Company's
Improvements, Customer may terminate Contract by notifying Company of their intent
to not take service. If Customer is not ready to receive service from Company within
one-hundred fifty (150) days of the date Customer signs this Contract, then Company
may terminate this Contract. Upon Customer or Company termination of Contract,
Customer shall pay Company costs incurred for design, permitting, surveying,
cancelation orders, Improvements installed and other associated Contract costs.
Customer's Advance, if any, will be applied to costs incurred, and Customer will
promptly pay Company any costs in excess of the Advance upon receipt of notice. If
the Advance exceeds the costs incurred, Company will promptly refund the portion of
the Advance in excess of costs incurred.
However, if Company has completed installation of Improvements and does not
terminate Contract, Customer shall be responsible for paying the Contract Minimum
Billing for the full Term irrespective of Customer taking, not taking, or terminating
service.
7. Customer Obligations. Customer agrees to:
a) Provide legal rights-of-way to Company, at no cost to the Company, using
Company's standard forms. This includes rights-of-way on Customer's property
and/or third party property and any permits, fees, etc. required to cross public
lands;
b) Prepare the route to Company's specifications;
c) Install all Customer provided trench, conduit, equipment foundations, or
excavations for equipment foundations within the legal rights-of-ways;
d) Repair, or pay for the repair of, any damage to Company's facilities except
damage caused by the negligence of Company; and,
e) Comply with all of Company's tariffs, procedures, specifications and requirements.
8. Special Provisions: None
9. Underground Facilities. If service is provided by an underground line extension,
Customer will provide, or Company will provide at Customer's expense: all trenching
and backfilling, imported backfill material, conduit and duct, and furnish and install all
equipment foundations, as designed by the Company. Company may abandon in place
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any underground cables installed under this Contract that are no longer useful to
Company.
Customer warrants that all Customer provided trench and excavations for equipment
foundations, and Customer installed conduit and equipment foundations are installed
within legal rights-of-way, and conform to the specifications in the Company's Electric
Service Requirements Manual, and other specifications as otherwise provided by the
Company. In the event Customer fails to comply with the foregoing, Customer shall be
liable for the cost to the Company for relocating the facilities within a legal right-of-way,
acquiring right-of-way for the Company facilities, repair or replacement of improperly
installed conduit or foundations, and paying costs for damages that may arise to any
third party as a result of the Company facilities being located outside of a legal right-of-
way. The provisions of this paragraph 9 shall survive the termination of this agreement.
10. Design, Construction, Ownership and Operation. The Company shall design,
construct, install, and operate the Improvements in accordance with the Company's
standards. The Company will own the Improvements, together with the Company's
existing electric utility facilities that serve or will serve Customer. Construction of the
Improvements shall not begin until(1) both the Company and Customer have executed
(signed) this Contract, and (2) all other requirements prior to construction have been
fulfilled, such as permits, payments received, inspection, etc. Any delays by the
Customer concerning site preparation and right-of-way acquisition or trenching,
inspection, permits, etc. may correspondingly delay completion of the Improvements.
The Company warrants that its work in constructing and maintaining the Improvements
shall be consistent with prudent utility practices. THE COMPANY DISCLAIMS ALL
OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO
THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR
PURPOSE, AND SIMILAR WARRANTIES. The Company's liability for breach of
warranty, defects in the Improvements, or installation of the Improvements shall be
limited to repair or replacement of any non-operating or defective portion of the
Improvements or the Company's other electric utility facilities. Under no circumstances
shall the Company be liable for other economic losses, including but not limited to
consequential damages. The Company shall not be subject to any liability or damages
for inability to provide service to the extent that such failure shall be due to causes
beyond the reasonable control of the Company
No other party, including Customer, shall have the right to operate or maintain the
Company's electric utility facilities or the Improvements. Customer shall not have
physical access to the Company's electric utility facilities or the Improvements and shall
engage in no activities on or related to the Company's electric utility facilities or the
Improvements.
11. Payments. All bills shall be paid by the date specified on the bill, and late charges shall
be imposed upon any delinquent amounts. Company reserves the right to require
customer payments be sent by wire or ACH with remittance detail. If Customer disputes
any portion of Customer's bill, Customer shall pay the total bill and shall designate the
disputed portion. Company shall decide the dispute within sixty (60) days after
Customer's notice of dispute. Any refund Company determines Customer is due shall
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bear interest at the rate then specified by the Commission or, if no rate is specified, the
then effective prime rate as quoted in The Wall Street Journal.
The Company may request deposits from Customer to the extent permitted under the
applicable Electric Service Rules and the applicable Electric Service Schedule. In the
event of a default by Customer in any of its obligations, the Company may exercise any
or all of its rights and remedies with respect to any such deposits.
12. Furnishing Information and Deposits. Customer represents that all information it has
furnished or shall furnish to Company in connection with this Contract shall be accurate
and complete in all material respects. Company will base its decision with respect to
credit, deposits, allowances or any other material matter on information furnished under
this section by Customer. Should such information be inaccurate or incomplete,
Company shall have the right to revoke or modify this Contract and/or its decision to
reflect the determination Company would have made had Company received accurate
and complete information. Company may request deposits, for the purpose of
guaranteeing payment of electric service bills, as permitted under the Company's
Washington Electric Service Rule No. 9.
13. Governing Law; Venue. All provisions of this Contract and the rights and obligations
of the parties hereto shall in all cases be governed by and construed in accordance with
the laws of the State of Washington applicable to contracts executed in and to be wholly
performed in Washington by persons domiciled in the State of Washington. Each party
hereto agrees that any suit, action or proceeding in connection with this Contract may
only be brought before the Commission, the Federal courts located within the State of
Washington, or state courts of the State of Washington, and each party hereby consents
to the exclusive jurisdiction of such forums (and of the appellate courts therefrom) in
any such suit, action or proceeding.
14. Assignment. The obligations under this Contract are obligations at all times of
Customer, and may not be assigned without the Company's consent except in
connection with a sale, assignment, lease or transfer of Customer's interest in
Customer's facility. Any such assignment also shall be subject to (i) such successor's
qualification as a customer under the Company's policies and the Electric Service
Rules, the applicable Electric Service Schedule, and (ii) such successor being bound
by this Contract and assuming the obligation of Customer from the date of assignment,
which may be evidenced by written agreement of such successor or other means
acceptable to the Company. The Company may condition this assignment by the
posting by the successor of a deposit as permitted under the applicable Electric Service
Rules and the applicable Electric Service Schedule.
15. Remedies; Waiver. Either party may exercise any or all of its rights and remedies
under this Contract, the applicable Electric Service Rules, the applicable Electric
Service Schedule and under any applicable laws, rules and regulations. No provision
of this Contract, the Electric Service Rules, or the applicable Electric Service Schedule
shall be deemed to have been waived unless such waiver is expressly stated in writing
and signed by the waiving party.
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16. Attorneys' Fees. If any suit or action arising out of or related to this Contract is brought
by any party, the prevailing party or parties shall be entitled to recover the costs and
fees (including, without limitation, reasonable attorneys' fees, the fees and costs of
experts and consultants, copying, courier and telecommunication costs, and deposition
costs and all other costs of discovery) incurred by such party or parties in such suit or
action, including, without limitation, any post-trial or appellate proceeding, or in the
collection or enforcement of any judgment or award entered or made in such suit or
action.
17. Waiver of Jury Trial. TO THE FULLEST EXTENT PERMITTED BY LAW, EACH OF
THE PARTIES HERETO WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY
IN RESPECT OF LITIGATION DIRECTLY OR INDIRECTLY ARISING OUT OF,
UNDER OR IN CONNECTION WITH THIS AGREEMENT. EACH PARTY FURTHER
WAIVES ANY RIGHT TO CONSOLIDATE ANY ACTION IN WHICH A JURY TRIAL
HAS BEEN WAIVED WITH ANY OTHER ACTION IN WHICH A JURY TRIAL
CANNOT BE OR HAS NOT BEEN WAIVED.
18. Entire Agreement. This Contract contains the entire agreement of the parties with
respect to the subject matter, and replaces and supersedes in their entirety all prior
agreements between the parties related to the same subject matter. This Contract
may be modified only by a subsequent written amendment or agreement
executed by both parties.
YAKIM A C CENTER PACIF P ER
signature
signature
tlfeh,rict, Fi?'Cx -,- (i r � SHANE SISSON MANAGER
NAME (type or print legibly) TITL NAME t(ype or print legibly) TITLE
UV' 2 /l/ZG/z/
DATE DATE
CITY CONTRACT NO:
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RESOLUTION NO: v>,� - ~
043-1
Customer's Mailing Address for Executed Pacific Power's Mailing Address for
Contract Executed Contract
*Ai IA' I 1 k 11 G�'1 500 N KEYS
ATTENTION OF ADDRESS
235 t 91.9(-1--U '( e I c a r YAKIMA WA
ADDRE S CITY,STATE,ZIP
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I SHANE.SISSONPACIFICORP.COM
CI ,STATE,zip EMAIL ADDRESS
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EMAIL ADDRESS
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Return to: Pacific Power
500 N Keys Rd.
Yakima, Washington 98901
CC#: 11531 WO#: 07111671
UNDERGROUND RIGHT OF WAY EASEMENT
For value received, City of Yakima, Washington ("Grantor"), hereby grants to PacifiCorp, an
Oregon corporation, its successors and assigns("Grantee"), a perpetual easement for a right of way 10 feet
in width and 75 feet in length, more or less, for the construction, reconstruction, operation, maintenance,
repair, replacement, enlargement, and removal of Grantee's underground electric distribution and
communication lines and all necessary or desirable accessories and appurtenances thereto, including
without limitation: wires,fibers,cables and other conductors and conduits therefor;and pads,transformers,
switches, cabinets,vaults on,across,or under the surface of the real property of Grantor in Yakima County,
State of Washington , as more particularly described as follows and/or shown on Exhibit(s) A attached
hereto and by this reference made a part hereof:
A portion of: SE 'A of section 19, Township 13N Range 19E of the Willamette Meridian
Block 177 Home Addition and New Home Addition to the City of Yakima
Assessor's Map No.: 191319-41451 Parcel No.: 19131941451
Together with the right of ingress and egress for Grantee, its contractors,or agents,to the right
of way from adjacent lands of Grantor for all activities in connection with the purposes for which this
easement has been granted;and together with the present and(without payment therefor)the future right to
keep the right of way clear of all brush, trees, timber, structures, buildings and other hazards which might
endanger Grantee's facilities or impede Grantee's activities.
At no time shall Grantor conduct or permit any ground penetrating activity or excavation in the
right of way without the express written consent of the Grantee. Subject to the foregoing limitations, the
right of way may be used for other purposes not inconsistent, as determined by the Grantee, with the
purposes for which this easement has been granted.
JURY WAIVER. TO THE FULLEST EXTENT PERMITTED BY LAW,EACH OF THE
PARTIES HERETO WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN
RESPECT OF LITIGATION DIRECTLY OR INDIRECTLY ARISING OUT OF, UNDER OR
IN CONNECTION WITH THIS EASEMENT. EACH PARTY FURTHER WAIVES ANY
RIGHT TO CONSOLIDATE, OR TO REQUEST THE CONSOLIDATION OF, ANY ACTION
IN WHICH A JURY TRIAL HAS BEEN WAIVED WITH ANY OTHER ACTION IN WHICH
Rev.9/26/2018
A JURY TRIAL CANNOT BE OR HAS NOT BEEN WAIVED. THIS PARAGRAPH WILL
SURVIVE THE EXPIRATION OR TERMINATION OF THIS AGREEMENT.
Grantor represents and warrants that it possesses all right, title and interest in and to the right
of way area, free and clear of any lien, security interest, encumbrance, claim, license or other restriction
that would interfere with Grantee's use of the right of way area for the purposes contemplated hereunder.
The rights and obligations of the parties hereto shall be binding upon and shall benefit their
respective heirs, successors and assigns and shall run with the land.
nth
Dated this 1.3 day of N OVLY>'Ib Y , 20 o1 F
CITY CONTRACT N0. -C ^7^{)
RESOLUTION N0 vP-,--ar//
GRANTOR 1
GRANTOR
REPRESENTATIVE ACKNOWLEDGEMENT
State of W A Vc ,^�l/ "/ir 1 SS.
County of G`XG/1 � J
This instrument was acknowledged before me on thisa0 day of PM) , 2OD11
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by V I Cam` )Y iO & e4 , as U r ,
Name of Representative Title of Represe ('ive
am of Entity on b f of whom this instrument was executed
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:v� NOTARy �N•• = My commission expires: a t
NO.107265 i
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Rev.9/26/2018
PROPERTY DESCRIPTION A
In the SE '/o of Section 19,Township 13N,Range 19E
of the Willamette Meridian, Yakima County, State of Washington.
Map/Tax Lot or Assessor's Parcel No.: 191319-41451 I
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Pacific Power - 410 415�
Underground Easement •
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S41421 1 4\4%).r ' �.,. .... .....-, -.
2`,A , (PA ‘ a a1A ..' I' 44479 !
C.2�9 'A .: 1
425 C-A 44518 - - ' mean , .
SE corner of SE 1/4 of it
Section 19
CC#:11531 WO#:07111671 This drawing should be used only as a representation of the
location of the easement area. The exact location of all
Landowner: City of Yakima
structures, lines and appurtenances is subject to change within
Drawn by: Jay Ball the boundaries of the described easement area.
EXHIBIT A PACIFIC POWER
A DIVISION OF PACIFICORP
PROPERTY DESCRIPTION
"A Portion of"
All of Block 177 of Home Addition and New Home Addition to the City of Yakima,
Formerly North Yakima.
CC#: 11531 WO#: 7111671 EXHIBIT B PACIFIC POWER
Grantor Name: City Of Yakima A p1V1SION Of PACIOCOPP
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 7.J.
For Meeting of: November 19, 2024
ITEM TITLE: Resolution authorizing a general services contract with Pacificorp, dba
Pacific Power, and granting an underground right-of-way easement
for utility purposes for the Aquatic Center at MLK Jr. Park
SUBMITTED BY: Scott Schafer, Public Works Director
*Ken Wilkinson, Parks & Recreation Manager
Josh Busey, Assistant City Attorney II
SUMMARY EXPLANATION:
As part of the Aquatic Center at MLK Jr. Park project a general services contract with Pacific Power is
required for providing the electrical service for the Aquatic Center at MLK Jr. Park. And an underground
Right of Way Easement needs to be granted to Pacific Power.
ITEM BUDGETED: Yes
STRATEGIC PRIORITY 24-25: A Thriving Yakima
RECOMMENDATION: Adopt Resolution.
ATTACHMENTS:
Resolution -PP - ROW Easement and Contract for Services.docx
General Services Contract- Pacific Power-Aquatic Center- 10.28.2024.pdf
Underground_ROW_Easement_-_Pacifc_Power
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