HomeMy WebLinkAboutR-2006-144 PacifiCorp ContractA RESOLUTION
RESOLUTION NO. R-2006- 144
authorizing the City Manager to execute a general service contract with
PacifiCorp requiring PacifiCorp to upgrade its equipment to provide more
electrical power to Fire Station 92.
WHEREAS, the City of Yakima is in the process of renovating Fire Station 92; and
WHEREAS, the renovation calls for a greater use of electrical power; and
WHEREAS, PacifiCorp supplies power to Fire Station 92 and is willing to upgrade its
equipment to supply the additional power in accordance with the terms and conditions of the
attached general services contract; and
WHEREAS, the City Council has determined that it is in the best interests of the City to
enter into the attached contract with PacifiCorp, 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 and
incorporated "Pacific Power and Light Company General Services Contract" regarding the
provision of more electrical power to Fire Station 92.
ADOPTED BY THE CITY COUNCIL this 3 d- of October, 20
David Edler, Mayor
(WA 12/05)
Service ID *061174321
C/C: 11531
PACIFIC POWER & LIGHT COMPANY
GENERAL SERVICE CONTRACT
(1000 KW OR LESS)
Jia Marquez
Contract #:
Request If 2789133
This Contract, dated August 25, 2006, is between PACIFICORP, dba Pacific Power & Light
Company (the "Company") and City of Yakima ("Customer") for electric service for Customer's
Fire Station operation at or near 7707 Tieton Dr, Washington.
The Company's filed tariffs (the "Electric Service Schedules") and the rules (the "Electric Service
Regulations") of the Washington Utilities and Transportation Commission, as they may be
amended from time to time, regulate this Contract and are incorporated in this Contract. M the
event of any conflict between this Contract and the Electric Service Schedules or the Electric
Service Regulations, such schedule and rules shall control. They are available for review at
Customer's request
1 Delivery of Power. Company will provide 120/240 volt, single-phase electric service to the
Customer facilities.
2. Contract Demand. The specified Demand in kW that Customer requires to meet its Mad
requirement and Company agrees to supply and have available for delivery to Customer,
which shall be 53 kW (diversified, based on Customer's submitted bad prior to the signing
of this Agreement) unless otherwise agreed in writing in accordance with the terms of this
Agreement. Within fifteen (15) days of the 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. The Company has agreed to fund a portion of the cost of the
improvements (theimprovements") related to the extension (the "Extension Allowance")
as per tariff, and Customer agrees to pay all construction costs in excess of the Extension
Allowance ("Customer Paid Costs"), in accordance with the selected option below. (Initial
selected option on the blank space at the beginning of the option and pay the advance
given in that option.)
NIA Refund Option. The Customer Paid Costs are $0.00 and Customer remains eligible
for $ 0.00 in refunds. Company will refund part of the Customer Paid Costs if
additional customers connect to the Improvements within sixty (60) months of the
date the Company is ready to supply service. Company will refund 25% of the
refundable Customer Paid Costs allocable to the shared Improvements for each of
the first three additional customers. The Company will try to inform Customer when
a refund is due; however, Customer is responsible for requesting a refund.
NIA Contract Administration Credit Option. Customer chooses to receive a Contract
Administration Credit of $250 and waives Customers' right to refunds should
additional customers connect to this Improvemerfi. Accordingly, Customer's
net Customer Paid Costs are $0.00.
1of5
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4. Contract Minimum Billing. Customer agrees to pay a Contract Minimum Billing during
the first 60 months beginning from the date the Company is ready to supply service. The
billing shall be the greater of: (1) the monthly schedule billing; or, (2) $35.09 plus eighty
percent (80%) of the monthly schedule billings. Billings will be based on Rate Schedule
No. 24 and superseding schedules. The Company will adjust the minimum charges if
additional customers connect to the Improvements
5. Term. This Contract becomes effective 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.
In the event Customer terminates service or defaults (which results in termination of
service) within the first five (5) years of this Contract, Customer shall be responsible for
paying the remaining Contract Minimum Billing for the remainder of the five-year term.
6. Payments. All bills shall be paid by the date specified on the bill, and late charges shall
be imposed upon any delinquent amounts. PacifiCorp reserves the right to require
customer payments be sent by EDi or wire transfer_ If Customer disputes any portion of
Customers bill, Customer shall pay the total bill and shall designate the disputed portion.
PacifiCorp shall decide the dispute within sixty (60) days after Customer's notice of
dispute. Any refund PacifiCorp determines Customer is due shall bear interest at the rate
then specified by the Commission or, W no rate is specified, the then effective prime rate as
established by the Morgan Guaranty Trust Bank of New York.
The Company may request deposits from Customer to the extent permitted under the
applicable Electric Service Regulations 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 alt of its rights and remedies with respect to any such deposits.
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 adjoining property and any permits, fees, etc. required to cross public lands,
and
b) Prepare the route to Company's specifications, and
c) Comply with all of Company's tariffs, procedures, specifications and requirements.
8. Effective. This Contract will expire unless you:
a) Sign and return an original of this Contract along with any required payment to
Company within 90 days of the Contract date shown on page 1 of the Contract, and
b) Are ready to receive service within 150 days of the above Contract date.
9. Special Provisions: Customer contract minimum billing buyout - $1,767.90
UT<1,000kWVersion 1
10. Fumishing Information. Upon the Company's request, Customer shall submit its year-
end financial statements to the Company. certified to be true and correct and in
accordance with GAAP (General Accepted Accounting Principles). Furthermore,
Customer shall submit additional information as the Company may reasonably request
from time to time in furtherance of the purposes of this Agreement. Such information shall
be deemed confidential. The Company will base its decision with respect to credit,
deposits or any other material matter on information furnished under this section by
Customer, and shall reserve its rights with respect to such decisions should such
information be inaccurate.
11. Design, Constriction, 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 WARRANTES. The Company's liability for any action arising out of its
activities relating to the Improvements or the Company's electric utility facilities 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, induding 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 either the Company or Customer.
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.
12. 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 Washington Utilities aid Transportation Commission, the Federal
courts located withal the State of Washington, or state courts of the State of Washington,
and each party hereby consents to the exdusive jurisdiction of such forums (and of the
appellate courts therefrom) in any such suit, action or proceeding.
UT<1,O00kW Version
13. 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 Regulations, the applicable Electric
Service Schedule, and (ii) until such successor is bound by this Contract and assume 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 Regulations and the applicable Electric Service
Schedule.
14. Remedies; Waiver. Either party may exercise any or all of its rights and remedies under
this Contract, the applicable Electric Service Regulations, the applicable Electric Service
Schedule and under any applicable laws, rules and regulations. No provision of this
Contract, the Electric Service Regulations, 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.
15. Attorneys' Fees. If any suit or action arising out of or related to this Contract 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.
16. Entire Agreement. This Contract contakrs the entire agreement of the parties with
respect to the subject matter, and replaces and supercedes in their entirety all prior
agreements between the parties related to the same subject matter. This Contract may
be modified only by a sabseguent written amendment or agreement executed by
both parties.
City of Yakima
BY
� Oi�� City Manager MO
OM *ffe
CITY CONTRAC f NO:s`oc-
Q&J
RESOLUTION NO: ' ` a6D& �VV
UT<1.000kWYasion 1
R & LIGHT COMPANY
Mailing Address for Executed Contract -
500 N Keys Rd
Address
Yakima. Wa 989Q1
City, State, Zip
Uf<1,000kWVersian 1
Return to: ParilCorp
500 N Keys Rd.
Yakima, WA 98901
CCB: 11531 WOO: 02800328
RIGHT OF WAY EASEMENT
For value received, City of Yakima, ("Grantor"), hereby grants to PacifiCorp, an Oregon
corporation, its successors and assigns, ("Grantee"), an easement for a right of way ten feet in width and
28 feet in length, more or less, for the construction, reconstruction, operation, maintenance, repair,
replacement, enlargement, and removal of electric power transmission, distribution and communication
lines and all necessary or desirable accessories and appurtenances thereto, including without limitation:
supporting towers, poles, props, guys and anchor, including guys and anchors outside of the right of way;
wires, fibers, cables and other conductors and conduits therefor, and pads, transformers, switches, vaults
and cabinets, along the general course now located by Grantee on, over or under the surface of the real
property of Grantor in Yakima County, State of Washington, more particularly described as follows and
as more particularly described and/or shown on Exhibit(s) "A" attached hereto and by this reference
made a part hereof
The Southeast Quarter (SE 1/4), of the Southwest Quarter (SW 1/4), of the Southwest Quarter
(SW 1/4), of Section 20, Township 13 North, Range 18 East, Willamette Meridian.
Parcel No. 181320-33016
Together with the right of access 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 and adjacent lands
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 place, use or permit any equipment, material or vegetation of any kind
that exceeds twelve (l2) feet in height, light any fires, place or store any flammable materials (other than
agricultural crops), on or within the boundaries of the right of way. Subject to the foregoing limitations,
the surface of the right of way may be used for agricultural crops and other purposes not inconsistent, as
determined by Grantee, with the purposes for which this easement has been granted.
The rights and obligations of the parties hereto shall be binding upon and shalt benefit their respective
heirs, successors and assigns.
DATED this \ day of. IX-4, 2006.
NameiTltle for City of Yakima
R. A. Zais, Jr., City Manager
REPRESENTATIVE ACKNOWLEDGEMENT
State of Washington
County of Yakima
This instrument was acknowledged before me on /171,04,0_461(4,1'2406 (date)
by /�. . i.St,T,e _ _--- (n sentative name) as, vv/141til/A-A-e'it (title)
for City of Yakima
: �% ....L ' Signature of Notarial officer)
A34 2410_ -- _(My commission expires: Date)
Property Description
Section 20, Township t3 N, Range 18 E, Willamette Meridian.
County: Yakima State: Washington
Parcel Number: 33016
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CC# 11531 WO# 02800328
Owner City of Yakima
Drawn by MARQUEZ
EXHIBIT A
This drawing should be used only as a representation of the
location of the easement being conveyed. The exact location
of all structures, lines and appurtenances is subject to change
within the boundaries of the described easement area.
PacifiCorp
SCALE NONE
Return to:
/29 ,./p
5/ Kiss -- u)R— 9g -9d/
CCB: 11531 W00: 02800328
RIGHT OF WAY EASEMENT
For value received, City of Yakima, ("Grantor"), hereby grants to PacifiCorp, an Oregon
corporation, its successors and assigns, ("Grantee"), an easement for a right of way ten feet in width and
20 feet in length, more or less, for the conduction, reconstruction, operation, maintenance, repair,
replacement, enlargement, and removal of electric power transmission, distribution and communication
lines and all necessary or desirable accessories and appurtenances thereto, including without limitation:
supporting towers, poles, props, guys and anchor, including guys and anchors outside of the right of way;
wires, fibers, cables and other conductors and conduits therefor, and pads, transformers, switches, vaults
and cabinets, along the general course now located by Grantee on, over or under the surface of the real
property of Grantor in Yakima County, State of Washington, more particularly described as follows and
as more particularly described and/or shown on Exhibit(s) "A" attached hereto and by this reference
made a part hereof:
The Southeast Quarter (SE 1/4), of the Southwest Quarter (SW 1/4), of the Southwest Quarter
(SW 1/4), of Section 20, Township 13 North, Range 18 East, Willamette Meridian.
Parcel No. 181320-33016
Together with the right of access 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 and adjacent Lands
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 place, use or permit any equipment, material or vegetation of any kind
that exceeds twelve (12) feet in height, light any fires, place or store any flammable materials (other than
agricultural crops), on or within the boundaries of the right of way. Subject to the foregoing limitations,
the surface of the right of way may be used for agricultural crops and other purposes not inconsistent, as
determined by Grantee, with the purposes for which this easement has been granted.
11
11
111
YAK CITY CLER
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11
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11111 II 7536496
Page: I of 3
11/15/2006 03:09P
AS 04,00 Yakima Co, WA
The rights and obligations of the parties hereto shall be binding upon and shall benefit their respective
heirs, successors and assigns.
DATED this \ day of . , 2006.
NameiT sle for City of Yakima
R. A. Zais, Jr., City Manager
REPRESENTATIVE ACKNOWLEDGEMENT
State of Washington
County of Yakima
This instrument was acknowledged before me on (..at X24 A' A,/ -24'4 (date)
by /%"IS,,,TR (representative name) as , z y r14y.gh-erk (title)
for City of Yakima
Signature of Notarial officer)
(My commission expires: Date)
11
11
111
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AK Mr/ f FP K FAS t14 AR
7536496
Page, 2 of 3
11/15/2006 03,09P
Yakima Co, WA
Property Description
Section 20, Township 13 N, Range 1$ E, V4rillamctte Meridian.
County: Yakima State: Washington
Parcel Nurnber: 33016
,,.,,,.,r�;
j 3348483
co ca co j a,
115 3345130 + 3348§
st 65
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CC# 11531 WO# 02800328
Owner City of Yakima
Drawn by' MARQUEZ
EXHIBIT A
This drawing should be used only as a representation of the
location of the easement being conveyed. The exact location
of all structures, lines and appurtenances is subject to change
within the boundaries of the described easement area.
PacifiCorp
SCALE NONE
11111111111111111111111111111111111111111111111ii11uu
7536496
Page: 3 of 3
YAK CITY CLERK 11/15/2006 03 09P
EAS 434 AR Yakima rn . I.IA
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. i if
For Meeting Of 10 /03 /06
ITEM TITLE: A. Consideration of a resolution authorizing the City Manager to execute a general
service contract with PacifiCorp requiring PacifiCorp to upgrade its equipment to
provide more electrical power to Fire Station 92.
B. Consideration of a resolution authorizing the City Manager to execute a right of
way easement to PacifiCorp permitting re -location of a power pole.
SUBMITTED BY: Yakima Fire Department, Dennis Mayo, Fire Chief
CONTACT PERSON/TELEPHONE: Steve Scott, Deputy Chief, 575-6165
SUMMARY EXPLANATION:
Attached for consideration are two resolutions relating to the renovation of Yakima Fire
Department Station 92. The first authorizes a general services contract with PacifiCorp
requiring PacifiCorp to upgrade its equipment and provide more electrical power to Fire
Station 92. In exchange, the City promises in Section 4 to pay a minimum billing amount for 5
years. The minimum billing amount will be the greater of (1) the monthly bill or (2) 80% of the
monthly bill + $35.09. PacifiCorp is not charging the City any other costs in association with
the upgrade. The second resolution authorizes execution of a right of way easement, giving
PacifiCorp the right to use part of City property in connection with the re -location of a power
pole, as illustrated in the map attached to the easement.
Resolution X Ordinance Contract X Other (Specify)
Funding Source N/A
APPROVED FOR SUBMITTAL: 7�L'2�-Gr�fiL�
City Manager
STAFF RECOMMENDATION: Adopt the resolutions.
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R-2006-144