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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 `4i GAG 7 i`)/�)/c) . 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 )15 !t Td/ 45,"„, 3 :a� coe.,I• S4 4roA 20, T. +Jr.+ R. 'ri., 33450 29' 33451 30 33452 . 32 31 3.14 ,J — .ilx- 33484 63 2 ; « co 33444 I 1 65 60 X67; ce16 3a 35 36 371 3 i 33453 33454 j v F!RESTAT/ON 33016 071 33003 0 30 0.49 33002 2;446 i 7383461 2N7 2 CJ Poo... pok 1 - vo..., y * .,,a,. a- Ce.,4 d .,..v. 12.5-,r' 22403 0.28 T N 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 1 1 11 1 11 11 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 1 1 11 1 III 11 11 I I 1 l I 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 33450 29 s2 i i 01 /o' ,.-�✓__t.4,rr•ti+wf TO! A tutor 20 M /0 01 Ai ,$ W c." -"e SC0144.1 14i1 220, T, U N.) R. /dr., d.4'44 33452 31\'. - 33 � 34 35 —3-6-7--37 A ! g i A 683 X6X M6 1n s f 33453 33454 m i FIRES TA77ON 33016 071 33003 030 33002 0.49 I 3 r) 4tig 7 2 (l K O - Pow*, ps/c - otiw - O c�l�eaal po .v. w+tee. �2...f.K>' 0.28 0 30 T N 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