HomeMy WebLinkAboutPacific Power - Work Agreement for Aquatics Center(Mar2018)
PACIFIC POWER, a division of PACIFICORP
CUSTOMER REQUESTED WORK AGREEMENT
Work Order #: 006522559
Oust. Acct. #:45536401 123
This Customer Requested Work Agreement (this "Agreement"), dated June 9, 2018 ("Agreement Date"), is between
Pacific Power, a division of PacifiCorp, ("Company") and CITY OF YAKIMA, ("Customer"), for work to be performed by
Company for Customer at or near 3800 River Rd, Yakima in Yakima County, State of Washington.
Description:
Relocation of facilities for accomodation of construction of aquatics center at location
The Customer will provide, all necessary trenching and backfilling, and will furnish and install all distribution
transformer pads, conduit and duct required by the Company. Company may abandon in place any underground cables
installed under this Contract that are no longer useful to Company.
Customer also agrees to:
a) Establish final grade for routing of circuits, placement of transformer pads, vaults, junction boxes and other
underground facilities as required by Company.
b) Install and maintain property lines and survey stakes; and,
c) Make no permanent surface improvements, except curb and gutters, before Company completes installation of its
facilities.
d) Provide legal rights-of-way to Company, at no cost to the Company, using Company's standard forms.
If any change in grade, or property lines, or any surface improvements require Company to change its facilities, or causes
additional cost to Company, Customer agrees to reimburse Company for such change or cost.
Third -Party Relocation Costs: This work does not include any third -party relocation costs. Customer shall be
solely responsible for obtaining cost estimates from any third -parties attached to the existing facilities, and Customer shall
be solely responsible for making all necessary arrangements to transfer third -party facilities to the replacement facilities,
or any alternative arrangements to accommodate all such third -parties.
Payment to Company: In consideration of the work to be performed by Company, Customer agrees to pay the
estimated costs of the work in advance, with the understanding that there will be no other charges or refunds for the above
specified work. Customer has previously paid for design, permitting or other work in the amount of $0.00. The total advance
for this work is $10,819.00, with a balance due of $10,819.00. Estimated cost is valid for 90 days from the Agreement
Date.
Requested Date of Service: " 05/08/2018
Any correspondence regarding this work shall be directed to the appropriate party as shown below:
City of Yakima
3800 River Rd
Yakima WA 98901
Phone ( )
Cellular ( )
Fax()
Pacific Power
Randy Swearingin
500 N Keys Rd
Yakima WA 98901
Phone (509) 575-3158
Cellular ( )
Fax()
This Agreement, upon execution by both Company and Customer, shall be a binding agreement for work performed
by Company to accommodate Customer at the Customer's expense. The provisions of Appendix A, General Terms and
Conditions, are an integral part of this Agreement.
CITY OF YAKIMA
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Appendix A
GENERAL TERMS AND CONDITIONS
LIABILITY AND INDEMNIFICATION
The Customer shall indemnify, defend and hold harmless the Company to this Agreement and
the Company's officers, directors, agents, employees, successors and assigns from any and all claims,
demands, suits, losses, costs, and damages of any nature whatsoever, including attorney's fees and
other costs of litigation brought or made against or incurred by the Company and resulting from, arising
out of, or in any way connected with any act, omission, fault or negligence of the Customer, its
employees or any officer, director, or employee or agent of the same and related to the subject matter of
this Agreement. The indemnity obligation shall include, but not be limited to, loss of or damage to
property, bodily or personal injury to, or the death of any person. The Customer's obligation under this
provision of the Agreement shall not extend to liability caused by the sole negligence of the Company.
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.
WORK COMPLETION
Company agrees to use commercially reasonable efforts to begin performance of the work on the date(s)
specified above. In those instances where by reason of unanticipated events or emergencies which cause
power outages or threaten the Company's ability to continuously provide electric service as it is required to
do by law or by contract, then the Company personnel assigned to perform the work may be withdrawn from
the work until such time as the unanticipated event or emergency is concluded. In the event that the
Company personnel are removed from the work in response to such an event or emergency, then the time
for completion of the work shall be extended by a period of time equal to that period from the time the
personnel are removed from the work until they are available to complete the work plus 48 hours.
It is expressly agreed that the Company and those persons employed by the Company in connection with
the work described herein are not employed by or employees of the Customer.
Company warrants that its work shall be consistent with prudent utility practices. COMPANY DISCLAIMS
ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE
WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, AND SIMILAR
WARRANTIES. Company's liability for any action arising out of its activities relating to this Agreement shall
be limited to repair or replacement of any non-operating or defective portion of the work. Under no
circumstances shall Company be liable for economic losses, costs or damages, including but not limited to
special, indirect, incidental, punitive, exemplary or consequential damages.
The Customer may, at reasonable times and by written agreement with the Company, request additional
work within the general scope of the work as described in this Agreement or request the omission of or
variation in the work, provided, however, that the Customer and Company agree to increase or decrease the
amount the Customer is to pay the Company and such changes in scope are reasonably acceptable to the
Company. Any such change to the scope of the work and the associated adjustment of costs shall be in
writing and shall be submitted when obtained as an addendum to this agreement after being signed by both
parties.
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GENERAL
PAYMENTS: All bills or amounts due hereunder shall be payable to Company as set forth herein or on
the 25th day following the postmarked date of the invoice is not otherwise specified. In the event that all or
a portion of Customer's bill is disputed by Customer, Customer shall pay the total bill and shall designate that
portion disputed. If it is later determined that Customer is entitled to a refund of all or any portion of the
disputed amount, Company shall refund that portion of the amount of which Customer is found to be entitled.
All billing statements shall show the amount due for the work performed.
COLLECTION: Customer shall pay all costs of collection, including court costs and reasonable attorney's
fees upon default of customer, in addition to interest at a rate of 1.5 percent per month on any amounts not
paid within thirty (30) day of invoice.
ASSIGNMENT: Customer shall not assign this Agreement to any successor without the written consent
of Company, which consent shall not be unreasonably withheld. If properly assigned, this Agreement shall
inure to the benefit of and be binding upon the successors and assigns of the party making the assignment.
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