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HomeMy WebLinkAboutPacific Power, Pacificorp - BNSF Train Depot/Front Street Work Agreement(Aug2012) PACIFIC POWER, a division of PACIFICORP CUSTOMER REQUESTED WORK AGREEMENT Estimator name Work Order #: 005703314 Cust. Acct. #:45536401 -339 This Customer Requested Work Agreement (this "Agreement"), dated December 19, 2012, is between Pacific Power, a division of PacifiCorp, ('j Company ") and CITY OF YAKIMA, ( "Customer "), for work to be performed by Company for Customer at or near BNSF Train Depot /Front Street in Yakima County, State of Washington. Description: Relocation of underground power to serve BNSF Train Depot Excluding BNSF property,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. Pacific Power will provide all material and labor for work directly on BNSF property. All material provided will be compliant with the "Buy America" regulations. (See attached certifcate from Trinetics, manufacturer of mild steel 3 -ph sectionalizing cabinet to be installed on BNSF property). Total cost of relocating the underground power line serving the BNSF Depot: $22,840.00 Credit for Civil Work to be completed by City of Yakima contractor in Public Right -of -Way on behalf of Pacific Power: $14,161 (595' of trenching at $23.80 per foot) Total reimbursable portion: $8,679.00 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 $8,679.00, in advance, with the understanding that there will be no other charges or refunds for the above specified work. Estimated cost is valid for 90 days from the agreement date. Requested Date of Service: February 1, 2013 Any correspondence regarding this work shall be directed to the appropriate party as shown below: City of Yakima Pacific Power Attn: Robert J. Desgrosellier Mike Paulson 129 N 2nd St 500 Keys Rd Yakima, Wa. 98901 Yakima, Wa. 98901 Phone (509) 575 -6228 Phone (509) 575 -3158 Cellular (Area code) Phone number Cellular (509) 952 -3101 Fax (Area code) Phone number Fax (509) 575 -3119 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 Islons o ix A General Terms and Conditions are an integral pa of this eemeyt,, CITY OF IMA By C G" g Title CAM 1 Print name o igr !/ 7. CITY CONTRAC r No:.;w RESOLUTION No 1 of 3 i� 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. 2 of 3 GENERAL PAYMENTS: AlFbills 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 Custom'er'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.. 3 of 3 j PACIFIC .POWER Yakima Operations Center 500 N Keys Rd. Yakima, Wa 98901 Monday, March 18, 2013 CITY OF YAKIMA 129 N 2ND ST YAKIMA, WA 98901 2637 ** Construction Notification ** Request #: 005703314 Job Site: SW CORNER FRONT & MLK YAKIMA, WA 98901 We have received your contract for electrical service at SW CORNER FRONT & MLK, YAKIMA , work request# "005703,314 ". Please find enclosed a copy of the signed contract for your records. We anticipate that you will be ready{; for electrical service within the next 150 days as per the terms of the contract. Your request has been assigned to our local Site Agent, Russ Ryan. Russ can be reached by calling (509) 575- 3156. Russ is responsible for our crew schedule and will make sure that any other job requirements that may be pending on your request have been completed prior to scheduling. Russ will also conduct a final site inspection to make sure everything is ready for our line crews to begin construction. We will notify you if any corrections need to be made to your facilities prior to your scheduled start date* Please call our Builder's Hotline at 1 -(800) 469 -3981 if you need to schedule a trench inspection, notify us of your state electrical inspection, or have any questions regarding the status of your request. We look forward to having you as a Pacific Power Customer! .1 * Typically two to three weeks from the final site inspection. While we will make every reasonable effort to complete your request by the proposed schedule date, please keep in mind that widespread storm damage and other circumstances beyond our control may make it impossible for us to maintain our schedule. We will contact you again if re- scheduling is necessary.