HomeMy WebLinkAboutPacific Power/Pacificorp - BNSF Train Depot Underground Power Relocation(Aug26-2)
PACIFIC POWER, a division of PACIFICORP
CUSTOMER REQUESTED WORK AGREEMENT
Estimator name
Work Order #: 005703314
Cust. Acct. #:45536401339
This Customer Requested Work Agreement (this "Agreement "), dated December 19, 2012, 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 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 certificate 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
Attn: Robert J. Desgrosellier
129 N 2nd St
Yakima, Wa. 98901
Phone (509) 575 -6228
Cellular (Area code) Phone number
Fax (Area code) Phone number
Pacific Power
Mike Paulson
500 Keys Rd
Yakima, Wa. 98901
Phone (509) 575 -3158
Cellular (509) 952 -3101
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�lae�rovlslo'I15 -e pendix A General Terms and
Conditions are an integral pa is A eerpen.
CITY QE YArRIMA I / / / PACIFIC POWER. a division of PACIFICORP
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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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