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HomeMy WebLinkAboutPacific Power - Temporary Service Contract PACIFIC POWER ** Construction Notification ** Yakima Operations Center 500 N Keys Rd. -Yakima,Wa 98901 Tuesday, June 12, 2012 Request#: 005618396 Job Site: 2220 E VIOLA AVE YAKIMA, WA 98901 CITY OF YAKIMA 129 N 2ND ST YAKIMA, WA 98901 2637 We have received your contract for electrical service at 2220 E VIOLA AVE, YAKIMA ,work request# "005618396". 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*. Our records indicate that your Washington State Department of Labor and Industries electrical inspection ("Green or Amber Tag")has not yet been completed. We cannot energize our line until your electrical facilities has been approved by the State. The State L&I phone number is(509)454-3760 if you require further information regarding the inspection process. 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! *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. (WA Oct2011) C/C: 11531 Account#:45536401-067 Request#:005618396 Service ID#:276759187 Contract#: TEMPORARY SERVICE CONTRACT (1000 KW OR LESS) between PACIFIC POWER and CITY OF YAKIMA This Temporary Service Contract ("Contract"), dated December 19, 2011, is between PacifiCorp, doing business as Pacific Power ("Company"), and City Of Yakima ("Customer"), for Temporary electric service for Customer's WWTP operation at or near 2220 E. Viola Avenue, Yakima, Washington. Company's filed tariffs and the rules of the Washington Utilities and Transportation Commission ("Commission") regulate this Contract. They are available for review at Customer's request. 1. Term. This Contract becomes effective when both Customer and Company have signed it. It shall remain in effect until Customer request termination in writing or for sixty (60) months from the date that Company is ready to supply service. 2. Delivery of Power. Company will provide 277/480 volt, Three-phase electric service to the facilities. 3. Customer Obligations. Customer a • a) Pay Company an adv ce of$6,998.00; b) Provide legal rights-of-way mpany, at no cost to 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; c) Prepare the route to Company's specifications; d) Comply with all of Company's tariffs, procedures, specifications and requirements; and e) Pay a Contract Minimum Billing from the date Company is ready to supply service, as long as Customer take service under this Contract. The billing shall be the greater of: (1) the monthly schedule billing; or, (2) $46.89 plus eighty percent (80%) of the monthly schedule billing. Billings will be based on Rate Schedule No. 24 and superseding schedules. 4. Refunds. In the event that Customer takes service on a continuous basis for sixty (60) consecutive months from the date Company is ready to furnish service, Customer may be classified as permanent. Any payment made in excess of that required for permanent service shall be refunded to Customer. The Company will not refund facility charges. 5. Adjustment of Contract Minimum Billings. Company will adjust minimum charges established in this contract if additional customers connect to the new line. ENTERED RECE; 1 ,. Pay 22 2012 MAY 2 2 2012 Rh16niter _ 6. Underground Facilities. If service is provided by an underground line extension, Customer will provide, trenching and backfilling, imported backfill material, conduit and duct, and furnish and install all distribution transformer pads, as designed by the Company. Company may abandon in place any underground cables installed under this Contract that are no longer useful to Company. 7. Effective. This Contract will expire unless Customer signs and returns an original of this Contract along with any required payment to Company within ninety (90) days of the Contract date shown on page 1 of this Contract. 8. Special Provisions: Contractor will accept 277/480V three phase service as temp power. 9. Design, Construction, 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 WARRANTIES. The Company's liability for breach of warranty, defects in the Improvements, or installation of the Improvements 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, including 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 the Company. 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. 10. Furnishing 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 Contract. 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. 2 11. 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 Commission, the Federal courts located within the State of Washington, or state courts of the State of Washington, and each party hereby consents to the exclusive jurisdiction of such forums (and of the appellate courts therefrom) in any such suit, action or proceeding. 12. 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 Rules, the applicable Electric Service Schedule, and (ii) such successor being bound by this Contract and assuming 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 Rules and the applicable Electric Service Schedule. 13. Remedies; Waiver. Either party may exercise any or all of its rights and remedies under this Contract, the applicable Electric Service Rules, the applicable Electric Service Schedule and under any applicable laws, rules and regulations. No provision of this Contract, the Electric Service Rules, 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. 14. Attorneys' Fees. If any suit or action arising out of or related to this Contract is 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. 15. Waiver of Jury Trial. EACH PARTY HERETO HEREBY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS CONTRACT, THE ELECTRIC SERVICE SCHEDULE, THE ELECTRIC SERVICE RULES OR THE TRANSACTIONS CONTEMPLATED HEREBY OR THEREBY. 16. Entire Agreement. This Contract contains the entire agreement of the parties with respect to the subject matter, and replaces and supersedes in their entirety all prior agreements between the parties related to the same subject matter. This Contract may be modified only by a subsequent written amendment or agreement executed by both parties. 3 05/25/2012 15: 52 5095753159 YAKIMA DISPATCH PAGE 05 ram-------- CITY OF AK1MA PACT IC P WER By. ,..-. - ._ By signs ure si Wahl DfAiu P Sr, iTn-I u i1dj P-Jetf-i(46-1 - Mike Paulso, Manager NAME (type or print legibly) TITLE NAME (typ.o print legibly) TITLE 5/30/711,,2_, ; i / 1 _ _ DATE DATE / Customer's Mailing Address for Executed Pacific Power's Mailing Address for Contract Executed Contract Deea4 54, I-ti , UfIti- P,oe ffl4 r 500 N, Keys Road ATTENTION OF ADDRESS 2220 E Viola Ave Yakima, WA 98901 ADDRESS CITY,STATE,ZIP Yakima,WA 98901.9505 CITY,STATE,ZIP CITY CONTRACT NO:'vt 2)-- L LIJ RESOLUTION NO: trio• 4 1PACIFIC POWER P.O.Box 400 Portland,Oregon 97207-0400 1-866-870-3419 fax 1-800-842-8458 pacificpower.net April 29, 2013 CITY OF YAKIMA SEWAGE PLANT 129 N 2ND ST Contract#306316925 YAKIMA WA 98901-2637 Account#45536401 067 4 IIiIiiIiIIIiIIiIiiIIII'IIIIIIIuii"1111nniiIII'I'1IIInlnlllll Dear City Of Yakima: Thank you for installing the electric service at 2220 E Viola Avenue, Yakima, Washington. We are pleased to welcome you as our customer at this location. We have activated your contract as of December 11, 2012. The contract will be active for the term of 5 years and will remain in effect through December 12, 2017. The minimum monthly billing will be $46.89. This minimum amount may fluctuate as it is based on electricity usage at the location(s) associated with the contract. The contract minimum charges are the responsibility of the customer. When someone new takes responsibility for the electric service, the responsibility of the contract minimum billing may transfer to them. If at any time no one is responsible for the electric service or if the meter is disconnected or removed the contract minimum billing may become your responsibility again. Boost your profits using our free Business Solutions Toolkit. It provides industry-tuned efficiency recommendations, our real-time Ask an Expert service, energy calculators plus more. Find the Toolkit on our website. If you have questions, please call us Monday through Friday, 7:00 a.m. to 6:00 p.m., at our toll-free number, 1-866-870-3419. We have a special team of Business Solutions representatives ready to take your call. It's a pleasure to serve you. Sincerely, Pacific Power Para mas informaciOn, Ilame al 1-888-225-2611 para hablar con un representante en espanol. our true strength is our connection to you