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.
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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
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