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HomeMy WebLinkAboutPacific Power - General Service Contract PACIFIC POWER ** Construction Notification ** Yakima Operations Center 500 N Keys Rd. -Yakima,Wa 98901 `O Monday, September 23, 2013 �G ,\ �Q ti6 1��3 \NG Request#: 005510912 Se 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# "005510912". 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 fmal 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 fmal 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 Nov2009) Tracy Coleman Service ID#:276759187 Contract#: C/C: 11531 Request#:005510912 GENERAL SERVICE CONTRACT (1000 KW OR LESS) between PACIFIC POWER and CITY OF YAKIMA This Contract, dated March 16, 2012, is between PacifiCorp, doing business as Pacific Power ("Company"), and City Of Yakima ("Customer"), for electric service for Customer's Waste Water Treatment Plant operation at or near 2220 E Viola Ave, Yakima, Washington. The Company's filed tariffs (the "Electric Service Schedules" and the"Electric Service Rules")and the rules of the Washington Utilities and Transportation Commission, as they may be amended from time to time, regulate this Contract and are incorporated in this Contract. In the event of any conflict between this Contract and the Electric Service Schedules or the Electric Service Rules, such schedule and rules shall control. They are available for review at Customer's request. 1. Delivery of Power. Company will provide 277/480 volt, Three-phase electric service to the Customer facilities. 2. Contract Demand. The specified Demand in kW that Customer requires to meet its load requirement and Company agrees to supply and have available for delivery to Customer, shall be 5 kW (diversified, based on Customer's submitted load prior to the signing of this Agreement) unless otherwise agreed in writing in accordance with the terms of this Agreement. Within fifteen (15) days of the written request for additional demand, Company shall advise Customer in writing whether the additional power and energy is or can be made available and the conditions on which it can be made available. 3. Extension Costs. Company agrees to invest $25,654.00 (the"Extension Allowance")to fund a portion of the cost of the improvements (the "Improvements") as per tariff. Customer agrees to pay the estimated construction costs in excess of the Extension Allowance ("Customer Paid Costs"), in accordance with the Customer selected option below. (Customer must initial selected option on the blank space at the beginning of the option and pay the advance given in that option.) N/A Refund Option. The Customer Paid Costs are $0.00, and Customer remains eligible for$0.00 in refunds. Company will refund part of the Customer Paid Costs if additional customers connect to the Improvements within sixty (60) months of the date the Company is ready to supply service. Company will refund 25% of the refundable Customer Paid Costs allocable to the shared Improvements for three additional applicants. The Company will try to inform Customer when a refund is due. However, in the event Company is unable to locate Customer or has not identified that a refund is due Customer is responsible for requesting a refund within 24 months of the additional applicant connecting to the Improvements. Contract Administration Credit Option. Customer chooses to receive a Contract Administration Credit of$0.00 and waives Customer's right to refunds should 1 additional applicants connect to the Improvements. Accordingly, Customer's net Customer Paid Portion is $0.00. 4. Contract Minimum Billing. Customer agrees to pay a Contract Minimum Billing during the first 60 months beginning from the date the Company is ready to supply service. The billing shall be the greater of: (1)the monthly schedule billing; or, (2) $428.42 plus eighty percent (80%)of the monthly schedule billing. Billings will be based on Rate Schedule No. 24 and superseding schedules. The Company will reduce the minimum charges by the amount of the facilities charges associated with refunds due from additional applicants connecting to the Improvements. 5. Term. This Contract becomes binding when both the Company and Customer have signed it, and will remain in effect for five (5)years following the date when the Company is ready to supply service. In the event Customer terminates service or defaults (which results in termination of service)within the first five (5) years of this Contract. Customer shall be responsible for paying the remaining Contract Minimum Billing for the remainder of the five year term. In the event Customer is not ready to receive service within 150 days of the contract date given on page 1, the Company may unilaterally terminate this Contract. If the Contract is terminated, Customer's advance will be applied to Company costs incurred, and the remainder refunded to Customer. Alternatively, if Company has installed Improvements so that Company is ready to supply service as far a practicable absent Customer being ready to receive service, the failure of Customer being ready to receive service may be treated as a Customer default, and Customer shall be responsible for paying the Contract Minimum Billing for the five-year term. 6. Effective. This Contract will expire unless Customer signs and returns an original of this Contract along with any required payment to Company within 90 days of the Contract date shown on page 1 of this Contract. 7. Customer Obligations. Customer agrees to: a) Provide legal rights-of-way to Company, at no cost to the 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, and b) Prepare the route to Company's specifications, and c) Comply with all of Company's tariffs, procedures, specifications and requirements. 8. Special Provisions: None. 9. Underground Facilities. If service is provided by an underground line extension, Customer will provide, or Company will provide at Customer's expense: all trenching and backfilling, imported backfill material, conduit and duct, and furnish and install all equipment foundations, as designed by the Company. Company may abandon in place any underground cables installed under this Contract that are no longer useful to Company. 10. Design, Construction, Ownership and Operation. The Company shall design, construct, install, and operate the Improvements in accordance with the Company's 2 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 any action arising out of its activities relating to the Improvements or the Company's electric utility facilities 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 either the Company or Customer. 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. 11. Payments. All bills shall be paid by the date specified on the bill, and late charges shall be imposed upon any delinquent amounts. Company reserves the right to require customer payments be sent by EDI or wire transfer. If Customer disputes any portion of Customer's bill, Customer shall pay the total bill and shall designate the disputed portion. Company shall decide the dispute within sixty(60) days after Customer's notice of dispute. Any refund Company determines Customer is due shall bear interest at the rate then specified by the Commission or, if no rate is specified, the then effective prime rate as established by the Morgan Guaranty Trust Bank of New York. The Company may request deposits from Customer to the extent permitted under the applicable Electric Service Rules and the applicable Electric Service Schedule. In the event of a default by Customer in any of its obligations, the Company may exercise any or all of its rights and remedies with respect to any such deposits. 12. 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 Agreement. 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. 13. Governing Law; Venue. All provisions of this Contract and the rights and obligations of the parties hereto shall in ail cases be governed by and construed in accordance with the 3 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 Washington Utilities and Transportation 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. 14. 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. 15. 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. 16. 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. 17. 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. 18. 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. 4 CITY OF YAKIMA P ';..IP A n ByC-InaQi ( By .. ebb' P �c'((/ 1 . 1 t ( la--) Mike Pauls'' Manager NAME (type or print legibly) `TITLE NAM • 'gibly) TITLE Tax ID# dIllv Social Security#If no TAX ID# DAT r',' / C I ( DATE Customer's Mailing Address for Executed Pacific Power's Mailing Address for Contract: Attn: h•lefe-Liorden, WWTP Executed Contract P'q' s:�:4-ti 2220 E Viola Avenue 500 N. Keys Road ADDRESS ADDRESS Yakima, WA 98901 Yakima,WA 98902 CITY,STATE,ZIP CITY,STATE,ZIP CITY CONTRACT NO:20�I 3 2 9 el RESOLUTION NO: ' 1/CA 5 CITY OF YAKIMA, WASHINGTON UASB AND ELECTRICAL IMPROVEMENTS OPINION OF PROBABLE COSTB (Rev April 6,2012;4pm MST) Items A Units Quantity Unit Cost Item Value Site Work Paving sy 3,000 $20 $60,000 Yard Pipe If 1,700 $35 $59,500 Hot Water Pipe with Insulation,buried If 1,200 $85 $102,000 Gas Pipe,HDPE buried If 350 $60 $21,000 Manholes ea 7 $4,000 $28,000 Centrate Pipe If 150 $40 $6,000 Sludge Pipe If 250 $40 $10,000 Water Pipe If 150 $40 $6,000 Potable Water Pipe If 150 $40 $6,000 Digester Gas Piping If 500 $50 $25,000 Drain Pipe If 200 $40 $8,000 Raw IW Pump Station Excavation and Backfill cy 133 $12 $1,600 Gravel Surfacing cy 119 $30 $3,556 Pipeline If 300 $50 $15,000 Manhole ea 2 $4,000 $8,000 Flume ea 1 $5,000 $5,000 Concrete,Slab cy 10 $400 $4,000 Concrete,walls cy 38 $600 $23,000 Concrete,grout cy 10 $450 $4,500 Grating sf 180 $30 $5,400 Mechanical Screen ea 1 $80,000 $80,000 Pumps ea 2 $9,000 $18,000 Davit crane ea 1 $15,000 $15,000 Control Panel ea 1 $25,000 $25,000 Electrical Gear Is 1 $60,000 $60,000 • UASB Building Excavation cy 600 $6 $3,600 Backfill cy 300 $8 $2,400 Foundation concrete cy 71 $250 $17,778 Slab,concrete cy 119 $300 $35,556 Service Vault cy 104 $500 $51,852 Steel Building sf 3,200 $125 $400,000 Grating sf 300 $25 $7,500 Utilidor Cover cy 11 $800 $8,889 Spiral Heat Exchangers ea 2 $60,000 $120,000 Install % 120,000 25% $30,000 Shell and Tube Heat Exchangers ea 2 $25,000 $50,000 % 50,000 25% $12,500 Self Priming Pumps ea 5 $12,000 $60,000 % 60,000 25% $15,000 PD Pumps ea 2 $20,000 $40,000 % 40,000 25% $10,000 Chem Feed Pumps ea 3 $5,000 $15,000 % 15,000 25% $3,750 Supersack Feeder System ea 1 $25,000 $25,000 % 25,000 25% $6,250 Mag Hydroxide Tank and Mixer ea 1 $45,000 $45,000 45,000 25% $11,250 Hot Water Pumps ea 2 $8,000 $16,000 Yakima 2012 Page 1 of 3 4/6/2012 CITY OF YAKIMA, WASHINGTON UASB AND ELECTRICAL IMPROVEMENTS OPINION OF PROBABLE COSTB (Rev April 6,2012;4pm MST) Items A Units Quantity Unit Cost Item Value % 16,000 25% $4,000 Heating Loop Valve Systems ea 2 $15,000 $30,000 Steel Pipe,with insulation If 150 $75 $11,250 Stainless Pipe,304,thin walled If 1,000 $100 $100,000 Small diameter pipe If 1,000 $40 $40,000 Hose bibbs ea 10 $250 $2,500 Hot water heater ea 1 $3,000 $3,000 Drench shower and mixing valve ea 1 $2,500 $2,500 Compressor,other building Is 1 $45,000 $45,000 Electrical Is 1 $375,000 $375,000 • UASB Tank and System Excavation cy 8,333 $4 $33,333 Backfill cy 3,333 $8 $26,667 Concrete,Slab cy 383 $400 $153,333 Concrete,long walls cy 519 $500 $259,259 Concrete,short walls cy 844 $600 $506,667 Concrete,elevated slabs cy 127 $800 $101,333 Concrete coatings sf 26,400 $5 $132,000 Insulation and metal skin sf 10,250 $6 $61,500 Railings If 410 $50 $20,500 Stairs ea 1 $15,000 $15,000 UASB Equipment,Install ea 1 $100,000 $100,000 Reactor Piping Is 1 $75,000 $75,000 Standpipe Is 1 $75,000 $75,000 Electrical Is 1 $50,000 $50,000 • Biofilter Excvation cy 74 $8 $593 Wall,concrete cy 16 $300 $4,667 Foul Air Pipng If 250 $50 $12,500 Materials cy 40 $40 $1,600 Distribution Piping If 100 $20 $2,000 Blower ea 1 $5,000 $5,000 Sensory Is 1 $2,500 $2,500 Water Is 1 $2,500 $2,500 Mixer Install Instruments ea 8 $2,500 $20,000 Diffuser Header Supports ea 544 $30 $16,320 Aeration Header Piping ea 8 $6,000 $48,000 Mixer Install ea 8 $4,000 $32,000 Canopy at Digester Complex Structural sf 672 $35 $23,520 Sludge Transfer Building HVAC Is 1 $25,000 $25,000 Windows ea 12 $1,500 $18,000 New Electric Gear Is 1 $75,000 $75,000 • Influent Building Demo Is 1 $5,000 $5,000 HVAC Is 1 $30,000 $30,000 Yakima 2012 Page 2 of 3 4/6/2012 CITY OF YAKIMA, WASHINGTON UASB AND ELECTRICAL IMPROVEMENTS OPINION OF PROBABLE COSTB (Rev April 6,2012;4pm MST) Items A Units Quantity Unit Cost Item Value New Electrical Room sf 160 $100 $16,000 New Electric Gear Is 1 $225,000 $225,000 • C2 Water Building Demo Is 1 $10,000 $10,000 New Pump ea 1 $25,000 $25,000 HVAC Is 1 $25,000 $25,000 Misc Mechanical Is 1 $15,000 $15,000 New Electric Gear Is 1 $225,000 $225,000 • Headworks HVAC Is 1 $2,500 $2,500 Electrical Is 1 $25,000 $25,000 North End Power Building Demolition Is 1 $75,000 $75,000 Concrete Slab,on slab cy 49 $400 $19,753 Concrete Interior Walls cy 62 $800 $49,778 Building sf 1,296 $200 $259,200 Generator Is 1 $350,000 $350,000 • Storage Tank,installed Is 1 $75,000 $75,000 • Switchgear Is 1 $900,000 $900,000 • Yard Electrical Is 1 $450,000 $550,000 • Subtotal,round to nearest$1,000 $6,982,000 Misc Electrical,Instrumentation,and Controls % 5 $350,000 Unaccounted Mechanical % 5 $349,100 UASB Equipment $1,400,000 Subtotal $9,082,000 Contractor Overhead and Profit % 15 $1,363,000 Subtotal-Construction Cost $10,445,000 Contingency % 10 $1,045,000 Opinion of Probable Construction Bid $11,490,000 Change Orders During Construction % 5 $575,000 Opinion of Probable Total Construction Cost $12,070,000 Summary of Total Burdened Areas UASB $6,638,000 North End Power Improvements $5,185,000 Miscellaneous $242,000 A. Unless otherwise indicated,equipment items show installed costs. B. The detailed design cost opinion can be considered accurate to plus 20%or minus 10%level and have been prepared for guidance in project decisions. The final project costs will vary from the numbers presented and will depend on several factors beyond the control of the Owner or Engineer that include contractor bidding strategies,competitive market conditions,and actual material costs and labor rates,and other factors. 1 °7 • (y, 5 Al ,) `", \ OQ Yakima 2012 Page 3 of 3 4/13/201 . Q,