HomeMy WebLinkAboutPacific Power - General Service Contract(WA Jan2020- NoRfnd)
Account #:45536401 001 C/C: 11531
Service ID #:592843453 002 Request #: 8235234
Monthly Contract #:
GENERAL SERVICE CONTRACT
(1000 KVA OR LESS)
between
PACIFIC POWER
and
CITY OF YAKIMA
'4319 t 1 (
This General Service Contract ("Contract"), dated July 5, 2022, is between PacifiCorp, doing
business as Pacific Power ("Company"), and CITY OF YAKIMA ("Customer"), for electric
service for Customer's WATER INTAKE OPERATION operation at or near PWRHSE NS AT
SNACHES RD, 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 ("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 kVA that Customer requires to meet its
load requirement and Company agrees to supply and have available for delivery to
Customer, shall be 71 kVA (diversified, based on Customer's submitted load prior to
the signing of this Contract). After 36 months of service the maximum demand
Company is obligated to have available for delivery shall not be greater than the lesser
of: the maximum recorded and billed demand in the previous 36 months, or, the above
given diversified demand, unless otherwise agreed in writing in accordance with the
terms of this Contract. Within fifteen (15) days of a 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 $8,620.00 (the "Extension Allowance")
to fund a portion of the cost of the improvements (the "Improvements") as per tariff.
Customer agrees to pay Company the estimated construction costs in excess of the
Extension Allowance ("Customer Advance") in the amount of $0.00, of which the
Customer has paid $0.00 for engineering, design, or other advance payment for
Company's facilities. The balance due is $0.00.
4. Contract Minimum Billing. Customer agrees to pay a contract minimum billing (the
"Contract Minimum Billing")during the first sixty (60) months beginning from the date
the Company is ready to supply service. The Contract Minimum Billing shall be the
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greater of: (1) the Customer's monthly bill; or, (2) $76.24 (the monthly facilities
charge) plus eighty percent (80%) of the Customer's monthly bill. Billings will be
based on Rate Schedule No. 24 and superseding schedules.
5. 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.
6. Contract Minimum Billing 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 (the "Term").
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 Contract Minimum Billing for the remainder of the Term.
If Customer is not ready to receive service from Company within one -hundred fifty (150)
days of the date Customer signs this Contract, then Company may terminate this
Contract. The Customer's Advance will be applied to Company costs incurred for
design, permitting and other associated Contract costs. However, if Company has
installed Improvements so that Company is ready to supply service, but Customer is
not ready to receive service from Company within such one -hundred fifty (150) day
period, then the failure of Customer to receive service may be treated as a Customer
default, and Customer shall be responsible for paying the Contract Minimum Billing for
remainder of the Term.
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 third party property and any permits, fees, etc. required to cross public
lands;
b) Prepare the route to Company's specifications;
c) Install all Customer provided trench, conduit, equipment foundations, or
excavations for equipment foundations within the legal rights -of -ways; and,
d) 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.
Customer warrants that all Customer provided trench and excavations for equipment
foundations, and Customer installed conduit and equipment foundations are installed
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within legal rights -of -way, and conform to the specifications in the Company's Electric
Service Requirements Manual, and other specifications as otherwise provided by the
Company. In the event Customer fails to comply with the foregoing, Customer shall be
liable for the cost to the Company for relocating the facilities within a legal right-of-way,
acquiring right-of-way for the Company facilities, repair or replacement of improperly
installed conduit or foundations, and paying costs for damages that may arise to any
third party as a result of the Company facilities being located outside of a legal right-of-
way. The provisions of this paragraph 9 shall survive the termination of this agreement.
10. 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.
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 quoted in The Wall Street Journal.
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
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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 and Deposits. Customer represents that all information it has
furnished or shall furnish to Company in connection with this Contract shall be accurate
and complete in all material respects. Company will base its decision with respect to
credit, deposits, allowances or any other material matter on information furnished under
this section by Customer. Should such information be inaccurate or incomplete,
Company shall have the right to revoke or modify this Contract and/or its decision to
reflect the determination Company would have made had Company received accurate
and complete information. Company may request deposits, for the purpose of
guaranteeing payment of electric service bills, as permitted under the Company's
Washington Electric Service Rule No. 9.
13. 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.
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
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collection or enforcement of any judgment or award entered or made in such suit or
action.
17. 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.
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.
CITY
By
signature
Robert Harrison
NAME (type or print legibly)
DATE
City Manager
TITLE
CITY CONTRACT NO: (3ii! 1)-5
RESOLUTION NO: I
Customer's Mailing Address for Executed
Contract
Rich Sanislo, Irrigation Supervisor
ATTENTION OF
2301 Fruitvale Blvd
ADDRESS
Yakima, WA 98902
CITY, STATE, ZIP
richard.sanislogyakimawa.gov
EMAIL ADDRESS
5
signature
SHANE SISSON
NAME (type or print legibly)
DATE
MANAGER
TITLE
Pacific Power's Mailing Address for
Executed Contract
500 N KEYS RD
ADDRESS
YAKIMA, WA 98901
CITY, STATE, ZIP
EMAIL ADDRESS