HomeMy WebLinkAboutPacific Power - General Service Contract for SW CRNR F ST & N 1ST ST(WA Jan202O- NoRfnd)
Account #45536401001
Service ID #:375408749 00'.
Monthly
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(1000 KVA OR LESS)
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PACIFIC POWER
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This General Service Contract ("Contract"), dated August 25, 2022, is between PacifiCorp,
doing business as Pacific Power (" Company"), and CITY OF YAKIMA ("Customer"), for electric
service for Customer's STREET LIGHTING operation at or near SW CRNRf ST& N
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 120/240 volt, single-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 1 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 $1,103.00 (the "Extension Allowance")
to fund a portion of the cost of the improvements (the "Improvements") as per tariff.
§Cusi8m�beeosjoqoay�tompany the estimated construction costs in excess of the
Extension Allowance ("Customer Advance") in the amount of $1,934.00, of which the
Customer has paid $0.00 for engineering, design, or other advance payment for
Company's facilities. The balance due is $1,934.00.
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
greater of: (1) the Customer's monthly bill; or, (2) $0.00 (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 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.
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.
0 1 0 11 - . 0 - - A
a) Provide legal ights-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;
c) Install all Customer provided trench, conduit, equipment foundations, or
excavations for equipment foundations within the legal rights -of -ways; and,
t) Comply with all of Company's tariffs, procedures, specifications and requirements.
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
within legal rights -of -way, and conform to the specifications in the Company's Electric
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Service Requirements Manual, and • specifications as • provided • t
• In the event • fails to comply with the foregoing, Customer shalli.
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 • 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, etcAny 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 WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULA.
PURPOSE, AND SIMILAR WARRANTIES. The Company's liability for breach
warranty, defects in the Improvements, or installation of the Improvements shall b-
limited to repair or replacement of any non -operating or defective portion of th-
Improvements or the Company's other electric utility facilities. Under no circumstanc
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 damage
for inability to provide service to the extent that such failure shall be due to cause
beyond the reasonable control • the Company
No other party, including Customer, shall have the right to operate or maintain th,�
Company's electric utility facilities or the Improvements. Customer shall not have
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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 f`• r• 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 • the Commission or, if no rate is specified, the then effective prime
rate as quoted in The Wall Street Journal.
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event of a default by Customer in any of its obligations, the Company may exercise any
• all of its rights and remedies with •` to any such s-••
12. Furnishing Information and Deposits. • 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 • Customer. Should such information be inaccurate • 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
• 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 • 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 •- 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 • 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 Electri*
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. • Fees. If any suit • action arising • • • related to this • 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
:• and all other costs • discovery) incurred • such party or •. in such suit •:..
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
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Contract18. Entire Agreement. This • - agreement of parties
respect• the subject - and replaces and supersedes in theirentirety all prior
agreements between the parties related to the same subject matter. This Contract
mgy be. modified only— §y a subseguent written amendment or qqLeement
executed bv both Darties.
CITY'F YAKI
Y.
signature
.t .•ER
By_, signature I
SHANESISSON MANAGER
NAME (type or print legibly) TITLE' E (type or print legibly) TITLE
a " CONTRACT NO, !
DATE RESOLUTION NO: DATE
Contract
AW04TION?F
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ADDRESS ✓p qj{
CITY, STATE, 21P y
EMAL AD -DRESS La+
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Pacific Power's Mailing Address for
r-xecuted Contract
I
i. 4. WA • •
CITY
EMAIL ADDRESS