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HomeMy WebLinkAboutPacific Power and Light - Service for Pump operation at 40th & River Road PACIFIC POWER Yakima Operations Center Wx )1) , 1101 N 16th Ave - Yakima, Wa 98902 Monday, January 07, 2002 Request #: 001968377 Job Site: CRN POWERHOUSE AND 40TH AVE YAKIMA, WA 98908 CITY OF YAKIMA 2301 FRUITVALE BLVD YAKIMA, WA 90902 The line extension design for the above referenced request is complete. To provide you with electrical service, the following items are required: [X] Please sign and return the enclosed Contract forms; Retain the "Customer Copy" for your records. Also, if applicable, please remit payment for any required Customer Advance amount. [X] Electrical permit and meter base inspection with approval for the electrical connection ( "Green Tagged ") by the Washington State Department of Labor and Industries. Please call our office at (509) 575 -3138 after your meter base has been "Green Tagged ". [X] Trenching and conduit must be inspected by Pacific Power BEFORE your trench is backfilled. To schedule your trench inspection, please call us at (509) 575 -3138. ALL OF THE ABOVE REQUIREMENTS MUST BE MET PRIOR TO THE SCHEDULING OF YOUR JOB. PLEASE BE AWARE, THERE IS GENERALLY A MINIMUM TWO TO THREE WEEK LEAD TIME REQUIRED FOR SCHEDULING OF OUR CONSTRUCTION CREWS. We are enclosing a self - addressed stamped envelope for your convenience. If you elect to cancel this request, or if you have any questions regarding your requirements for electrical service, please contact us at (509) 575 -3178. C!r CONTRACT NO: ._ :.< RESOLUTION NO: (.n (WA 03/01) Service ID #:877291322 Contract #: 7/ 5 - 89 `! Spa CC: 11531 Request #: 01968377 PACIFIC POWER & LIGHT COMPANY GENERAL SERVICE CONTRACT (1000 KW OR LESS) This Contract, dated December 27, 2001, is between PACIFICORP, dba Pacific Power & Light Company (the "Company ") and City of Yakima ( "Customer ") for electric service for Customer's pump servic operation at or near 40th & River Rd, Yakima, Washington. The Company's filed tariffs (the "Electric Service Schedules ") and the rules (the "Electric Service Regulations ") of the Washington Utility 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 Regulations, such schedule and rules shall control. They are available for review at Customer's request. 1. Delivery of Power. Company will provide transmission and distribution services enabling delivery of 277/480 volt, 60 Hertz, 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, which shall be 50 kW 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. The Company has agreed to pay $6203.00 of the cost of the improvements (the "Improvements ") related to the extension (the "Extension Allowance "), and Customer agrees to pay all construction costs in excess of the Extension Allowance ( "Customer Paid Costs "), in accordance with the selected option below. (Initial selected option on the blank space at the beginning of the option and pay the advance given in that option.) Refund Option. The Customer Paid Portion is $2535.00 and Customer remains eligible for refunds. Company will refund part of the Customer Paid Portion 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 Customer Paid Portion allocable to the shared Improvements for each of the first three additional customers. The Company will try to inform Customer when a refund is due; however, Customer is responsible for requesting a refund. Contract Administration Credit Option. Customer chooses to receive a Contract Administration Credit of $250 and waives Customers' right to refunds should additional customers connect to this Improvements. Accordingly, Customer's net Customer Paid Portion is $2285.00. 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 CUE': : , opy etrr co 4rP T NO: N S( JTION Ni3: billing shall be the greater of: (1) the total of the schedule billing for the year; or, (2) $1443.43 plus eighty percent (80 %) of the total schedule billings for the year. Billings will be based on Rate Schedule No.24 and superseding schedules. The Company will adjust the minimum charges if additional customers connect to the Improvements. 5. Term. This Contract becomes effective when both the Company and Customer have signed it, and will remain in effect for five (5) years following the date of 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. 6. Deposits. The Company may request deposits from Customer to the extent permitted under the applicable Electric Service Regulations 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. 7. 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. 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. 8. 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. 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 both the Company and Customer have executed this Contract. 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 2 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. 10. Underground Facilities. If service is provided by an underground line extension, Customer will provide, or the Company will provide at your expense: all trenching and backfilling, imported backfill material, conduit and duct, and furnish and install all distribution transformer pads and other equipment foundations, as designed by the Company. The Company may abandon in place any underground cables installed under this Contract that are no longer useful to the Company. 11. Effective. This Contract will expire unless you: a) Sign and return an original of this Contract along with any required payment to Company within 90 days of the Contract date shown on page 1 of the Contract, and b) Are ready to receive service within 150 days of the above Contract date. 12. Special Provisions: None 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 Washington Utility 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 Regulations, the applicable Electric Service Schedule, and (ii) until such successor is bound by this Contract and assume 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 Regulations 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 Regulations, the applicable Electric Service Schedule and under any applicable laws, rules and regulations. No provision of this Contract, the Electric Service Regulations, or the applicable Electric Service Schedule 3 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 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 IRREVOCABLE WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING AIRISING OUT OF OR RELATING TO THIS CONTRACT, THE ELECTRIC SERVICE SCHEDULE, THE ELECTRIC SERVICE REGULATIONS 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 supercedes 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. CUSTOMER PACIFIC POWER & LIGHT COMPANY 4 t ( 1. �� of B R li B y ` I, An • .�'-- ignatu e igna 0., j t 4 >> - _ + 4 , ) t - < ,; ,`‹ (c , R., ,,- !<c., . ,t N Mike Paulson Manager N ME (ty e or print legibly) TITLE NAME (type or print legibly) TITLE DATE CITY f t?tiT(t:E F NO o?ooa? -oil RESOLUTION H : .u.. 4