HomeMy WebLinkAboutPacific Power and Light - Service for Pump operation at 40th & River Road PACIFIC POWER
Yakima Operations Center Wx
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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:
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(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
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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
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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
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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
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