HomeMy WebLinkAboutRocky Mountain Power Year 5 of 5(lD Mar2023 - NoAdvRfnd)
Account #:65287146 001
Service lD #:788482960 004
Monthly
NB
ctc..11481
Request #: 7028684
Contract #:
GENERAL SERVICE CONTRACT
({000 KVA oR LESS)
between
ROCKY MOUNTAIN POWER
and
BONNEVILLE SCHOOL DIST #93
This General Service Contract ("Contract"), dated March 17,2023, is between Rocky Mountain
Power, an unincorporated division of PacifiCorp ("Company'), and BONNEVILLE SCHOOL
DIST #93 ('Customer''), for electric service for Customer's school operation at or near 4928 E
1"tST, ldaho Falls, ldaho.
Company's filed tariffs (the "Electric Service Schedules" and the "Electric Servrce Regulations")
and the rules of the ldaho Public Utilities Commission ("Commission"), as they may be amended
from time to time, regulate this Contract and are incorporated in this Contract. ln 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 provrde 1201240 voll, single-phase electric service to
the Customer facilities.
2. Contract Demand. The demand in kVA that Customer requires to meet ils load
requirement and Company agrees to supply and have available for delivery to
Customer, shall be 66 kVA (diversified, based on Customer's submitted load prior to
the signing of this Contract)(the 'Contract Demand").
After 36 months of service the Company may reduce Contract Demand to the
maximum recorded and billed demand in the previous 36 months. The reduction in
Contract Demand shall become effective thirty (30) days after the Company provides
notice.
Wthin fifteen ('15) days of Cusiomer's written request for capacity above the Contract
Demand, Company shall advise Customer in writing whether the additional power and
energy is currently available, or if not currently available, initiate the processes to
determine the costs to make it available.
3. Extension Costs. Company agrees io invest $5,113.79 (the "Extension Allowance")
to fund a portion of the cost of the improvements (the "lmprovements") as per tariff.
Customer agrees to pay Company the estimated construction costs in excess of the
Extension Allowance ("Customer Advance") in the amount of $4,590.21, of which the
Customer has paid $0.00 for engineering, design, or other advance payment for
Company's facilities. The balance due is $4,590.21.
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Customer provided trenching, conduit, vault and/or righlof-way ("TCVR"), when
provided for Company lines and equipment, may be subject to refund as calculated
using Company standard cosis. As per tariff the refund will be determined proportionate
to each customeis Contract Demand to the total demand for the calculated cost of
shared facilities. This extension has no potential TCVR refunds.
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
Company is ready to supply service. The billing shall be the greater of: (1) the
Customer's monthly bill; or, (2) $74.88 (the monthly facilities charge) plus eighty
percent (80o/o) of the Customer's monthly bill. Billings will be based on Rate Schedule
No. 23 and superseding schedules.
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 Te]m and Termination. This Conkact becomes binding
when both Company and Customer have signed it and will remain in effect for five (5)
years following the date when Company is ready to supply service (the "Term")
Following execution of Contract but prior to completion of installation of Company's
lmprovements, Customer may terminate Contract by notitying Company of their intent
to not take service. lf 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 Contracl. Upon Customer or Company termination of Contract,
Customer shall pay Company costs incurred for design, permitting, surveying,
cancelation orders, lmprovements installed and other associated Contract costs.
Customer's Advance, if any, will be applied to costs incurred, and Customer will
promptly pay Company any costs in excess of the Advance upon receipt of notice. lf
the Advance exceeds the costs incurred, Company will promptly refund the portion of
the Advance in excess of costs incurred.
However, if Company has completed installation of lmprovements and does not
terminate Contract, Customer shall be responsible for paying the Contract lvlinimum
Billing for the full Term irrespective of Customer taking, not taking, or terminating
seryice.
Customer Obligations. Customer agrees to:
a) Provide legal rights-of-way to Company, at no cost to 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. requlred to cross public lands;
b) Prepare the route to Company's specifications;
c) lnstall all Customer provided trench, conduit, equipment foundations, or
excavations for equipment foundations within the legal raghts-of-ways;
d) Repair, or pay for the repair of, any damage to Company's facilities except
damage caused by the negligence of Company; and,
7.
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8.
9.
e) Comply with all of Company's tariffs, procedures, specifications and requirements.
Special Provisions: None
Underground Facilities. lf 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 Company. Company may abandon in place
any underground cables installed under this Contract that are no longer useful to
Company.
Customer warrants that all Ct stomer 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 specificatrons in Company's Electflc
Service Requirements Manual, and other specifications as otherwise provided by
Company. ln the event Customer fails to comply with the foregoing, Customer shall be
liable for the cost to Company for relocating the facilities within a legal righlof-way,
acquiring righlof-way for 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 Company facilities being located outside of a legal right-of-way.
The provisions of this paragraph 9 shall survive the termination of this Contract.
Design, Construction, Ownership and Operation. Company shall design, construct,
install, and operate the lmprovements in accordance with Company's standards.
Company will own the lmprovements, together with Company's existing electric utility
facilities that serve or will serve Customer. Construction of the lmprovements shall not
begin until (1) both 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 lmprovements.
Company warrants that its work in constructing and maintaining the lmprovements shall
be consistent with prudent utility practices. COMPANY DISCLAIMS ALL OTHER
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE
WARMNTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE,
AND SIMILAR WARRANTIES. Company's liability for breach of warranty, defects in
the lmprovements, or installation of the lmprovemenls shall be limited to repair or
replacement of any non-operating or defective portion of the lmprovements or
Company's other electric utility facilities. Under no circumstances shall Company be
liable for other economic losses, including but not limited to consequential damages.
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 Company or Customer.
No other party, including Customer, shall have the right to operate or maintain
Company's electric utility facilities or the lmprovements. Customer shall not have
physical access to Companv's electric utility facilities or the lmprovements and shall
engage in no activitres on or related to Company's electric utility facilities or the
lmprovements.
't0.
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(lD Ma2023 - NoAdvRfnd)
Account #:65287 146 00'l
Service lD #:788482960 004
Monthly
NB
CiC: 11481
Request #: 7028684
Contract #:
1.
GENERAL SERVICE CONTRACT
(1000 KvA oR LESS)
between
ROCKY MOUNTAIN POWER
and
BONNEVILLE SCHOOL DIST #93
This General Service Contract ("Contract"), dated March 17,2023, is between Rocky Mountain
Power, an unincorporated division of PacifiCorp ("Company"), and BONNEVILLE SCHOOL
DIST #93 ("Customer''), for electric service for Customer's school operation at or near 4928 E
1"' ST, ldaho Falls, ldaho.
Company's filed tariffs (the "Electric Service Schedules" and the "Electric Service Regulations")
and the rules of the ldaho Public Utilities Commission ("Commission"), as they may be amended
from time to time, regulate this Contract and are incorporated in this Contract. ln 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.
Delivery of Power. Company will provide 1201240 voll, single-phase electric service to
the Customer facilities.
Contract Demand. The 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 66 kVA (diversified, based on Customer's submitted load prior to
the signing of this Contract)(the "Contract Demand").
After 36 months of service the Company may reduce Contract Demand to the
maximum recorded and billed demand in the previous 36 months. The reduction in
Contract Demand shall become effective thirty (30) days after the Company provtdes
notice.
Within fifteen (15) days of Customer's wriiten request for capacity above the Contract
Demand, Company shall advise Customer in writing whether the additional power and
energy is currently available, or if not currently available, initiate the processes to
determine the costs to make it available.
Extension Costs. Company agrees to invest $5,113.79 (the "Extension Allowance")
to fund a portion of the cost of the improvements (the "lmprovements") as per tariff.
Customer agrees to pay Company the estimated construction costs in excess of the
Extension Allowance ("Customer Advance") in the amount of $4,590.21, of which the
Customer has paid $0.00 for engineering, design, or other advance payment for
Company's facilities. The balance due is $4,590.21.
3.
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1'1.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 wire or ACH with remittance detail. lf 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.
Company may request deposits from Customer to the extent permitted under the
applicable Electric Service Regulations and the applicable Eleclric Service Schedule.
ln the event of a default by Customer in any of its obligations, Company may exercise
any or all of its rights and remedies with respect to any such deposits.
Furnishing lnformation 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 respecl 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.ight 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 ofelectric service bills, as permitted underthe Company's ldaho
Electric Service Regulation No.9.
Governing Law; Venue. All provisions of this Contract and the rights and obligations
ofthe partaes hereto shall in all cases be governed by and construed in accordance with
the laws of the State of ldaho applicable to contracts executed in and to be wholly
performed in ldaho by persons domiciled in the State of ldaho. 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 ldaho, or
state courts of the State of ldaho, and each party hereby consents to the excluslve
jurisdiction of such forums (and of the appellate courts therefrom) in any such suit,
action or proceeding.
Assignment. The obligations under this Contract are obligations at all times of
Customer, and may not be assigned without Company's consent except in connection
with a sale, assignment, lease or transfer of Customer's anterest in Customer's facility.
Any such assignment also shall be subject to (i) such successor's qualification as a
customer under Company's policies and the Electric Service Regulations, 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 Company. 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.
Company may at any time assign its rights and delegate its obligations undet this
Contract to any: affiliate; successor in interest; corporation; or any olher business entity
,12.
13.
14.
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in conjunction with a merger, consolidation or other business reorganization to which
Company is a party.
{5. 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 shall be deemed to have been waived unless such waiver is expressly stated
in writing and signed by the waiving party.
16. Attorneys' Fees. lf 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. 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 CONTRACT. 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
mav be modified onlv bv a subsequent written amendment or aqreement
executed bv both parties.
BONNEVILLE SCHOOL DIST #93 ROCKY MOUNTAIN POWER
ByBy
TITLENAME (type or prinl legrbly)
signalule
Justin Cherrv
t{A[iE (type or pltnt legibly)
Manaoer
TITLE
DATE
5 of 5
OATE
Customer's Mailing Address for Executed
Contract
ADORESS
ldaho Falls. ld 83401
CITY, STATE, ZIP
EMAIL ADDRESS
Rocky Mountain Powels Mailing Address
for Executed Contract
852 E 1400
EMAIL ADDRESS
ATTENTION OF
3497 N Ammon Rd Shelley, ld 83274
CITY STATE ZIP
1of 5
SND I4 SNDI4 t34280
t2.5 LL 3#4t0-AL 6"
Mobile
class
rooms
install 75 kva xfmr,
install 2 runs of 410
ugtx and CT metering =t?
t34t8t I
o''c<R
\i..- ,34r0r\\
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install elbow fault
indicator and !/0 ug
primary cable to xfmr
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25 C.,t000.t t7
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007028684
Map String
03 t02038.0
Job Comp Date
Customer: BONNEVILLE SCHOOL DIST #93
Address: 4928 E IST ST, IDAHO FALLS, lD
Circuit
SNDI4
PostJobs trRQII tr
Pa<tad n
EST ID#
Pt t844
Print Date
3il612023
Scale
1in=82'
ROCKY MOUNTAIN
HSIYE*""
852 East 1400 North
Shelley,ldaho 83274
Date: March 17,2021
Dear BONNEVILLE SCHOOL, DIST #93, Attn Don Trauntvein
Enclosed is your contract for providing service to mobile classrooms. Please sign and
retum it to the Shelley Office. Your request for service will be scheduled and prioritized based
upon when we receive the signed contract.
Please carefully review the enclosed contract and note that the contract will expire unless you:
a) Sign and retum the contract along with any required payment, recorded ea^sement, or
other information to the Company within 90 days of the contract date shown on page
I of the contract, and
b) Are ready to receive service within 150 days ofthe contract date.
Ifyou have any questions, please call.
Sincerely,
Ned Bennett
Estimating Department
Ph.208-357-2610
Pax208-357-7935
ned.bennett@rockymountainpower. net