HomeMy WebLinkAboutRocky Mountain - Ammon CafeteriaAppendix A
GENERAL TERMS AND CONDITIONS
LIABILITY AND INDEMNIFICATION
The Customer shall indemnify, defend and hold harmless Company to this Agreement and
Company's officers, directors, agents, employees, successors and assigns from any and all claims,
demands, suits, losses, costs, and damages of any nature whatsoever, including attorney's f€es and
other costs of litigation brought or made against or incurred by Company and resulting from, arising out
of, or in any way connected with any act, omission, fault or negligence of the Customer, its employees or
any officer, director, or employee or agent of lhe same and related to the subject mafter of this
Agreement. The indemnity obligation shall include, but not be limited to, loss of or damage to property,
bodily or personal injury to, or the death of any person. The Custome/s obligation under this provision of
the Agreement shall not extend to liability caused by the sole negligence of Company.
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 nol been waived.
WORK COMPLETION
Company agrees to use commercially reasonable efforts towards work completion. Such completion is
subject to timely Customer performance of any Customer required items including execution of this
Agreement and associated payment. When there are emergencies or unanticipated events which cause
power outages or threaten the Company's ability to provide electric service as it is legally required to provide
as an electric utility company, then the Company personnel assigned to perform the work may be withdrawn
from the work until such time as the unanticipated event or emergency is concluded. ln the event that the
Company personnel are removed from the work in response to such an event or emergency, then the time
for completion of the work shall be extended by a period of time equal to that period from the time the
personnel are removed from the work until they are available to continue the work plus 48 hours.
It is expressly agreed that Company and those persons employed by Company in connection with the
work described herein are not employed by or employees of the Customer. =
Company wanants that its work 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 lmprovements shall be limited to repair or replacemenl of any non-operating or defective portion of the
work. Under no circumstances shall Company be liable for economic losses, costs or damages, including
but not limited to special, indirect, incidental, punitive, exemplary or consequential damages.
The Customer may, at reasonable times and by written agreement with Company, request additional work
within the general scope of the work as described in this Agreement or request the omission of or variation
in the work, provided, however, that the Customer and Company agree to increase or decrease the amount
the Customer is to pay Company and such changes in scope are reasonably acceptable to Company. Any
such change to the scope of the work and the associated adjustment of costs shall be in writing and shall be
submitted when obtained as an addendum to this Agreement afler being signed by both parties.
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Wort Ord.. #: 7073031
Cu3t. Acc1. l:652E7r,6 001
CUSTOMER REQUESTED WORK AGREETUIENT
This Customer Requested Work Agreement (this "Agreement"), dated July 24, 2023 (the'Agreement Date,), is
between Rocky Mountain Power, an unincorporated division of PacifiCorp ("Company"), ;nd BONNEVILLE SC'IiOOL
OISTRICT #93, ("Customer"), for work lo be performed by Company for Customer at'oi near 2900 Central Ave, Ammon
in Bonneville County, State of ldaho.
Work Requestsd and Customer Work Requiremsnts:
Rocky ilountaln Power will remove eristlng primary ovoihead powerline and relocate to underground,
Customer will be responsible for all excavting, boring, trenching, conduits, pulling strings and premits if
needed.
Customer Payment(s):
Payment to Cori-'pany: ln consideration of the wotk io be performcd by Ccmpany, Customer agrees tc pay the
estimated costs of the work in advance, with the understanding that there will be ho other charges or refunds for the atove
specified work. The total advance for this work is $35,420.00. Customer has previously paid f& design, permiling or other
work in the amount of 90.00, with a balance due of $35,420.00. Estimatod cost is valid for 90 dayslrom the Ajreement
Date.
Requested Date ofService: ASAP
Any conespondence regarding this work shall be directed to the appropriate party as shown below:
Bonneville School Districi #93
Don
3497 N Ammon Rd
ldaho Falls, ld. 83401
Phone (na) na
Cellular (208) 390-2871
na
Rocky Mountain Pow6r
BONNEVILLE SCHOOL DISTRICT #93
Rocky Mountain Power
Bill Brabec
852 E 1tO0 N
Shelley, ld. 83274
Phone (208) 357-2609
Cellular (208) 709.{918
Fax 208-357-7935
This Agreement, upon execution by both Company and Customer, shall be a binding agreement for work performedby Company to accommodate Customer at the Customer's expense. The provisions ot e-ppEnaii n, General Terms andConditions, are an integral part of this Agreement.
By
OUNTAIN POWER
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