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HomeMy WebLinkAboutGENERAL SERVICE CONTRACT - 23-00093 - Liberty GMC - Electrical(ID Sep2022) Account #:81219282 Service ID #:121873612 Monthly GENERAL SERVICE CONTRACT (1000 KVA OR LESS) between ROCKY MOUNTAIN POWER and LIBERTY GMC HL C/C: 11471 Request #: 7016583 Contract #: This General Service Contract ("Contract"), dated February 28, 2023, is between Rocky Mountain Power, an unincorporated division of PacifiCorp ("Company"), and Liberty GMC ("Customer"), for electric service for Customer's commercial operation at or near 890 W Main St, Rexburg, Idaho. Company's filed tariffs (the "Electric Service Schedules" and the "Electric Service Regulations") and the rules of the Idaho Public Utilities 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 Regulations, such schedule and rules shall control. They are available for review at Customer's request. 1. Delivery of Power. Company will provide 277/480 volt, three-phase electric service to the Customer facilities. 2. 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 80 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. Within fifteen (15) days of Customer'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 to invest $8,038.56 (the "Extension Allowance") to fund a portion of the cost of the improvements (the "Improvements") as per tariff. Customer agrees to pay Company the estimated construction costs in excess of the Extension Allowance ("Customer Advance"). Customer has paid for engineering, design, or other advance payment for Company's facilities in the amount of $0.00, which amount is reflected in the balance due in the Customer selected option below. Customer trenching, conduit, vault and/or right-of-way ("TCVR"), when provided for Company lines and equipment, may also be subject to refund as calculated using Company standard costs. (Customer must initial selected option on the blank space at the beginning of the option and pay the balance due given in that option.) 1 of 5 Refund Option. The total Customer Advance for this work is $7,910.44, the balance due is $7,910.44, and Customer remains eligible for refunds. Company will refund part of the Customer Advance if additional customers connect to the Improvements within sixty (60) months of the date Company is ready to supply service. Company will refund a proportional share of the refundable Customer Advance allocable to the shared Improvements for four (4) additional applicants. Company will try to inform Customer when a refund is due. However, in the event Company is unable to locate Customer or has not identified that a refund is due Customer is responsible for requesting a refund within twenty-four (24) months of the additional applicant connecting to the Improvements. Contract Administration Credit Option. Customer chooses to receive a Contract Administration Credit of $250 and waives their right to refunds should additional applicants connect to the Improvements. Accordingly, the balance due is $7,660.44. 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 Company is ready to supply service. The Contract Minimum Billing shall be the greater of: (1) the Customer's monthly bill; or, (2) $120.13 (the monthly facilities charge) plus eighty percent (80%) of the Customer's monthly bill. Billings will be based on Rate Schedule No. 23 and superseding schedules. Company will reduce the minimum charges by the amount of the facilities charges associated with refunds due from additional applicants connecting to the Improvements. 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 and Termination. This Contract 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__ Improvements, Customer may terminate Contract by notifying Company of their intent to not take service. If 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 Contract. Upon Customer or Company termination of Contract, Customer shall pay Company costs incurred for design, permitting, surveying, cancelation orders, Improvements 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. If 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 Improvements and does not terminate Contract, Customer shall be responsible for paying the Contract Minimum Billing for the full Term irrespective of Customer taking, not taking, or terminating service. 7. Customer Obligations. Customer agrees to: 2 of 5 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. required to cross public lands; b) Prepare the route to Company's specifications; c) Install all Customer provided trench, conduit, equipment foundations, or excavations for equipment foundations within the legal rights -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, e) Comply with all of Company's tariffs, procedures, specifications and requirements. 8. Special Provisions: The customer shall provide a trench from the existing transformer to the new transformers location at a depth of 40" and a width of 12" and a trench from the transformer to the meter base location 30" deep and 12" wide. The customer shall install the flat concrete pad for the transformer base that meets the power company's requirements. The customer shall install only 4" schedule 40 electrical grade PVC conduit for both runs of conduit and use only 36" long sweep 90° elbows. The primary run of conduit shall have fiberglass long sweep elbows. The customer shall install a 1,000 Ib pull string through each run of conduit and have 6' of string excess on both ends. The customer shall install a EUSERC approved safety socket meter base with an electrical inspection and permit number. The transformer base is required to have 6" of 3/d' minus compacted backfill under each location. 9. 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 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 Company's Electric Service Requirements Manual, and other specifications as otherwise provided by Company. In 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 right-of-way, acquiring right-of-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. 10. Design, Construction, Ownership and Operation. Company shall design, construct, install, and operate the Improvements in accordance with Company's standards. Company will own the Improvements, together with Company's existing electric utility facilities that serve or will serve Customer. Construction of the Improvements 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 Improvements. Company warrants that its work in constructing and maintaining the Improvements shall be consistent with prudent utility practices. COMPANY DISCLAIMS ALL OTHER 3 of 5 WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, AND SIMILAR WARRANTIES. Company's liability for breach of warranty, defects in the Improvements, or installation of the Improvements shall be limited to repair or replacement of any non-operating or defective portion of the Improvements 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 Company. No other party, including Customer, shall have the right to operate or maintain Company's electric utility facilities or the Improvements. Customer shall not have physical access to Company's electric utility facilities or the Improvements and shall engage in no activities on or related to 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 imposed upon 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 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 Electric Service Schedule. In 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. 12. Furnishing Information 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 respect 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 right 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 of electric service bills, as permitted under the Company's Idaho Electric Service Regulation No. 9. 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 Idaho applicable to contracts executed in and to be wholly performed in Idaho by persons domiciled in the State of Idaho. 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 Idaho, or state courts of the State of Idaho, 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 Company's consent except in connection with a sale, assignment, lease or transfer of Customer's interest in Customer's facility. Any such 4 of 5 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 under this Contract to any: affiliate; successor in interest; corporation; or any other business entity in conjunction with a merger, consolidation or other business reorganization to which Company is a party. 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 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 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 may be modified only by a subsequent written amendment or agreement executed by both parties. LIBERTY GMC By signature NAME (type or print legibly) TITLE DATE 5 of 5 ROCKY MOUNTAIN POWER By signature Aaron Hancock Manager NAME (type or print legibly) TITLE DATE Customer's Mailing Address for Executed Contract ATTENTION OF ADDRESS CITY, STATE, ZIP EMAIL ADDRESS 1 of 5 Rocky Mountain Power's Mailing Address for Executed Contract 170W2"dN ADDRESS Rexburg. ID 83440 CITY, STATE, ZIP EMAIL ADDRESS PACIFICORP Pacific Power I Rocky Mountain Power ELECTRIC SERVICE REQUIREMENTS AGREEMENT - NON-RESIDENTIAL SHEET 1 Customer name/location: LIBERTYGMC Legallbusiness name: Name of subdivision: Request # 7016583 Contact person: Phone # Lot # Subdivision location: Load Information (Commercial load sheet, electric one -line drawing, site plan, and CAD drawing required.) service panel size: 200 amps phases: s voltage: 277/480 sq. ft.: motor/heat pump / AC size: number of lots: number of phases of development: temporary service required: no 0 yes ❑ (fee of$ will appear on first monthly bill) party responsible for temp: voltage requested: how many temps?: General Information • Line extension policy explained. M • Customer to call for locates? yes [j] no ❑ N/A ❑ • Customer will accept $250 Contract Administration Credit? yes ❑ no ❑ decide later 0 N/A ❑ • Customer given link to ESR Manual? yes [j] no ❑ • Route (including poles, trench route and equipment locations) staked out and / or explained. • Route maybe forwarded upon completion of design. ❑ Read the back of this sheet for additional line extension information. Trench and Conduit (The Customer shall provide a flat pull fine(preferred) or pol, rope ; ��� ��i ), 1,00' tom, fes rninb um, for all condu# installations.) • Customer to install: trench E conduit El vault ❑ • Primary/secondary/service trench dimensions 40/30 " deep x " wide, per ESR Manual or Power Company rep. • No. of runs of primary conduit required 1 diameter 4 "(Schedule 40 gray electrical grade PVC, HDPE, or fiberglass or as indicated on Power Company drawings) • Number of primary sweeps 900 " 450 0 radius lf fiberglass/steel (] PVC ❑ (factory quality bend) • No. of runs of secondary/service conduit required diameter 4 " (Schedule 40 gray electrical -grade PVC, HDPE, or fiberglass or as indicated on Power Company drawings) • No. of secondary/service sweeps 90° a 45°= radius"=" fiberglass/steel ❑ PVC E] (factory-qualitybend) Notes Riser location marked on pole ❑ N/A (] Secure 1,000 Ib. pull line inside the conduit and cap with 6 feet of extra line at both ends Q Vault spec provided. ❑ Top of vault to beat final grade level? yes ❑ no ❑ Read the back of this sheet for additional information on trenching and conduit installations. Meter Base or Termination Equipment, Installed by Customer (Location as agreed upon, no variation without estimator approval) Regular, safe, level, and unobstructed access to the meter for the purposes of meter reading and maintenance is required by tariff. • Underground -fed 0 Overhead -fed ❑ • Manual link bypass req'd ❑ safety socket req'd 0 C.T • Switchgear service entrance required above 801 amps? • Specifications or drawings provided: enclosure required ❑ dimensions: (per ESR) yes � no �( Net metering? yes ❑ no F-_1 Read the back of this sheet for additional information on meterinq installations. Before Service Can Be Provided (Caa us at to inform us of yourprogress on the following.) • Tree trimming required, to be done by: Customer ❑ Power Company ❑ N/A F11 • Required electrical inspection discussed with Customer. (Customerto contact City, County or State permitting office) El • Right-of-way required and explained. ❑ N/A 2 (additional widths maybe required) • Contractor Letter of Agreement required and explained. Q N/A ❑ • Trench and conduit to be mandrel'd under Power Company supervision and inspected? yesE no ❑ N/A ❑ (Call 270-2806 for trench inspection with minimum 48 hrs notice.) • Other information needed from Customer before design can take place: Read the back of this sheet for additional information on requirements. Notes: Is this agreement accompanied by a sketch sheet (sheet 2)? yes E no ❑ ESR Link to the power companies construction requirement standards; https://www.rockymountainpower. net/content/dam/pacific_powerldoctContractors_Suppliers/Electric_Service_Requirements/2016_ESR_2E.pdf Changes to this agreement must be communicated and agreed to by the Estimator or Manager. Your estimate is good for 90 days. If you request changes to the estimate or design, or if it must be recreated after cancellation, the Power Company may require a non-refundable re-engineering fee (minimum of $200), payable in advance. PacifiCorp representative's signature and P# Customers (or representative's) signature Date Form PC07 Revision date: 10/7/2016 PACIFICORP Pack Power I Rocky Mountain Power Load Information - The load information you provide is used in sizing the Company facilities to meet your electrical demands. Ii is imperative that you provide accurate information and notify your estimator of any changes as quickly as possible. General Information • Line Extension Policy information can be found online at www.pacifrcpower.net or www.rockymountainpower.net by navigating as follows: Business > Rates & Regulation > Choose your State > Approved Tariffs, Rate Schedules or Rules. • The Customer shall call 8-1-1 (Call Before You Dig) for underground utility cable locations at least 48 hours (two full working days) prior to any excavation. • By accepting the $250 Contract Administration Credit, you waive your right to future refunds (if applicable). • Contact the Estimator if you wish to relocate the route as designed. Do not relocate the Estimator's stakes. • The Customer is responsible for following the specifications in this document, as well as those in the Six -State Electric Service Requirements Manual (ESR). The ESR can be found online at www.pacificlyower.net/ESR or www. rockvmo untain p ower. n et/ESR. Trench & Conduit Electric utilities (cable TV, telephone) shall have at least 12" of horizontal clearance from primary and secondary cables. Non -electric utilities (Gas, Water, Sewer, etc.) and privately -owned facilities shall not be installed in the power trench without prior approval by the power company. Contact your Estimator if you plan to change the route of the service, install more sweeps, or increase the length. Note: Ten feet (10') of level ground, free from obstructions, is required in front of equipment pads. Three feet (3') of clearance is required on the remaining three sides. Main Trench final grade LEGEND other cable utilities E o ` Osecondary/service o Oprimaryconduit/cable 1 R" min. R" mina -- o -f ! > v l backfill backfill surrounding conduit Z10�\n undisturbed earth �SL _-. -. Minimum Minimum Minimum Conduitr Cover Trench Depth Burial Depth Cable (in.) (in.) (in.) Primary 30 36 48 Secondary/Service 24 30 48 Additional General Requirements (See the ESR Manual for all requirements.) • The height of the meter shall be no greater than 72". The socket's center shall be no less than 48" above the ground. • In installations with two or more units, each metered service shall be permanently labeled with the Customer's address with a metal or hard plastic engraved label. • For an overhead service, a 24" minimum tail is required to be left out of the service mast. • For an overhead service to a meter pole, the pole shall be no less than 5%" in diameter at the top, treated, set at least 60" deep, and the bottom of the weatherhead shall be located within 12" of the top of the pole. Used poles must be approved. • Poles must be accessible to Power Company power -lift aerial equipment. • The Electrical Inspector (State, County, or City) is the proper person to answer most questions regarding your wiring and equipment beyond the interconnection with the Power Company's supplied service. Before Service Can Be Provided • If overhead primary service is to be installed, trees and limbs shall be cleared 10' from each side of the line. DO NOT TRIM TREES WITHIN 10' OF EXISTING OVERHEAD PRIMARY LINES. Walk the route with your Estimator to determine acceptable vegetation and appropriate clearances. • The Power Company will prepare easement documents. The Customer shall return the signed easement and pay any associated costs. • Underground cable and conduit installations shall not be energized until the proper select backfill over the cable or conduit has been inspected by the Power Company representative. The Customer is responsible for providing the backfill and the final cover of the trench. • The Power Company's schedule for construction on your project depends on the project's size, the type of material ordered (some materials have long lead delivery dates), the workload of the Power Company in your area, and changes to the initial design. Work shall not be scheduled until you have met all of the requirements detailed on this form and the ESR (www.oacificpowecnet/ESR or www.rockvmountainoower.net/ESR). and have called in to inform the Power Company. Form PC07 Revision date: 10/7/2016 LEGEND other cable utilities (telephone, cable tv) Osecondary/service Oprimaryconduit/cable -- o -f ! > v l backfill backfill surrounding conduit Z10�\n undisturbed earth �SL _-. -. Minimum Minimum Minimum Conduitr Cover Trench Depth Burial Depth Cable (in.) (in.) (in.) Primary 30 36 48 Secondary/Service 24 30 48 Additional General Requirements (See the ESR Manual for all requirements.) • The height of the meter shall be no greater than 72". The socket's center shall be no less than 48" above the ground. • In installations with two or more units, each metered service shall be permanently labeled with the Customer's address with a metal or hard plastic engraved label. • For an overhead service, a 24" minimum tail is required to be left out of the service mast. • For an overhead service to a meter pole, the pole shall be no less than 5%" in diameter at the top, treated, set at least 60" deep, and the bottom of the weatherhead shall be located within 12" of the top of the pole. Used poles must be approved. • Poles must be accessible to Power Company power -lift aerial equipment. • The Electrical Inspector (State, County, or City) is the proper person to answer most questions regarding your wiring and equipment beyond the interconnection with the Power Company's supplied service. Before Service Can Be Provided • If overhead primary service is to be installed, trees and limbs shall be cleared 10' from each side of the line. DO NOT TRIM TREES WITHIN 10' OF EXISTING OVERHEAD PRIMARY LINES. Walk the route with your Estimator to determine acceptable vegetation and appropriate clearances. • The Power Company will prepare easement documents. The Customer shall return the signed easement and pay any associated costs. • Underground cable and conduit installations shall not be energized until the proper select backfill over the cable or conduit has been inspected by the Power Company representative. The Customer is responsible for providing the backfill and the final cover of the trench. • The Power Company's schedule for construction on your project depends on the project's size, the type of material ordered (some materials have long lead delivery dates), the workload of the Power Company in your area, and changes to the initial design. Work shall not be scheduled until you have met all of the requirements detailed on this form and the ESR (www.oacificpowecnet/ESR or www.rockvmountainoower.net/ESR). and have called in to inform the Power Company. Form PC07 Revision date: 10/7/2016 . qXa C7% Ln 0 ZZ N DD Lq o o� 00 0 D ' oCID T4Q Vl'oO O T w .1 N O M M o p X T 0 N .o ` V Ln O L% wo X 20 w iu O 3 T N T D � 00, r -- — -- - - �/nz� ^� , D / RXB 16 0° RXB 16 -1 / Np 1-2-5-3#2=A ,N# -A� o -,�'� N -N v, N 1500 W �� o � V) 0 � o 0 Foreman Emp # Job Start Date PAC I F I CO R P Z A BERKSHIRE HATHAWAY ENERGY COMPANY CC# WC#t /REQ# Map String Job Comp Date 11471 007016583 03106039.0 m Customer: Liberty GMC Circuit Post Jobs ❑ EST ID# Print Date Scale Vis: 896W Main St, Rexburg, ID RXB 16 posted o P21040 2/28/2023 I " = 81.92'