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Home My WebLink About5.329H Original Contract .5.&;lq 2431 East Highway 101 Post Office Box 1 090 Port Angeles, WA 98362 (360) 452-9771 FAX 452-9338 www.clallampud net Dennis W. Bickford, PE" General Manager Commissioners Will Purser, District No 1 Hugh Haffner, District No 2 Ted Simpson, Dlstnct No 3 July 31,2002 Mr. James L. Harper Electrical Engineering Manager City of Port Angeles P.O. Box 1150 Port Angeles, W A 98362 RE: WHEELING AGREEMENT 1408 AIRPORT ROAD Dear Mr. Harper: A fully executed Wheeling Agreement for 1408 Airport Road is enclosed. We have retained one signed Agreement for our files. QelY' Dennis . Bickford, P .E. General Manager DWB:cb Enclosure cc: Glenn Cutler Director of Public Works & Utilities I" WHEELING AGREEMENT - 1408 AIRPORT ROAD This AGREEMENT is made and entered into this 25 day of July 2002, by and between City of Port Angeles Electric Utility, hereinafter called "City", who is requesting wheeling services and Public Utility District No.1 of Clallam County, Washington, hereinafter called the "District", who will be providing wheeling services. WITNESSETH that: WHEREAS, City and the District concur that the best interests of their respective customers is served by optimizing electrical facilities; and WHEREAS, situations exist where extensive electrical facilities would be required to provide electrical service to certain customers due to agreed upon service territory boundaries and physical terrain features; and WHEREAS, City and District customers could benefit from the wheeling of poweer over the facilities of one utility to the facilities and customers of the other utility; and WHEREAS, City and District representatives have met and reached agreement on the terms and conditions under which power would be wheeled consistent with the Wheeling Principles set forth i~ the Electrical Service Area Agreement which the parties entered into on December 31, 1992; , NOW, THEREFORE, IT IS AGREED between the parties hereto as follows: 1. Term of Agreement: This agreement shall be effective from midnight July 25,2002 until midnight December 31, 2017. 2. Termination of Agreement: The City may terminate the Agreement at any time by giving District written notice at least sixty (60) days prior to termination. District may terminate the agreement either upon receiving the consent of the City or ifthe City does not timely elect to participate in capacity expansion or make payment pursuant to Section 6 of this Agreement. 3.", Changes to the Agreement: Changes il). t.h~ t~rms and conditions of this Agreement may be made at any time upon the mutual written co~sent of both parties. Either party desiring a change shall give the other party one ' , , hundr'ed eighty (180) days written notice. The notice shall contain the desired changes 'and a full explanation ofthe reasons for the change. If at the end of the one hundred eighty day period, the parties hereto cannot mutually agree to the proposed changes, the Agreement shall remain unchanged. / 4. Wheeling Areas: The customer to be provided with wheeling services is shown on Exhibit "A" attached hereto and made a part of this Agreement. For descriptive purposes this area shall be known as 1408 Airport Road. 5. Facility Costs in Order to Provide Wheeling Services: In accordance with the Wheeling Principles City has determined that existing District facilities are capable of handling the additional loads to be imposed by the City and that the cost to modify or upgrade the necessary facilities is $ -0- . The City by signing this Agreement, agrees to pay to District the above mentioned sum within thirty (30) days of invoice by the District upon completion of the modification or upgrade. The City also agrees to pay its proportionate share of any costs required to upgrade or modify District facilities during the life of the Agreement should future loading conditions require such upgrade or modification. 6. Insufficient Capacity Due to Load or Customer Growth: In June of each year excess capacity calculations shall be made by District for all facilities involved in providing wheeling services. If any facilities have become overloaded, District shall prepare a cost estimate to upgrade the necessary facilities. The cost of the upgrade shall be split proportionately between City and District based upon each parties load served through the line section or facility as previously determined. The City shall then have ninety (90) days to decide whether to telminate the wheeling agreement or pay its share of the cost to upgrade the facilities. Payment of costs by the City shall be within thirty (30) days of invoice by District upon completion of the upgrade. ~ 7. Wheeling Charges: The City shall provide monthly statements to the District of the metered consumption and total unmetered consumption of all customers in the areas where wheeling services are being provided. The City further agrees that it will pay District for all metered and unmetered consumption based on 110% of District's average system cost. Compensation as calculated above shall be billed monthly and be due and payable within twenty (20) days of receipt of lllVOlce. 8. Hold Harmless: District agrees, upon completion of the interconnection of District and City facilities, to indemnify, defend, and hold harmless the City and its officials, employees, and agents, from and against any and all claims for damages or any other relief due to property damages, personal injury, or any other form ofloss arising from accidents or injuries Caused by the District and occurring after the date wheeling of power commences. City agrees, upon completion of the interconnection of District and City facilities, to indemnify, defend, and hold harmless the District and its officials, employees, and agents, from and against any and all claims for damages or any other relief due to property damages, personal injury, or any other form of loss arising from accidents or injuries caused by the City and occurring after the date wheeling of power commences. _; .J" 9. Authority: Each party warrants that the undersigned representative has full and complete legal authority to sign for it and to commit it to the performance of the agreements set forth herein. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly signed and executed in two counterparts as of the day and year first above written. ~~ IC ford, Manag r PUBLIC UTILITIES DISTRICT NO.1 OF CLALLAM COUNTY ATTEST: .&~$i~^- Becky 1. U , Clerk /)fJL, ar- Glenn Cutler, Director PUBLIC WORKS & UTILITIES CITY OF PORT ANGELES ATTEST: N \PWKS\LIGHT\ENGR\JIM\BILLIN- I \PUD\ WHLNG wpd .. . , . \ \ \ \ \ \ \ \ PUD ~ TO RUNIrIAY L TS. ~ CITY OF PORT ANGELES C4I'. " /' 6, f- " J4 't FORTANGELES From the desk of Becky Upton, City Clerk WAS H I N G TON, USA June 21, 2001 Note to City Clerk File No. 5.329: Because of recent discussion about the need to make sure expiration dates have been "tickled" in order to avoid an inadvertent expiration of contracts, agreements, etc., I contacted Scott McLain about the Wheeling Agreements with the PUD. More specifically, the Wheeling Agreement for 1911 East First Street and 1919 East First Street expired as of May 31, 2001. Scott was unaware of this expiration, as he had not been provided copies of the Wheeling Agreements by his predecessor. Because of stafftumover in the department, things of this nature have not been brought to light. Therefore, on this date, I copied the contents of thIS file for Scott McLain, and he will be specifically pursuing the above mentioned Wheeling Agreement ASAP. bju