HomeMy WebLinkAbout09-0611 Com Ed 0c, - o61\
ELECTRIC FACILITIES SERVICE AGREEM Q
PL#:432133 ESS: YES SER#: WF090153 Rev.: 00
This Electric Facilities Service Agreement (the "Agreement"), dated 06/11/2009, is between Commonwealth
Edison Company (the."Company"), and CITY OF ELGIN (the "Customer").
RECITALS
1. The Company is to provide to the customer, and the customer is to pay the Company for, the electric
facilities and equipment described herein on the terms and conditions set forth herein and in accordance
with the terms of the Company's Rider NS - Nonstandard Services and Facilities ("Rider NS"), as it may
be amended from time to time.
AGREEMENT
NOW, THEREFORE, the parties agree as follows:
1. This Agreement shall apply regardless whether the Company or another party is supplying electric power
and energy to the Customer on the premises occupied by the Customer at 250 S GROVE AVE, ELGIN,
ILLINOIS ("Premises"). This Agreement is also subject to the General Terms and Conditions of the
Company approved by the Illinois Commerce Commission, as they may be amended from time to time.
2. The Customer is to receive electric power and energy from either the Company or another party at an
estimated maximum demand of 403 kW at the following location(s) and in the following amounts and
approximate voltages (as shown on Exhibit A attached hereto):
Loc. 001 est. demand 313 kW, metering voltage approx. 120/208Y volts, 3 phase, 4 wire
Loc. 002 est. demand 45 kW, metering voltage approx. 120/208Y volts, 3 phase, 4 wire
Loc. 003 est. demand 45 kW, metering voltage approx. 277/480Y volts,3 phase, 4 wire
3. Charges: Rental.
a. The Company hereby agrees to furnish and rent to the Customer, and the Customer hereby agrees to
rent from the Company, under the terms and conditions set forth below in this Agreement and in
accordance with the terms of the Company's Rider NS and Rider ML - Meter-Related Facilities Lease
("Rider ML"), the facilities and equipment listed in the Facilities Rental Service and Meter Lease Service
• attachments to this Agreement at the initial monthly rental charges stated therein. The foregoing
facilities and equipment, together with any conductors, cables, supports and related equipment
installed by the Company, and any replacements or adjustments thereof, are hereinafter called the
"Facilities". Such Facilities are or may be located on the Premises.
b.
1) The Customer's estimated demand set forth above is used to determine the service facilities that
are available to the Customer as a standard installation under the applicable tariffs. The estimate of
the Customer's demand shown above is based upon information provided to the Company by the
Customer and the Customer agrees that this estimate is representative of the Customer's
expected operation, demand and consumption. Load defined as "Zero Standard Portion" under
Rider ZSS7- Zero Standard Service 2007 ("Rider ZSS7") is not included in the determination of the
estimated maximum demand shown above because a standard installationis not provided for the
Zero Standard Portion of load.
2) Such standard service facilities are subject to change from time to time based upon the
Customer's actual demand in accordance with the provisions of the Company's Rate RDS- Retail
Delivery Service ("Rate RDS") and Rider NS, or their successors. If the Customer's actual demand
is less than the amount of kW specified in Section 2 above, the Company reserves the right to
remove or adjust the Facilities at the Customer's expense so as to provide the Customer the
standard installation facilities as provided in Rider NS or to adjust the rental as provided in Section
3(c).
3) If the Customer desires to add load beyond the levels set forth above in Section 2 or to increase
capacity at an individual point of service, the Customer shall notify the Company, in writing ,
adequately in advance of adding such load or increasing such capacity so that the Company may
modify its facilities as determined by the Company.
c. The initial monthly rental specified in the Facilities Rental service attachment is based on the
Company's standard rental charges applicable on the date of this Agreement and is subject to change
as provided herein or in Rider NS.
d. The monthly rental charges for the Facilities are in addition to all other charges under (i) other contracts
with the Company, (ii) applicable rates, riders and tariffs, and (iii) any additional charges imposed by
the Company on account of special installation requests or requirements or requests by the Customer
for maintenance beyond the level set forth in Section 6(c).
e. The Customer shall pay all taxes applicable to the Company's provision of the Facilities and other
services to the Customer under this Agreement (including without limitation all applicable federal, state,
regulatory, municipal and other taxes with respect to customer charges and rentals).
4. Billing; Payment.
In accordance with the Company's Terms and Conditions,
a. The Company shall bill for the Facilities, and
b. The Customer shall pay such bills.
5. Ownership;Access; Other Company Rights.
i
a. Facilities shall remain the sole and exclusive property of the Company during and after the term of this
Agreement. The Company may, in its sole discretion, affix to the Facilities (or any parts thereof) labels
or other markings indicating the Company's ownership of the Facilities. The Customer shall acquire no
interest in the Facilitites (or any parts or components thereof). Use by the Customer of the Facilities
shall not divest the Company of its exclusive rights to such ownership, use and possession. The
Customer shall, upon the request of the Company from time to time execute and deliver to the
Company all documents reasonably necessary or advisable to confirm, perfect or evidence any rights
of the Company in and to the Facilities.
b. The Company and its representatives shall, during and after the term of this Agreement, have free
access to the Premises at all reasonable times (and immediately at any time if an emergency exists)
for the purposes of inspecting, protecting, installing, operating, maintaining, repairing, altering,
replacing, relocating or removing any of the Facilities. The Customer grants the Company the right to
install facilities on the Customer's property to provide electric service to other users of the Facilities.
The Company shall at all times have the right, in its sole discretion, to replace, delete, or alter any part
of the Facilities, add or remove portions or components of the Facilities or revise any procedures with
respect to the Facilities. Any such replacements, substantial alterations, or additions of or to the
Facilities shall belong to and become property of the Company and shall be a part of the Facilities for
purposes of, and shall be subject to, this Agreement.
c. Such inspection, protection, installation, operation, maintenance, repair, alteration, replacement,
relocation and removal shall be in accordance with, and at the time(s) and at the standards prescribed
by, the Company's standard practices and procedures for the types or classes of each of the Facilities.
If the Customer requests maintenance beyond this level, the Company may impose an additional
charge for such additional maintenance.
6. Customer Responsibilities.
a. The Customer shall not move, remove, modify, alter, adjust, or change in any way the Facilities or any
part thereof without first obtaining the written consent of the Company, except to protect the Premises
or any person from damage or injury during any emergency or except and to the extent provided in a
separate written agreement. Except to the extent set forth in the prior sentence, the Customer will not
permit anyone other than the Company, or the Company's respective representatives, agents or
subcontractors to effect any inspection, adjustment, preventative or remedial maintenance, repair,
overhaul, replacement or removal of the Facilities.
b. The Customer shall at its sole cost and expense:
1) provide to the Company adequate working space within a reasonable distance of the Facilities and
take such other steps as are necessary to allow the installation, construction, maintenance, repair,
alteration, replacement and removal of the Facilities to be readily and efficiently performed;
2) keep the Facilities on the Premises free from any overbuilding or other obstruction that might create
an unsafe condition or that might interfere with the Company's ability to install, operate, maintain,
repair, alter, replace or remove the Facilities;
3) provide and maintain in a good, safe, and proper state of repair, the Premises and all other property
furnished by the Customer in connection with the Facilities;
4) furnish, install, and maintain the wiring, supports, and other appurtenances, as specified by the
Company, necessary for the Facilities;
5) if the installation of the Facilities includes or requires a vault or ground-type installation, furnish and
maintain the enclosure, foundation, fill, required ventilation, and similar facilities in accordance with
the Company's rules and regulations;
6) make use of the Facilities in accordance with the Company's specified practices and procedures
and protect the Facilities from harm, theft, or misuse and deterioration (except for reasonable wear
and tear resulting only from proper use thereof); and
7) notify the Company by telephone promptly after the Customer first has knowledge of (i) any
malfunction in operation of the Facilities. (ii) any interruption or alteration of energy supply to the
Premises (iii) any alteration or modification in the Facilities or its operation which is not initiated by
Company, and (iv)any emergency or dangerous condition affecting the Facilities.
c. If any part of the Facilities is lost, stolen, condemned, confiscated, damaged, destroyed, or needs
maintenance, repairs, or replacement due to an act, error, omission, breach, negligence or willful
misconduct of any employee or other agent of the Customer, the Customer shall be obliged to
reimburse the Company promptly for the Company's customary time and materials costs of the
maintenance, repair and replacement of the Facilities. If any part of the Facilities is lost, stolen,
condemned, confiscated, damaged, destroyed, or needs maintenance, repairs or replacement due to
an act, error, omission, breach, negligence or willful misconduct of one or more employees or other
agents of both the Company and the Customer, the Company shall repair or replace such part of the
Facilities, and the cost of any such repair or replacement shall be shared by the Customer and the
Company in proportion to their respective degrees of fault.
7. Removal. Upon termination of this Agreement, the Company at its option may, and upon the Customer's
request the Company shall, remove all or any part of the Facilities. The Customer shall bear the cost and
expense of such removal.
8. Relocation. If relocation of all or any part of the Facilities is requested by the Customer or there is a change
in the Customer's operation or construction, which in the judgement of the Company, makes such
relocation necessary or advisable, the Company will move such Facilities at the Customer's expense to a
location on or adjacent to the Premises mutually acceptable to the Company and the Customer.
9. Term. The term of this Electric Facilities Agreement shall commence upon the date of this Agreement and
shall terminate upon the earlier of:
a. The Customer ceases to use the Facilities,
b. The Company no longer provides either electric service or delivery service to the Customer, or
c. At the discretion of the non-breaching party, upon a breach of this Agreement if such breach is not
cured within 30 days of notice to the party in breach.
10. Amendment.This Agreement shall not be altered or amended except by an instrument in writing executed
by authorized representatives of the parties; provided that
a. the listing of the Required or Requested Facilities in the Facilities Rental Service attachment and their
monthly rental may be modified from time to time upon oral or written agreement of the parties (and the
removal or installation of any such Facilities shall constitute prima facie evidence of such agreement);
b. the Company may, upon notice to the Customer, adjust the Facilities or the monthly rental if the
Customer's demand is less than the level(s)set forth in Section 2; and
c. the Company may, upon notice to the Customer, adjust the monthly rental as provided in Section 3(c)
and in the Facilities Rental Service attachment.
11. Subcontracting, The company may cause its obligations hereunder to be performed by one or more
parties under contract with the Company.
12. Previous Agreements. This agreement supersedes and cancels the previous Electric Service Station
Agreement or Electric Facilities Service Agreement at this location.
13. Customer/Owner Agreement. The undersigned Customer agrees to the terms of this Agreement. In case
the Customer is not the owner of the Premises, the undersigned owner hereby consents to this agreement
and agrees to be bound by its terms.
FOR THE COMPANY: FOR THE CUSTOMER:
STEVEN WIERSEMA �.�(7
Submitted by C;iL,
Accepted By Signature Accepted By
Byy Signature
Print Name Print Name
Official Capacity or Title Official Ca ity or Title
Account Number: 7837334001 dK�
SER No.: WFO90153 Property Owner's Signature
Work Task Number: 0670864901
Mail Bills To:CITY OF ELGIN
ELGIN, IL 60120
FACILITIES RENTAL SERVICE - RIDER NS
S.E.R.#: WF09ol53
The Company hereby agrees to furnish and maintain hereunder facilities which the Company provides on a rental basis, for
which the Customer agrees to pay a monthly rental of $151.82 as described below:
1.Required Transformer Facilities:
Transformer Number:432133137 @ 120/208Y
1 -225 KVA-COMP RADIAL TRANS, 12470-120/208 VOLTS, PAD MOUNT @ 113.83 (KPN430225) $1 13,83
Transformer Number:432133M6 @ 120/208Y
1 -75 KVA-COMP FEED-THRU TRANS, 12470-120/208 VOLTS, PAD MOUNT @ 83,32 $83,32
(FPN430075)
Transformer Number:432133A8 @ 277/480Y
1 -75 KVA-COMP FEED-THRU TRANS, 12470-277/480 VOLTS, PAD MOUNT @ 96.15 $96.15
(FPN530075)
Total $293.30
2.Standard Transformer Facilities:
1 -300 KVA-COMP FEED-THRU TRANS, 12470-277/480 VOLTS, PAD MOUNT @ 141.48 $141.48
(FPN530300)
Total $141.48
3.Additional Required Facilities:
Total $0.00
4.Additional Standard Facilities:
Total $0.00
5. Frozen Transformer Rental: $0.00
6. Monthly Transformer Rental: $151,82
(item 1 minus item 2, minus item 5)
7. Monthly Switchgear Rental: $0.00
(item 3-item 4)
8. Capacitor Facilities: $0.00
0 @$0.13
9. Total Monthly Rental: $151.82
(item 6 plus item 7 plus item 8)
All such facilities shall remain property of the Company.
The monthly rental specified is based on the Company's standard rental charges applicable on the date hereof and is subject
to change. The actual rental charges shall be those in effect at the time of the installation of the facilities; and whenever there
is a change in facilities which require a different rental payment, the rental charge for all facilities of the same class will be
based on charges in effect at that time. The monthly rental is in addition to all other charges under the contract to which this
rider applies.
Customer Name: CITY OF ELGIN
Address: 250 S GROVE AVE, ELGIN
Dated: 06/11/2009
METER LEASE SERVICE - RIDER ML
S.E.R.#:WF09O153
The Company agrees to furnish and maintain on the Customer's premises metering equipment in excess of a standard
metering installation to measure the electricity supplied to the Customer, as described below, for which the Customer agrees
to pay a total monthly rental of$29.44
1. Required Metering Equipment
METER
3-3 PH,WATT-HOUR METER INTERVAL DEMAND REGISTER CLASS 10 OR 20 @$11.63 (LJ) $34.89
CURRENT TRANSFORMER
9-480V&UNDER,0-1200A,INDOOR CURRENT TRANS @$1.03(CA) $9.27
Total $44.16
2. Standard Metering Equipment
METER
1 -3 PH,WATT-HOUR METER INTERVAL DEMAND REGISTER CLASS 10 OR 20 @$11.63(LJ) $11.63
CURRENTTRANSFORMER
3-480V&UNDER,0-1200A,INDOOR CURRENT TRANS @$1.03(CA) $3.09
Total $14.72
3. Total Monthly Rental: $29.44
(item 1 minus Item 2)
The Customer agrees to furnish and install the wiring, supports, and other appurtenances, as specified by the Company,
necessary for the metering installation or installations.
The monthly rental specified above is in addition to all other charges under the contract to which this rider is attached and
this contract rider is subject to change as provided in such contract.
Customer's Name: CITY OF ELGIN
Address: 250 S GROVE AVE
ELGIN
Dated: 06/11/2009
Service Estimate Request No.: WF090153