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HomeMy WebLinkAbout20090860RESOLUTION RE: APPROVE ELECTRIC DISTRIBUTION FACILITIES EXTENSION AGREEMENT AND AUTHORIZE CHAIR TO SIGN - PUBLIC SERVICE COMPANY OF COLORADO, DBA XCEL ENERGY WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with an Electric Distribution Facilities Extension Agreement between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Buildings and Grounds, and Public Service Company of Colorado, dba Xcel Energy, commencing upon full execution of said agreement, with further terms and conditions being as stated in said agreement, and WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Electric Distribution Facilities Extension Agreement between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Buildings and Grounds, and Public Service Company of Colorado, dba Xcel Energy, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 13th day of April, A.D., 2009. BOARD OF COUNTY COMMISSIONERS ATTEST: fia Weld County Clerk to the Board,' BY• Deputy Clerk to the Boar APPRO D AS TO -FORM: 'CountyAtY Date of signature. 1/ 4i WELD O yI' , COLORADO William F. Garcia, Chair as ou as Rade Cher, F Fb a Kirkmeyer David E. Long 2009-0860 BG0012 60 ; k3±GCa.6L.:i. m 4 -F( --,c/ 7 an Q Xcel Energ} 1j" LOB O3 -8 P I: I A April I, 2009 Weld County Public Works Pat Persichino PO Box 758 Greeley, CO 80632 APR - 7 2009 Subject: Request For New Electric Distribution at 11t° Ave and I -I St Weld County Community Corrections Building. Dear Pat: I have completed the engineering design and cost estimate to provide Electric service based upon information you have provided and the service requirements that you requested. The cost to provide the requested Distribution is $34,842.00, of which $34,842.00 may be refundable and is the amount indicated on the Extension Agreement. The remaining amount of $0.00 is non-refundable. Two Electric Extension Agreements are enclosed, each reflecting the amount subject to possible refund. The Construction Payment may be refundable in part or in its entirety during a ten-year period commencing with the Extension Completion Date and in accordance with the terms and conditions of this agreement. After our discussion and the explanation of the two options in Section 3 c) of the Extension Agreement, it was decided that option 2 is best for your situation. When signing the agreements, please initial next to the checked box in Section 3 c) indicating your concurrence and agreement with your choice. If you fail to initial next to the checked box, the Agreements will be returned to you. If you need further explanation of Option I and/or Option 2 or want to change your selection, please contact me at the number listed below. Service lateral installations for this project will be billed separately. Additional payments greater than this estimate may be required if customer associated delays, obstructions, permit fees, or design changes in the field are encountered which are not included in the original job estimate. If this quote has not been signed and returned within 60 days from the date on this letter, the job will be re -estimated at the time of acceptance and you will be billed for the new amount. NOTE: You must personally contact the local telephone company, the local cable TV company and/or any other utility company to arrange for the installation and payment of any costs of their facilities if they are to be installed along with the Xcel Energy facilities. If there is a possibility that this project will be constructed during frost conditions and you agree to pay Frost Charges, you must sign and return the enclosed Frost Agreement. You will be billed for frost of 7 inches deep or more that is encountered, snow removal and/or any additional costs incurred while providing service. If you choose not to pay for the additional costs that may be incurred for construction during frost conditions, your project may be delayed until frost conditions have ceased and there is no further chance of encountering frost. If you accept the above costs and system &sign, please sign the Extension Agreements, which are enclosed, sign and date the second page of this letter and return all the documents to me along with the payment made out to Public Service Company of Colorado, at the address shown below. We are unable to accept checks with any sort of Lien Waiver because our Tariffs do not make an allowance for PSCo to accept checks printed or stamped with a lien waiver. After the signed and dated documents and total payment of $34,842.00 are received, a work order will be issued and released to construction so your project can be scheduled. Our current lead-time to begin construction after receiving the payment and signed documents is approximately 5 weeks. You will be notified of which week that your construction is scheduled to begin as soon as it is available. If you have any questions regarding this project, please call me at970-395-1207. 2009-0860 We look forward to being your energy provi±r. Sincerely, Terry E Stencel Designer Mailing address: Public Service Company of Colorado 1500 6th Ave Greeley, CO 80631 Enclosures: Extension Agreement Contingency List Concurrence Drawing Frost Agreement Joint Trench Agreement Subject: Request For New Electric Extension at 11th Ave and H St Weld County Community Corrections Building The Extension Number is 278040 Extension Cost: $34,842.00 I have reviewed and approve of the enclosed design. I accept the cost of $34,842.00 and this amount will be paid to Public Service Company of Colorado in full prior to the scheduled construction date. I will send a signed copy of this letter with the applicable agreements. Sb *Signature: *Print Name: William F. Garcia *Mailing address: 915 10th Street P.O. Box 758 *Phone: 9 Greeley, Colorado 80632 0-356-4000 Ext 4200 * Required Field (to be filled out by the customer) *Date: 04/13/2009 *Title: Chair, Board of County Commissioners "In order for ds to better serve you, please notify the Xcel Energy representative listed above if you have any changes during the ten (10) y ar life of the extension, i.e.: address change, business name change, buyout, bankruptcy or dissolutions. Your company name and/or address must match the Applicant signature block on the bottom right of the Gas/Electric Extension Agreement. Notification of any changes listed above will prevent any lapse of communication and correspondence if you are due any refunds or if Xcel Energy needs to contact you for ary reason concerning your extension." 5,1609 -CJ ELECTRIC DISTRIBUTION FACILITIES EXTENSION AGREEMENT EXT. NO. 278040 THIS AGREEMENT, made this 1st day of April 2009, by and between PUBLIC SERVICE COMPANY OF COLORADO, a Colorado corporation, d/b/a XCEL ENERGY, hereinafter referred to as "Company" and Weld County, a Governmental Agency hereinafter referred to as "Applicant", WITNESSETH: WHEREAS, Company is a public utility supplying electric energy and electric service to various areas in the State of Colorado, and WHEREAS, Applicant has requested Company to construct and install the necessary electric distribution facilities to provide Permanent service to serve Weld County Community Corrections Building in City of Greeley and the State of Colorado. WHEREAS, Company's Service Connection and Distribution Line Extension Policy requires a Construction Payment for the installation of said facilities. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, it is mutually agreed as follows: 1) Company agrees to construct with reasonable promptness, the distribution facilities for which the Applicant has made the Construction Payment, (excluding service laterals), and to notify Applicant when construction is completed and service is available (the Extension Completion Date). 2) Applicant agrees, upon execution of this Agreement, to pay to Company the Construction Payment in the amount of ***Thirty four thousand eight hundred forty two dollars and no cents*** ($34,842.00). i 3) (a) Said Construction Payment may be refundable to Applicant in part or in its entirety during a ten (10) year period commencing with the Extension Completion Date. Any possible refunds will be made in accordance with the terms and conditions of the Company's Service Connection and Distribution Line Extension Policy. This policy is on file with the Public Utilities Commission of the State of Colorado and is available for inspection. In no event will any refund exceed the Construction Payment nor will any refund be made after ten (10) years from the Extension Completion Date, as determined from the Company's records. (b) In the alternative, the Applicant can directly pass through to purchasers of Applicant's property covered by this extension any costs associated with the extension. (c) Applicant elects between 3 (a) and 3 (b) above as follows: 1) Company shall collect participation charges caused by connections to the extension covered by this Agreement and refund those amounts to Applicant pursuant to 3 (a) herein. VC 2) Company shall not collect participation charges caused by connections to the extension covered by this Agreement. Applicant hereby represents that costs associated with this extension shall be collected directly by Applicant pursuant to 3 (b) above. 4) Nothing in this Agreement shall be construed to waive the right of refund, if any, which may accrue as a result of excess construction allowance associated with distribution and /or service lateral installations pursuant to the Rules and Regulations currently on file with the Public Utilities Commission of the State of Colorado. 5) Applicant agrees to execute the Company's standard right-of-way agreements granting free of charge to Company, such rights -of -way from other parties as may be required, and recognizes this Agreement is contingent upon Company obtaining any other rights -of -way from other parties if required. 6) In the event Applicant should require additional electric distribution facilities other than those for which the Construction Payment has been made hereunder, such facilities shall be provided by separate agreements. IT IS MUTUALLY AGREED that the application and interpretation of this Agreement, including the definitions of terms used herein, shall be in accordance with Company's Electric Service Rules and Regulations, including Company's Service Connection and Distribution Line Extension Policy, on file and in effect from time to time with the Public Utilities Commission of the State of Colorado and that said Rules and Regulations constitute a part of this Agreement and are binding on the parties hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. Steve Roth Design Manager - Fort Collins, Greeley Public Service Company of Colorado Operating Company NAME BY: APPLICANT: : Ve Coun Public Works /Board of County Commissioner (SIGN:TURI':1 NAME/TITLE: William F. Garcia, Chair STREET: PO Box 758 CITY/STATE: Greeley, CO ZIP: 80632 PHONE: 970-356-4000 04/13/2009 (PRINT) Rev. 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