HomeMy WebLinkAbout20153071.tiff RESOLUTION
RE: APPROVE CONSTRUCTION AGREEMENT AND AUTHORIZE CHAIR PRO-TEM 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 a Construction 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 Public Works, and Public Service Company of Colorado,
dba Xcel Energy, commencing upon full execution of signatures, 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 Construction 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 Public Works, and Public Service Company of Colorado, dba Xcel Energy, be, and
hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair Pro-Tem 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 23rd day of September, A.D., 2015.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: -4 ,/444) EXCUSED
Barbara Kirkmeyer, Chair
Weld County Clerk to the Board
' Mike Freeman, Pro-Tem
BY:
D-.1ty Clerk to the :•ard �1-
,���• n P. Conway
APP: : . �g •- ,• ; 1861 I/
•:'`�'�'_.:` c��C� /
% ,� ,dao‘� , li A. Cozad
C••nt attorney ��'I , , ` Cs
teve Moreno
/CY;
Date of signature:
C:u 'old 2015-3071
�G• 1.1� EG0072
MEMORANDUM
TO: Clerk to the Board DATE: September 17, 2015
��_cou_NTY FROM: Mike Bedell, Public Works Department
SUBJECT: Agenda Item
RE: Bridge 50.5/39A Bridge Replacement
Xcel Energy Construction Agreement for Bridge 50.5/39A bridge replacement.
Enclosed are two signed original agreements. Please return one signed original to Public Works.
RECEIVED
SEP 1 8 2015
WELD COUNTY
COMMISSIONERS
M:\Francie\AGENDA memos\Mike Bedell-AgendaMemo.doc
2015-3071
,44
44
BOARD OF COUNTY COMMISSIONERS
REVIEW/WORK SESSION REQUEST
RE: Bridge 50.5/39A Replacement—Xcel Energy Relocation Agreemen
t
DEPARTMENT: PUBLIC WORKS DATE: 9/8/2015
I PERSON(S) REQUESTING: Elizabeth Belford and Michael Bedell
Brief description of the problem/issue:
Bridge 50.5/39A is in poor condition and needs replaced. The planned replacement by our Bridge Crew
requires relocation of two power poles and overhead electric lines by Xcel Energy. These facilities are located
on private property and the best solution to this problem for the long-term is to have the power lines relocated
underground (see attached drawing). Xcel Energy has prepared a design and estimates the relocation work will
cost $16,438.55 (see attached Construction Agreement). For safety purposes, the Bridge Crew needs this
relocation work to be completed prior to starting the bridge replacement construction.
What options exist for the Board:
Option l: The Board can approve the attached Construction Agreement, which will allow Xcel Energy to
complete the relocation work.
Option 2: The Board can deny this proposed Construction Agreement.
Option 3: The Board can offer alternative ideas.
Recommendation to the Board:
If recommended by the BOCC, Public Works will submit the attached Construction Agreement for inclusion on
the next available BOCC Meeting Agenda.
Approve Schedule
4 Recommendation Work Session Comments
Barbara Kirkmeyer, Chair t6111 044:4 'lin sidA
i)(4/71.4457 l S .
Mike Freeman, Pro-Tern Me
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ySean P. Conway
J ir
Steve Moreno —. —
1 Julie Cozad __ ti -- w` ' r.Atin
i
Attachments: Xcel Power Relocation Drawing(918/15) '9f- t���
Xcel Construction Agreement(9,2/15) '-i^t.�3 ; X-a-C ,4-'i-x�` 1-4
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Xcel Energy® CONSTRUCTION AGREEMENT
CONTRACT NO.494853
This Construction Agreement, "Construction Agreement", is between Public Service Company of Colorado, a
Colorado corporation, d.b.a. XCEL ENERGY, hereinafter referred to as "Company" and Weld County Public
Works, a Municipality hereinafter referred to as "Applicant". The Applicant has requested the Company
construct and install the necessary Electric Distribution Line Extension, hereinafter referred to as "Extension",to
provide Plan A—Permanent Service or, under limited conditions, Plan B—Indeterminate Service, to serve 19532
Coutny Road 50.5 in the City of La Salle in the County of Weld in the State of Colorado. This Construction
Contract is subject to the Company's Distribution Extension Policy, as stated in the Company's tariffs, available
for inspection at the Colorado Public Utilities Commission and on the Company's website, and such policy and
tariffs are incorporated herein by this reference. Any capitalized term in this Construction Agreement that is not
expressly defined herein shall have the meaning set forth in our policy and tariffs.
The Company has completed the engineering design and cost estimate to provide the Extension based
upon the information Applicant has provided and the service requirements that you have requested. The
estimated total Construction Cost to provide the requested Extension is $16,438.55. Based upon the information
provided, the Company's design for the Extension includes 0 Meters and/or N/A service. Your
potentially awardable Construction Allowance for such number of meters, and/or demand for Electric service,
based on the rate schedule as applicable for the Electric service for which the Extension is being constructed, is
$0.00. The Applicant shall pay the Company the following Construction Payment of$16,438.55 before approval
of this Construction Agreement and commencement of construction. If the terms and conditions for the award of
a one-time Construction Allowance, as discussed further below,have been satisfied; the Construction Payment to
be submitted should be reduced by the Construction Allowance amount above with the Company's approval.
The Company will not approve this Construction Agreement unless and until the following three
requirements have been satisfied: 1) execution and return to Company of this Construction Agreement by
Applicant, and of any other Enclosures that are applicable; 2) receipt by Company of the applicable Construction
Payment; and 3) receipt of Customer Dug Trench Agreement one-line diagrams, load information and any other
necessary information requested by the Company in order to calculate the appropriate equipment needed to
determine the Company's estimate of the Applicant's load. The Construction Payment quoted above shall be
effective for sixty (60) days from the Contract Origination Date set forth below. Should this Construction
Agreement not be returned to,and accepted by,the Company within those 60 days the Construction Costs may be
re-estimated and this Construction Agreement may be terminated and replaced with a new Construction
Agreement.
A Construction Allowance will be calculated and awarded to Applicant as provided by this Construction
Agreement and the Company's aforementioned policy and tariffs. Construction Allowance will be awarded in a
one-time payment if the Company estimates a Permanent Service will be physically connected (ie. a permanent
meter will be set) within one year from the execution of this Construction Contract or upon Company review and
acceptance of a final plat of the development or subdivision that has been approved by the governmental entity
having jurisdiction as applicable. If Construction Allowance is awarded in one payment, Applicant shall not be
entitled to any future Construction Allowance or Refunds with respect to this Extension. Unless and until a one-
time Construction Allowance payment is awarded by the Company, Construction Allowances will be calculated
and awarded on a per-meter and/or volumetric basis, when new permanent meters are set, in conformance with
the aforementioned policies and tariffs. The one-time awardable Construction Allowance may differ from the sum
stated above if the final plat submitted contains different facts or information from that which was originally
provided by Applicant as the basis for this Construction Contract.
In no event will a Construction Allowance be made after ten (10) years from the Extension Completion
Date, as determined from the Company's records. However, if this Extension relates to a Natural Gas Vehicle
Fueling Station or an Electric Vehicle Charging Station, no Construction Allowance will be awardable after five
(5)years from such Extension Completion Date.
Confidential Information-Required Field(to be filled out by the customer)
Revision.\ugust 28,2015—CL\C
CONTRACT NO.494853
Additional payments greater than this estimated Construction Payment 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 or Construction Cost estimate. The Construction Cost stated above does not include special items
such as but not limited to frost or rock conditions. In the event the Company encounters any special items during
construction, the Company shall bill Applicant for such special items as a non-refundable contribution in aid of
construction.
This Construction Contract does not include any Construction Cost of Service Lateral Extensions. Any
costs and payments with respect to Service Lateral Extensions will be calculated and contracted separately from
this Construction Contract.
Applicant may not assign this Construction Contract without the prior written consent of the Company.
Applicant agrees to execute the Company's standard right-of-way agreement granting, free of charge to
Company, any rights-of-way upon, over or under Applicant's property that may be required for Company to
accomplish the objective of this Construction Agreement, to obtain such other rights-of-way, free of charge and
on other terms satisfactory to Company, from other parties as may be required. Applicant recognizes the
Company's ability to perform under this Construction Agreement is contingent upon the obtaining any other
rights-of-way from other parties if required. The Company shall not be required to expend more than
commercially reasonable efforts to assist in the acquisition of any third party right-of-way.
If there is a possibility that other utilities or facilities will be installed jointly with the Extension,
Applicant 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 there is a possibility that the Extension will be constructed during frost conditions, Applicant shall
execute a Frost Agreement and return such with this Construction Agreement. Should Applicant not do so,
Applicant's project may be delayed until frost conditions have ceased and there is no further chance of
encountering frost. Please refer to the Frost Agreement for terms and conditions of that service.
Upon the acceptance of the terms and conditions of this Construction Agreement, Applicant must return
all applicable documents and the Construction Payment, payable to Public Service Company of Colorado, at the
address shown below. The Company is unable to accept checks with any sort of lien waiver because our tariffs do
not allow it, and Applicant agrees that any attempt to create a lien waiver in such a manner (including by any
printed or stamped lien waiver on a check) shall be ineffective and void. After an executed original of this
Construction Agreement,all applicable documentation and the Construction Payment is received and accepted by
the Company and all other prerequisites have been satisfied, a work order will be issued and released to
construction so the Extension can be scheduled. The Company's current lead-time to begin construction after
receiving the non-refundable payment and signed documents is approximately 6-8 weeks. You will be notified of
which week the Applicant's construction is scheduled to begin. If you have any questions regarding this project,
please call a Company representative at 970-213-5743.
The Company looks forward to being your energy provider.
Sincerely,
3/114-)
Shayla Montano
UC Synergetic
Construction Agreement Origination Date: September 2,2015
Mailing address: UC Synergetic
5245 Ronald Reagan Blvd Suite 104
Johnstown,CO 80534
*Confidential Information-Required Field(to be filled out by the customer) 2
Revision August 28,2015—CIAC
CONTRACT NO.494853
Enclosures for this Construction Agreement are indicated below:
Contingency List ® Frost Agreement
Concurrence Drawing ❑ Customer Dug Trench Agreement
❑ Non-refundable Quote Letter(if included,the amount on Extension Agreement(s)and Non-
refundable Quote Letter must be added for total cost of job.)
Applicant has reviewed and approved the terms and conditions of this Construction Agreement. Applicant
submits with this Construction Agreement the applicable Construction Payment amount of$16,438.55. Applicant
will send an original signed copy of this Construction Agreement with the any applicable agreements/documents.
Applicant
SEP 2 3 2015
*Signature: *Date:
*Print Name: Mike Freeman *Title: Chair Pro-Tern
*Mailing address: 1150 0 St P.O. Box 758 �( �
Greeley CD 8061 ttest: dith41 �I• `�Ci�;&k.
/ ` Clerk to he Board::
*Phone: 970-336-7204 ■ t.+` `=�_'-'`'��. :���,J /
` '�%�i►►` �� Deputy Clerk to the Board
Npor
Company Representative 1�n y N QeP
Date: 9/2/15
Name: Pat Kreager
Title: Manager New Business Design
Signature:
*Confidential Information-Required Field(to be filled out by the customer) 3
Revision August 28,2015—CIAC
ao/..- 3071
IN WITNESS WHEREOF, Weld County and xcel Energy have caused this
agreement to be executed this 23rd day of September of , 2015.
APPROVED AS T 1 BS 1 ANCE:
E ect f Ic I or Department Head
Al [Pc
Director of General Services
APPROVED AS TO FUNDING:
L
Controller
APPROVED AS TO FORM:
County Attorney
M:\AGREEMENTS\SIGNATURE BLOCKS-SEPARATE PAGE&CHAIR 0NLY\SeparateStaffPage-SignatureBlock.docx
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