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Home My WebLink AboutResolution - 2007-R0158 - Ratify Application By SW Public Service Co. - Rate Changes, Fuel Reconciliation - 04_12_2007Resolution No. 2007-RO158 April 12, 2007 Item No. 6.4 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Unanimous Stipulation filed in SOAH Docket No. 473-06-2536/PUC Docket No. 32766 in relation to the Application of Southwestern Public Service Company for: (1) Authority to Change Rates; (2) Reconciliation of Its Fuel Costs for 2004 and 2005; (3) Authority to Revise the Semi -Annual Formulae Originally Approved in Docket No. 27751 and executed on behalf of the City of Lubbock be and is hereby ratified by the City Council of the City of Lubbock for and on behalf of the City of Lubbock, which is attached hereto and which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 12th ATTEST: Reb cca Garza, City Secretary APPROVED AS TO CONTENT: Lee Ann Dumbauld City Manager APPROVED AS TO FORM: Matthew L. Wade Natural Resources Attorney ml/ccdocs/sP5 rate case -stipulation res April 9, 2007 day of April , 2007. 10 .... David A. Ddiller, Mayor Resolution No. 2007—RO158 April 12, 2007 Item No. 6.4 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Unanimous Stipulation filed in SOAH Docket No. 473-06-2536/PUC Docket No. 32766 in relation to the Application of Southwestern Public Service Company for: (1) Authority to Change Rates; (2) Reconciliation of Its Fuel Costs for 2004 and 2005; (3) Authority to Revise the Semi -Annual Formulae Originally Approved in Docket No. 27751 and executed on behalf of the City of Lubbock be and is hereby ratified by the City Council of the City of Lubbock for and on behalf of the City of Lubbock, which is attached hereto and which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 12th ATTEST: CQj=", __ Reb cca Garza, City Secretary APPROVED AS TO CONTENT: Lee Ann Dumbauld City Manager APPROVED AS TO FORM: Matthew L. Wade Natural Resources Attorney ml/ccdocs/SPS rate case -stipulation res April 9, 2007 day of April , 2007. David A. Nfiller, Mayor Resolution No. 2007—RO158 SOAH DOCKET NO.473-06-2536 PUC DOCKET NO.32766 APPLICATION OF § SOUTHWESTERN PUBLIC § SERVICE COMPANY FOR: § BEFORE THE STATE OFFICE (1) AUTHORITY TO CHANGE § u o RATES; (2) RECONCILIATION OF § ITS FUEL COSTS FOR 2004 AND § OF -n� 6'�1 2005; (3) AUTHORITY TO REVISE THE SEMI-ANNUAL FORMULAE ORIGINALLY APPROVED IN § ADMINISTRATIVE HEARIN4, DOCKET NO.27751 USED TO § ADJUST ITS FUEL FACTORS; AND § `F (4) RELATED RELIEF § Ln UNANIMOUS STIPULATION (Filename: 7H9.doc; Total Pages: 214) Table of Contents UNANIMOUS STIPULATION..................................................................................................... 3 Section 1. Agreement as to Base Rate Increase........................................................................ 4 Section 2. Effective Date of Rate Increase............................................................................... 4 Section3. Rate Design.............................................................................................................. 5 Section 4. Resolution of Accounting Issues............................................................................. 5 Section 5. Service Commitments.............................................................................................. 5 Section 6. 2004-2005 Reconciliation Request.......................................................................... 6 Section 7. Electrical Line Losses.............................................................................................. 7 Section 8. Resolution of Future Fuel Reconciliation Issues ..................................................... 7 Section 9. System Average Fuel Cost Assignment to Existing Wholesale Contracts .............. 8 Section 10. Replacement Wholesale Agreements Eligible for System Average Fuel CostAssignment...................................................................................................... 9 Section 11. Assignment of System Average Fuel Cost to Other Agreements ......................... 10 Section 12. Limitations on Assignment of System Average Fuel Cost .................................... 10 Section 13. Litigation of the EPE Agreement.......................................................................... 12 Section14. Fuel Factor............................................................................................................. 12 Section 15. Request to Share in Margins from Wholesale Non -Firm Sales ......................... 13 Section 16. Electric Commodity Trading Margins................................................................... 13 Section 17. Reclassification of Facilities to Meet the Southwest Power Pool's Definition of Transmission Facilities.................................................................... 13 Section 18. Reclassification of Substation Equipment............................................................. 13 Section 19. Lea Power Partners................................................................................................ 13 SOAR Docket No. 473-06-2536, PUC Docket No. 32766 Unanimous Stipulation G:\Word\2005\0560004\7H9.doe Page l Section 20. _PCRF Allocator.... :................................................................................................... 16 Section 21. Interruptible Credits............................................................................................... 16 Section22. Other Terms........................................................................................................... 17 Section 23. Waiver of Cross-examination................................................................................ 17 Section 24. Obligation to Support this Stipulation ........................................... Section 25. Effect of Modification of Stipulation.................................................................... 17 Section 26. Effect of Stipulation in Other Regulatory Proceedings ......................................... 18 Section 27. Multiple Counterparts............................................................................................ 19 Exhibit A — Revenue Proofs......................................................................................................... 31 ExhibitB — Tariffs........................................................................................................................ 38 Exhibit C — Depreciation Rates................................................................................................... 201 Exhibit D — Service Quality Commitments................................................................................ 209 Exhibit E — Fuel Factor Formulae............................................................................................... 211 Certificateof Service.................................................................................................................. 214 SOAH Docket No. 473-06-2536; PUC Docket No. 32766 Unanimous Stipulation GAWord\2005\0560004\7H9.doc Page 2 SOAH DOCKET NO.473-06-2536 PUC DOCKET NO.32766 APPLICATION OF § SOUTHWESTERN PUBLIC § SERVICE COMPANY FOR: § (1) AUTHORITY TO CHANGE § RATES; (2) RECONCILIATION OF § ITS FUEL COSTS FOR 2004 AND § 2005; (3) AUTHORITY TO REVISE § THE SEMI-ANNUAL FORMULAE § ORIGINALLY APPROVED IN § DOCKET NO.27751 USED TO § ADJUST ITS FUEL FACTORS; AND § (4) RELATED RELIEF § BEFORE THE STATE OFFICE OF ADMINISTRATIVE HEARINGS UNANIMOUS STIPULATION The parties to this Unanimous Stipulation, which is dated as of March 26, 2007, are the Staff (Staff) of the Public Utility Commission of Texas (Commission), Southwestern Public Service Company (SPS), the Alliance of Xcel Municipalities (AXM), the Office of Public Utility Counsel (OPC), Texas Industrial Energy Consumers (TIEC), Occidental Permian Ltd. (OPL), the State of Texas (State), West Texas Municipal Power Agency (WTMPA), Canadian River Municipal Water Authority (CRMWA),. Texas Cotton Ginners' Association (TCGA), Golden Spread Electric Cooperative, Inc. (Golden Spread), Tri-County Electric Cooperative, Inc. (Tri-County), City of Lubbock (Lubbock), and Texas Farm Bureau (Farm Bureau). The foregoing shall be referred to individually either as a Signatory or by the acronym assigned above, and collectively as the Signatories. The Signatories submit this stipulation to the Commission as representing a just and reasonable disposition of the issues related to this docket consistent with the public interest; the Signatories request approval of this stipulation and entry of findings of fact and conclusions of law consistent with that approval. On May 31, 2006, pursuant to Sections 36.001-36.111 and 36.203 of the Public Utility Regulatory Act, TEX. UTIL. CODE ANN. § 11.001 et seq. (Vernon 1998 & Supp. 2005) (PURA), SPS filed its application with the Commission seeking authority to: (1) revise its base rates; (2) reconcile its fuel and purchased power costs for 2004 and 2005; (3) revise the semi-annual SOAH Docket No. 473-06-2536, PUCDocket No. 32766 Unanimous Stipulation GAWord\2005\0560004\7H9.doc Page 3 formulae originally approved in Docket No. 27751 used to adjust its fuel factors; and (4) related relief. By this stipulation, the Signatories resolve all issues among them related to SPS's application, and agree as follows: Section 1. Agreement as to Base Rate Increase SPS will institute an overall increase in base rate revenues of approximately $23 million in its Texas retail service area, as more fully described in this stipulation. This base rate revenue increase, which is a negotiated dollar amount, reflects adjusting for movements from fuel to base rate treatment of the following: (a) TUCO Inc. (TUCO) non-traditional fuel costs (costs other than mine costs, freight costs, and losses); and (b) Public Service Company of New Mexico (PNM) demand charge credits. Section 2. Effective Date of Rate Increase The rate increase agreed to in this stipulation (as well as the treatment of the TUCO costs and PNM credits as base rate items) shall be effective for usage on and after April 1, 2007, or on such later date as may be approved by the Presiding Officer. The Signatories acknowledge that the time required to obtain all necessary approvals of this stipulation may extend beyond that date; therefore, immediately after execution of this stipulation by all parties, SPS will file, and the remaining Signatories through this Stipulation will support, a Joint Petition for Interim Rates seeking authorization for interim rates reflecting the rate increase described in this stipulation. The Joint Petition for Interim Rates also will request that: (a) the interim rates be made effective April 1, 2007, and that they remain in effect until superseded by the Commission's final order approving rates as described in this stipulation; and (b) if the Commission enters an order inconsistent with this stipulation, the interim rates will be void ab initio and SPS will refund the over -recovery (if any) through a refund over a period equal to that in which the over -recovery occurred beginning with the first full calendar month after the Commission order becomes final. If the interim order resulting from the Joint Petition for Interim Rates is inconsistent with this stipulation, any Signatory may request vacation of the order ab initio on the basis that it is not the result of agreement of the parties as required by P.U.C. PROC. R. 22.125(c) and the remaining Signatories shall support or not oppose the request. SOAH Docket No. 473-06-2536, PUC Docket No. 32766 Unanimous Stipulation G:\Word\2005\0560004\7H9.doc Page 4 Section 3. Rate Design The annual base rate revenue increase of approximately $23 million will be allocated and implemented through the rate design described in Exhibits A and B to this stipulation. The Signatories acknowledge that the tariff sheets set forth in Exhibit B contain a new Transmission Qualifying Facility Non -firm Standby Service tariff. Section 4. Resolution of Accounting Issues The Signatories have reached the following specific agreements as a part of the overall resolution of this proceeding: (a) Depreciation Rates. Effective for 2007, SPS will adopt new depreciation rates set forth in Exhibit C to this stipulation, which are the depreciation rates recommended in this docket by Staff witness Nara Srinivasa. If SPS's interim rates are voided as set forth in Section 2, then SPS shall continue to book the depreciation rates in effect on the date it filed this proceeding for all time periods in which the interim rates were in effect. (b) Amortization Period for Rate Case Expense. SPS shall amortize rate case expenses over four years, using its and AXM's actual rate case expense as of the end of briefing the litigated issue in this proceeding. Expenses incurred after that time will be deferred to SPS's next base rate case. (c) Franchise Fees. SPS will continue its prior practices for recovering municipal franchise fees payments. Franchise fees of $6,247,329 will continue to be collected in base rates. All current and future franchise fees not included in base rates shall be surcharged in the municipality where the excess franchise fee is authorized. The amount being surcharged for the Test Year was $4,269,293. (d) AFUDC-Equity Calculation. The equity capital component used prospectively for AFUDC calculation shall be 10.4 percent. By this agreement, however, the Signatories do not represent that this value represents SPS's actual cost of equity capital or that this rate of return on common equity was used to determine the base rate revenue requirement and rate levels the Signatories have agreed to in this stipulation. (e) Demand -side Management. The total amount associated with the regulatory asset for DSM capital expenditures ($20,333,344 total Company as of the Test Year) shall be amortized over ten years. Findings of Fact Nos. 29, 30, 31, and 32 in the Commissions final order in Docket No. 11520, and Findings of Fact Nos. 11 and 13 in the Commissions final order in Docket No. 13827 are not altered or otherwise affected by this stipulation. Section 5. Service Commitments SPS will implement the service quality commitments shown in Exhibit D. As a part of this effort, SPS commits that it will spend an additional $5 million per year in 2007 and in 2008 SOAK Docket No. 473-06-2536, PUC Docket No. 32766 Unanimous Stipulation G:\Word\2005\0560004\7H9.doc Page 5 on service quality primarily on its distribution system. SPS will work with the Signatories to ensure both that the spending is properly targeted and that SPS complies with its obligations as set forth in this section. Section 6. 2004-2005 Reconciliation Request The Signatories agree to a black box settlement dollar amount of a $27 million reduction in eligible fuel expense for the reconciliation period from the amount SPS originally requested in this proceeding, as shown in the following table: Description Amount December 31, 2003, Under -recovery Balance (excluding interest) ($23,842,076.55) Fuel and Purchase Power Energy Cost: 1/04-12/05 ($957,459,548.95) Fuel Revenue Collected: 1/04-12/05 $731,464,991.20 Surcharge Collections: 1/04-12/05 $97,503,584.80 Margin Credit Transfers: 1/04-12/05 $585,081.63 Docket No. 29801 Credit Adjustments — Texas Allocated Amount $13,750,025.52 Docket No. 32766 - Reduction in Eligible Fuel Expense $27,000,000.00 December 31, 2005, Under -recovery balance (excluding interest) ($110,997,942.35) This black box settlement resolves all fuel reconciliation issues concerning Texas retail rates relating to the 2004-2005 reconciliation period, including: electrical line losses; coal mitigation; coal standstill agreements with Arch; the Golden Spread Commitment and Dispatch Agreement; the recovery of variable operation and maintenance (O&M) expense in eligible fuel; imputed capacity associated with certain block energy purchases; costs associated with purchases from Borger Energy Associates' Blackhawk facility; the wholesale sales agreement with the County of Los Alamos, New Mexico; SPS's Wholesale Experimental Sales Rider; corrected calculation of contracts assigned incremental costs; and assignment of System Average Fuel Cost (as defined in Section 9) versus assignment of incremental fuel cost to wholesale sales. SOAR Docket No. 473-06-2536; PUC Docket No. 32766 Unanimous Stipulation G:\Word\2005\0560004\7H9.doc Page 6 Section 7. Electrical Line Losses The Signatories agree that electrical line losses included in SPS's current fuel factors shall remain in effect through April 30, 2007. SPS shall file a new electrical line loss study (2007 Study) for calendar year 2006 on May 1, 2007, or as soon thereafter as possible, but in any event no later than July 1, 2007. SPS agrees that all load, including all WTMPA load, shall be assigned voltage adjusted line losses for purposes of this study. The 2007 Study will be filed with the Commission for approval and shall be subject to challenge by the Commission Staff and intervenors in that proceeding. The outcome of the line loss determination in this future proceeding will not affect the base rates determined in Docket No. 32766 and will be effective as of May 1, 2007, on a going -forward basis. The line losses resulting from this future proceeding shall be recoverable through future fuel proceedings. SPS will file a line loss study and an application for approval of new line loss factors with the Commission to incorporate the impact of the Lea Power Partners Hobbs Generating Facility, with line losses determined in that proceeding to be effective as of the commercial operation date of the Lea Power Partners facility. The Signatories recognize that SPS may file this line loss study after observing actual operating experience for one year after the Lea Power Partners facility becomes operational, but the filing shall occur no later than 18 months after the Lea Power Partners facility achieves commercial operation. The Signatories may intervene in that proceeding, and any party to that proceeding may challenge the line loss study and the proposed loss factors. Nothing in this Stipulation is intended to preclude any party from raising any issue concerning the determination of loss factors in that proceeding. Section 8. Resolution of Future Fuel Reconciliation Issues SPS agrees that it will reduce eligible fuel expense in its fuel reconciliation proceeding covering the 2006-2007 time period by $2.3 million. For this consideration (as well as the other consideration stated in this stipulation), the Signatories agree that the following issues are resolved as stated below for future fuel reconciliation proceedings before the Commission: (a) All issues related to the prudence of the decision to enter into the 2001, 2003, 2005, and 2006 Arch contracts that were provided in the rate filing package, in response to discovery, or the 2006 Standstill Agreements referenced in Thomas A. lmbler's and Thomas Crowley's Rebuttal Testimony and provided through supplemental discovery (i.e. those agreements known to the parties as of the date of this stipulation) are resolved on a going -forward basis through the end of 2010. SOAH Docket No. 473-06-2536; PUC Docket No. 32766 Unanimous Stipulation GAWord\2005\0560004\7H9.doc Page 7 Parties may challenge the prudence of any Arch coal contract (including those referenced above) relating to fuel costs incurred under these agreements after 2010. Nothing in this stipulation limits the ability of parties to challenge costs incurred through 2010 associated with the ongoing administration of these agreements in any appropriate proceeding; (b) All issues related to the 2000 Amendment to the Golden Spread Commitment and Dispatch Agreement are resolved for the period 2004-2007; and (c) SPS agrees to move variable O&M expense under long-term purchased power agreements currently recovered through fuel into base rates in its next general rate case; however, these amounts remain recoverable in fuel until the effective date of the final rate change in that proceeding (at which time fuel recovery of these costs shall terminate). The prudence of, and whether a cost is, variable O&M expense are subject to review in future fuel reconciliation proceedings. Section 9. System Average Fuel Cost Assignment to Existing Wholesale Contracts (a) "System Average Fuel Cost" for purposes of this stipulation shall mean the cost of fuel and purchased energy procured to serve retail and wholesale sales for which this stipulation pen -nits the assignment of system average fuel cost, all consistent with the types of costs permitted to be recovered as Eligible Fuel Expense pursuant to P.U.C. SUBST. R. 25.236. (b) For the purpose of this and future fuel reconciliation proceedings before the Commission, the Signatories stipulate that on a going -forward basis, sales by SPS under existing contracts to Central Valley Electric Cooperative, Inc., Farmers Electric Cooperative, Inc.,' Lea County Electric Cooperative, Inc., Roosevelt County Electric Cooperative, Inc., Golden Spread, Cap Rock Energy, WTMPA, PNM, and Tri-County (as well as amendments to such contracts that do not adversely affect System Average Fuel Cost and other SPS retail to wholesale transfers that may occur that would not adversely affect System Average Fuel Cost, such as a sale of a part of SPS's distribution system) (collectively, Average Cost Eligible Contracts) may be assigned System Average Fuel Cost for the remaining term of the existing agreements; provided, however, that SPS will not assign System Average Fuel Cost to sales, if any, under the Experimental Sales Rider to the wholesale full -requirements contracts. Successors and assigns to Average Cost Eligible Contracts shall continue to qualify for assignment of System Average The Signatories recognize that Farmers Electric Cooperative, Inc., provides station power service to a wind farm located in PNM's control area, but that the power is purchased from SPS. The Signatories acknowledge that this service receives System Average Fuel Cost and shall not affect the fuel cost allocation permitted by this stipulation. SOAH Docket No. 473-06-2536, PUC Docket No. 32766 Unanimous Stipulation G:\Word\2005\0560004\7H9.doc Page 8 Fuel Cost if the succession or assignment: (1) does not change how the power and energy sold under the contract was utilized on the effective date of this stipulation, and (2) does not adversely affect System Average Fuel Cost. (c) The Signatories acknowledge that power sales to WTMPA by SPS under its current 15-year full requirements contract shall be assigned System Average Fuel Costs on an ongoing basis for the remainder of the contract term for purposes of determining Texas eligible fuel expense, but shall be subject to the conditions set forth in this paragraph. Beginning January 1, 2007, SPS will credit SPS's Texas retail fuel costs with 39 percent of any non -fuel revenue (including capacity and energy charges) that exceeds the amount of non -fuel charges that would be applicable under SPS's lowest then -currently effective FERC cost of service rate for full requirements service, recognizing that this amount may reach zero at some point during the term of the contract with WTMPA. If the WTMPA rates are converted to cost -based rates by agreement between SPS and WTMPA that results in a decrease in the rate charged by SPS to WTMPA or are otherwise reduced by agreement of SPS and WTMPA such that the resulting rates are less than the otherwise effective market -based rates upon conversion, the above -described margin -sharing will continue as if the rate reduction had not occurred. (d) The treatment of SPS's current sale to El Paso Electric Company (EPE) is described in Section 13, below. Section 10. Replacement Wholesale Agreements Eligible for System Average Fuel Cost Assignment For purposes of future fuel reconciliation proceedings before the Commission, the Signatories stipulate that if SPS elects to make or is required to make sales under any replacement agreement (which may take the form of a contract extension) for any Average Cost Eligible Contract within the geographic footprint of the SPS control area as it `exists on the date of this stipulation (inclusive of any transferred load from SPS retail to SPS wholesale, and exclusive of any loads within the geographic footprint of the SPS control area that are currently connected to a transmission line which is part of a non-SPS-control area), these sales may be assigned System Average Fuel Cost, provided that the replacement agreements (or contract extensions): (a) are cost -based; SOAR Docket No. 473-06-2536; PUC Docket No. 32766 Unanimous Stipulation GAWord\2005\0560004\7H9.doc Page 9 (b) do not exceed current obligations, including retail load growth within the existing SPS control area, of the Average Cost Eligible Contract customer; (c) are for a minimum additional term of five years, but which may include commercially reasonable termination provisions associated with customer needs to plan for and add future generation supplies; (d) may provide for conversions from full requirements service to partial requirements service, where the partial requirements service also represents a comparable use of system fuel and energy resources on the system; and (e) may include customer protections against material changes in future conditions such as implementation of retail competition or the sale of SPS generating assets. The Signatories agree, subject to Section 11, below, that any sales by SPS to EPE or ;PNM under any replacement agreements are not eligible for allocation of System Average Fuel Cost in future Commission proceedings. Section 11. Assignment of System Average Fuel Cost to Other Agreements Any wholesale customer contracts (other than those described in Section 9 or Section 10, above) for which SPS seeks System Average Fuel Cost assignment must pass a system benefit test of rate impacts on other customers, including SPS's retail customers. SPS agrees that it will not assign System Average Fuel Cost to any such contracts for the purpose of setting Texas retail rates unless and until the Commission approves such assignment, after consideration of SPS's system benefit analysis and any objections to the system benefit analysis. Section 12. Limitations on Assignment of System Average Fuel Cost (a) It is the intent of the Signatories that, for purposes of any proceedings before the Commission, System Average Fuel Cost may not be assigned to wholesale sales except to the extent permitted under Sections 9, 10, and 11 of this Stipulation, and subject to the Commission's resolution of the litigated matter set out in Section 13. The Signatories agree that if a customer's contract demand under a wholesale agreement with SPS exceeds its Requirements Load for any period of time (the difference between contract demand and Requirements Load being referred to herein as Excess Power), to the extent that SPS delivers and a customer uses Excess Power for any reason (e.g., resale into the wholesale market) it shall be z Requirements Load is defined as an SPS customer's existing retail and existing contract load, and normal, indigenous growth of that SPS customer's loads, within SPS's existing control area, but excluding existing load that is not currently served by that SPS customer, either as retail load or through a contract. SOAH Docket No. 473-06-2536; PUC Docket No. 32766 Unanimous Stipulation G:\Word\2005\0560004\7H9.doc Page 10 presumed that SPS shall assign incremental fuel costa to such Excess Power sales for the purpose of setting Texas retail rates. Provided, however, that this presumption shall not apply if (1) SPS does not provide a right to Excess Power by contract, and (2) the FERC determines in a final, non -appealable order in a non -settled contested proceeding, initiated by a party other than SPS, that SPS must provide Excess Power at System Average Fuel Cost without restriction. SPS may overcome this presumption in Texas only if the Commission determines, based on a filing by SPS, after appropriate notice, and after any intervenors have an opportunity to be heard on any issues raised by that filing, that a contract including Excess Power sale provisions will provide a system benefit to SPS's retail customers, in which case SPS may assign System Average Fuel Cost to such Excess Power sales. Nothing in this Section 12 shall be construed to create any entitlement to Excess Power for any party. To the extent that it is shown that energy sold by SPS to any wholesale customer is used for purposes other than those allowed System Average Fuel Cost assignment in Sections 9-13, those sales shall be assigned incremental fuel cost for the purpose of setting Texas retail rates, calculated in the manner described in the NUS in Docket No. 29801. (b) For the purpose of setting Texas retail rates, SPS shall not assign System Average Fuel Cost to any energy that SPS's wholesale customer uses for any reason inconsistent with the limitations set forth in Section 12(a). The Signatories recognize that: (1) an SPS customer with an Average Cost Eligible Contract may participate in the Southwest Power Pool Energy Imbalance Market or future energy markets, and (2) the sale of power under certain Average Cost Eligible Contracts may make generation owned by wholesale customers, or power purchased by wholesale customers from others, available for sale to the wholesale market that would otherwise be needed by the wholesale customer to serve its Requirements Load, and that such events alone do not change the nature of the cost assignment allowed under Sections 9 and 10. (c) Nothing in this stipulation shall prohibit SPS from requesting Commission approval of System Average Fuel Cost assignment under circumstances where the purpose or effect of a transaction would pass a system benefit test of rate impacts on SPS's retail customers. This provision shall not apply to an Average Cost Eligible Contract as it exists on the date of this stipulation for its original term. SOAH Docket No. 473-06-2536, PUC Docket No. 32766 Unanimous Stipulation G:\Word\2005\0560004\7H9.doc Page 11 Section 13. Litigation of the EPE Agreement a. SPS and the Signatories agree to litigate whether SPS's firm power sales to EPE under the contract now in effect should be assigned System Average Fuel Cost or incremental fuel costs for periods following the effective date of the final order in this docket. b. If, as a result of the litigation contemplated by this section, SPS is entitled to assign System Average Fuel Cost to sales under the current SPS/EPE agreement, beginning January 1, 2007, SPS shall credit to SPS's Texas retail fuel costs 39 percent of any non -fuel revenue received from EPE that exceeds the revenue that would be received under the then -currently effective non -fuel portion of SPS's lowest FERC cost -of -service rate for partial requirements service, recognizing that this amount may reach zero at some point during the term of the agreement. If the EPE rates are converted to cost -based rates by agreement between SPS and EPE that results in a decrease in the rate charged by SPS to EPE or are otherwise reduced by agreement of SPS and EPE, the above described margin -sharing will continue as if such rate reduction had not occurred. C. If, as a result of the litigation contemplated by this section, SPS must assign incremental fuel cost to the sales by SPS to EPE, the Signatories agree that, from the date of the Commission's decision until December 31, 2008, such incremental fuel cost assignment shall be based on a monthly pro-rata share of $6,300,000 per calendar year (the stipulated difference between the incremental and average fuel cost for the EPE sale), and the resulting amount shall be a credit to eligible fuel expense in the fuel reconciliation proceeding or proceedings covering that time period. Beginning on January 1, 2009, SPS shall assign its actual incremental costs in the then current year in a manner that is consistent with the method described in the Non -unanimous Stipulation in Docket No. 29801. d. SPS retains the right to appeal the Commission's decision in Docket No. 32685. Section 14. Fuel Factor SPS shall be entitled to continue using the formulaic approach to calculate its fuel factors as originally approved in Docket No. 27751 and, consistent with the procedures established therein, any party may challenge the formulaic approach in whole or in part. The formulae to be used in the future are shown in Exhibit E. The formulae reflect the movement from fuel to base rates associated with certain TUCO costs and PNM revenue credits described in Section 1. SPS SOAR Docket No. 473-06-2536, PUCDocket No. 32766 Unanimous Stipulation G:\Word\2005\0560004\7H9.doc Page 12 may refile its fuel factor formulae to reflect other changes requested in this proceeding and the Signatories agree to make reasonable efforts to expedite resolution of that proceeding. Section 15. Request to Share in Margins from Wholesale Non -Firm Sales SPS satisfies the criteria set forth in P.U.C. SUBST. R. 25.236(a)(8) to share in the margins from wholesale non -firm sales pursuant to P.U.C. SUBST. R. 25.236(a)(8) and that authority should be granted to SPS. In SPS's next fuel reconciliation proceeding, all parties would be free to advocate that SPS no longer satisfies the criteria set forth in P.U.C. SUBST. R. 25.236(a)(8). Section 16. Electric Commodity Trading Margins The Signatories to the NUS in Docket No. 29801 agree to continue the treatment of Electric Commodity Trading margins set forth in Section 7 of that agreement until the effective date of a Commission order implementing different treatment, if any, in SPS's next general rate case. No other Signatory to this stipulation opposes this treatment. Section 17. Reclassification of Facilities to Meet the Southwest Power Pool's Definition of Transmission Facilities SPS's request to reclassify as distribution facilities transmission lines that are physically radial to load, or operated radially due to a normally open switch in the line, that only serve either one wholesale customer's load or only SPS retail load, is reasonable and should be approved. Section 18. Reclassification of Substation Equipment SPS's request to reclassify certain substation equipment among the production, transmission, and distribution functions to better align the classification with the function being performed is reasonable and should be approved. Section 19. Lea Power Partners (a) Interim Recovery of Lea Power Partners Costs. The Signatories recognize and agree that purchased capacity costs which are prudently incurred are of the same nature and kind of cost that are traditionally allowed recovery in base rates under Texas ratemaking principles. The Signatories agree that SPS may seek interim rates to recover certain purchased power costs associated with capacity payments and fixed O&M payments made under the Power Purchase Agreement between SPS and Lea Power Partners, LLC, (LPP) as set forth in this section. SOAH Docket No. 473-06-2536; PUC Docket No. 32766 Unanimous Stipulation GAWord\2005\0560004\7H9.doc Page 13 (b) General Description of Right to Recover Interim Rates. The Signatories agree that SPS may seek interim rates to recover $1.5 million per month for the period beginning on the later of the Commercial Operation Date of the LPP facility (as defined in the Power Purchase Agreement between SPS and LPP) or the date SPS files its 2008 Texas base rate case. This amount represents a black box compromise and settlement, wherein the Signatories agree that SPS may obtain interim recovery of a portion of the Payments for Contract Capacity and Payments for Dispatchability incurred by SPS under Sections 8.1 and 8.2 of the Power Purchase Agreement (PPA) dated October 20, 2006, between LPP and SPS associated with the Lea Power Partners Hobbs Generation Station project (LPP Project). Subject to the following conditions, the Signatories agree that SPS may file a motion to implement interim rates by which SPS may begin to recover these interim rates 35 days after the filing of its 2008 base rate proceeding, but no earlier than the Commercial Operation Date. Signatories will not object to SPS's request for interim rates in accordance with this agreement, and Signatories will waive any applicable financial thresholds for obtaining interim rates. SPS will not recover any such interim rates until and unless it files a base rate case that includes these LPP Project fixed costs in the proposed revenue requirement. (c) Calculation of Interim Rates. The Signatories agree that interim rates shall be calculated and collected as follows: • During 2008, SPS may recover the economic value of up to $49,296.00 for each day (equivalent to $1.5 million per month) after the Commercial Operation Date of the LPP Project or the date SPS files its next Texas base rate case, whichever is later, subject to the limitations set forth in Section (0 below. This economic value may be recovered through interim rates collected over a shorter period of time, as shown in the example below. The following example illustrates the operation of this subsection: • Assume that the Commercial Operation Date of the LPP Project occurs on June 1, 2008 (213 days before the end of the year), and on that same date SPS files a base rate case and request for interim rates to become effective on July 5, 2008 (35 days from the date the rate case is filed and 179 days before the end of the year). SPS would be allowed recovery of a total of $10,500,000 during 2008 (213 days times $49,296 per day). This results in an unadjusted interim rate recovery level for 2008 of $58,659.22 per day from July 51h through December 31, 2008 ($10,500,000 divided by 179 days). SOAH Docket No. 473-06-2536, PUC Docket No. 32766 Unanimous Stipulation G:\Word\2005\0560004\7H9.doc Page 14 • Beginning January 1, 2009, subject to the limitations set forth in Section (f) below, the monthly recovery under interim rates will be $1.5 million (prorated on a daily basis for partial months) and shall continue until the effective date of base rates determined in the SPS base rate case. (d) Requirement that the LPP Project Be Commercially Operational. The LPP Project must be in combined -cycle commercial operation prior to allowing interim rates. To qualify for recovery of interim rates, SPS must demonstrate that its payments for power from the LPP Project are in accordance with the payment calculations found at Article 8 of the LPP Purchase Power Agreement. (e) Termination of Interim Rate Recovery. The interim cost recovery mechanism authorized by this section shall terminate with the effective date of new base rates authorized in SPS's 2008 rate case proceeding. Any costs attributable to the LPP Project that the Commission deems to be recoverable in base rates shall be recovered through base rates as of the effective date of final rates in that proceeding. (f) Other Conditions. The Signatories agree that: (i) There will be a true -up of the amounts collected through these interim rates in order to ensure that SPS did not collect more through interim rates than the Commission ultimately approves as an increase in SPS's base rates in its next base rate case. If the Commission approves no increase in base rates or a decrease in base rates, the entire amount collected through interim rates will be refunded. If the Commission approves an increase in base rates of less than $18 million per year, then a portion of the interim rates will be refunded in proportion to the amount of the increase in base rates compared to $18 million. For example, if the Commission approves a base rate increase of $9 million, then SPS will refund half of the interim rates it collected. (ii) There will be a true -up of the amounts collected through the interim rates in order to ensure that SPS did not collect more through the interim rates than the Texas jurisdictional allocation of SPS's actual LPP Project costs [Payments for Contract Capacity and Dispatchability described in subsection (b), above] incurred from the Commercial Operation Date until the effective date of new base rates authorized in SPS's 2008 rate case. (iii) There will be a true -up of amounts collected through interim rates based on the cumulative Capacity Availability Factor (CAF) measured over the period from the date of Commercial Operation through the effective date of new base rates authorized in SPS's 2008 rate case. This true -up shall be calculated by dividing the actual cumulative CAF over the period from the date of Commercial Operation through the effective date of new base SOAR Docket No. 473-06-2536, PUCDocket No. 32766 Unanimous Stipulation G:\Word12005\0560004\7H9.doc Page 15 rates authorized in SPS's 2008 rate case by 0.85. If the result of this calculation is 1.0 or more, then no CAF adjustment (or true -up) shall be made. If the result of this calculation is less than 1.0, then SPS shall true - up and refund a proportional amount the costs recovered through interim rates. For example, if the actual cumulative CAF over the interim period is 0.80, then SPS shall refund 5.8824% [(0.85-0.80) divided by 0.85] of the amounts collected through interim rates. For purposes of calculating this true -up, the total amount of Scheduled Maintenance Energy (SME) included in the CAF calculation over the interim period shall not exceed the prorated portion of the annual amount of SME set forth in Section 10.1 of the LPP PPA. (Capitalized terms are as defined in the LPP PPA.) Section 20. PCRF Allocator Effective as of the same date as interim rates become effective pursuant to Section 2, the Texas retail PCRF allocator shall be 52.5 percent and shall remain at that level until changed in a future base rate proceeding. The PCRF tariff sheets reflecting this change are included in the tariff sheets shown in Exhibit B. Section 21. Interruptible Credits (a) The Signatories agree that SPS may create a regulatory asset to accrue the discounts from firm rates given to interruptible customers and the credits paid to interruptible customers (collectively, Interruptible Credits) frorn the date rates become effective pursuant to Section 2 until the date final rates from SPS's next Texas retail base rate proceeding become effective. If SPS does not file a Texas retail base rate proceeding before December 31, 2008, however, SPS shall discontinue accruing amounts paid as Interruptible Credits after December 31, 2008. The amount accrued under this section shall not exceed $475,000 per year (Texas retail share), prorated on a daily basis for partial years. If SPS does not file a base rate case by December 31, 2008, then beginning January 1, 2009, the amount of this regulatory asset shall reduce by 1/48`h per month until it has reached zero. (b) SPS shall amortize to expense any amounts accrued pursuant to paragraph (a) that are approved by the Commission in SPS's next base rate case over a four-year period beginning on the effective date of final rates determined in SPS's next Texas retail base rate proceeding. (c) The Signatories agree that any party may raise any issue relating to these Interruptible Credits in SPS's next Texas retail base rate proceeding including but not limited to the reasonableness, amount, jurisdictional allocation or calculation of the Interruptible Credits SOAR Docket No. 473-06-2536, PUC Docket No. 32766 Unanimous Stipulation GAWord\2005\0560004\7H9.doc Page 16 and the amount to be recovered from Texas retail customers, but Signatories waive the arguments that recovery of any accrued amounts requires SPS to make a financial integrity showing (as to this point only, OPC does not oppose),° that SPS had no approval to accrue the Interruptible Credits, and that the costs should be amortized over a different period than specified in subsection (b), above. Section 22. Other Terms SPS will, in the 60-day period following the date of the execution of this stipulation, work with Signatories on transmission cost recovery issues and consider the Signatories' concerns and proposals. The Signatories (other than Staff) agree to notify the Commission Staff of this provision and to urge the Commission to allow the Signatories the opportunity to attempt to develop a consensus regarding a transmission cost recovery rule. Section 23. Waiver of Cross-examination The parties: (a) stipulate to the admission of SPS's application, notice affidavits, SPS's rate filing package, and the pre -tiled testimony and exhibits of all parties to this docket, together with all errata, updates, and supplements to the foregoing, and (b) except as may be necessary to conduct the EPE agreement litigation described in Section 13, above, waive cross-examination of all witnesses. Section 24. Obligation to Support this Stipulation The Signatories agree that they will support this stipulation before the Commission and will take reasonable steps to ensure that the Commission enters an order consistent with this stipulation. Section 25. Effect of Modification of Stipulation There are no third party beneficiaries of this agreement. Although this agreement represents a settlement among the parties with respect to the issues presented in this docket, this agreement is merely a settlement proposal submitted to the Commission, which has the authority to enter an order resolving these issues. The Signatories agree that this agreement resolves issues only with respect to the Texas retail jurisdiction and shall not be binding on nor have any effect on proceedings in other jurisdictions. ° This waiver shall not constitute precedent for treatment of any deferred accounting and for any other case involving this or any other utility. SOAH Docket No. 473-06-2536; PUC Docket No. 32766 Unanimous Stipulation G:1Word\2005\0560004\7H9.doc Page 17 This stipulation has been drafted by all the Signatories and is the result of negotiation, compromise, settlement, and accommodation. The Signatories agree that this settlement is in the public interest. The Signatories agree that the terms and conditions herein are interdependent. The various provisions of this stipulation are not severable. None of the provisions of this stipulation shall become fully operative unless the Commission shall have entered a final order approving this stipulation. If the Commission issues a final order inconsistent with the terms of this stipulation, each Signatory has the right to withdraw from this stipulation, to submit testimony, and to obtain a hearing and advocate any position it deems appropriate with respect to any issue in this stipulation. Section 26. Effect of Stipulation in Other Regulatory Proceedings This stipulation is binding on each of the Signatories only for the purpose of settling the issues as set forth herein in this jurisdiction only and for no other purposes. The matters resolved herein are resolved on the basis of a compromise and settlement. Except to the extent that this stipulation expressly governs a Signatory's rights and obligations for future periods, this stipulation shall not be binding or precedential on a Signatory outside of this proceeding or a proceeding to enforce the terms of this stipulation. The Signatories recognize and agree that Sections 4(e), 5, 7, 8, 9, 10, 11, 12, 13 (as to this provision only, for fuel issues only), 19, 20, and 21 all include forward -looking provisions and corresponding obligations. It is acknowledged that a Signatory's support of the matters contained in this stipulation may differ from the position taken or testimony presented by it in other dockets or other jurisdictions. To the extent that there is a difference, a Signatory does not waive its position in any of those other dockets or jurisdictions. Because this is a stipulated resolution, no Signatory is under any obligation to take the same positions as set out in this stipulation in other dockets or jurisdictions, regardless of whether other dockets present the same or a different set of circumstances, except as otherwise may be explicitly provided by this stipulation. The provisions of this stipulation are intended to relate to only the specific matters referred to herein. By agreeing to this stipulation, no Signatory waives any claim it may otherwise have with respect to issues not expressly provided for herein. It is further understood and agreed that this stipulation represents a negotiated settlement of all issues in this proceeding. SOAR Docket No. 473-06-2536, PUC Docket No. 32766 Unanimous Stipulation G:\Word\2005\0560004\7H9.doc Page 18 This settlement represented by this stipulation resolves the stated issues in the Texas retail jurisdiction only, and this Stipulation does not resolve any claims, issues or proceedings pending in or pertaining to other jurisdictions. Section 27. Multiple Counterparts Each copy of this stipulation may not bear the signatures of all the Signatories but will be deemed fully executed if all copies together bear the signatures of all Signatories. Fully and duly authorized representatives of the Signatories have signed this stipulation as of the date first set forth above. STAFF OF THE PUBLIC UTILITY CO MISSION OF TEXAS By: ��u � Patrick Sullivan Attorney of Record SOUTHWESTERN PUBLIC SERVICE COWA By:10 teven D. otd Attorney of Record ALLIANCE OF XCEL MUNICIPALITIES M Alfred R. Herrera Attorney of Record OFFICE OF PUBLIC UTILITY COUNSEL Lanetta Cooper Attorney of Record SOAK Docket No. 473-06-2536, PUC Docket No. 32766 Unanimous Stpaladon G:\Word\2005\0560004\7H9.doc Page 19 otherwise have with respect to issues not expmssly provided for herein. It is further understood and agreed that this stipulation represents a negotiated settlement of all issues in this proceeding. This settlement represented by this stipulation resolves the stated issues in the Texas retail jurisdiction only, and this Stipulation does not resolve any claims, issues or proceedings pending in or pertaining to other jurisdictions. Section 27. Multiple Counterparts Each copy of this stipulation may not bear the signatures of all the Signatories but will be deemed fully executed if all copies together bear the signatures of all Signatories. Fully and duly authorized representatives of the Signatories have signed this stipulation as of the date first set forth above. STAFF OF THE PUBLIC UTILITY COMMISSION OF TEXAS By: Patrick Sullivan Attorney of Record SOUTHWESTERN PUBLIC SERVICE COMPANY By: Steven D. Arnold Attorney of Record ALLIANCE OF XCEL MUNIf IPALITIES ediLYIerrera Attorney of Record OFFICE OF PUBLIC UTILITY COUNSEL By: Lanetta Cooper Attorney of Record SOAH Docker No. 473-06-2536; PUCDaeket Na J2766 Uaanimoussipuladon G:1Word12005\0560004Mi9.doc Pagg 19 This settlement represented by this stipulation resolves the stated issues in the Texas retail jurisdiction only, and this Stipulation does not resolve any claims, issues or proceedings pending in or pertaining to other jurisdictions. Section 27. Multiple Counterparts Each copy of this stipulation may not bear the signatures of all the Signatories but will be deemed fully executed if all copies together bear the signatures of all Signatories. Fully and duty authorized representatives of the Signatories have signed this stipulation as of the date first set forth above. STAFF OF THE PUBLIC UTILITY COMMISSION OF TEXAS By: Pauick Sullivan Attorney of Record SOUTHWESTERN PUBLIC SERVICE COMPANY M Steven D. Arnold Attorney of Record ALLIANCE OF XCEL MUNICIPALITIES IN Alfred R. Herrera Attorney of Record OFFICE OFAWSLIC UTIJITYiCOUNSEL By: Lanetta Cooper Attorney of Re( SOANDoeketNo. 473-06-2536, PUC Dockei No. 32766 Unanimous Sdpuladan G:\Word\2005\0560004\71i9.doc Page 19 a[ TEXAS INDUSTRIAL ENERGY CONSUMERS Y• /,/ �, / � /, 411--, A � K Rex VanMiddlesworth Attorney of Record OCCIDENTAL PERMIAN Ltd. James Bushee Attorney of Record STATE OF TEXAS 10 Amalija J. Hodgins Attorney of Record WEST TEXAS MUNICIPAL POWER AGENCY Maria Sanchez Attorney of Record CANADIAN RIVER MUNICIPAL WATER AUTHORITY M Joe Pratt Attorney of Record "TEXAS COTTON GINNERS' ASSOCIATION M. Zach Brady Attorney of Record SOAR Docket No- 473-06-2536; PUC Dockeg Ne. 32166 Unanimous Mpuladon G:1Word120055056000417H9.doc Page 20 22 TEXAS INDUSTRIAL ENERGY CONSUMERS In Rex VanMiddlesworth Attorney of Record OCCIDENTAL PERMIAN Ltd. 4 ames Bushee ttorney of Record STATE OF TEXAS Amalija J. Hodgins Attorney of Record WEST TEXAS MUNICIPAL POWER AGENCY Maria Sanchez Attorney of Record CANADIAN RIVER MUNICIPAL WATER AUTHORITY M Joe Pratt Attorney of Record TEXAS COTTON GINNERS' ASSOCIATION Zach Brady Attorney of Record SOAH Docket No. 473-06-2536; PUC Docket No. 32766 Unanimous S[ipulalion GAWord\2005\0560004\7H9.doc Page 20 23 TEXAS INDUSTRIAL ENERGY CONSUMERS Rex VanMiddlesworth Attorney of Record OCCIDENTAL PERMIAN Ltd. LM James Bushee Attorney of Record STATE OF TEXAS Amalija J. Hodgins Attorney of Record WEST TEXAS MUNICIPAL POWER AGENCY By:ww Ww. Maria Sanchez Attorney of Record" W ivy CANADIAN RIVER MUNICIPAL WATER AUTHORITY LIM Joe Pratt Attorney of Record TEXAS COTTON GINNERS' ASSOCIATION Lm- Zach Brady Attorney of Record SOAR Docket No. 473-06-2536, PUCDocket No. 32766 Unanimous Stipulation G:1Word120051056000417H9.doc Page 20 2� TEXAS INDUSTRIAL ENERGY CONSUMERS By: Rex VanMiddlesworth Attorney of Record OCCIDENTAL PERMIAN Ltd. By: James Bushee Attorney of Record STATE OF TEXAS By: - Amalija J. Hodgins Attorney of Record WEST TEXAS MUNICIPAL POWER AGENCY Maria Sanchez Attorney of Record CANADIAN RIVER MUNICIPAL WATER AUTHORITY By: age-4 /�� Joe Pratt Attorney of Record TEXAS COTTON GINNERS' ASSOCIATION Zach Brady Attorney of Record SOAHDocket No. 473-06 2S36; PUCDocket No. 32766 Unanimous Stipulation GAWord\20051056000417H9.doc Page 20 Z5— TEXAS INDUSTRIAL ENERGY CONSUMERS Rex VanMiddlesworth Attorney of Record OCCIDENTAL PERMIAN Ltd. LIM James Bushee Attorney of Record STATE OF TEXAS Amalija J. Hodgins Attorney of Record WEST TEXAS MUNICIPAL POWER AGENCY Maria Sanchez Attorney of Record CANADIAN RIVER MUNICIPAL WATER AUTHORITY Joe Pratt Attorney of Record TEXAS COTTON GINNERS' ASSOCIATION By. G� Zac Brady rney of Record SOARDocked No. 473-06-2536; PUCDockel No. 32766 Unanimous Mpulalion G:1Word120051056000417H9.doc Page 20 240 GOLDEN SPREAD ELECTRIC COOPERATIVE, INC. Golden Spread Electric Cooperative, Inc., joins in this stipulation except as to sections 9(b), 10, 11 and 12, and does not oppose entry of an Order consistent with this entire stipulation By: 6--'6 I.Kaig ein Attorney of Record TRI-COUNTY ELECTRIC COOPERATIVE, INC. John Arnold Attorney of Record CITY OF LUBBOCK Matthew Wade Attorney of Record TEXAS FARM BUREAU Catherine Webking Attorney of Record SOAR Docket No. 473-06-2536; PUC Docket No. 32766 Unanimous Slipuladon G:\Word\2005\0560004\7H9.doc Page 21 �, GOLDEN SPREAD ELECTRIC COOPERATIVE, INC. Golden Spread Electric Cooperative, Inc., joins in this stipulation except as to sections 9(b), 10, 11 and 12, and does not oppose entry of an Order consistent with this entire stipulation Ila Craig Silverstein Attorney of Record TRI-COUNTY ELECTRIC COOPERATIVE, INC. B: Y o n Arnold Attorney of Record CITY OF LUBBOCK Matthew Wade Attorney of Record TEXAS FARM BUREAU Catherine Webking Attorney of Record SOAR Docket No. 473-06-2536; PUC Docket No. 32 766 Unanimous Stipulation G:1Word12005'.056000417H9.doc Page 21 M GOLDEN SPREAD ELECTRIC COOPERATIVE, INC. Golden Spread Electric Cooperative, Inc., joins in this stipulation except as to sections 9(b), 10, 11 and 12, and does not oppose entry of an Order consistent with this entire stipulation By: Craig Silverstein Attorney of Record TRI-COUNTY ELECTRIC COOPERATIVE, INC. John Arnold Attorney of Record CITY OF LUBBOCK By: M tthew Wade Attorney of Record TEXAS FARM BUREAU Catherine Webking Attomey of Record SOAK Docket No. 473-06-2536, PUC Docket No. 32766 Unanimous Stipulation GAWord\20051056000417H9.doc Page 21 51 GOLDEN SPREAD ELECTRIC COOPERATIVE, INC. Golden Spread Electric Cooperative, Inc., joins in this stipulation except as to sections 9(b), 10, 11 and 12, and does not oppose entry of an Order consistent with this entire stipulation Craig Silverstein Attorney of Record TRI-COUNTY ELECTRIC COOPERATIVE, INC. John Arnold Attorney of Record CITY OF LUBBOCK Matthew Wade -Attorney of Record TEXAS FARM BUREAU By: G2� Catherine Webking Attorney of Record SOAR Docket No. 473-06-2536, PUC Docket No. 32766 Unanimous Stipulation G:\Word\2005\0560004\7H9.doc Page 21 80 Exhibit A — Revenue Proofs SOAR Docket No. 473-06-2536, PUC Docket No. 32766 Unanimous Stipulation G:\Word\20051056000417H9.doc Page 31 Southwestern Public Service Company Settlement Base Revenue Increase by Rate Class 12 Months Ended September 30, 2005 Proposed Rate Class Residential Service Small Commercial Service Commercial & Industrial Service Small Municipal & School Service Large Municipal and School Service Street & Area Lighting Service Total Texas Retail W N Present Base Revenue 94,452,128 13,786,462 171,779,149 433,262 9,299,168 5,642,796 Base Revenue Increase Amount Percent Relative $ 10, 832,122 793,163 10,240,457 51,280 484,298 538,027 $ 295,392,964 $ 22,939,347 Settlement Base Revenue 11.5% 148% $ 105,284,250 5.8% 74% 14,579,625 6.0% 77% 182,019,606 11.8% 152% 484,542 5.2% 67% 9,783,466 9.5% 123% 6,180,823 7.8% 100% $ 318,332,311 Southwestern Public Sevice Company Settlement Base Rate Revenue Reconciliation 12 Months Ended September 30, 2005 Line Rate Class No. Proposed Rate Billing Units I Residential 2 3 R Service & Facility Charge 2,522,902 Bills 4 Energy Charge - Summer 5 Energy Charge - Winter 6 Total 7 8 Total Revenue Requirement 9 Rounding Difference 10 12 Small General Service 13 14 SGS Service & Facility Charge 15 Energy Charge - Summer 16 Energy Charge - Winter 17 Total 18 19 Total Revenue Requirement 20 Rounding Difference 21 22 23 Small Municipal & School 24 25 SMS Service & Facility Charge 26 Energy Charge - Summer 27 Energy Charge - Winter 28 Total 29 30 Total Revenue Requirement 31 Rounding Difference 32 33 34 Larfle Municipal & School 35 36 LSS Service & Facility Charge 37 Demand Charge - Summer 38 Demand Charge - W inter 39 Energy Charge 40 Total 41 42 LMS Service & Facility Charge 37 Demand Charge - Summer 38 Demand Charge - Winter 39 Energy Charge 40 Total 41 42 CRMWA Adjustment 43 Total Revenue Requirement 44 Rounding Difference 1,006,992,444 kWh 1,449,640,630 kWh 2,456,633,074 kWh Settlement Settlement Base Rate Rate Revenue $ 5.10 / Month 12,866,800 S 0.04500 / kWh 45,314,660 S 0.03249 / kWh 47,098,824 92,413,484 105,284,250 (3,966) 345,388 Bills S t 1-00 / Month 3,799,268 115.209,704 kWh $ 0.04250 I kWh 4,896,412 175,529,956 kWh $ 0.03350 / kWh 5,880,254 290,739,660 kWh 10,776,666 14,579,625 (3,691) 45,910 Bills 4,470,144 kWh $ 0.03880 /kWh 173,442 9,737,856 kWh $ 0.03193 / kWh 310,930 14,208,000 kWh 484,371 484,542 (17t) 7,311 Bills $ 15.00 I Month 109,665 230,010 kW-Mo S 7.69 / kW-Mo 1,768,780 464,981 kW-Mo S 6.33 / kW-Mo 2,943,332 154,772,405 kWh $ 0.00417 / kWh 645,401 304,948,696 kWh 5,467,177 9,773 Bills $ 15.00 / Month 146,595 224,728 kW-Mo $ 6.79 1 kW-Mo 1,525,906 369,249 kW-Mo S 5.59 / kW-Mo 2,064,103 150,176,291 kWh S 0.00351 /kWh 527,119 304,948,696 kWh 4,263,723 (52,486) 9,730,980 (80) Southwestern Public Sevice Company Settlement Base Rate Revenue Reconciliation 12 Months Ended September 30, 2005 Line Rate Class No. Pronosed Rate Billine Units I Commercial & Industrial - General Service 2 3 SG Service & Facility Charge 207,016 Bills 4 Demand Charge - Summer 3,754,591 kW-Mo 5 Demand Charge- Winter 6,134,699 kW-Mo 6 Energy Charge 2,883,173,895 kWh 7 Total 2,883,173,895 kWh 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 PG Service & Facility Charge Demand Charge - Summer Demand Charge - Winter Energy Charge Total LGS-T Service & Facility Charge - (Total) Full Year Customers Partial Year Customer Demand Charge - Summer Demand Charge - Winter Energy Charge Total Total Commercial & Industrial - General Sen-ice Rounding Difference Commercial & Industrial - Standby Service SST Service & Facility Charge Tran & Dist Standby Capacity Fee Gen Standby Cap Reservation Fee - Summer Gen Standby Cap Reservation Fee - Winter Energy Charge Total 46,620 Bills 1,186,955 kW-Mo 2,232,701 kW-1v10 1,734,735,842 kWh 1,734,735,842 kWh 334 Bills 312 Bills 21.57 Bills 2,498,724 kW-Mo 4,553,787 kW-Mo 5,000,004,860 kWh 5,000,004,860 kWh 9,617,914,597 kWh Settlement Settlement Base Rate Rate Revenue $ 25.35 / Month 5,247,856 $ 9.29 /kW-Mo 34,880,151 $ 7.40 / kW-Mo 45,396,771 $ 0.00300 / kWh 8,649,522 94,174,300 11479 / Month 5,351,510 8.44 / kW-Mo 10,017,897 6.58 / kW-Mo 14,691,173 $ 000296 /kWh 5,134,818 35,195,397 $ 39,940.00 / Month 478,745 $ 1,519.23 / Month $474,000 $ 220.00 / Month 4,745 $ 5.97 / kW-Mo 14,917,379 $ 4.25 / kW-Mo 19,353,595 $ 000280 /kWh 14,000,014 48,749,733 178,103,865 15,565 0 131IIs $ 126.00 / Month 0 0 kw-Mo 4.04 /kW-Mo 0 0 kW-Mo 0.72 /kW-Mo 0 0 kW-Mo 0.46 / kW-Mo 0 0 kWh 0.00300 / kWh 0 0 kWh PST Service & Facility Charge 0 Bills $ 223.00 / Month 0 Tran & Dist Standby Capacity Fee 0 kW-hio 3.27 / kW-Mo 0 Gen Standby Cap Reservation Fee - Summer 0 kW -Mc, 0.71 / kW-Mo 0 Gen Standby Cap Reservation Fee - Winter 0 kW-Mo 0.45 / kW-Mo 0 Energy Charge 0 kWh 0.00296 /kWh 0 Total 0 kWh 0 TST Service & Facility Charge - (Total) 48 Bills $ 8,064.00 / Month 97,440 Transmission Standby Capacity Fee 258,879 kW-Mo 1.16 / kW-Mo 300,300 Gen Standby Cap Reservation Fee - Summer 84,591 kW-Mo 0.66 / kW-Mo 55,830 Gen Standby Cap Reservation Fee - Winter 174,288 kW-Mo 0.42 / kW-Mo 73,201 Energy Charge 1,049,702 kWh 0.00280 /kWh 2,939 Total 1,049,702 kWh 529,710 Total Commercial & Industrial - Standby Service 1,049,702 kWh 528,796 Rounding Difference 914 34 Southwestern Public Sevice Company Settlement Base Rate Revenue Reconciliation 12 Months Ended September 30, 2005 Line Rate Class No. Proposed Rate Billing Units 1 Commercial & Industrial - Service Aereement 2 3 SAS -I Celanese 4 & SAS-2 Total Present Base Revenue (without fuel) 5 Less Metering & Billing Cost 6 Less Base Energy Cost 7 Total Adjusted Base Revenue 8 9 SAS-4 CRMWA 10 Total Present Base Revenue (without fuel) Class Percentage Increase (SG) II CRMWA Percentage Increase 12 Total Proposed Base Revenue 13 Less Metering & Billing Cost 14 Less Base Energy Cost IS Total Adjusted Base Revenue Add CRMWA Adjustment Total CRNIWA Base Revenue 16 17 SAS-8 Degussa 18 Total Present Base Revenue (without fuel) 19 Percentage Increase (PG) 20 Total Proposed Base Revenue 21 Less Metering & Billing Cost 22 Less Base Energy Cost 23 Total Adjusted Base Revenue 24 25 Total SAS Revenue 26 27 Total Commercial & Industrial Service 28 Proposed Base Rate Revenue - Rebill 29 Total Revenue Requirement 30 Rounding Difference 31 32 33 34 Street & Area Liehtine Service 35 Area Lights 36 Municipal and State Street Lights 37 Company Owned 38 Non -Company Owned Lights 39 Total Municipal and State Street Lights 40 41 Total Base Rate Revenue 42 Maintenance Charges 43 Proposed Base Rate Revenue - Rebill 44 Total Revenue Requirement - As Allocated 45 Rounding Difference 46 47 48 49 Total PUCT 50 Proposed Base Rate Revenue - Rebill 51 52 Total Revenue Requirement 53 Rounding Difference 9,618,964,299 kWh 64.810,254 kWh 12,750,303,983 kWh Settlement Rate Settlement Base Rate Revenue 2,875,232 6,470 841,741 2,027,021 1,536,151 5.96 % 9.377% 1,627,706 2,512 360,887 $1,264,307 S52,486 S 1,316,793 208,493 9.377% 228,043 2,686 129,740 S9 5,617 $3,386, )4 5 182,036 084 182019,606 16,479 3,795,754 2,257,981 126,285 2,394,266 6,180020 0 6,180,020 6,180,823 (803) 318,340,079 318,332,311 7,768 Present Revenue 295,392,964 Settlement Increase 22,939,347 Total Revenue Requirement 318,332,311 rrt Southwestern Public Sevice Company Settlement Base Rate Revenue Reconciliation 12 Months Ended September 30, 2005 Datemdnates Settlement Settlement (Units) (Urdts) Rate Revenue Guard/Flood L.IaMho Guard Lights 73,341 S 7.55 $ 553,725 Super Guard Lights 211.851 S 9.23 $1,955,385 Additional spans(sep 05) 2.2.217 S 2.19 S 48.655 Restrided Outdoor Lighting -Previous TNP area 400 W MV Guard Light 785 S 9.31 S 7.308 100 W HPS Guard Light 495 S 8.61 S 4,262 200 W HPS Guard Light 48 S 12.60 S 605 400 W MV Flood Light 0 S 9.59 400 W MH Flood Light 881 $ 12.02 S 10,584 1000 W MH Flood Light 234 $ 19.61 S 4.585 250 w HPS Flood Light 156 S 11.42 S 1.785 400 W HPS Flood Light 72 $ 12.40 S 893 Subtotal 308.737 $2,587385 Flood Lights $1.207,968 Total Base 29,873,317 $3,795,754 Flood Light Systems Detaa 819 High Pressure Sodium - Initial Unit 150 5423 $ 16.09 $ 87,256 250 1189 $ 17,43 $ 20.719 400 9903 $ 18.44 S 182.615 1000 8877 $ 27,93 $ 247,935 Metal Halide - Initial Unit 175 120 $ 16.19 $ 1,943 250 473 $ 17.35 $ 8,210 400 5193 S 18.05 S 93.735 1000 9650 S 27.62 S 266,527 High Pressure Sodium - Additional Units 150 236 $ 6.97 $ 1.645 250 211 $ 8.14 $ 1,718 400 2402 $ 9.11 $ 21.883 1000 3111 $ 18,53 $ 57.651 Metal Halide - Additional Units 175 24 $ 7 O6 $ 169 250 95 $ 806 $ 766 400 1166 $ 8.73 $ 10.177 1000 6339 $ 18.24 $ 115,623 Subtotal 55755 $1.118.572 Additional Flood Until Chames Pale Charge (Wood Overhead) 35 R 6620 S 1,49 $ 9.864 40 R 7117 S 3.19 $ 22.703 45 R 1223 S 4.51 S 5,516 50 R 60 S 5.97 S 358 Pole Charge (Wood Underground) 30 R 0 S 3.03 $ - 35 R 156 S 4.52 S 705 40 R 136 S 6.23 S 847 45 R 60 S 7.56 S 454 50 R 0 $ 9.01 $ - Pole Charge (Steel Overhead) 30 R 330 S 5.05 S 1,667 35 It 1008 S 6.54 S 6,595 40 R 643 S 8.25 3 5,306 45 R 84 S 9.57 S 804 Pole Charge (Steel Underground) 30 R 498 S 8.09 $ 4.029 35 R 882 S 9.58 S 8,450 40 R 1409 S 11,28 $ 15,897 45 R 492 S 12.61 $ 6.204 Subtotal $ 89,397 Total Flood Light $1,207,968 Southwestern Public Sevice Company Settlement Base Rate Revenue Reconciliation 12 Months Ended September 30, 2005 Municipal Street Lighting Settlement Settlement Lamp Pale Service Lights Number Rate Rate Lumen Type Type Type Per Pole Installed (S) (S) Residential 7.000 MV Wood OH 1 194.326 $ 4,38 S 851.381 7.000 MV Steel OH 1 5,681 $ 6.13 S 34.845 7,000 MV Steel UG 1 3.541 S 6.98 $ 24.706 7,1N}0 MV Special 1 829 $ 7.55 S 6.256 7.000 MV City of Lubbock 1 0 S 1.42 S 15,000 MV SA-TSTI Amer OH 1 180 $ 8.42 $ 1,516 15,000 HPS Woad OH 1 9,924 $ 8.38 S 83,154 15.000 HPS Steel OH 1 96 $ 10.36 S 995 15.000 HPS Steel UG 1 132 $ 11.76 $ 1.553 Commercial Areas and Traffic Arteries 20,000 MV Woad OH 2 96 $ 6.60 $ 634 20,000 MV Wood OH 1 53,150 $ 7.40 $ 393.535 20,000 MV Steel OH 2 360 $ 8.37 $ 3,013 20,000 MV Steel OH 1 28.230 $ 10.26 $ 289.723 20.000 MV Steel UG 2 908 S 10.25 $ 9.288 20.000 MV Steel UG 1 7.695 $ 14.00 $ 107.714 20,000 MV Wood Special 1 60 $ 18.62 $ 1.117 35,000 MV Wood OH 1 1.176 $ 10.35 $ 12,172 35.000 MV Steel OH 1 900 $ 13.07 $ 11,760 35,000 MV Steel UG 1 636 $ 16.98 $ 10.797 50,000 MV Wood OH 1 72 $ 12.56 S 905 50.000 MV Steel OH 1 1.467 $ 15.50 $ 22.736 50.000 MV Steel UG 1 636 $ 19.27 $ 12,253 15.000 HPS Wood OH 1 100 $ 8.37 $ 837 15.000 HPS Steel OH 1 10 S 11.24 $ 202 15.000 HPS Steel UG 1 54 $ 14.98 $ 809 27,500 HPS Woad OH 1 3.842 $ 16.09 $ 61.818 27.500 HPS Steel OH 1 1.290 $ 18.82 $ 24.274 27,500 HPS Sleet UG 1 1.323 S 22,60 $ 29.895 50,000 HPS Wond OH 1 0 $ 19.78 $ - 50,000 HPS Steel OH 1 0 S 22.82 $ - 50,000 HPS Steel UG 1 0 $ 26,71 $ - Commercial Areas and Traffic Arteries 50.000 HPS Wood OH 1 5.958 $ 18.59 $ 110.743 50,000 HPS Special 1 5,949 S 21.98 $ 130.775 Restricted Municipal Street Lighting -previous TNP area 8,150 MV Ornamental OH 1 612 $ 11.36 $ 6.951 9,500 HPS Wood OH 1 628 $ 6.85 S 4.299 9,500 HPS Wood UG 1 240 $ 9.31 $ 2,234 9.500 HPS Ornamental . OH 1 12 $ 13.18 $ 158 22.000 HPS Wood OH 1 602 $ 7,78 , $ 4,662 22.000 HPS Woad UG 1 24 $ 10.41 $ 250 State Owned Freeway Lighting System 20,000 MV Slate/City Owned 1 2.088 $ 6.20 $ 12.944 21,500 HPS Special 1 17.739 S 4.38 $ 77,718 MV-100 W 2.268 S 4.38 $ 9.937 MV-1000 W $ 13.76 $ HPS400 W 4.512 S 5.51 S 24,858 15,000 150 W 189 $ 4.38 S 826 Total Base 357,541 $2,384,266 Area Light Base Revenue $3,795,754 Street and Area Light Base Revenue $6,180.020 Settlement Amount $6.180.823 Rounding Difference $ (803) 7 % Exhibit B — Tariffs SOAR Docket No. 473-06-2536; PUC Docket No. 32766 Unanimous Stipulation G:\Word\2005\0560004\7H9.doc Page 38 Section No. II-S Sheet No. II-1 Xceffinerr Revision No. 1 10VIRWIStINK vuettc SUVICe Page 1 of I ELECTRIC TARIFF GENERAL DESCRIPTION OF OPERATIONS Southwestern Public Service Company is an integrated, publicly -held, generation, transmission and distribution company supplying retail and wholesale electric utility service in the counties and cities shown on Section No. III of this tariff. The Company also serves retail and wholesale customers in the State of New Mexico. The Generation and Transmission Map, Section No. II, Sheet No. II-1, page 2 of 2, details the primary power supply and location of the Company. This tariff, including all Rules and Regulations, and all applicable rate schedules, is on file in the Company's Amarillo and Austin offices, and copies are obtainable by any Customer without charge upon request. PUBLIC UTILITY COMMISSION OF TEXAS I PRESIDENT AND CEO, SOUTHWESTERN PUBLIC SERVICE COMPANY 12/1) Section No. III-S Sheet No. III-1 XCeffil7etgy"' Revision No. 5 e I of 1 SOUTHWESTERN IURL(C SERVICE Page ELECTRIC TARIFF LIST OF COUNTIES AND CITIES PROVIDED ELECTRIC UTILITY SERVICE BY SOUTHWESTERN PUBLIC SERVICE COMPANY COUNTY CITIES WITHIN COUNTY Armstrong Claude Bailey Muleshoe Briscoe Silverton Carson Groom, Panhandle, Skellytown, White Deer Castro Dimmitt, Hart Cochran Morton, Whiteface Crosby Crosbyton, Lorenzo, Ralls Dallam Dalhart Dawson Deaf Smith Hereford Donley Floyd Floydada, Lockney Gaines Seminole, Seagraves Garza Post Gray Lefors, McLean, Pampa Hale Abernathy, Hale Center, Petersburg, Plainview Hansford Gruver, Spearman Hartley Channing, Dalhart Hemphill Canadian Hockley Anton, Levelland, Ropesville Hutchinson Borger, Fritch, Sanford, Stinnett Lamb Amherst, Earth, Littlefield, Olton, Springlake, Sudan Lipscomb Booker, Darrouzett, Follett, Higgins Lubbock Idalou, Lubbock, New Deal, Shallowater, Slaton, Wolfforth Lynn Tahoka, Wilson Moore Cactus, Dumas, Sunray Ochiltree Perryton Oldham Adrian, Vega Parmer Bovina, Friona, Farwell Potter Amarillo Randall Amarillo, Canyon, Lake Tanglewood, Timbercreek, Palisades Roberts Miami Sherman Stratford, Texhoma Swisher Happy, Kress Terry Meadow, Wellman Wheeler Mobeetie, Wheeler Yoakum Denver City PUBLIC UTILITY COMMISSION OF TEXAS PRESIDENT AND CEO, SOUTHWESTERN PUBLIC SERVICE COMPANY Lin Section No. IV XCeI Energy`" Sheet No. IV-1 SouTHwraTrRK Public sEcyicr Revision No. 82 Page 1 of 4 ELECTRIC TARIFF TABLE OF SERVICE SCHEDULES Sheet Revision No. No. Type of Service Territory IV-3 11 Residential Service Texas service territory IV-18 9 Secondary General Service Texas service territory IV-51 8 Service Agreement Summary Gray County Hoechst Celanese Chemical Group, Inc. IV-56 9 Service Agreement Summary Phillips Petroleum Company Phillips Bishop Hills Property Owners Potter County Texas State Technical College Amarillo Chase Bank Tower Amarillo Texas State Park Board Palo Duro Canyon Hoechst Celanese Chemical Pampa Group, Inc. IV-58 9 Service Agreement Summary Cal Farley's Boys Ranch Oldham County Caprock Feeders Gruver IV-61 6 Service Agreement Summary Potter, Carson, Roberts & Canadian River Municipal Hutchinson Counties Water Authority IV-65 11 Guard Light Service Texas service territory IV-69 25 Fuel Cost Recovery Factor Applicable to rate schedules where indicated IV-73 4 Service Agreement Summary Gray County Hoechst Celanese Chemical Group, Inc. PUBLIC UTILITY COMMISSION OF TEXAS (Continued) PRESIDENT AND CEO, SOUTHWESTERN PUBLIC SERVICE COMPANY Xceffinergy- 30UrNWIMAN PUIIIC SERVICE ELECTRIC TARIFF Section No. IV Sheet No. IV -I Revision No. 82 Page 2 of 4 TABLE OF SERVICE SCHEDULES Sheet Revision No. No. Type of Service Territory IV-77 10 Electric Service To a Texas service territory Qualifying Facility of Aggregate Generation Capacity of 100 KW or Less IV-86 10 Energy Purchase From A Texas service territory Qualifying Facility of Aggregate Generating Capacity of 100 KW or Less IV-91 8 Municipal and State Street Texas service territory Lighting Service IV-98 10 Miscellaneous Service Charges Texas service territory IV-99 6 Service Agreement Summary Hutchinson County J.M. Huber Corporation IV-103 1 Late Payment Rider Lubbock IV-108 4 Large General Service - Texas service territory Transmission IV-109 5 Service Agreement Summary Hutchinson County, Texas Phillips Petroleum (except within the Company -Transmission incorporated limits of any town or cityl IV-117 1 Avoided Energy Cost Non -Firm Texas service Purchases from Qualifying territory Facility PUBLIC UTILITY COMMISSION OF TEXAS (Continued) PRESIDENT AND CEO, SOUTHWESTERN PUBLIC SERVICE COMPANY 49 Xcel Energy- SOUr11WMIAN ►ublic Sf1Y1Cr ELECTRIC TARIFF TABLE OF SERVICE SCHEDULES Sheet Revision No. No. Type of Service Territory Section No. IV Sheet No. W-1 Revision No. 82 Page 3 of 4 IV-118 3 Flood Lighting Systems Texas service territory IV-124 1 Service Agreement Summary SPS's wholesale Central Valley Electric jurisdiction Cooperative, Inc. Farmers Electric Cooperative, Inc. Roosevelt Electric Cooperative, Inc. Lea County Electric Cooperative, Inc. Cap Rock Energy Corporation IV-135 1 Wholesale Fuel Cost SPS's wholesale Adjustment Clause jurisdiction IV-143 1 Residential Late Payment Lubbock Rider IV-144 1 Service Agreement Summary Amarillo Highway Sign Lighting IV-147 2 Experimental Industrial Texas Service Territory Interruptible Rate Rider IV-150 1 Restricted Outdoor Lighting Former TNP Panhandle Service service territory IV-152 1 State University Discount Texas Service Territory Rate Rider IV-170 1 Surcharge Rate Rider Texas Service Territory (Continued) PUBLIC UTILITY COMMISSION OF TEXAS PRESIDENT AND CEO, SOUTHWESTERN PUBLIC SERVICE COMPANY it') Xcel Energy EODrNWISTEIN EU!►IC SERVICE ELECTRIC TARIFF TABLE OF SERVICE SCHEDULES Section No. IV Sheet No. IV-1 Revision No. 82 Page 4of4 Sheet Revision No. No. Type of Service Territory IV-171 1 Surcharge Rate Rider Texas Service Territory IV-172 Orig. Small General Service Texas Service Territory IV-173 Orig. Primary General Service Texas Service Territory IV-174 Orig. Small Municipal and School Service Texas Service Territory IV-1 75 0rig. Large Municipal Service Texas Service Territory IV-177 Orig. Interruptible Credit Option Texas Service Territory IV-1 78 Orig. Golden Spread Electric Coop. Texas Service Territory IV-179 Orig. Primary OF Standby Service Texas Service Territory IV-180 Orig. Secondary OF Standby Service Texas Service Territory IV-181 Orig. Transmission OF Standby Service Texas Service Territory IV-182 Orig. Large School Service Texas Service Territory IV-183 Orig. Transmission OF Non -Firm Standby Service Texas Service Territory PUBLIC UTILITY COMMISSION OF TEXAS PRESIDENT AND CEO, SOUTHWESTERN PUBLIC SERVICE COMPANY Section No. IV Xeel Energy'" Sheet No. IV-3 SOU(NWISM14 f'Ustle StIvier Revision No. 11 Page 1 of 2 ELECTRIC TARIFF RESIDENTIAL SERVICE APPLICABLE: To residential customers for electric service used for domestic purposes in private residences and separately metered individual apartments when all service is supplied at one point of delivery, and measured through one kilowatt hour meter, where facilities of adequate capacity and suitable voltage are adjacent to the premises to be served. Single phase motors not to exceed 10 horsepower, individual capacity, may be served under this rate. TERRITORY: Texas service territory. RATE: Service Availability Charge: $5.10 per month. Energy Charge: 4.500¢ per kWh for all kWh used per month during each summer month 3.249¢ per kWh for all kWh used per month during each winter month. WINTER MONTHS: The billing months of October through May. SUMMER MONTHS: The billing months of June through September. FUEL COST RECOVERY AND ADJUSTMENTS: The charge per kilowatt hour of the above rate shall be increased by the applicable fuel cost recovery factor per kilowatt hour as provided in DUCT Sheet IV-69. This rate schedule is subject to other applicable rate adjustments as in effect from time to time in this tariff. AVERAGE MONTHLY PAYMENT: Upon request, any residential customer may be billed monthly based on a levelized payment plan. A customer's monthly payment amount is calculated by obtaining the most recent twelve months of actual consumption and dividing that amount by twelve, and applying the Company's current rates to the average kWh consumption. The account will be trued -up every twelve months. The true -up amount will be equal to the difference between the total of the prior twelve months' levelized payments and the actual billings for the corresponding most recent twelve month period. CHARACTER OF SERVICE: A-C; 60 hertz; single-phase 120l240 volts; where available on secondary, three phase 240 volts. PUBLIC UTILITY COMMISSION OF TEXAS I PRESIDENT AND CEO, SOUTHWESTERN PUBLIC SERVICE COMPANY ,rx— Section No. IV Xcel Energy'" Sheet No. IV-3 sourllW311AN ►ueiic $EXVICI Revision No. 11 Page 2 of 2 ELECTRIC TARIFF LINE EXTENSIONS: The Company will make line extensions in accordance with its standard line extension policy. TERMS OF PAYMENT: Net in 16 days after mailing date. If the sixteenth day falls on a holiday or weekend, the due date will be the next work day. FRANCHISE FEE: All current and future franchise fees not included in base rates shall be separately assessed in the municipality where the excess franchise fee is authorized. Bills computed under the above rate will be increased by the additional franchise fees imposed by the appropriate municipality or taxing authority in which jurisdiction the customer's consuming facility resides, when applicable. The franchise fee will appear on the bill as a separate item. RULES REGULATIONS AND CONDITIONS OF SERVICE: Service supplied under this schedule is subject to the terms and conditions set forth in the Company's Rules, Regulations, and Conditions of Service on file with The Public Utility Commission of Texas. PUBLIC UTILITY COMMISSION OF TEXAS PRESIDENT AND CEO, SOUTHWESTERN PUBLIC SERVICE COMPANY N Section No. IV Sheet No. IV-18 169 Xce j nerg11�, 1C 1 Revision No. 10 101(iNWE111AN PU111C $11VICE Pagel of2 ELECTRIC TARIFF SECONDARY GENERAL SERVICE APPLICABLE: To all commercial and industrial electric service supplied at secondary voltage and at one point of delivery, and measured through one meter, where facilities of adequate capacity and suitable voltage are adjacent to the premises to be served. Not applicable to temporary, breakdown, standby, supplementary, resale or shared service, or to service for which a specific rate schedule is provided. TERRITORY: Texas service territory. RATE: Service Availability Charge: $25.35 per month Energy Charge: 0.3000 per kWh for all kWh used during the month Demand Charge: $9.29 per kW of demand used per month during each summer month $7.40 per kW of demand used per month during each winter month WINTER MONTHS: The billing months of October through May. SUMMER MONTHS: The billing months of June through September. OPTIONAL SERVICE: Customers receiving service under this rate may elect to receive interruptible service under the Interruptible Credit Option. DEMAND: The Company will furnish at its expense the necessary metering equipment to measure the customer's kW demand for the 30-minute period of greatest use during the month. In the absence of a demand meter the Company will bill the customer's demand using the monthly kilowatt-hours and an average load factor of 57.01 percent. POWER FACTOR: Applicable to customers on this rate schedule with a peak demand of 200 kW or greater. Customer, at all times, will maintain at Company's point of delivery a power factor of not less than 90% lagging. PUBLIC UTILITY COMMISSION OF TEXAS PRESIDENT AND CEO, SOUTHWESTERN PUBLIC SERVICE COMPANY rj� Section No. IV Sheet No. IV-18 Xcef Energy, Revision No. 10 SOUINWES1EIN PUIIIC $19VICE Page 2 of 2 ELECTRIC TARIFF POWER FACTOR: (cont.) In the event a low voltage condition due to lagging power factor exists in a degree sufficient to impair the Company's service, customer will install suitable capacitor or other equipment necessary to raise the over-all power factor at the point of delivery to a satisfactory value. Where such power factor correction equipment is used, customer will install and maintain a relay, switch, or other regulating equipment for purpose of disconnecting or controlling the power factor correction equipment in order to prevent excessive voltage variations on Company's lines. FUEL COST RECOVERY AND ADJUSTMENTS: The charge per kilowatt hour of the above rate shall be increased by the applicable fuel cost recovery factor per kilowatt hour as provided in PUCT Sheet IV-69. This rate schedule is subject to other applicable rate adjustments as in effect from time to time in this tariff. CHARACTER OF SERVICE: A-C; 60 hertz; single or three phase, at one available standard voltage. LINE EXTENSIONS: The Company will make line extensions in accordance with its standard line extension policy. TERMS OF PAYMENT: Net in 16 days after mailing date; 5 percent added to bill after 16 days. If the sixteenth day falls on a holiday or weekend, the due date will be the next work day. FRANCHISE FEE: All current and future franchise fees not included in base rates shall be separately assessed in the municipality where the excess franchise fee is authorized. Bills computed under the above rate will be increased by the additional franchise fees imposed by the appropriate municipality or taxing authority in which jurisdiction the customer's consuming facility resides, when applicable. The franchise fee will appear on the bill as a separate item. RULES, REGULATIONS AND CONDITIONS OF SERVICE: Service supplied under this schedule is subject to the terms and conditions set forth in the Company's Rules, Regulations and Conditions of Service on file with The Public Utility Commission of Texas and the following conditions: 1- For those customers receiving secondary distribution voltage who desire to elect primary distribution voltage, they may do so subject to the terms and conditions of Primary/Secondary Conversions. PUBLIC UTILITY COMMISSION OF TEXAS PRESIDENT AND CEO, SOUTHWESTERN PUBLIC SERVICE COMPANY r1 a XceffinetW $0UtNWE61E1N /UIl1C $fkvlcE ELECTRIC TARIFF SERVICE AGREEMENT SUMMARY AGREEMENT WITH: Hoechst Celanese Chemical Group, Inc. POINT OF SERVICE: Vicinity of Pampa, Texas (Metering Point #1) RATE: $54,547.00 per month Section No. IV Sheet No. IV-51 Revision No. 8 Page 1 of 1 The above amount includes all kWh measured through Metering Point #1 up to the kWh generated by CZ-1 during the billing month. The kWh measured through Metering Point #1 in excess of the kWh generated by CZ-1 shall be added to the consumption through Metering Point #2 for billing under the rate applicable to Metering Point #2. TAX ADJUSTMENT: Bills computed under the above rate will be increased by all or the appropriate proportionate part of any present or new tax, or increased rate of tax or governmental imposition or charge assessed directly against the sale or use of electric energy. 1 PRESIDENT AND CEO, PUBLIC UTILITY COMMISSION OF TEXAS SOUTHWESTERN PUBLIC SERVICE COMPANY Section No. IV bgo elEver Sheet No. IV-56 Revision No. 9 SOUINWESfl:RM Pflfllt SERVICE Page 1 of 2 ELECTRIC TARIFF SERVICE AGREEMENT SUMMARY AGREEMENT WITH: Phillips Petroleum Company, Phillips, Texas. RATE: Each 7,000 lumen wood pole overhead mercury vapor street light @ $7.55 per month. Each 20,000 lumen mercury vapor light and each 400 watt 20,000 lumen mercury vapor flood light on wood poles @ $ l 8.62 per month. AGREEMENT WITH: Bishop Hills Property Owners, Amarillo, Texas. RATE: Each 7,000 lumen mercury vapor post top light @ $7.55 per month. AGREEMENT WITH: Amarillo College, Amarillo, Texas. RATE: Each 7,000 lumen wood pole overhead mercury vapor street light @ $7.55 per month. Each 20,000 lumen steel pole underground mercury vapor street light (two lamps per pole) @ $23.57 per month. AGREEMENT WITH: Chase Bank, Amarillo, Texas. RATE: Floodlighting of Chase Bank Building, $223.17 per month. AGREEMENT WITH: Texas State Park Board (Palo Duro Canyon). RATE: Each 7,000 lumen mercury vapor overhead light @ $7.55 per month. PRESIDENT AND CEO, PUBLIC UTILITY COMMISSION OF TEXAS SOUTHWESTERN PUBLIC SERVICE COMPANY [:�'h Section No. IV ja cel Energy Sheet No. IV-56 Revision No. 9 S001'HWESTESN ?Ville $11yict Page 2 of 2 ELECTRIC TARIFF SERVICE AGREEMENT SUMMARY AGREEMENT WITH: Hoechst Celanese Chemical Group, Inc., Pampa, Texas. RATE: Each 20,000 lumen steel pole mercury vapor street light @ $18.62 per month (Underground Contribution) TERMS OF PAYMENT: Net in 16 days after mailing date; 5 percent added to bill after 16 days. If the sixteenth day falls on a holiday or weekend, the due date will be the next work day. DETERMINATION OF ENERGY USE: 7,000 lumen lamp use 68 kWh per month 20,000 lumen lamp use 151 kWh per month Floodlighting use 6,909 kWh per month FUEL COST RECOVERY: The charge per kilowatt hour of the above rate shall be increased by the applicable fuel cost recovery factor per kilowatt hour as provided in PUCT Sheet IV-69. FRANCHISE FEE: All current and future franchise fees not included in base rates shall be separately assessed in the municipality where the excess franchise fee is authorized. Bills computed under the above rate will be increased by the additional franchise fees imposed by the appropriate municipality or taxing authority in which jurisdiction the customer's consuming facility resides, when applicable. The franchise fee will appear on the bill as a separate item. PRESIDENT AND CEO, PUBLIC UTILITY COMMISSION OF TEXAS SOUTHWESTERN PUBLIC SERVICE COMPANY r—► Section No. IV Xce/Eney�.gr Sheet No. IV-58 1 Revision No. 9 SOUrNWISrIRH PU1ti6 SEIVIct Page 1 of 1 ELECTRIC TARIFF SERVICE AGREEMENT SUMMARY AGREEMENT WITH: Cal Farley's Boys Ranch, Amarillo, Texas, and Caprock Feeders, Gruver, Texas. POINTS OF SERVICE: Northwest of Amarillo, Southwest of Gruver. RATE: Each 7,000 lumen wood pole overhead mercury vapor light @ $7.55 per month. Each 15,000 lumen wood pole overhead high pressure sodium light @ $9.23 per month. Each 20,000 lumen wood pole overhead mercury vapor light @ $18.62 per month. DETERMINATION OF ENERGY USE: 7,000 lumen MV lamp uses 68 kWh per month 15,000 lumen HPS lamp uses 56 kWh per month 20,000 lumen MV lamp uses 151 kWh per month TERMS OF PAYMENT: Net in 16 days after mailing date; 5 percent added to bill after 16 days. If the sixteenth day falls on a holiday or weekend, the due date will be the next work day. FRANCHISE FEE: All current and future franchise fees not included in base rates shall be separately assessed in the municipality where the excess franchise fee is authorized. Bills computed under the above rate will be increased by the additional franchise fees imposed by the appropriate municipality or taxing authority in which jurisdiction the customer's consuming facility resides, when applicable. The franchise fee will appear on the bill as a separate item. PRESIDENT AND CEO, PUBLIC UTILITY COMMISSION OF TEXAS SOUTHWESTERN PUBLIC SERVICE COMPANY r7 Section No. IV Xce►Energr Sheet No. IV-61 ,�r Revision No. 6 S09INW1111kN PUll1C $11vict Page 1 of 2 ELECTRIC TARIFF SERVICE AGREEMENT SUMMARY AGREEMENT WITH: Canadian River Municipal Water Authority (CRMWA) POINTS OF SERVICE: Pumping Plant No. 1 located at or near Sanford Dam and at the beginning of the Main Aqueduct. Pumping Plant No. 2 located approx. 2 miles southwest of Sanford, TX, and vicinity of Main Aqueduct Station 123+00, Pumping Plant No. 3 located approx. 4 miles south of Fritch, TX, and vicinity of Main Aqueduct Station 549+00. Pumping Plant No. 4 located approx. 12 miles northeast of Amarillo, TX, and vicinity of Main Aqueduct Station 1313+50. Pump Station No. 21 and associated waterfield load located approx. 12 miles N. of Pampa, TX and at the beginning of the Conjunctive Use Project Aqueduct, Station 0+00. Pump Station No. 22 located approx. 4 miles southwest of Borger, TX, and vicinity of Conjunctive Use Project Aqueduct Station 1375+00. RATE: The base rate for firm and interruptible service to CRMWA is: 1.644 ¢ per kWh for the first 3,500,000 kWh used per month. 1.279 0 per kWh for all additional energy used per month. INTERRUPTIBILITY: When a scheduled interruption is requested in any month by Southwestern, CRMWA will interrupt all load at Pump Stations Nos. I through 4 in excess of two pumping units at each station and will also interrupt all load at Pump Stations Nos. 21 through 22 in excess of one pumping unit at each station, and will interrupt all load in the waterfield, including Booster Stations 31 and 32 and the wells associated with these stations, with the exception of the wells feeding Pump Station No. 21 directly or which can be delivered to Pump Station No. 21 by gravity flow. Uninterrupted wells will not have a connected load in excess of 2134 kW. Pump Station Nos. 5 and 6 are not subject to interruption. Normal interruptions of load are not to exceed 60 hours in any month except in an extreme emergency. When a scheduled interruption of load extends such that CRMWA is unable to maintain sufficient water storage, pumps may be restarted with two-hour notice to Southwestern. Energy served during this period will be billed at the rate for the first block of energy. NOTICE OF INTERRUPTION: Southwestern will give notice of need for interruption at least two hours before the interruption is required. During peak load periods Southwestern may give daily schedules of requested interruption one or two weeks in advance. PRESIDENT AND CEO, PUBLIC UTILITY COMMISSION OF TEXAS SOUTHWESTERN PUBLIC SERVICE COMPANY r-I Section No. IV XcejEnergr Sheet No. IV-61 Revision No. 6 SOUTHWISTEIN PUItic SSIVICI Page 2 of 2 ELECTRIC TARIFF FUEL COST RECOVERY: The charge per kilowatt-hour of the above rate shall be increased by the applicable fuel cost recovery factor per kilowatt-hour as provided in PUCT Sheet IV-69. POWER FACTOR: Synchronous motors will be installed on each of the pumping units in CRMWA's pumping plants Nos. 1 through 4, and will be operated at Unity Power Factor. The customer agrees to maintain a power factor of at least 0.95 on pumping units 21 and 22. TERMS OF PAYMENT: Net in 16 days after mailing date; 5 percent added to bill after 16 days. If the sixteenth day falls on a holiday or weekend, the due date will be the next workday. DETERMINATION OF ENERGY FOR SECONDARY POINTS OF DELIVERY: The kWh use for billing purposes for Pump Stations 21 and 22 shall equal 1.03 times the measured kWh. I PRESIDENT AND CEO, PUBLIC UTILITY COMMISSION OF TEXAS SOUTHWESTERN PUBLIC SERVICE COMPANY Section No. IV Xcel Energy" Sheet No. IV-65 iournwisrtsm ►usite SEEYICE Revision No. 11 Page 1 of 2 ELECTRIC TARIFF GUARD LIGHTING SERVICE APPLICABLE: Under contract for night outdoor lighting service where facilities of adequate capacity and suitable voltage are adjacent to the premises to be served. This tariff is closed to new customers as of September 1, 2000 in accordance with the Public Utility Commission of Texas Order in Docket 21190. TERRITORY: Texas service territory. RATE: Each 15,000 lumen high pressure sodium, wood pole, overhead bracket type light for $9.23 per month. Each 7,000 lumen mercury vapor, wood pole, overhead bracket type light for $7.55 per month. One span of secondary line not exceeding 150 feet in length may be furnished under the above rate. Service requiring more than one span of secondary line per light will be furnished by the Company, provided the customer pays a rental charge of $2.19 per month for each additional span not exceeding 150 feet in length. TERMS OF PAYMENT: Net in 16 days after mailing date; 5 percent added to bill after 16 days. If service is billed on a residential bill, the late payment charge will not be imposed. If the sixteenth day falls on a holiday or weekend, the due date will be the work day. DETERMINATION OF ENERGY USE: 15,000 lumen HPS lamp uses 56 kWh per month 7,000 lumen MV lamp uses 68 kWh per month. FUEL COST RECOVERY: The charge per kilowatt hour of the above rate shall be increased by the applicable fuel cost recovery factor per kilowatt hour as provided in PUCT Sheet IV-69. However, Guard Light Service provided by Company which is electrically connected to a circuit previously metered by Company for other electric service shall not have the above rate increased by the applicable fuel cost recovery factor. CONDITIONS OF SERVICE: The Company will construct, own, operate and maintain on the customer's premises, the required number of 15,000 lumen, 150 watt, high pressure sodium overhead lights, and/or the required number of 7,000 lumen, 175 watt, mercury vapor overhead lights, mounted on a metal bracket, photo -electrically controlled, installed on Company's service pole, a separate 30 foot pole, or installed on any suitable mounting device belonging to the customer, and having a secondary line span not exceeding 150 feet in length. Lights will not be installed on any mounting device which in the opinion of the Company is unsafe or not suitable for this purpose. PUBLIC UTILITY COMMISSION OF TEXAS PRESIDENT AND CEO, SOUTHWESTERN PUBLIC SERVICE COMPANY rr Section No. IV Xcel Eri@W Sheet No. W-65 sourHWRlIERN Punkle SERY►ef Revision No. 11 Page 2 of 2 ELECTRIC TARIFF GUARD LIGHTING SERVICE CHARACTER OF SERVICE: A-C; 60 hertz; single phase; 120 or 240 volts. TERM OF CONTRACT: A period of not less than three years. LINE EXTENSIONS: The Company will make line extensions in accordance with its standard line extension policy. FRANCHISE FEE: All current and future franchise fees not included in base rates shall be separately assessed in the municipality where the excess franchise fee is authorized. Bills computed under the above rate will be increased by the additional franchise fees imposed by the appropriate municipality or taxing authority in which jurisdiction the customer's consuming facility resides, when applicable. The franchise fee will appear on the bill as a separate item. RULES REGULATIONS AND CONDITIONS OF SERVICE: Service supplied under this schedule is subject to the terms and conditions set forth in the Company's Rules, Regulations, and Conditions of Service on file with The Public Utility Commission of Texas. PUBLIC UTILITY COMMISSION OF TEXAS PRESIDENT AND CEO, SOUTiiWESTERN PUBLIC SERVICE COMPANY 5(0 Section No. IV Sheet No. IV-69 XRevision cel Energy, No. 26 SOUTHWESTERN PU11IC SERVICE Page I oft ELECTRIC TARIFF FUEL COST RECOVERY FACTOR Application of fuel cost recovery factors are as follows: SECONDARY DISTRIBUTION FUEL COST RECOVERY FACTOR: The Secondary Distribution fuel cost recovery factor to be billed is 3.15190 per kilowatt-hour and shall apply when service is metered at less than approximately 12 kV. PRIMARY DISTRIBUTION FUEL COST RECOVERY FACTOR: The Primary Distribution fuel cost recovery factor to be billed is 3.10890 per kilowatt-hour and shall apply when service is metered at greater than or equal to approximately 12 kV and less than approximately 69 kV. SUB -TRANSMISSION FUEL COST RECOVERY FACTOR: The Sub -transmission fuel cost recovery factor to be billed is 2.97570 per kilowatt-hour and shall apply when service is metered at approximately 69 kV and less than approximately 115 kV or loss compensated meters are used to include losses to the sub -transmission. BACKBONE -TRANSMISSION FUEL COST RECOVERY FACTOR: The Backbone transmission fuel cost recovery factor to be billed is 2.95880 per kilowatt-hour and shall apply when service is metered at greater than or equal to approximately 115 kV or loss compensated meters are used to include losses to the backbone transmission. PURCHASED POWER COST RECOVERY FACTOR (PCRF) Where: A PCRF will be added to each rate schedule. The factor will be determined as follows: PCRFcbss = ((P x AF) - CAcjass)BDcjass P = Estimated purchased power costs, exclusive of fuel, on an annualized basis to cogenerator in excess of the annualized amounts recovered in base rates. AF = The demand allocation factor for each listed rate class used to allocate generation (production) plant in the cost -of -service study most recently approved in the last rate case, as set forth below. 1 PRESIDENT AND CEO, PUBLIC UTILITY COMMISSION OF TEXAS SOUTHWESTERN PUBLIC SERVICE COMPANY r_rf Xceffinerg►r SOUTHWESTERN P1110C SERVICE ELECTRIC TARIFF Section No. IV Sheet No. IV-69 Revision No. 26 Page 2 of 2 CA = A correction amount, including interest, for each rate class to correct for any variance between actual allocated costs and actual revenues derived from the PCRF for the class. The CA balance for the proceeding twelve months as of the end of November will be included in the PCRF calculation for the next year as shown in the above formula. The allocated cost will be determined based on the allocators set forth below. BD = Estimated annual billing determinates for the rate class for the year the PCRF will be in effect. Allocation Factors The following are the allocation factors to be used in the calculation of the PCRF: Rate Class Demand Allocation Factor (AF) Residential 0.161445 Small General Service 0.015003 Commercial & Industrial 0.331165 Small Municipal & School 0.000597 Large Municipal & School 0.014839 Street & Area Lighting 0.001951 TOTAL RETAIL 0.525000 I PRESIDENT AND CEO, PUBLIC UTILITY COMMISSION OF TEXAS SOUTHWESTERN PUBLIC SERVICE COMPANY E Section No. IV Sheet No. IV-73 Xeei Energy Revision No. 4 SOUINWISUIN PUIIIC UAVICI Page IofI ELECTRIC TARIFF SERVICE AGREEMENT SUMMARY AGREEMENT WITH: Hoechst Celanese Chemical Group, Inc. POINT OF SERVICE: Vicinity of Pampa, Texas (Metering Point #2) RATE: The following contract rate is applicable to all power measured by Metering Point #2, and power added to Metering Point #2 by Contract Provision, when the combined output of generating plant CZ-1 and CZ-2 is equal to or greater than the combined Celanese plant load. Contract Rate: 2.60¢/kWh When, in any billing month, the combined output of generating plant CZ-1 and generating plant CZ-2 is less than the combined Celanese plant load, the following supplemental rate is applicable to that portion of demand and energy that exceeds such combined output at any time. Said supplemental rate shall be applied to the excess demand and energy calculated in accordance with Article II Section 2c of the contract. Supplemental Rate: Applicable General Service Rate FUEL COST ADJUSTMENT: The net charge per kWh delivered of the above contract rate shall be increased or decreased 0.00240 per kWh for each 0.50 increase or decrease, or major fraction thereof, per 1,000,000 Btu in the delivered cost of coal to Celanese per 1,000,000 Btu or Southwestern's delivered cost of coal per 1,000,000 Btu at Harrington Plant plus $ -0- per 1,000,000 Btu, whichever is less, above or below $1.51 per 1,000,000 Btu during the preceding month. POWER FACTOR: The customer agrees to maintain a power factor of not less than 90 percent. TAX ADJUSTMENT: Billings under this schedule may be increased by an amount equal to the sum of the taxes payable under federal, state and local sales tax acts, and of all additional taxes, fees, or charges (exclusive of ad valorem, state and federal income taxes) payable by the utility and levied or assessed by any governmental authority on the public utility services rendered, or on the right or privilege of rendering the service, or on any object or event incidental to the rendition of the service, as the result of any new or amended laws after June 1, 1965. MINIMUM: See Article U, Section 3 of the contract. PRESIDENT AND CEO, PUBLIC UTILITY COMMISSION OF TEXAS SOUTHWESTERN PUBLIC SERVICE COMPANY C�) Xceffinerg►y" sourmwist11H RUllic $eRYIct ELECTRIC TARIFF ELECTRICAL SERVICE TO A QUALIFYING FACILITY OF AGGREGATE GENERATION CAPACITY OF 100 KW OR LESS Section No. IV Sheet No. IV-77 Revision No. 10 Page 1 of 1 APPLICABLE: Under contact for standby or supplemental power to customers for electrical service to a customer -owned generation of 100 kW or less capacity where facilities of adequate capacity and suitable voltage are adjacent to the premises to be served. Energy shall be purchased from the qualifying facility in accordance with PUCT Sheet IV-86. TERRITORY: Texas service territory. RATE: Same as tariff for applicable class of service. TERMS OF PAYMENT: Same as tariff for applicable class of service. DEMAND: Same as tariff for applicable class of service. FUEL COST RECOVERY: Sarre as tariff for applicable class of service. CHARACTER OF SERVICE: Same as tariff for applicable class of service. DEFINPI'ION OF QUALIFYING FACILITY: Qualifying Facility means a cogeneration facility or a small power production facility which meets the criteria for qualification set forth in Subpart B, Part 292, Subchapter K. Chapter I, Title 18 of the Code of Federal Regulations. MINIMUM: Same as tariff for applicable class of service. LINE EXTENSIONS: The Company will make line extensions in accordance with its standard line extension policy. FRANCHISE FEE: All current and future franchise fees not included in base rates shall be separately assessed in the municipality where the excess franchise fee is authorized. Bills computed under the above rate will be increased by the additional franchise fees imposed by the appropriate municipality or taxing authority in which jurisdiction the customer's consuming facility resides, when applicable. The franchise fee will appear on the bill as a separate item. PRESIDENT AND CEO, SOUTHWESTERN PUBLIC SERVICE COMPANY PUBLIC UTILITY COMMISSION OF TEXAS 91 Section No. IV �/ Sheet No. IV-86 _ Xcef fiiel`ar Revision No. 10 sourttwtsttrtk rustic s(tvice Page 1 of 2 ELECTRIC TARIFF ENERGY PURCHASE FROM A QUALIFYING FACILITY OF AGGREGATE GENERATING CAPACITY OF 100 KW OR LESS APPLICABLE: Under contract to all customers taking service under the Company's Electric Service to a Qualifying Facility of Aggregate Generating Capacity of 100 kW or Less (PUCT Sheet IV-77), with an installed aggregate generating capacity of 100 kW or less. TERRITORY: Texas service territory. RATE: The customer shall pay the Company $3.90 per month. The Company shall credit to the customer's bill for service an amount equal to the kilowatt hours produced by the Qualifying Facility (as defined under METERING below) and received by the Company during the billing period multiplied by the cost of fuel at the generator and purchased power per kilowatt hour for the billing month in which the energy was received. Such credit shall not be applied unless the customer's account is current and no overdue amounts are outstanding. DEFINITIONS: Qualifying Facility - a cogeneration facility or a small power production facility which meets the criteria for qualification set forth in Subpart B. Part 292, Subchapter K, Chapter I, Title 18 of the Code of Federal Regulations. Net Consumption - meter is installed with detent to measure only the flow of energy from the Company to the customer. Net Production - meter is installed with detent to measure only the flow of energy from the customer to the Company. All Consumption - meter is installed with detent to measure all consumption of the customer, whether provided by the Company or the Qualifying Facility. All Production - meter is installed to measure all production of the Qualifying Facility whether consumed by the customer or input to the Company. PRESIDENT AND CEO, SOUTHWESTERN PUBLIC SERVICE COMPANY PUBLIC UTILITY COMMISSION OF TEXAS Section No. IV Sheet No. IV-86 Xceffinergyr Revision No. 10 SOVtHWISIERN PUILIC SERVICE Page 2of2 ELECTRIC TARIFF ENERGY PURCHASE FROM A QUALIFYING FACILITY OF AGGREGATE GENERATING CAPACITY OF 100 KW OR LESS METERING: The Company will furnish at its expense the necessary metering equipment to measure the energy received from the Customer The following metering options are available: (1) Parallel operation with interconnection through a single meter that measures net consumption. The net consumption shall be billed in accordance with PUCT Sheet IV-77. Net production will not be metered or purchased by the utility, and therefore, the rate above shall not apply. (2) Parallel operation with interconnection through two meters with one measuring net consumption and the other measuring net production. The net consumption shall be billed in accordance with PUCT Sheet N-77. Net production shall be purchased at the above rate. (3) Parallel operation with interconnection through two meters with one measuring all consumption and the other measuring all production. All consumption shall be billed in accordance with PUCT Sheet IV-77. All production shall be purchased at the above rate. (4) A Qualifying Facility of aggregate generating capacity of 50 kW or less interconnected through a single meter that runs forward and backward. Any consumption shall be billed in accordance with PUCT Sheet IV-77. Any production shall be purchased at the above rate. The customer charge above shall not apply. Under this option, the Company may install two meters with one measuring net consumption and the other measuring net production. The excess of net consumption over net production shall be billed in accordance with PUCT Sheet IV-77. The excess of net production over net consumption shall be purchased at the above rate. The customer charge above shall not apply. FRANCHISE FEE: All current and future franchise fees not included in base rates shall be separately assessed in the municipality where the excess franchise fee is authorized. Bills computed under the above rate will be increased by the additional franchise fees imposed by the appropriate municipality or taxing authority in which jurisdiction the customer's consuming facility resides, when applicable. The franchise fee will appear on the bill as a separate item. I - I I � 5 �-,2- - PRESIDENT AND CEO, SOUTHWESTERN PUBLIC SERVICE COMPANY PUBLIC UTILITY COMMISSION OF TEXAS �n 2 Section No. IV Sheet No. IV-91 XCel Energy~ Revision No. 8 SOUTHWIMIN Mile $11VIC[ Page 1 of 4 ELECTRIC TARIFF MUNICIPAL AND STATE STREET LIGHTING SERVICE APPLICABLE: To municipal and State of Texas Agency customers for street lighting service where facilities of adequate capacity and suitable voltage are adjacent to the point of service. TERRITORY: Texas service territory. RATE:' The charge per lamp per month shall be in accordance with the following rates: RESIDENTIAL AREAS LAMP SIZE LAMP TYPE WOOD POLE RESIDENTIAL TYPE STEEL POLE Lumen Overhead Overhead** Underground* 7,000 MV $ 4.38 $ 6.13 $ 6.98 15,000 HPS 8.38 10.36 11.76 COMMERCIAL AREAS AND TRAFFIC ARTERIES LAMP SIZE LAMP TYPE WOOD POLE COMMERCIAL TYPE STEEL POLE Lumen Overhead Overhead** Underground*** 20,000 (2 lamps per pole MV $ 6.60 $ 8.37 $ 10.25 20,000 MV 7.40 10.26 14.00 35,000 MV 10.35 13.07 16.98 50,000 MV 12.56 15.50 19.27 15,000 HPS 8.37 11.24 14.98 27,500 UPS 16.09 18.82 22.60 COMMERCIAL AREAS AND TRAFFIC ARTERIES LAMP SIZE LAMP TYPE EXISTING FEEDER NEW STREET LIGHT CIRCUIT Lumen CIRCUIT (50' POLES) (45'WOOD POLES OVERHEAD) 50,000 HPS $18.59 $21.98 PUBLIC UTILITY COMMISSION OF TEXAS f PRESIDENT AND CEO, SOUTHWESTERN PUBLIC SERVICE COMPANY f2 Section No. IV Sheet No. IV-91 XceiEnergy'" Revision No. B SOurHWEfrFIN Public 1EIVICE Page 2of4 ELECTRIC TARIFF MUNICIPAL AND STATE STREET LIGHTING SERVICE STATE OWNED FREEWAY LIGHTING SYSTEM Available to all State owned and maintained street and highway lighting and incidental safety lighting that is photocell controlled. Lumen Lamp Type Underground 20,000 MV $ 6.20 27,500 HIPS 4.38 _ MV-100 watt 4.38 MV-1,000 watt 13.76 - HPS-400 watt 5.51 15,000 150 watt 4.38 * Applicable to both bracket type and post top luminaires. ** When City owned pole is used or a contribution by customer is made for steel poles, the rate shall be the applicable wood pole overhead rate. *** When underground is installed by City, the rate shall be the applicable steel pole overhead rate. TERMS OF PAYMENT: Net in 16 days after mailing date; 5 percent added after 16 days if the sixteenth day falls on a holiday or weekend, the due date will be the next work day. DETERMINATION OF ENERGY USE: MERCURY VAPOR 7,000 lumen lamp uses 68 kWh per month 20,000 lumen lamp uses 151 kWh per month 35,000 lumen lamp uses 257 kWh per month 50,000 lumen lamp uses 363 kWh per month 100 watt lamp uses 42 kWh per month 1,000 watt lamp uses 363 kWh per month HIGH PRESSURE SODIUM 15,000 lumen lamp uses 56 kWh per month 27,500 lumen lamp uses 97 kWh per month 50,000 lumen lamp uses 159 kWh per month 400 watt lamp uses 159 kWh per month PUBLIC UTILITY COMMISSION OF TEXAS I PRESIDENT AND CEO, SOUTHWESTERN PUBLIC SERVICE COMPANY Section No. IV Sheet No. IV-91 Xcel Energy- Revision No. 9 SOMWEEMN OVILIC SERVICE Page 3of4 ELECTRIC TARIFF MUNICIPAL AND STATE STREET LIGHTING SERVICE FUEL COST RECOVERY: The charge per kilowatt-hour of the above rate shall be increased by the applicable fuel cost recovery factor per kilowatt-hour as provided in PUCT Sheet IV-69. If any street light is permanently removed from service at the City's request, the City will pay to the Company, at the time of removal from service of such light, the original cost of the equipment taken out of service, less'depreciation of four percent per year. If any street light is removed from service temporarily (at least two months) at the City's request, the monthly rate for such light during such temporary disconnection will be the base charge per lamp as stated above. Fuel cost recovery will not be charged or credited on any temporarily disconnected street light. CONDITIONS OF SERVICE: The foregoing rates include the furnishing by the Company of the electric energy necessary to operate the street lighting system, the replacement of lamps, and the normal maintenance of fixtures, wires, transformers and all other component parts of the street lighting systems, as such replacements and maintenance become necessary. In the event maintenance and/or lamp and the glassware replacements become excessive due to vandalism or similar causes, the Company will notify the City and the City will exert whatever means are at its disposal in the form of law enforcement agencies or other protective measures to eliminate destruction of street lighting equipment. If such vandalism persists, the Company reserves the right to remove street lights. The Company will install, own, operate and maintain the street lighting system. If, for any reason, the Company is unable to continue service of particular equipment, such equipment, at the option of the City, will be removed or replaced by the Company with currently available equipment, and the City will pay the appropriate rate for new equipment. Street light burning time will be from approximately one-half hour after sunset to approximately one-half hour before sunrise. STREET LIGHT OUTAGE REPAIR: SPS shall patrol all streetlights on a quarterly basis. SPS will track street light outage information and report performance to any requesting city and/or state agency within thirty (30) days after each quarterly patrol is completed. In addition, SPS will implement a formal system to track street light outage performance and will track trouble reports submitted by: (a) customers; (b) employees; (c) municipalities; and (d) routine SPS patrols. SPS shall target to repair all street light trouble orders, exclusive of freeway lights, within seven calendar days. If a municipal street light, exclusive of freeway lights, is not repaired within PUBLIC UTILITY COMMISSION OF TEXAS I PRESIDENT AND CEO, SOUTHWESTERN PUBLIC SERVICE COMPANY Section No. IV Sheet No. IV-91 XC@E Energy- Revision No. 8 sourHwESrESH IUlllt SERVICE Page 4 of 4 ELECTRIC TARIFF MUNICIPAL AND STATE STREET LIGHTING SERVICE STREET LIGHT OUTAGE REPAIR (coot): seven (7) calendar days after SPS receives notice of the specific streetlight trouble, SPS shall issue a credit to the customer's bill equal to one month's charges for the respective street light. Further, SPS shall issue an additional credit to the customer equal to a month's charges for each such streetlight for each additional seven (7) calendar -day delay in completing repairs for each affected streetlight. Freeway lights shall be repaired iri a reasonable amount of time taking into account coordination with state transportation agencies and arranging traffic control for public safety while SPS agents repair lights on freeways. SPS shall prepare a written street light performance plan including periodic patrolling, advanced re-lamping, painting, and glassware cleaning, and shall provide any city and/or state agency an annual streetlight -performance report showing the number of streetlights for which SPS has issued credits, including an identification of those streetlights for which SPS issued multiple credits, and the amounts of such credits. The streetlight -performance plan shall be completed by December 1 of each year and the streetlight - performance report shall be completed by the end of the First Quarter of the succeeding year to which the report applies. Upon request, SPS shall also provide a detailed report to any requesting city and/or state agency identifying the streetlights for which a trouble report was received, the date the trouble report was received, the commitment date provided by SPS by when the trouble would be repaired, and the date the trouble was repaired. Notwithstanding the above conditions, both customer and SPS realize that storm outages and other items outside of the control of SPS may affect repair times for street light outages. SPS shall not be required to provide credits to customers for delayed repairs caused by or during such events. LINE EXTENSIONS: The Company will make line extensions in accordance with its standard line extension policy. FRANCHISE FEE: All current and future franchise fees not included in base rates shall be separately assessed in the municipality where the excess franchise fee is authorized. Bills computed under the above rate will be increased by the additional franchise fees imposed by the appropriate municipality or taxing authority in which jurisdiction the customer's consuming facility resides, when applicable. The franchise fee will appear on the bill as a separate item. RULES REGULATIONS AND CONDITIONS OF SERVICE: Service supplied under this schedule is subject to the terns and conditions set forth in the Company's Rules, Regulations, and Conditions of Service on file with The Public Utility Commission of Texas. PUBLIC UTILITY COMMISSION OF TEXAS PRESIDENT AND CEO, SOUTHWESTERN PUBLIC SERVICE COMPANY Section No. IV Sheet No. IV-98 Xcei EneW Revision No. 10 saurNwrsrINK ►u►uc tEevice Page 1 of 4 ELECTRIC TARIFF MISCELLANEOUS SERVICE CHARGES APPLICABLE: The service charges listed below are applicable to all customers served by Company and are in addition to any other charges made under Company's tariff for electric service. TERRITORY: Texas service territory. Name 1. Returned Check Charge 2. After Hours Connection Charge Inside City Limits Outside City Limits 3. Field Collection Charge 4. Special Bill Form Charge 5. Account History Charge 6. Reconnect Charge: For Inside City Limits Reconnect during business hours Reconnect during non -business hours For Outside City Limits Reconnect during business hours Reconnect during non -business hours 7. Facilities Rental Charge Charge $ 16.00 $ 87.00 $108.00 $ 10.00 $ 10.00 $ 20.00 or cost, whichever is greater $ 55.00 $ 87.00 $ 90.00 $108.00 2.00% per month applied to net reproduction cost of facilities. PUBLIC UTILITY COMMISSION OF TEXAS ( PRESIDENT AND CEO, I SOUTHWESTERN PUBLIC SERVICE COMPANY l0� Section No. IV Sheet No. IV-98 Xcel Ene - Revision No. 10 (� SOUTHWESTERN ►USLIC SERVICE Page 2of4 ELECTRIC TARIFF MISCELLANEOUS SERVICE CHARGES 8. Restoration of Tampered Service Charge 9. Temporary Service Charge 10. Meter Testing Charge 11. Load Control Equipment Charge 12. Miscellaneous Charges 13. Relocation of Facilities Charge 14. Non -Routine Charges 15. Pulse Metering Equipment Installation and Replacement Charge Installation Cost (One Output) With Additional Output Replacement: Service Call Up to 2 Components All Components Plus Components Meter Pulse Initiator Pulse Termination Box Pulse Isolation Relay PUBLIC UTILITY COMMISSION OF TEXAS $120.00 during business hours each occurrence, $150.00 during non -business hours each occurrence, plus expense for damages At cost At cost, not to exceed $81.00 At cost, see Articles IV and V of Electric Demand Signal Agreement. At cost Cost of relocation. At cost $335 $485 $205 $235 $120 $ 10 $120 PRESIDENT AND CEO, SOUTHWESTERN PUBLIC SERVICE COMPANY WE ik xcel Energy- SOUIH1IA M N P0511C SINVICS ELECTRIC TARIFF DESCRIPTION Section No. IV Sheet No. IV-98 Revision No. 10 Page 3 of 4 1 . Returned Check Charge is made when customer's check has been dishonored by the maker's bank and returned to the Company. 2. After Hours Connection Charge is made when a new connect is requested by customer to be made outside of regular working hours. 3. Field Collection Charge is made when Company makes contact at customer's premises for collection of delinquent bill or deposits. Only one charge is made per month. 4. Special Bill Form Charge is made each time Company provides a manually prepared special bill analysis. 5. Account History Charge is made each time the Customer requests and the Company provides a billing/usage premise history or analysis for more than the most recent 36 months. The charges for these services will equal the Company's labor, material, overhead, and data processing expense for processing the request or $20.00, whichever is greater. 6. Reconnect Charge is made when Customer requests reconnection of electric service after having been disconnected because of a delinquent account. 7. Facilities Rental Charge is made when customer rents facilities owned and maintained by the Company. 8. Restoration of Tampered Service Charge is applied to any customer who has tampered with the meter installed on the customers premises, or by any manner or means has prevented the total energy from being registered by the meter installed for such purposes. 9. Temporary Service Charge is made when a customer requests temporary services. In addition to the cost of service rendered under the applicable rate, the customer will be charged the cost of installing and removing the facilities required to provide temporary service, in excess of any salvage realized. PUBLIC UTILITY COMMISSION OF TEXAS PRESIDENT AND CEO, SOUTHWESTERN PUBLIC SERVICE COMPANY Section No. IV Sheet No. IV-98 Xcel Energ►y"' Revision No. 10 SOOtNWfitERN IUIEIC SERVICE Page 4 of 4 ELECTRIC TARIFF 10. Meter Testing Charge is free for the first meter test. If the meter has been tested at the customer's request and within a period of four years the customer requests a new test, the company may charge the customer an amount to recover the cost of the test, not to exceed $81.00 for a residential customer, if the meter is determined to be functioning properly. 11. Load Control Equipment Charge is equal to the cost for materials, labor, transportation, miscellaneous expenses, and all applicable overheads for the installation necessary to provide the required signals. In certain cases, the customer may be charged for totalizing and/or recording equipment. The customer will also be charged for the operation and maintenance expenses in accordance with Articles IV and V of the Electric Demand Signal Agreement, 12. Miscellaneous Charges is made for services performed at the request of the customer but not covered specifically by any rate. The charges will be the reasonable costs incurred for performing such services including but not limited to, parts, labor and transportation. 13. Relocation of Facilities Charge is made when customer requests the relocation of facilities for Customer's benefit or convenience. 14. Non -Routine Charge is made for maintenance and replacement of street lighting facilities, other than what is provided for in the street light tariff. These costs include labor, materials, transportation, processing, and special equipment. This includes, without limitation, cost for traffic control as required by federal, state or local laws or regulations. 15. Pulse Metering Equipment Installation and Replacement Charge is made when Customer requests access to pulse from the revenue meter in accordance with the Agreement and Terns and Conditions for Pulse Metering Equipment Installation. Replacement of existing pulse metering equipment is charged according to type of equipment customer requests to be replaced. PUBLIC UTILITY COMMISSION OF TEXAS I PRESIDENT AND CEO, SOUTHWESTERN PUBLIC SERVICE COMPANY 70 Xceffnergyft soutH W1st1RN 00111C $11vict ELECTRIC TARIFF SERVICE AGREEMENT SUMMARY Section No. IV Sheet No. IV-99 Revision No. 6 Page IofI AGREEMENT WITH: Degussa Engineered Carbons (Degussa)(formerly J.M. Huber Corp.) POINT OF SERVICE: Vicinity of Borger, Texas RATE: The Contract rate of 0.52460 per kWh used per month. When, in any billing month, the kilowatt-hour (kWh) output of Degussa's generating plant is less than Degussa's kWh load, the applicable general service rate shall apply to that portion of demand and energy that exceeds the output, except during one month each calendar year which is mutually agreed upon by SPS and Degussa for scheduled boiler inspection and maintenance. In that month, all kWh's will be billed at the contract rate above. TERMS OF PAYMENT: Net in 16 days after mailing date; 5 percent added to bill after 16 days. If the sixteenth day falls on a holiday or weekend, the due date will be the next work day. FUEL COST RECOVERY: The net charge per kWh delivered under the above contract rate shall be increased by the PRIMARY DISTRIBUTION FUEL COST RECOVERY FACTOR provided in PUCT Sheet No. IV-69. ORIGINAL CONTRACT PERIOD: January 1, 1989 through December 31, 1995. ANNUAL MINIMUM CHARGE: The contract rate for an amount of kilowatt-hours calculated by multiplying the maximum kW demand of Degussa's load experienced during the twelve previous months by 5256 hours. FRANCHISE FEE: All current and future franchise fees not included in base rates shall be separately assessed in the municipality where the excess franchise fee is authorized. Bills computed under the above rate will be increased by the additional franchise fees imposed by the appropriate municipality or taxing authority in which jurisdiction the customer's consuming facility resides, when applicable. The franchise fee will appear on the bill as a separate item. PRESIDENT AND CEO, PUBLIC UTILITY COMMISSION OF TEXAS SOUTHWESTERN PUBLIC SERVICE COMPANY 11 Xcelfnergy" SOUtHWIStIlk POILIC SERYICE ELECTRIC TARIFF LATE PAYMENT RIDER APPLICABLE: To all customers other than residential customers. TERRITORY: Lubbock, Texas. Section No. IV Sheet No. IV-103 Revision No. I Page 1 of 1 LATE PAYMENT CHARGE: A charge of five percent for late payment shall be made on all service bills, except residential, not paid within 21 days after the mailing date. PUBLIC UTILITY COMMISSION OF TEXAS PRESIDENT AND CEO, SOUTHWESTERN PUBLIC SERVICE COMPANY 77 Section No. IV ja XceILnergym Sheet No. N-I08 Revision No. 4 SourHWEstION 1u111C SERVICE Pagel of 2 ELECTRIC TARIFF LARGE GENERAL SERVICE - TRANSMISSION APPLICABLE: To all commercial and industrial electric service supplied at transmission voltage and at one point of delivery measured through one meter, where facilities of adequate capacity and suitable voltage of 69 kV or higher are adjacent to the premises to be served. Not applicable to temporary, breakdown, standby, supplementary, resale or shared service. TERRITORY: Texas service territory. RATE: Service Availability Billing Charge: $66.00 per month Service Availability Charge Per Meter Per Month: Voltage Level: 230 kV 115 kV 69kV Primary $3,200.00 $2,620.00 $2,430.00 $150.00 Energy Charge: 0.280¢ per kWh for all kWh used during the month Demand Charge: $5.97 per kW of demand used per month during each summer month $4.25 per kW of demand used per month during each winter month WINTER MONTHS: The billing months of October through May. SUMMER MONTHS: The billing months of June through September. OPTIONAL SERVICE: Customers receiving service under this rate may elect to receive interruptible service under the Interruptible Credit Option. DETERMINATION OF DEMAND: The kW determined from Company's demand meter for the 30-minute period of customer's greatest kW use during the month. POWER FACTOR: Applicable to customers on this rate schedule with a peak demand of 200 kW or greater. Customer, at all times, will maintain at Company's point of delivery a power factor of not less than 90% lagging. I PRESIDENT AND CEO, PUBLIC UTILITY COMMISSION OF TEXAS SOUTHWESTERN PUBLIC SERVICE COMPANY —77 ja Xceffinergy" SourHWESIERN Pulllt SERVICE ELECTRIC TARIFF POWER FACTOR (coot): Section No. IV Sheet No. IV-108 Revision No. 4 Page 2 of 2 In the event a low voltage condition due to lagging power factor exists in a degree sufficient to impair the Company's service, customer will install suitable capacitor or other equipment necessary to raise the over-all power factor at the point of delivery to a satisfactory value. Where such power factor correction equipment is used, customer will install and maintain a relay, switch, or other regulating equipment for purpose of disconnecting or controlling the power factor correction equipment in order to prevent excessive voltage variations on Company's lines. LOSS ADJUSTMENT: The meter readings used for billing shall be increased to include all transformation losses when metering is installed on the secondary side of less than 69 kV of any voltage transformation made on the customer's side of the point of service. FUEL COST RECOVERY AND ADJUSTMENTS: The charge per kilowatt hour of the above rate shall be increased by the applicable fuel cost recovery factor per kilowatt hour as provided in PUCT Sheet IV-69. This rate schedule is subject to other applicable rate adjustments as in effect from time to time in this tariff. CHARACTER OF SERVICE: Three phase, 60 hertz, supplied to the entire premises at approximately 69,000 volts or above. LINE EXTENSIONS: All cost of equipment, supplies, and labor related to the installation of facilities necessary to make service available shall be paid by the customer in advance. No transformation will be made by the Company at the point of service. 'TERMS OF PAYMENT: Net in 16 days after mailing date; 5 percent added to bill after 16 days. If the sixteenth day falls on a holiday or weekend, the due date will be the next work day. FRANCHISE FEE: All current and future franchise fees not included in base rates shall be separately assessed in the municipality where the excess franchise fee is authorized. Bills computed under the above rate will be increased by the additional franchise fees imposed by the appropriate municipality or taxing authority in which jurisdiction the customer's consuming facility resides, when applicable. The franchise fee will appear on the bill as a separate item. RULES, REGULATIONS AND CONDITIONS OF SERVICE: Service supplied under this schedule is subject to the terrns and conditions set forth in the Company's Rules, Regulations and Conditions of Service on file with The Public Utility Commission of Texas and to the terms and conditions of any special contract service between Company and customer not in conflict herewith. PRESIDENT AND CEO, PUBLIC UTILITY COMMISSION OF TEXAS SOUTHWESTERN PUBLIC SERVICE COMPANY 74 Xcel Energy" SOUINWISURN Pullic $11vict ELECTRIC TARIFF SERVICE AGREEMENT SUMMARY AGREEMENT WITH: Phillips Petroleum Company Bartlesville, Oklahoma POINTS OF SERVICE: Hutchinson County in Texas. APPLICABLE: Only to transmission service at or above 69 kV. RATE, Service Availability Billing Charge: $66.00 per month Service Availability Charge Per Meter Per Month: Section No. IV Sheet No. IV-109 Revision No. 5 Pagel of 2 Voltage Level: 230 kV 115 kV 69kV Primary $3,200.00 $2,620.00 $2,430.00 $150.00 Energy Charge: 0.280¢ per kWh for all kWh used during the month Demand Charge: $5.97 per kW of demand used per month during each summer month $4.25 per kW of demand used per month during each winter month NOTE: All meter readings of service under this tariff will be combined for billing purposes. TERMS OF PAYMENT: Net in 16 days after mailing date; 5 percent added to bill after 16 days. If the sixteenth day falls on a holiday or weekend, the due date will be the next work day. DETERMINATION OF DEMAND: The kW determined from Company's demand meters for the 30-minute period of customer's greatest kW use during the month. PRESIDENT AND CEO, PUBLIC UTILITY COMMISSION OF TEXAS SOUTHWESTERN PUBLIC SERVICE COMPANY 7-j�7 Section No. IV Xcel Energy Sheet No. IV-109 '� Revision No. 5 SOUtHWISUIN FUNUC 111VICE Page 2 of 2 ELECTRIC TARIFF SERVICE AGREEMENT SUMMARY LOSS ADJUSTMENT: The meter readings used for billing shall be increased to include all transformation losses when metering is installed on the secondary side of less than 69 kV of any voltage transformation made on the customer's side of the point of service. LINE EXTENSIONS: All cost of equipment, supplies, and labor related to the installation cost of facilities necessary to make service available shall be paid by the customer in advance. No transformation will be made by the Company at the point of service. FUEL COST RECOVERY: The charge per kilowatt-hour of the above rate shall be increased by the applicable fuel cost recovery factor per kilowatt-hour as provided in PUCT Sheet IV-69. CHARACTER OF SERVICE: A-C; 60 hertz; at one available standard transmission voltage for each point of service. MINIMUM CHARGE: The Demand Charge. FRANCHISE FEE: All current and future franchise fees not included in base rates shall be separately assessed in the municipality where the excess franchise fee is authorized. Bills computed under the above rate will be increased by the additional franchise fees imposed by the appropriate municipality or taxing authority in which jurisdiction the customer's consuming facility resides, when applicable. The franchise fee will appear on the bill as a separate item. PRESIDENT AND CEO, PUBLIC UTILITY COMMISSION OF TEXAS SOUTHWESTERN PUBLIC SERVICE COMPANY 76 Section No. IV Sheet No. IV-117 Xcel Energy- Revision No. 1 sout1twEstERN FullIC $14VICE Page 1 of 4 ELECTRIC TARIFF PURCHASE OF NON -FIRM ENERGY FROM QUALIFYING FACILITIES AVAILABILITY This tariff is available under contract and shall apply to purchases by the Company of non -firm energy received from the Customer's Qualifying Facility which has a generating capability in excess of 100 kilowatts. Purchases of non -firm energy will be made in accordance with the Public Utility Commission of Texas ("PUCT") regulations (P.U.C. SUBST. R. 25,242). This tariff does not require or provide for any electric service by the Company to the Customer. The Customer may request such service from the Company and, if required by the Company, shall enter into separate contractual agreements with the Company in accordance with the applicable electric tariff(s). Qualifying Facility ("QF") as used in this tariff, means a cogeneration or small power production facility which qualifies under Title 18, Chapter 1, Subchapter K, Part 292, Subpart B of the Code of Federal Regulations (Federal Energy Regulatory Commission's regulations implementing Sections 201 and 210 of the Public Utility Regulatory Policies Act of 1978 with regard to small power production and cogeneration). Nothing in this tariff shall limit the authority of the Company and the Customer to negotiate and agree to a rate for any purchase, or terms or conditions relating to any purchase, which differ from the provisions of this tariff. PAYMENT DETERMINATION Company will pay the customer for non -firm energy received from the QF at a rate equal to Company's hourly Adjusted Non -firm Energy Cost (ANFECI) times the kilowatt-hours delivered by the QF each respective hour during the month times the specific predetermined loss factor appropriate to Customer's QF. Monthly Payment = Sum of hourly payments during the month minus the montlily administrative charge Hourly Payment; = ANFECi x kWhQF.i x LFQF where: ANFECi = Adjusted Non -firm Energy Cost for hour i as expressed in dollars per kilowatt-hour and rounded to six decimal places; kWhQF,; = kilowatt-hours delivered by Customer's QF during hour i of the month; LFQF = predetermined Customer specific loss factor; QF refers to Customer's specific qualifying facility; and i refers to a specific hour within the month. PRESIDENT AND CEO, PUBLIC UTILITY COMMISSION OF TEXAS SOUTHWESTERN PUBLIC SERVICE COMPANY % 7 Section No. IV Sheet No. IV-117 XcelEnergy,- Revision No. 1 souTHWESrFdN rustic sinvicr Page 2 of 4 ELECTRIC TARIFF PURCHASE OF NON -FIRM ENERGY FROM QUALIFYING FACILITIES ANFECi represents the Company's adjusted average avoided energy cost for hour i as computed in accordance with the PUCT regulations (P.U.C. SUBST. R. 25.242). The ANFECi factor for each hour i of the month will be calculated as ninety-nine percent (99%) of Company's average Non -Firm Energy Cost ("NFECi") for each respective hour. The formula for ANFECi is as follows: where: ANFECi = 99 percent x NFECi NFECi = non -firm energy cost factor for hour i of the month as expressed in dollars per kilowatt-hour; NFECi represents the Company's computed average non -firm avoided energy cost for each hour i of the month. NFECi will be determined by Company as the difference in Company's production costs with and without the total amount of non -firm energy provided by all QFs pursuant to this tariff divided by the total amount of non -firm energy provided by all QFs pursuant to this tariff. The formula for NFECi is as follows: where: CPC - CPC l,i O,i NFECi = TNFE; CPCI,i = Company's reconstructed production costs, including purchased power expenses, for hour i as if all non -firm energy supplied by QFs pursuant to this tariff was generated by Company or purchased from another source; CPCo,i = Company's actual production costs, including purchased power expenses (exclusive of purchased power costs for purchases made from QFs pursuant to this tariff), for hour i with all Customer's non -firm energy avoiding Company's production costs or other purchased power expenses; and TNFEi total non -firm energy provided during hour i by all QFs supplying energy to Company pursuant to this tariff. PRESIDENT AND CEO, PUBLIC UTILITY COMMISSION OF TEXAS SOUTHWESTERN PUBLIC SERVICE COMPANY WAN Section No. IV Sheet No. IV-117 XcelEherg►y- Revision No. I SOUNWEfrERN fV1116 SERVICE Page 3 of 4 ELECTRIC TARIFF PURCHASE OF NON -FIRM ENERGY FROM QUALIFYING FACILITIES Company's System Planning Department will calculate a predetermined loss factor ("LFQO applicable to Customer's specific QF to account for the increase or decrease in transmission system losses attributable to the presence of the Customer's QF on Company's electrical system. The loss factor will be determined using power flow analysis to calculate the annual average incremental or decremental losses in the Company's system resulting from the purchase of non - firm energy from Customer's QF. If Customer requests in writing, and within six months of any payment period, Company shall make available supporting information from which the monthly calculations for payment were made. The payments for non -firm energy will be made to Customer provided the PUCT recognizes such payments as allowable purchased energy costs to be fully recoverable under the PUCT's regulations (P.U.C. SUBST. R. 25.238). Company will assess in accordance with the PUCT's regulations (P.U.C. SUBST. R. 25.242) a monthly administrative charge to compensate for the computation and billing the hourly ANFECs and the Customer's credit statement. This charge will be subtracted from Customer's monthly credit statement regardless of whether Company has purchased non -firm energy from the Customer's QF during such billing period. In the event the PUCT enters an order authorizing Company to make any change in the above administrative costs which Company receives from the Customer, such change shall be automatically implemented as a part of this tariff. PAYMENT Company shall read Customer's QF meter monthly, send a statement and make a payment on or before the 200' calendar day after the meter is read; except that Customer will make arrangements with Company to ensure that all payments to Company for electrical service will be made and are current on or before the day of Company's payments to Customer. The statement will show the summation of the hourly kilowatt-hours of energy metered and delivered by the Customer's QF, the monthly average hourly ANFEC factor, the monthly administrative cost assessment by Company, and the total credit amount to Customer or the amount due to Company. PRESIDENT AND CEO, PUBLIC UTILITY COMMISSION OF TEXAS SOUTHWESTERN PUBLIC SERVICE COMPANY -1Q Section No. IV Sheet No. IV-117 Xcel Energy- Revision No. 1 SOUTHWES/ERN ►UItIC SIRVICI Page 4 of 4 ELECTRIC TARIFF PURCHASE OF NON -FIRM ENERGY FROM QUALIFYING FACILITIES CONTRACT The sale of non -firm energy to the Company by Customer under this tariff requires a written contract. The contract shall be negotiable by the Company and the Customer. INTERCONNECTION COSTS If the Company determines an interconnection study is necessary, the Company shall perform such study within a reasonable period of time under reasonable terms and conditions agreed upon by the parties. The Customer shall be responsible for the costs of such study. The interconnection study shall determine the equipment and facilities, and the costs associated therewith, that must be designed, purchased, installed, modified, replaced and/or removed to economically, reliably, and safely integrate Customer's QF into the Company's electrical system. The Customer shall pay any interconnection costs, which are defined as the costs of connection, switching, metering, telemetering, transmission, distribution, safety provisions, or any other costs directly related to the installation of physical facilities necessary to permit interconnected operations with the Customer, to the extent such costs are in excess of the corresponding costs that the Company would have incurred if it had not engaged in interconnection operations, but instead generated an equivalent amount of electric energy itself or purchased an equivalent amount of electric energy from other sources. Interconnection costs do not include any costs included in the calculation of avoided costs. FRANCHISE FEE All current and future franchise fees not included in base rates shall be separately assessed in the municipality where the excess franchise fee is authorized. Bills computed under the above rate will be increased by the additional franchise fees imposed by the appropriate municipality or taxing authority in which jurisdiction the customer's consuming facility resides, when applicable. The franchise fee will appear on the bill as a separate item. PRESIDENT AND CEO, PUBLIC UTILITY COMMISSION OF TEXAS SOUTHWESTERN PUBLIC SERVICE COMPANY C, Section No. IV Sheet No. IV-118 10 Revision No. 2 Xcel Energy`" $00rNWt$rEAN Punic SERVICE Pagel of 3 ELECTRIC TARIFF FLOOD LIGHT SYSTEMS APPLICABLE: Under contract to all night outdoor flood light service where facilities of adequate capacity and suitable voltage are adjacent to the premises to be served. This tariff' will be closed to new customers as of September 1, 2000 in accordance with the Public Utility Commission of Texas Order in Docket 21190. TERRITORY: Texas service territory. RATE: The charge per month shall be the sum of A + B + C. A. Charge per light per month for the first light on each 30 foot wood pole with overhead service: Lamp Wattage Metal Halide 150 N/A 175 $16.19 250 17.35 400 18.05 1,000 27.62 B. Added charge per month each additional light per pole: Lamp Wattage Metal Halide 150 N/A 175 $ 7.06 250 8.06 400 8.73 1,000 18.24 C. Additional charge per month per pole: High Pressure Sodium $16.09 N/A 17.43 18.44 27.93 Hlah Pressure Sodium $ 6.97 N/A 8.14 9.11 18.53 Added Charge Added Charge Added Charge Pole Per Overhead Per Wood Pole Added Charge Per Steel Pole Height Wood Pole Underground Per Steel Pole Under -ground 30' $ .00 $3.03 $ 5.05 $ 8.09 35' 1.49 4.52 6.54 9.58 40' 3.19 6.23 8.25 11.28 45' 4.51 7.56 9.57 12.61 50' 5.97 9.01 N/A N/A PUBLIC UTILITY COMMISSION OF TEXAS I PRESIDENT AND CEO, SOUTHWESTERN PUBLIC SERVICE COMPANY C( Section No. IV Sheet No. W-118 Xcel Energy- Revision No. 2 SourNWISMIN rustic 211vi:E Page 2of3 ELECTRIC TARIFF FLOOD LIGHT SYSTEMS TERMS OF PAYMENT: Net in 16 days after mailing date; 5 percent added after 16 days. If the sixteenth day falls on a holiday or weekend, the due date will be the next work day. DETERMINATION OF ENERGY USE: Lamp Metal halide Wattage Lumen kWh 150 --- --- 175 14,000 62 250 20,500 97 400 36,000 136 1,000 110,000 359 High Pressure Sodium Lumen kWh 16,000 56 27,500 97 50,000 159 140,000 350 FUEL COST RECOVERY: The above rate shall be increased by the applicable fuel cost recovery factor per kilowatt hour as provided in PUCT Sheet No. 1V-69. However, Flood Light Systems service provided by Company which is electrically connected to a circuit previously metered by Company for other electric service shall not have the above rate increased by the applicable fuel cost recovery factor. CONDITIONS OF SERVICE: The Company will construct, own, operate and maintain on the customer's premises, the required number of overhead flood lights, photo -electrically controlled, installed on Company's poles of the type and size selected by the customer, and having a secondary line span not exceeding 150 feet in length. One span of secondary line not exceeding 150 feet in length may be furnished. under the above rate with each pole. Service requiring more than one span of secondary line per pole will be furnished by the Company, provided the customer pays an additional charge of $2.19 per month for each additional span not exceeding 150 feet in length. The Company will not construct, own, or maintain underground lines on the customer's premises. Construction for underground lines will be built to the specifications of the Company and will be arranged and paid for by the customer. The customer is responsible for any trenching and backfilling necessary for construction. CHARACTER OF SERVICE: A-C; 60 hertz; single phase; 120 or 240volts. TERM OF CONTRACT: A period of not less than three years. LINE EXTENSIONS: The Company will make line extension in accordance with its standard line extension policy. PUBLIC UTILITY COMMISSION OF TEXAS I PRESIDENT AND CEO, SOUTHWESTERN PUBLIC SERVICE COMPANY Section No. IV Sheet No. IV-118 fj] Xcei Energy Revision No. 2 SOMWIMIN ►UStIC SEAVICI Page 3 of 3 ELECTRIC TARIFF FRANCHISE FEE: All current and future franchise fees not included in base rates shall be separately assessed in the municipality where the excess franchise fee is authorized. Bills computed under the above rate will be increased by the additional franchise fees imposed by the appropriate municipality or taxing authority in which jurisdiction the customer's consuming facility resides, when applicable. The franchise fee will appear on the bill as a separate item. RULES REGULATIONS AND CONDITIONS OF SERVICE: Service supplied under this schedule is subject to the terms and conditions set forth in the Company's Rules, Regulations, and Conditions of Service on file with The Public Utility Commission of Texas. PUBLIC UTILITY COMMISSION OF TEXAS I PRESIDENT AND CEO, SOUTHWESTERN PUBLIC SERVICE COMPANY 9 XcelEnetW SOUtHW(fi(#N PUBLIC $(#VICE ELECTRIC TARIFF AGREEMENT WITH: Rate FERC Number Schedule Central Valley Electric Cooperative, Inc. 952 114 Farmers Electric Cooperative, Inc. 954 115 Roosevelt County Electric Cooperative, Inc. 988 117 Lea County Electric Cooperative, Inc. 957 116 Cap Rock Energy Corporation 972 118 Section No. IV Sheet No. IV-124 Revision No. 1 Page 1 of 2 AVAILABILITY: Available in the territory in which Company operates, to full requirements Wholesale Customers for resale and distribution. Service under this rate schedule is subject to the terms and conditions specified in the contract for electric service in effect between the parties as of the effective date of this rate schedule. CHARACTER OF SERVICE: Service under this rate schedule shall be firm, and shall be 3 phase, 60 hertz electric energy at the available standard transmission voltage, 69 kV or above. Customer shall receive unbundled power and transmission services under the terms and conditions of FERC Order No. 888. MONTHLY RATE: Delivery Point Charge: $85.75 per delivery point Demand Charge: $4.61 per kW/month at the input to the transmission system Energy Charge: $0.03682 per kWh at the input to the transmission system. The loss factor used to adjust the delivery point -metered quantities to the input to the transmission system shall be as specified in the applicable Open Access Transmission Tariff under which transmission services are provided. MEASUREMENT OF DEMAND: For transmission delivery points, the measured kW demand shall be the maximum thirty (30) minute period of Customer use coincident with the Company's transmission peak during the month. For distribution delivery points (service voltage below 69 W), the measured kW demand as determined above shall be multiplied by 1.074. DETERMINATION OF BILLING DEMAND: The billing demand for each Customer shall be the sum of the coincident measured demands from all delivery points, but not less than 65 percent of the highest sum of the coincident measured demands established in the preceding eleven (11) months. PUBLIC UTILITY COMMISSION OF TEXAS PRESIDENT AND CEO,SOUTHWESTERN PUBLIC SERVICE COMPANY XcelEnergr SOUINWISiERN PUltit SIRVICf ELECTRIC TARIFF Section No. IV Sheet No. IV-124 Revision No. 1 Page 2 of 2 DETERMINATION OF ENERGY FOR DISTRIBUTION POINTS OF DELIVERY: The kWh used for billing purposes for all distribution system points of delivery (service voltage below 69 kV) shall equal 1.032 times the measured kWh delivery at each such delivery point_ TRANSMISSION: Customer, or its designated agent, will arrange for all necessary transmission and ancillary services under Company's Open Access Transmission Tariff on file with the FERC. FUEL COST ADJUSTMENT: The above energy charges will be increased per kWh of sales equal to the estimated fuel cost per kWh of sales in the current month and adjusted for the preceding two month's estimate error. The energy charge adjustment shall be calculated in compliance with the formula and conditions set forth in the Wholesale Fuel Cost and Economic Purchased Power Adjustment Clause, PUCT Sheet No. 1V-135- TAX ADJUSTMENT: Billings under this schedule may be increased by an amount equal to the sum of the taxes payable under federal, state and local sales tax acts, and of all additional takes, fees or charges, (exclusive of ad valorem, state and federal income taxes) payable by the utility and levied or assessed by any governmental authority on the public utility services rendered, or on the right or privilege of rendering the service, or on any object or event incidental to the rendition of service as the result of any new or amended laws after July 1, 2006. MINIMUM BILL: The customer charge and the demand charge for the month. PAYMENT: SPS shall render to Customer (by regular mail, facsimile or other mutually acceptable means) for each calendar month charges due under this agreement during the preceding month. On or before seventeen (17) days after receipt of invoice, or if the 17'b day is not a business day, the immediately following business day, Customer shall render by wire transfer (or as otherwise mutually agreed) the amount set forth on such statement pursuant to the payment instruction SPS will provide to the Customer. Customer will be deemed to have received its monthly bill on the date that it is electronically transferred by SPS, provided that such bill is received by the Customer before 5:00 pm local time on such date. Overdue payments shall accrue interest from, and including the due date to, but excluding, the date of payment at the FERC interest rate. If Customer in good faith disputes a statement, customer shall provide a written explanation of the basis for the dispute and pay the portion of such statement conceded to be correct no later than the due date. If any amount disputed by Customer is determined to be due to SPS, it shall be paid within ten (10) days of such determination, along with interest accrued at the FERC interest rate until date paid. Nothing contained herein shall be construed as affecting in any way the right of the party furnishing service under this rate schedule to unilaterally make application to the Federal Energy Regulatory Commission for a change in rates under Section 205 of the Federal Power Act and pursuant to the Commission's Rules and Regulations promulgated thereunder. PUBLIC UTILITY COMMISSION OF TEXAS PRESIDENT AND CEO, SOUTHWESTERN PUBLIC SERVICE COMPANY n-- 2. Section No. IV Sheet No. IV- 135 Xcel Energy- Revision No. 1 SOutHWEStERN rustic SERVICE Page 1 of 4 ELECTRIC TARIFF WHOLESALE FUEL COST AND ECONOMIC PURCHASED POWER ADJUSTMENT CLAUSE (FCA) The charges for wholesale service rendered during the current billing period, which shall be a calendar month, measured at the output of the transmission system, shall be increased or decreased by an adjustment amount, per kilowatt-hour (kWh) of sales, equal to the difference (to the nearest $0.000001) between the estimated fuel cost (eF) per kWh of estimated sales (eS) in the current billing period (m), and the base cost of fuel (b), with the total charges adjusted by a dollar amount to correct for prior wholesale over or under collections: Adjustment Factor ($/kWh) = (eFm/eSm)-(Fb/Sb) The base cost of fuel, (Fb/Sb) is $0.03443 per kWh. Fuel costs (F), measured in $, shall be the cost of: (i) fossil and nuclear fuel consumed in Company's own plants, and Company's share of fossil and nuclear fuel consumed in jointly owned or leased plants or plants under contract to toll Company -provided fuel. The cost of fuel shall include the items listed in Account 151 (Fuel Stock) and Account 518 (Nuclear Fuel Expense) of the Commission's Uniform System of Accounts for Public Utilities and Licensees, but shall not include the gains or losses realized on the settlement of financial Kedge transactions related to the costs of fuel purchased for electric generation from Company -owned, jointly owned, leased or tolled generating capacity; (ii) Plus, the actual identifiable fossil and nuclear fuel costs associated with energy purchased for reasons other than identified in section (iii) below in order to serve the sum of the Company's retail and wholesale requirements loads and wholesale firm sale obligations undertaken for a term of purchase of one year or longer ("Obligation Load'), including, without limitation, sales made to Public Service Company of New Mexico ("PNM") under Service Schedule C of the Interconnection Agreement between PNM and Company; PRESIDENT AND CEO, PUBLIC UTILITY COMMISSION OF TEXAS SOUTHWESTERN PUBLIC SERVICE COMPANY 1J Section No. IV Sheet No. N-135 xCE F17AP(iV'" Revision No. l $0UINWESIERN /UIE1C SERVICE Page 2 of 4 ELECTRIC TARIFF (iii) plus, the "total cost of the purchase" of "Economic Power," as those terms are defined in Section 35.14(a)(11) of the Commission's regulations, if the reserve capacity of the Company is adequate independent of all other purchases where non -fuel charges are included in either Fb or Fm; (iv) plus, energy charges for any purchase including, without limitation, the total energy costs associated with purchases from any wind energy projects to the extent that the energy -related charges incurred for the purchase over the term of the purchase are less than the Company's total avoided variable costs. For energy purchases greater than one year, the Company will measure the monthly purchase price relative to the Company's total monthly avoided variable cost. The Company will only include in the FCA the lesser of the cumulative purchase price or the total avoided variable cost incurred through the term of the purchase to date; (v) plus, the portion of the cost of purchases from Qualifying Facilities at or below Company's avoided variable energy cost; and (vi) less, the cost of fossil and nuclear fuel and the costs of energy purchases recovered through all inter -system sales. I--`- 5;�2_ I PRESIDENT AND CEO, PUBLIC UTILITY COMMISSION OF TEXAS SOUTHWESTERN PUBLIC SERVICE COMPANY e Section No. IV Sheet No. IV-135 Xcel Energy- Revision No. 1 S0U111WESTERN /Ult1C SERVICE Page 3 of 4 ELECTRIC TARIFF 3. Sales (S), measured in kWh, shall be equated to: (i) the sum, measured in kWh at the generator bus -bar or purchased power interconnection point, of (1) generation, (2) purchases, and (3) exchange received (the positive or negative difference between (a) the net actual interchange between the Company's control area and other control areas and (b) the net scheduled interchange between the Company's control area and other control areas, due to the Company); and (ii) less, inter -system sales, as referred to in section 2(vi) above. 4. The current month true -up adjustment applicable to a wholesale customer for prior adjustment factor over- or under -collections shall be calculated as follows, with all values referring to actual data or estimates for the prior month: (i) actual fuel costs (F) divided by actual sales (S); (ii) minus the estimated fuel costs (eF) divided by the estimated sales (es); and (iii) times the Company's actual wholesale sales to the customer. The true -up amount shall be debited or credited to the customer's current month's billing. 5. (i) The fuel cost adjustment factor calculation shall not include: (1) the net energy cost of electric energy generated by Company at the Celanese Corporation (Celanese) chemical plant and consumed by Celanese at that plant; and I PRESIDENT AND CEO, PUBLIC UTILITY COMMISSION OF TEXAS SOUTHWESTERN PUBLIC SERVICE COMPANY Section No. IV Sheet No. IV- l35 Xce1 Energy- Revision No. I SOUINWESIIRN /UltIC SERVICE Page 4 of 4 ELECTRIC TARIFF (2) the kilowatt-hours generated at the Celanese chemical plant, not to exceed the amount of electric energy consumed at that plant. (ii) The fuel cost adjustment factor calculation shall include: (1) the net energy cost of energy generated by the Company at the Celanese chemical plant in excess of what was consumed by Celanese; and (2) the kilowatt-hours generated at the Celanese chemical plant, in excess of what was consumed by Celanese. For Economic Power purchases referred to in section 2(iii) above, capacity, demand, and transmission costs associated with such purchases shall qualify for inclusion if the minimum annual planning capacity margin of 12% is projected to be satisfied for the duration of the purchase without the purchase at issue. Within 45 days after changing its planning capacity margin, the Company will file an amended fuel cost and economic purchased power adjustment clause to incorporate the new criteria_ Purchases, other than those used to demonstrate that the reliability criteria have been satisfied, shall be eligible for inclusion under section 2(iii) above. For Economic Power purchases referred to in section 2(iii) above, before any non -fuel purchase charge may be included in Fm, the total cost of the purchase must be projected to be less than total avoided variable cost, at the time a purchase was initiated. J I PRESIDENT AND CEO, PUBLIC UTILITY COMMISSION OF TEXAS SOUTHWESTERN PUBLIC SERVICE COMPANY nq Section No. IV Sheet No. IV-143 Xceffnergym Revision No. 1 sour"WIS111H P11111C SIIVICE Page 1 of 1 ELECTRIC TARIFF RESIDENTIAL LATE PAYMENT RIDER APPLICABLE: To customers taking service under the Company's Residential Service rates. TERRITORY: Inside municipal corporate limits of Lubbock, Texas. LATE PAYMENT CHARGE: A charge of five percent for late payment shall be made on all residential service bills not paid within 16 days after the mailing date. I PRESIDENT AND CEO, PUBLIC UTILITY COMMISSION OF TEXAS SOUTHWESTERN PUBLIC SERVICE COMPANY Section IV Sheet No. IV-144 Xce1 Ever ym Revision No. 1 IOUTHWISTIRN'UIIIC SERYItI Page I of 1 ELECTRIC TARIFF SERVICE AGREEMENT SUMMARY AGREEMENT WITH: Under contract to City of Amarillo, Texas for highway sign lighting. TERRITORY: Amarillo, Texas. RATE: 2.79¢ per kWh. FUEL COST RECOVERY: The charge per kilowatt-hour of the above rate shall be increased by the applicable fuel cost recovery factor per kilowatt-hour as provided in PUCT Sheet No. IV-69. MINIMUM CHARGE: $4.00 per meter for single phase service or $10.00 per meter for three phase service. LINE EXTENSIONS: The Company will make line extensions in accordance with its standard line extension policy. PRESIDENT AND CEO, SOUTHWESTERN PUBLIC SERVICE COMPANY PUBLIC UTILITY COMMISSION OF TEXAS a/ Section No. IV Sheet No. IV-147 Xce1Fnergr Revision No. 2 SOUTHWESTERN IU11IC SERVICE Page 1 of ELECTRIC TARIFF EXPERIMENTAL INDUSTRIAL INTERRUPTIBLE RATE RIDER AVAILABILITY: Service under this Rider is available at the sole discretion of the Company and only when the Company has available capacity in excess of the firm system requirement and if such service will not in anyway impair Company's ability to serve the requirements of its firm retail customers. This Rider is available under contract to customers having a total interruptible demand of at least 1,000 kW during June, July, August, and September and whose facilities are equipped with appropriate telemetering and control equipment to permit Customer to comply with, or Company to implement curtailment requests. Service under this Rider is available when taken in conjunction with firm service under the large general service rate schedules. Supplementary Power Service under this Rider is available to QFs and other power production facilities under specific contracts on a case -by -case basis. This Rider expires on December 31, 2007. MONTHLY RATE: Service Voltage Secondary Primary Transmission Customer Charge: If taken in addition to firm service $ 50 $ 50 $ 50 If not taken in addition to firm service $200 $639 $639 Demand Charge (per kW of Interruptible Demand): Instantaneous - $6.26 $5.37 $2.76 Two hour notice - $7.12 $6.34 $3.48 Energy Charge: per kWh used per month $0.0030 $0.00297 $0.0028 PUBLIC UTILITY COMMISSION OF TEXAS PRESIDENT AND CEO, SOUTHWESTERN PUBLIC SERVICE COMPANY q2 Section No. IV Sheet No. TV-147 oxcelaelw Revision No. 2 SOUTHWESTERN ?V11IC SERVICE Page 2 of 6 ELECTRIC TARIFF DEFINITIONS: Instantaneous interruptible service is service that can be interrupted without notice by means of underfrequency relays when the system frequency declines to 59.6 hertz or through telemetering and control equipment at the control and discretion of the Company. Noticed interruptible service is interruptible load that shall be interrupted by the Customer or Company upon expiration of two hours (120 minutes) after notice was transmitted to the Customer that an interruption will occur. DETERMINATION OF DEMAND AND ENERGY: To be determined in accordance with the tariff to which this rider is appended. In the event that both firm and interruptible service are measured through the same electric meter, then the firm demand shall be established by Agreement and the interruptible demand shall be the remainder of the measured demand. The firm demand so established may be modified by the customer, subject to review and approval by Company, to reflect changes in the customer's firm load due to normal load growth or load reductions. When this Rider is attached to the Primary General Service or Secondary General Service tariffs, the total billing demand shall be the sum of the interruptible demand and the firm demand, or 7500 kW whichever is greater. In the event the sum of the interruptible demand and firm demand is less than 7,500 kW, the minimum demand charge shall be calculated as follows: 7,500 kW shall be prorated to the firm and interruptible demands. Such prorated demands shall be billed according to the appropriate firm and interruptible demand charges, plus $589 for the firm demand customer charge plus $50 for the interruptible service. When this Rider is attached to a firm service tariff, the energy served hereunder will be divided between interruptible service and firm service utilizing the ratio each demand of Turn demand and interruptible demand is to the total demand. The demand recorded for the 12-hour period following restoration of service subsequent to interruptions provided for under this Rider shall not be used in the calculation of total billing demand. LIMITATIONS ON INTERRUPTIONS: Interruptions under this Rider are limited as follows: Daily Limit: No more than two curtailments per calendar day of up to a total of 12 hours, measured from midnight to midnight, except in system emergencies, as described below. Annual Limit: No more than 200 hours in any calendar year. Interruptions lasting for any fraction of an hour shall be credited for one full hour toward the annual limit. J I PUBLIC UTILITY COMMISSION OF TEXAS PRESIDENT AND CEO, SOUTHWESTERN PUBLIC SERVICE COMPANY nn Section No. IV Sheet No. IV-147 x�r�IFnart�V� Revision No. 2 $OUIHWE$rEAN PU10C $11VICI Page 3 of 6 ELECTRIC TARIFF The Company reserves the right to perform test interruptions, in which the duration of the interruption will not exceed one hour. In the event that either customer has failed to comply with previous interruptions or actual interruptions have not occurred in the prior 12 months which includes the current billing month, the Company reserves the right to perform test interruptions, in which the duration of the interruption will not exceed one hour. Interruption time is measured from the time Customer's load is interrupted to the lesser of, (a) Company restores service to the load, or (b) Company's facilities are capable of restoring service to the load, whether or not Customer's facilities are capable of receiving service, or (c) Company has given permission to Customer to restore service to its load, whichever is less. During system emergencies or when Company has made public pleas to restrict electric energy usage to essential needs because of an area or power pool shortage of electric power and/or energy, interruptible loads served under this Rider may be interrupted continuously without daily limit until such emergency condition has ended. The only interruptions credited toward interruption time limits are those implemented by Customer at the request of Company or those initiated by activation of control equipment by Company, and those resulting from the operation of underfrequency relays installed in connection with instantaneous interruptible service. FUEL COST RECOVERY: The charge per kilowatt-hour of the above rate shall be increased by the applicable fuel cost recovery factor per kilowatt-hour as provided in PUCT Sheet IV-69. "TERMS OF PAYMENT: Net in 16 days after mailing date; 5 percent added to bill after 16 days. If the sixteenth day falls on a holiday or weekend, the due date will be the next work day. POWER FACTOR ADJUSTMENT: Customer, at all times, will maintain at Company's point of delivery a power factor of not less than 90% lagging. In the event a low voltage condition due to lagging power factor exists in a degree sufficient to impair the Company's service, customer will install suitable capacitor or other equipment necessary to raise the over-all power factor at the point of delivery to a satisfactory value. Where such power factor correction equipment is used, customer will install and maintain a relay, switch, or other regulating equipment for purpose of disconnecting or controlling the power factor correction equipment in order to prevent excessive voltage variations on Company's lines. I PUBLIC UTILITY COMMISSION OF TEXAS PRESIDENT AND CEO, SOUTHWESTERN PUBLIC SERVICE COMPANY OLL Section No. IV X+��l�n�r9'r Sheet No. IV-147 Revision No. 2 SOUTHWESTERN PUItic $EIMIc[ Page of 6 ELECTRIC TARIFF GENERAL CONDITIONS: Customer understands that failure to interrupt service when requested threatens the reliability of service to other customers. Company may make intentional interruptions, up to the Annual Limit, at any time and from time to time, at Company's sole discretion. Company will attempt to provide as much prior notice as possible prior to interruptions. Intentional interruptions may be made at any time, in the judgment of Company, when demands for electricity exceeds or are expected to be likely to exceed the Company's available electric supply for whatever reasons including, but not limited to, breakdown of generating units, transmission equipment or other critical facilities; short or long-term shortages of fuel or generation, transmission, and other facilities; and requirement or orders of governmental agencies. CONDITIONS OF SERVICE: Customer desiring instantaneous interruptible service is required to install, own, operate and maintain necessary monitoring devices and interruption -control equipment including protective devices, on Customer's side of the point of delivery, as reasonably specified by Company. In addition, Company shall install interruption -control equipment on Company's side of point of delivery as reasonably determined necessary by Company to interrupt the interruptible load. All interruption -control equipment shall be under the exclusive control of Company, and the installation and maintenance of such facilities shall be at the expense of Customer. Interruption -control equipment consists of but is not limited to, under -frequency relays, switchgear, remote control and communications equipment including a communications path, timers, trip counters, and/or other devices as specified by Company. Remote control and communications equipment includes equipment necessary to provide instantaneous load information to Company's designated system operating centers. Operation of the equipment will remain under the control of Company and Company reserves the right to inspect and test all interruption -control equipment and may review Customers' maintenance records. Customer desiring noticed interruptible service is required to install, own, operate and maintain communications equipment as reasonably specified by Company to permit timely notification of impending and actual curtailments. At any time when Noticed Interruption is requested, if Customer fails to reduce his load to zero, or in the event that this Rider is attached to the large general service tariffs and Customer fails to reduce his load to the Firm demand established by Agreement, the Company, may, at its sole discretion, discontinue delivery of any or all power to Customer. PUBLIC UTILITY COMMISSION OF TEXAS ( SOUTHWESTERN AND CEO, TERN PUBLIC SERVICE COMPANY Section No. IV �� Sheet No. N-147 yIV Revision No. 2 soulHWEStERN PUBLIC $11VICE Page 5 of 6 ELECTRIC TARIFF NON-COMPLIANCE PENALTY: The Demand Penalty Charge for non-compliance with the requested interruption of service under this tariff is 150% of the difference between the demand charge per KW of interruptible demand and the demand charge per KW for firm demand for the portion of interruptible load that Customer failed to interrupt, but in no event shall the total of the Demand Penalty Charge and rider demand charge exceed what Customer's cost would have been if all the contracted interruptible load had been taken at firm demand during the period the penalty is applied to. For the first occurrence of non-compliance: in the month of non-compliance, Customer is billed the Demand Penalty Charge in addition to the Rider Demand charge. For the second occurrence of non-compliance: in the month of non-compliance, Customer is billed the Demand Penalty charge in addition to the Rider Demand charge. In addition, Customer is billed the Demand Penalty charge for each of the last 12 months or each month back to the previous request for interruption, whichever is less. For the third occurrence of non-compliance: in the month of non-compliance, Customer is billed the Demand Penalty charge in addition to the Rider Demand charge. In addition, Customer is billed the Demand Penalty charge for each month back to the previous request for interruption, plus the Demand Penalty charge for each month prior to the first occurrence of non-compliance back to the previous request for interruption or 12 months, whichever is less. After the third occurrence of non-compliance, Customer is billed on the rate schedule for firm power for the remainder of the contract. A Customer who has experienced a second occurrence of non-compliance and later successfully complies with three consecutive requests for interruption (including any test interruptions measuring the amounts of interruptible load disconnected on request) will be forgiven one prior non-compliance occurrence. The first occurrence of non-compliance after such forgiveness will be considered a second occurrence of non-compliance for determining the level of penalty applicable. The penalties provided above shall not apply to a test interruption if, within a reasonable time not to exceed ten days, Customer determines the reason for the non-compliance and verifies to Company that steps necessary to ensure future compliance have been taken. In the first 12 months of service under this Rider to Customer, Company will not enforce the provisions of this non-compliance section if, on each occasion of interruption, Customer demonstrates the following. 1_1� 5;2-- PUBLIC UTILITY COMMISSION OF TEXAS SOUTHWESTERN PRESIDENT AND CEO, PUBLIC SERVICE COMPANY a/- Section No. IV X�� Sheet No. N-147 g/ Revision No. 2 SOUTHWESTUN'UttIC SERVICE Page 6of6 ELECTRIC TARIFF For Customers with firm and interruptible service measured through the same meter: Upon interruption, Customer's measured total load is not greater than 110% of the contracted firm demand. For Customers with only interruptible service measured through a single meter: upon interruption, Customer's measured interruptible load is not greater than 10% of the highest demand established since service commenced under this rider. Notwithstanding the non-compliance provisions above, if it is determined at any time that the Customer has tampered with any communication equipment or breakers or has bypassed or altered the devices intended to interrupt the load on request, then Customer will be immediately billed on the rate schedule for firm power for the period since the last request for interruption with which customer complied or for the 24-month period just prior to such determination, whichever period is less. CONTRACT TERM: This Rider is being offered on an experimental basis. An agreement for service will be required for an initial term of 4 years when service is first rendered under this Rider and shall continue thereafter until canceled according to the terms of this Rider. Within the first year of service under this Rider, Customer may elect to have all, or portions of, his Interruptible demand converted to Firm demand and upon 6 months written notice to Company, subject to the availability of new firm power service. After 1 year of service under this Rider, Customer may elect to have all, or portions of, his interruptible demand converted to Firm demand, upon 2 years written notice to Company, or sooner if conversion is mutually agreeable, subject to the availability of new firm power service. Interruptible service under this Rider may be reduced or canceled by Customer at any time by providing Company written notice of cancellation not less than 6 months prior to date of cancellation. Upon conversion of loads or upon cancellation of Interruptible Service under this Rider, Customer may not increase his remaining Interruptible demand, or initiate new service under this Rider, for a period of 12 months following such conversion or cancellation and then only subject to the availability of new Interruptible Service. I PRESIDENT AND CEO, PUBLIC UTILITY COMMISSION OF TEXAS SOUTHWESTERN PUBLIC SERVICE COMPANY Section No. IV Sheet No. IV-150 xcel Energy- Revision No. I SOUrNWESrERN PUBLIC SINViC[ Page I of 3 ELECTRIC TARIFF RESTRICTED OUTDOOR LIGHTING SERVICE APPLICABLE: Under contract for night outdoor lighting service where facilities of adequate capacity and suitable voltage are available and service is being provided at the time of Company's acquisition of Texas -New Mexico Power Company's property in the counties of Hansford, Ochiltree, and Lipscomb. TERM OF SERVICE: No new customers will be added to this service. Existing equipment will be replaced with standard Company equipment as wear -out and obsolescences occur. TERRITORY: Areas in the counties of Hansford, Ochiltree, and Lipscomb previously served by Texas -New Mexico Power Company. GUARD LIGHTS RATE: Each 21,500 lumen, 400 watt, mercury vapor lamp for $9.31 per month. Each 9,500 lumen, 100 watt, high pressure sodium lamp for $8.61 per month. Each 22,000 lumen, 200 watt, high pressure sodium lamp for $12.60 per month. FLOOD LIGHTS RATE: Each 21,500 lumen, 400 watt, mercury vapor lamp for $9.59 per month. Each 34,000 lumen, 400 watt, metal halide lamp for $12.02 per month. Each 110,000 lumen, 1,000 watt, metal halide lamp for $19.61 per month. Each 25,500 lumen, 250 watt, high pressure sodium lamp for $11.42 per month. Each 50,000 lumen, 400 watt, high pressure sodium lamp for $12.40 per month. One span of secondary line not exceeding 150 feet in length may be furnished under the above rate. Service requiring more than one span of secondary line per light will be furnished by the Company, provided the customer pays a rental charge of $2.19 per month for each additional span not exceeding 150 feet in length. The Company will own, operate and maintain on the customer's premises, the required number of lamps as requested by the customer, mounted on a metal bracket, photo -electrically controlled, installed on Company's service pole, a separate 30 foot pole, or installed on any suitable mounting device belonging to the customer, and having a secondary line span not exceeding 150 feet in length. Lights will not be installed on any mounting device, which in the opinion of the Company is unsafe and not suitable for this purpose PUBLIC UTILITY COMMISSION OF TEXAS ( PRESIDENT AND CEO, SOUTHWESTERN PUBLIC SERVICE COMPANY G] G Section No. IV Sheet No. IV-150 Xcel Energy- Revision No. 1 $0010WElr6RN ►URlt6 ltRtlltE Page 2 of 3 ELECTRIC TARIFF RESTRICTED OUTDOOR LIGHTING SERVICE RATE: The charge per lamp per month shall be in accordance with the following rates: Lumen Lamp Size Lamp Tyne Wood Pole Underground Ornamental Pole 8,150 MV -- — $11.36 9,500 HPS $6.85 9 $9.31 $13.18 22,000 HPS $7.78 $10.41 The foregoing rates include the furnishing by the Company of the electric energy necessary to operate the street lighting system, the replacement of lamps, and the normal maintenance of fixtures, wires, transformers and all other component parts of the street lighting system, as such replacements and maintenance become necessary. In the event maintenance and/or lamp and the glassware replacements become excessive due to vandalism or similar causes, the Company will notify the City and the City will exert whatever means are at its disposal in the form of law enforcement agencies or other protective measures to eliminate destruction of street lighting equipment. If such vandalism persists, the Company reserves the right to remove street lights. If any street light is permanently removed from service at the City's request, the City will pay to the Company, at the time of removal from service of such light, the original cost of the equipment taken out of service, less depreciation of four percent per year. If any street light is removed from service temporarily (at least two months) at the City's request, the monthly rate for such light during such temporary disconnection will be the base charge per lamp as stated above. Fuel cost recovery will not be charged or credited on any temporarily disconnected street light. The Company will install, own, operate and maintain the street lighting system. If, for any reason, the Company is unable to continue service of particular equipment, such equipment, at the option of the City, will be removed or replaced by the Company with currently available equipment, and the City will pay the appropriate rate for new equipment. Street light burning time will be from approximately one-half hour after sunset to approximately one-half hour before sunrise. TERMS OF PAYMENT: Net in 16 days after mailing date; 5 percent added to bill after 16 days. If service is billed on a residential bill, the late payment charge will not be imposed. If the sixteenth day falls on a holiday or weekend, the due date will be the next work day. PUBLIC UTILITY COMMISSION OF TEXAS I PRESIDENT AND CEO, SOUTHWESTERN PUBLIC SERVICE COMPANY /I Section No. IV Sheet No. IV-150 Xcel Energy Revision No. 1 S�UTHWEfTERN ►UL•lIC �ERYItE Page 3of3 ELECTRIC TARIFF RESTRICTED OUTDOOR LIGHTING SERVICE DETERMINATION OF ENERGY USE: 8,150 lumen, 175 watt, 21,500 lumen, 400 watt, 9,500 lumen, 100 watt, 22,000 lumen, 200 watt, 34,000 lumen, 400 watt, 110,000 lumen, 1,000 watt, 25,500 lumen, 250 watt, 50,000 lumen, 400 watt, MV lamp uses 68 kWh per month MV lamp uses 151 kWh per month HPS lamp uses 39 kWh per month BPS lamp uses 75 kWh per month metal halide lamp uses 136 kWh per month metal halide lamp uses 359 kWh per month BPS lamp uses 97 kWh per month BPS lamp uses 159 kWh per month FUEL COST RECOVERY: The charge per kilowatt-hour of the above rate shall be increased by the applicable fuel cost factor per kilowatt-hour as provided in PUCT Sheet IV-69. However, Outdoor Lighting Service provided by Company which is electrically connected to a circuit previously metered by Company for other electric service shall not have the above rate increased by the applicable fluel cost recovery factor. CHARACTER OF SERVICE: A-C; 60 hertz; single phase; 120 or 240 volts. LINE EXTENSIONS: The Company will make line extensions in accordance with its standard line extension policy. FRANCHISE FEE: All current and future franchise fees not included in base rates shall be separately assessed in the municipality where the excess franchise fee is authorized. Bills computed under the above rate will be increased by the additional franchise fees imposed by the appropriate municipality or taxing authority in which jurisdiction the customer's consuming facility resides, when applicable. The franchise fee will appear on the bill as a separate item. RULES REGULATIONS AND CONDITIONS OF SERVICE: Service supplied under this schedule is subject to the terms and conditions set forth in the Company's Rules, Regulations, and Conditions of Service on file with The Public Utility Commission of Texas. PUBLIC UTILITY COMMISSION OF TEXAS PRESIDENT AND CEO, SOUTHWESTERN PUBLIC SERVICE COMPANY 1 A/C) xceCnerg '" Section IV C Sheet No. IV-152 sour"WES111H ►utile SEAYICt Revision No. 1 Page 1 of 1 ELECTRIC TARIFF STATE UNIVERSITY DISCOUNT RATE RIDER APPLICABLE: To any facility of any four-year state university, upper -level institution, Texas State Technical College, or college. This rate discount is offered in order to comply with the Public Utility Regulatory Act of 2005 (PURA) Section 36.351. This rate is available only as a rate discount to State supported institutions in conjunction with a customer's applicable standard rate schedule currently in effect. TERRITORY: Texas service territory. MONTHLY BASE RATE DISCOUNT: A discount of 20% will be applied to the base portion, exclusive of the fixed fuel factor, of the customer's applicable tariffed rate for electric service. TERMS AND CONDITIONS: The Company's Rules and Regulations apply to service under this schedule. PUBLIC UTILITY COMMISSION OF TEXAS PRESIDENT AND CEO, SOUTHWESTERN PUBLIC SERVICE COMPANY / A Section No. IV XcelEneW Sheet No. IV-170 Revision No. 1 SOuthwistERN Puslic SIMCE Page 1 of 2 ELECTRIC TARIFF Fuel Cost Surcharge Rider Application of Fuel Cost Surcharge Factors are as follows: Applicable to all rate schedules under the Fuel Cost Recovery Factor Tariff (Sheet IV-69). For fifteen consecutive months beginning with the February 2006 billing month, the fuel cost surcharge factors will be billed fo all applicable customers except for the transmission voltage level customers, through the application of a Fuel Surcharge Factor. The fuel cost surcharge is billed to transmission voltage level customers on the basis of their actual historical kWh usage recorded monthly during the period beginning January 2004 through September 2005. As approved by the Public Utility Commission of Texas in Docket No. 31978, the total amount of the fuel cost surcharge for all applicable customer classes consists of $76,892,526.20 and related interest of $1,854,666.31 calculated through April 2007, calculated at the rate of 1.17 percent per annum in 2004, 1.26 percent per annum in 2005 and 3.06 percent per annum in 2006 and 2007, in accordance with Commission Substantive Rule 25.236(e)(1). Method of Calculation (a) For all applicable Texas retail customers, except for transmission voltage level customers: The monthly fuel cost surcharge is calculated by the application of a Fuel Surcharge Factor, determined in accordance with the following formula: Fuel Surcharge Factor (FSF) = ((F + I) / K), where: F= Total fuel cost underrecovery for the cumulative period of January 2004 through September 2005; I= Interest on the remaining principal balance at the end of the each month; K= The estimated kWh for the rate class for the surcharge period. FSF= Surcharge amount for each rate class is determined by dividing the total amount of the surcharge attributable to each respective rate class, inclusive of interest through April 2007, by projected kWh sales for each respective rate class during the surcharge period, and is as follows: The FSF is calculated to the nearest 0.0001 cent and is multiplied by the customer's kWh usage in the billing month. The monthly fuel cost surcharge to each customer is determined to the nearest whole cent. PUBLIC UTILITY COMMISSION OF TEXAS I PRESIDENT AND CEO, SOUTHWESTERN PUBLIC SERVICE COMPANY / 0Z XCeffinergysm SOUTNWE$tERN PUBLIC SERVICE Section No. IV Sheet No. N-170 Revision No. 1 Page 2 of 2 ELECTRIC TARIFF 42 .. 9 0,00521 ResidontiAl Service Secondary General Scirvic Primary Gene1 Service 8.395,254-07 0.005261 Strcet and Area Lighting 4ZLI31.15 0,005104 Subtotal 51 036 4 .19 (b) For all transmission voltage level customers (Large General Service — Transmission), the monthly fuel cost surcharge amounts are determined on the basis of each customer's actual historical kWh usage recorded monthly during the period that the underrecovery accumulated. The total amount of the surcharge for each of these customers is spread over the fifteen month recovery period (February 2006 through April 2007) and are as follows including interest as previously described. The monthly fuel cost surcharge to each customer is determined to. the nearest whole cent. Backbone Tr mission 14.393.191.70 959.546.12 Sub -Transmission $ 2.483.620.47 $ 165,574.70 Interruptible Backbone Trans $ 2.092,959,60 606,197.30 Interruptible Sub Trans1341,172,55 $ 116.078.17 Subtotal 27,710,944.32 1,84 .3 6.29 Total of All Classes $ 78,747,192.51 (c) Any difference between amounts actually surcharged and the amounts of surcharge specified herein will be maintained in the under or over recovery balance pursuant to Subst. Rule 25.236 (e) on a per rate class basis. PUBLIC UTILITY COMMISSION OF TEXAS PRESIDENT AND CEO, SOUTHWESTERN PUBLIC SERVICE COMPANY !n 2 Xcel Energr SOUTHWESTERN PURUC SERVICE ELECTRIC TARIFF Fuel Cost Surcharge Rider Application of Fuel Cost Surcharge Factors are as follows: Section No. IV Sheet No. IV-171 Revision No. 1 Page 1 of 2 Applicable to all rate schedules under the Fuel Cost Recovery Factor Tariff (Sheet IV-69). For twelve consecutive months beginning with the October 2006 billing month, the fuel cost surcharge factors will be billed to all applicable customers except for the transmission voltage level customers, through the application of a Fuel Surcharge Factor. The fuel cost surcharge is billed to transmission voltage level customers on the basis of their actual historical kWh usage recorded monthly during the period that the underrecovery accumulated. As approved by the Public Utility Commission of Texas in Docket No. 32685, the total amount of the fuel cost surcharge for all applicable customer classes consists of $41,780,354.16 and related interest of $1,761,897.40 calculated through September 2007, calculated at the rate of 1.26 percent per annum in 2005, 3.06 percent per annum in 2006, and 3.06 percent per annum in 2007, in accordance with Commission Substantive Rule 25.236(e)(1). Method of Calculation (a) For all applicable Texas retail customers, except for transmission voltage level customers: The monthly fuel cost surcharge is calculated by the application of a Fuel Surcharge Factor, determined in accordance with the following formula: Fuel Surcharge Factor (FSF) = ((F + I) / K), where: F= Total fuel cost underrecovery for the cumulative period of October 2005 through March 2006; I= Interest on the remaining principal balance at the end of the each month; K= The estimated kWh for the rate class for the surcharge period. FSF= Surcharge amount for each rate class is detemvned by dividing the total amount of the surcharge attributable to each respective rate class, inclusive of interest through September 2007, by projected kWh sales for each respective rate class during the surcharge period, and is as follows: The FSF is calculated to the nearest 0.0001 cent and is multiplied by the customer's kWh usage in the billing month. The monthly fuel cost surcharge to each customer is determined to the nearest whole cent. '11-i �� PUBLIC UTILITY COMMISSION OF TEXAS PRESIDENT AND CEO,SOUTHWESTERN PUBLIC SERVICE COMPANY It)4( Section No. W Sheet No. IV-171 Xcel Energy'" Revision No. 1 SOUTHWESTERN PUBLIC 311VICE ELECTRIC TARIFF Page 2 of 2 Residential Service 7 0.003092 Secondary General Service S 14,645,123.07 0.003577 Primary General Service S 4,890,242.18 0.003733 Street and Area Li tin .898.12 0,003704 ubtotal 27,576,662.93 (b) For all transmission voltage level customers (Large General Service — Transmission), the monthly fuel cost surcharge amounts are determined on the basis of each customer's actual historical kWh usage recorded monthly during the period that the underrecovery accumulated_ The total amount of the surcharge for each of these customers is spread over the twelve month recovery period (October 2006 through September 2007) and are as follows including interest as previously described. The monthly fuel cost surcharge to each customer is determined to the nearest whole cent. tM IMMIMMIMMYTTIM.M. Backbone Transmission 6 80 .081.34 573,340.11 Sub -Transmission 2 213 081. 8 184 423.5 Interru tib e Backbone Trans 5.742.356.10 478 529.67 Interruptible Sub Trans $ 1 130. 69.21 $ 94,172.43 Subtotal 15. 65 88 3 1,330,465.71 Total of All Classes 1 $ 43 542251 56 (c) Any difference between amounts actually surcharged and the amounts of surcharge specified herein will be maintained in the under or over recovery balance pursuant to Subst. Rule 25.236 (e) on a per rate class basis. I PUBLIC UTILITY COMMISSION OF TEXAS I PRESIDENT AND CEO, SOUTHWESTERN PUBLIC SERVICE COMPANY nC Section No. IV Sheet No. IV-172 XeelEner �� Original SOUfNWflfE1N /UIIIC $11VIGE Pagel of 2 ELECTRIC TARIFF SMALL GENERAL SERVICE APPLICABLE: To commercial customers for electric service used at secondary voltage and used for commercial purposes when all service is supplied at one point of delivery, and measured through one meter, where facilities of adequate capacity and suitable voltage are adjacent to the premises to be served, not to exceed 10 kW of demand in any month. Single phase motors not to exceed 10 horsepower, individual capacity, may be served under this rate. TERRITORY: Texas service territory. RATE: Service Availability Charge: $11.00 per month. Energy Charge: 4.2500 per kWh for all kWh used per month during each summer month 3.3501E per kWh for all kWh used per month during each winter month. WINTER MONTHS: The billing months of October through May. SUMMER MONTHS: The billing months of June through September. FUEL COST RECOVERY AND ADJUSTMENTS: The charge per kilowatt hour of the above rate shall be increased by the applicable fuel cost recovery factor per kilowatt hour as provided in DUCT Sheet IV-69. This rate schedule is subject to other applicable rate adjustments as in effect from time to time in this tariff. AVERAGE MONTHLY PAYMENT: Upon request, any commercial customer may be billed monthly based on a levelized payment plan. A customer's monthly payment amount is calculated by obtaining the most recent twelve months of actual consumption and dividing that amount by twelve, and applying the Company's current rates to the average kWh consumption. The account will be trued -up every twelve months. The true -up amount will be equal to the difference between the total of the prior twelve months' levelized payments and the actual billings for the corresponding most recent twelve month period. CHARACTER OF SERVICE: A-C; 60 hertz; single phase 120/240 volts; or where available secondary, three phase 240 volts. LINE EXTENSIONS: The Company will make line extensions in accordance with its standard line extension policy. PUBLIC UTILITY COMMISSION OF TEXAS PRESIDENT AND CEO, SOUTHWESTERN PUBLIC SERVICE COMPANY 106 Section No. IV �� rrn �� Sheet No. IV-172 Original S011iHIVESfE1111 /lllll6 SERVICE Page 2 of 2 ELECTRIC TARIFF TERMS OF PAYMENT: Net in 16 days after mailing date; 5 percent added to bill after sixteen days. If the sixteenth day falls on a holiday or weekend, the due date will be the next work day. FRANCHISE FEE: All current and future franchise fees not included in base rates shall be separately assessed in the municipality where the excess franchise fee is authorized. Bills computed under the above rate will be increased by the additional franchise fees imposed by the appropriate municipality or taxing authority in which jurisdiction the customer's consuming facility resides, when applicable. The franchise fee will appear on the bill as a separate item. RULES, REGULATIONS AND CONDITIONS OF SERVICE: Service supplied under this schedule is subject to the terms and conditions set forth in the Company's Rules, Regulations and Conditions of Service on file with The Public Utility Commission of Texas. PUBLIC UTILITY COMMISSION OF TEXAS PRESIDENT AND CEO, SOUTHWESTERN PUBLIC SERVICE COMPANY /n7 Section No. IV XcelEnergr Sheet No. IV-173 f Original soutHWISHAN 1111tIc $tIvIct Pagel of 2 ELECTRIC TARIFF PRIMARY GENERAL SERVICE APPLICABLE: To all commercial and industrial electric service supplied at primary voltage and at one point of delivery measured through one meter, where facilities of adequate capacity and suitable voltage and are adjacent to the premises to be served. Not applicable to temporary, breakdown, standby, supplementary, resale or shared service. TERRITORY: Texas service territory. RATE: Service Availability Charge: $114.79 per month Energy Charge: 0.2960 per kWh for all kWh used during the month Demand Charge: $8.44 per kW of demand used per month during each summer month $6.58 per kW of demand used per month during each winter month WINTER MONTHS: The billing months of October through May. SUMMER MONTHS: The billing months of June through September. OPTIONAL SERVICE: Customers receiving service under this rate may elect to receive interruptible service under the Interruptible Credit Option. DETERMINATION OF DEMAND: The kW determined from Company's demand meter for the 30-minute period of customers greatest kW use during the month. In the absence of a demand meter the Company will bill the customer's demand using the monthly kilowatt-hours and an average load factor of 69.71 percent. POWER FACTOR: Applicable to customers on this rate schedule with a peak demand of 200 kW or greater. Customer, at all times, will maintain at Company's point of delivery a power factor of not less than 90% lagging. In the event a low voltage condition due to lagging power factor exists in a degree sufficient to impair the Company's service, customer will install suitable capacitor or other equipment necessary to raise the over-all power factor at the point of delivery to a satisfactory value. Where such power factor correction equipment is used, customer will install and maintain a relay, switch, or other regulating equipment for purpose of disconnecting or controlling the power factor correction equipment in order to prevent excessive voltage variations on Company's lines. PUBLIC UTILITY COMMISSION OF TEXAS I PRESIDENT AND CEO, SOUTHWESTERN PUBLIC SERVICE COMPANY /19k Xceffinergr SOUiHWISTIAH Fultic SEIYICt ELECTRIC TARIFF Section No. IV Sheet No. IV-173 Original Page 2 of 2 LOSS ADJUSTMENT: The meter readings used for billing shall be increased to include all transformation losses when metering is installed on the secondary side of less than 69 kV of any voltage transformation made on the customer's side of the point of service. FUEL COST RECOVERY AND ADJUSTMENTS: The charge per kilowatt hour of the above rate shall be increased by the applicable fuel cost recovery factor per kilowatt hour as provided in PUCT Sheet IV-69. This rate schedule is subject to other applicable rate adjustments as in effect from time to time in this tariff. CHARACTER OF SERVICE: A-C 60 hertz, single or three phase at Company's available primary voltage. LINE EXTENSIONS: All cost of equipment, supplies, and labor related to the installation of facilities necessary to make service available shall be paid by the customer in advance. No transformation will be made by the Company at the point of service. TERMS OF PAYMENT: Net in 16 days after mailing date; 5 percent added to bill after 16 days. If the sixteenth day falls on a holiday or weekend, the due date will be the next work day. FRANCHISE FEE: All current and future franchise fees not included in base rates shall be separately assessed in the municipality where the excess franchise fee is authorized. Bills computed under the above rate will be increased by the additional franchise fees imposed by the appropriate municipality or taxing authority in which jurisdiction the customer's consuming facility resides, when applicable. The franchise fee will appear on the bill as a separate item. RULES, REGULATIONS AND CONDITIONS OF SERVICE: Service supplied under this schedule is subject to the terms and conditions set forth in the Company's Rules, Regulations, and Conditions of Service on file with The Public Utility Commission of Texas and the following conditions: 1. For those customers receiving primary distribution voltage and who desire to elect secondary distribution voltage, they may do so subject to the terms and conditions of Primary/Secondary Conversions. PUBLIC UTILITY COMMISSION OF TEXAS I PRESIDENT AND CEO, SOUTHWESTERN PUBLIC SERVICE COMPANY Section No. IV Sheet No. IV-174 Xceffinergys- Original soutNWEltEAN /UILIC SERVICE Page 1 of 2 ELECTRIC TARIFF SMALL MUNICIPAL AND SCHOOL SERVICE APPLICABLE: To municipal facilities and public and private schools for electric service used at secondary voltage and used for municipal and school purposes when all service is supplied at one point of delivery, and measured through one meter, where facilities of adequate capacity and suitable voltage are adjacent to the premises to be served, not to exceed 10 kW of demand in any month. Single phase motors not to exceed 10 horsepower, individual capacity, may be served under this rate. TERRITORY: Texas service territory. RATE: Service Availability Charge: $0.00 per month. Energy Charge: 3.8800 per kWh for all kWh used per month during each summer month 3.1930 per kWh -for all kWh used per month during each winter month. WINTER MONTHS: The billing months of October through May. SUMMER MONTHS: The billing months of June through September. FUEL COST RECOVERY AND ADJUSTMENTS: The charge per kilowatt hour of the above rate shall be increased by the applicable fuel cost recovery factor per kilowatt hour as provided in PUCT Sheet IV-69. This rate schedule is subject to other applicable rate adjustments as in effect from time to time in this tariff. CHARACTER OF SERVICE: A-C; 60 hertz; single or three phase, at one available standard voltage. LINE EXTENSIONS: The Company will make line extensions in accordance with its standard line extension policy. PUBLIC UTILITY COMMISSION OF TEXAS I PRESIDENT AND CEO, SOUTHWESTERN PUBLIC SERVICE COMPANY Section No. IV Xcer Energl Sheet No. IV-174 SOVtNW11rIlN ?011ie StIVItI Original Page 2 of 2 ELECTRIC TARIFF TERMS OF PAYMENT: Net in 16 days after mailing date: 5 percent added to bill after sixteen days. If the sixteenth day falls on a holiday or weekend, the due date will be the next work day. FRANCHISE FEE: All current and future franchise fees not included in base rates shall be separately assessed in the municipality where the excess franchise fee is authorized. Bills computed under the above rate will be increased by the additional franchise fees imposed by the appropriate municipality or taxing authority in which jurisdiction the customer's consuming facility resides, when applicable. The franchise fee will appear on the bill as a separate item. RULES, REGULATIONS, AND CONDITIONS OF SERVICE: Service supplied under this schedule is subject to the terms and conditions set forth in the Company's Rules and Regulations on file with The Public Utility Commission of Texas. I Q- PUBLIC UTILITY COMMISSION OF TEXAS I PRESIDENT AND CEO, SOUTHWESTERN PUBLIC SERVICE COMPANY iII Section No. IV Sheet No. IV-175 ja XcelEnergyw Original SOMWEStE1N PUItIC SERVICE Pagel of 2 ELECTRIC TARIFF LARGE MUNICIPAL SERVICE APPLICABLE: To all municipal facilities supplied electric service at secondary voltage and at one point of delivery, and measured through one meter, where facilities of adequate capacity and suitable voltage are adjacent to the premises to be served, in excess of IOkW of demand in any month. Not applicable to temporary, breakdown, standby, supplementary, resale or shared service, or to service for which a specific rate schedule is provided. TERRITORY: Texas service territory. RATE: Service Availability Charge: $15.00 per month Energy Charge: 0.35 1¢ per kWh for all kWh used during the month Demand Charge: $6.79 per kW of demand used per month during each summer month $5.59 per kW of demand used per month during each winter month WINTER MONTHS: The billing months of October through May. SUMMER MONTIIS: The billing months of June through September. DEMAND: The Company will furnish at its expense the necessary metering equipment to measure the customer's kW demand for the 30-minute period of greatest use during the month. In the absence of a demand meter the Company will bill the customer's demand using the monthly kilowatt-hours and an average load factor of 41.30 percent. POWER FACTOR: Applicable to customers on this rate schedule with a peak demand of 200 kW or greater. Customer, at all times, will maintain at Company's point of delivery a power factor of not less than 90% lagging. In the event a low voltage condition due to lagging power factor exists in a degree sufficient to impair the Company's service, customer will install suitable capacitor or other equipment necessary to raise the over-all power factor at the point of delivery to a satisfactory value. Where such power factor correction equipment is used, customer will install and maintain a relay, switch, or other regulating equipment for purpose of disconnecting or controlling the power factor correction equipment in order to prevent excessive voltage variations on Company's lines. PUBLIC UTILITY COMMISSION OF TEXAS PRESIDENT AND CEO, SOUTHWESTERN PUBLIC SERVICE COMPANY /19 Section No. IV Sheet No. IV-175 XcelEnergym Original S00101MIN ►Ultit SHViCE Page 2 of 2 ELECTRIC TARIFF FUEL COST RECOVERY AND ADJUSTMENTS: The charge per kilowatt hour of the above rate shall be increased by the applicable fuel cost recovery factor per kilowatt hour as provided in PUCT Sheet IV-69. This rate schedule is subject to other applicable rate adjustments as in effect from time to time in this tariff. CHARACTER OF SERVICE: A-C; 60 hertz; single or three phase, at one available standard voltage. LINE EXTENSIONS: The Company will make line extensions in accordance with its standard line extension policy. TERMS OF PAYMENT: Net in 16 days after mailing date; 5 percent added to bill after 16 days. If the sixteenth day falls on a holiday or weekend, the due date will be the next work day. FRANCHISE FEE: All current and future franchise fees not included in base rates shall be separately assessed in the municipality where the excess franchise fee is authorized. Bills computed under the above rate will be increased by the additional franchise fees imposed by the appropriate municipality or taxing authority in which jurisdiction the customer's consuming facility resides, when applicable. The franchise fee will appear on the bill as a separate item. RULES, REGULATIONS AND CONDITIONS OF SERVICE: Service supplied under this schedule is subject to the terms and conditions set forth in the Company's Rules, Regulations and Conditions of Service on file with The Public Utility Commission of Texas and the following conditions: 1. For those customers receiving secondary service distribution voltage who desire to elect primary distribution voltage, they may do so subject to the terms and conditions of Primary/Secondary Conversions. PUBLIC UTILITY COMMISSION OF TEXAS PRESIDENT AND CEO, SOUTHWESTERN PUBLIC SERVICE COMPANY /I ) Section No. IV Xce-kner � Sheet No. IVOrig17al SOUTHWESTERN /UttIC SERVICE Page 1 of 8 ELECTRIC TARIFF INTERRUPTIBLE CREDIT OPTION APPLICABILITY Applicable as an interruptible service option to customers who receive electric service under the Company's Large General Service rate Schedules. Not applicable to customers who receive electric service under the Company's Standby Service rate Schedules. Effective: January 1, 2008 AVAILABILITY Optional service under this rate schedule is available to customers that have entered into a written, signed and dated Interruptible Agreement that specifies the Contract Firm Demand, as well as the. customer specific data necessary for the Company to calculate the customer's Monthly Credit as set forth below. To qualify under this schedule, a customer must have a Contract Interruptible Load of 500 kilowatts or greater, as defined below. Also, customer must achieve an Interruptible Demand of at least 500 kilowatts during each of the four, summer peak season months of June, July, August and September of the prior year. Customers receiving service under the less than ten-minute notice provision of this schedule must provide the Company with physical control of their interruptible load. Customers receiving service under this schedule shall be billed on a calendar month basis, such that the first day of each month shall be the beginning and the last day of each month shall be the end of the monthly billing period. CONTRACT INTERRUPTIBLE LOAD The Contract Interruptible Load for each calendar year shall be equal to the median of the customer's maximum daily 15 minute integrated kW demands occurring between the hours of 12:00 noon and 8:00 p.m. Monday through Friday, excluding federal holidays, during the period June 1 through September 30 of the prior year. The Company shall calculate the Contract Interruptible Load before January 1 of each year. If the Company determines that the Contract Interruptible Load is less than 500 kilowatts, then the Interruptible Agreement shall terminate at the end of the then current contact term. 1_1� 5�2_ PRESIDENT AND CEO, PUBLIC UTILITY COMMISSION OF TEXAS SOUTHWESTERN PUBLIC SERVICE COMPANY Section No. IV XceIaeU Sheet No, IV177 l � Original SOUTHWESTERN PUNIC SERVICE Page 2 of 8 ELECTRIC TARIFF CONTRACT INTERRUPTIBLE LOAD (coot.) In extraordinary circumstances, a customer that has entered into an Interruptible Agreement may seek a ruling from the Commission that its Contract Interruptible Load should be calculated using load data from the year one year prior to the year normally used to calculate the Contract Interruptible Load under the tariff. In order to obtain such ruling, the customer must show that, due to extraordinary circumstances, the load data that would normally be used to calculate its Contract Interruptible Load under the tariff is less representative of what the customer's load is likely to be in the following year than its load data from the year one year prior to the period normally used. CONTRACT FIRM DEMAND The Contract Firm Demand is that portion of the customer's total load that is not subject to interruptions by Company, as specified in the Interruptible Agreement. INTERRUPTIBLE DEMAND The Interruptible Demand, determined by meter measurement, shall be the maximum thirty (30) minute integrated kilowatt demand used during the month, less the Contract Firm Demand, if any, but not less than zero. Interruptible Demand is measured between the hours of 12:00 noon to 8:00 p.m. Monday through Friday, excluding federal holidays. DEFINITIONS Number of Interruptible Hours (Ha). The number of hours in the year that each customer elects as interruptible as set forth in the Interruptible Agreement. The options for Ha are 40 hours, 80 hours, 160 hours, and 200 hours. Capacity Availability (Ca). A percentage based on the Number of Interruptible Hours (Ha) set forth in the Interruptible Agreement, The Ca applicable to each Ha option is as follows: Interruption Hours Ha Ca 40 hours 27% 80 hours 46% 160 hours 71 % 200 hours 79% PUBLIC UTILITY COMMISSION OF TEXAS SOUTHWESTERN PRESIDENT AND CEO, PUBLIC SERVICE COMPANY Section No. IV Xy��( !Get Sheet No. IVrv177 g1 Original $OUTOWISTIAN PUe11c $11VICI Page 3of8 ELECTRIC TARIFF DEFINITIONS (cont.) Notice Factor (Nf). A percentage based on the amount of advance notice that each customer elects to receive prior to interruption, as set forth in the Interruptible Agreement. The Nf is as follows: Advance Notice Nf Less than 10 minutes 139% One hour 100% Eight hours 13% Participation Cap (PC). The desired level of participation in kilowatts. This figure is updated annually. The participation factor: Advance Notice PC Less than 10 minutes Zero kilowatts One hour No current limit Eight hours No current limit System Loss Factors (Slfl. The System Loss Factors are as follows: Delivery Level Slf Secondary Distribution Voltage 1.089962 Primary Distribution Voltage 1.072454 Transmission Voltage 1.000000 These loss factors will change upon the approval of the next loss study filed by SPS. Avoided Energy Cost (Av). The Avoided Energy Cost shall be updated semi- annually at the time the Company updates its Fuel Cost Factor ("FCF") to reflect prices in the FCF. I PUBLIC UTILITY COMMISSION OF TEXAS PRESIDENT AND CEO, SOUTHWESTERN PUBLIC SERVICE COMPANY 116 Section No. IV Sheet No. IV-177 XcelEnergyw Original SOUTHWIST101 PUILIC SINVICf Page 4of8 ELECTRIC TARIFF MONTHLY CREDIT The Monthly Credit shall be calculated by multiplying the Monthly Credit Rate (MCR) by the lesser of the customer's Contract Interruptible Load or the actual Interruptible Demand during the billing month. The MCR shall be capped at the customer's seasonal production capacity cost. The MCR shall be revised effective January 1 each year, and shall remain in effect for the calendar year. The MCR shall vary by season. The summer season shall be June 1 through September 30, and the winter season shall be October 1 through May 31. The MCR shall be calculated separately for each customer using the following equation: Summer Monthly Credit, per kW -month: MCR = [($5.41 * Ca * Nf) + ($0.00259 * Ha)] * Slf * 118% Winter Monthly Credit, per kW -month: MCR = [($5.41 * Ca * Nf) + ($0.00259 * Ha)] * Slf * 91% SERVICE PERIOD All contracts for service under this schedule shall be for an initial two-year term, with automatic one-year renewal terms. A customer must provide the Company written six months notice to cancel service under this schedule. Any time during the first year of service under this schedule a customer may opt to cancel its contract by returning all monthly credits paid by the Company up until the date of cancellation. No additional payment will be assessed. EARLY TERMINATION PENALTY Any customer who cancels service without complying with the Service Period requirements under this schedule shall be required to pay the Company, as a penalty, an amount equal to the product of one hundred and ten percent (I10%) times the customer's Contract Interruptible Load times the customer's MCR for each of the remaining months of the unexpired contract term. In addition, the customer shall reimburse the Company for the direct cost incurred by the Company for equipment (including its installation cost, less salvage value) to measure the customer's Interruptible Demand and to interrupt the customer. PUBLIC UTILITY COMMISSION OF TEXAS I PRESIDENT AND CEO, SOUTHWESTERN PUBLIC SERVICE COMPANY Section No. IV Sheet No. IV-177 }lam XcelEnet Original SOUTNWESIERH PUIIIC SERVICE Page5of8 ELECTRIC TARIFF OBLIGATION TO INTERRUPT When the Company asks the customer to interrupt its available Interruptible Load, the customer must reduce its load to the level of customer's Contract Firm Demand. ECONOMIC INTERRUPTIONS The Company reserves the right to call an Economic Interruption for one or more customers once per day when the Company believes, in its sole discretion, that calling an interruption will lower its overall system costs compared to what the overall system cost would be in the absence of the interruption. The duration of any Economic Interruption shall not be less than four hours. Customers under the less than 10-minute and 1-hour notice provisions will have at least 1-hour notice of an Economic Interruption. Customer under the 8-hour notice provision will have 8-hours notice of an Economic Interruption. BUY THROUGH — ECONOMIC INTERRUPTIONS Customers will have 15 minutes after being notified of an economic interruption to elect to buy -through all or a portion of their available interruptible load. Such notice shall advise customers of the Company's best estimate of the buy -through price. The buy -through price shall be the actual cost of buy -through energy incurred by the Company. The actual cost shall be calculated by taking the weighted average cost, as determined by the Company's Cost Calculator or its successor, plus 3 mils per kWh, for the block of electricity used to serve the customer(s) who elected to buy -through. For purposes of this calculation, the Company shall assume that the block of electricity used is the highest cost block of electricity consumed in each buy -through hour. Once the Company has called an Economic Interruption, the Company agrees to provide interruptible customers, by electronic mail delivered to the address as specified in the Interruptible Agreement, with the estimated buy -through price for each hour of the four-hour interruption period. Customers who elect to buy -through the Economic Interruption must continue to buy -through all hours of the interruption period unless the Company notifies Customers of an updated buy -through price for any hour of the interruption that exceeds the original estimated buy -through price for the hour in question, whereupon any customer that elected initially to buy -through the Economic Interruption will have 15 minutes after being notified of the updated estimated price to advise the Company that such customer desires to be interrupted at the start of the next hour. Once a customer chooses to interrupt, the customer will be interrupted for the remainder of the interruption period as determined by the Company. The minimum duration of any Economic Interruption under this Paragraph shall be four hours from the time that the Company designated when it first called for the Economic Interruption. PUBLIC UTILITY COMMISSION OF TEXAS SOUTHWESTERN PRESIDENT AND CEO, PUBLIC SERVICE COMPANY 11F Section No. IV � Sheet No.IV-1 7 XcefEne?l ' W Original SOUTHWISTUN PUILIc $11VICI Page 6 of 8 ELECTRIC TARIFF If the Company chooses to extend an Economic Interruption from the original notification, all ICO Customers affected by Economic Interruption will be notified and given the opportunity to buy -through or interrupt for the duration of the Economic Interruption extension period. Economic Interruption extensions may be less than 4 hours in duration. Customers may provide advance election to buy -though up to a specified price. Such election shall be made no later than the last business day prior to the first day of the month to which the election will apply and shall be delivered to the customer's service representative by electronic mail as provided in the customer's Interruptible Agreement. Any customer with a standing buy -though order shall have the option, within, the 15 minute notice period, to advise the Company that it desires to be interrupted. Further, in the event that the buy - though price exceeds the customer -specified price, the customer may nevertheless elect to buy -though the interruption by providing the Company with the required notice within 15 minutes. FAILURE TO INTERRUPT - ECONOMIC INTERRUPTIONS In the event that any customer fails to interrupt during an Economic Interruption, the customer will be deemed by the Company to have failed to interrupt for all demand that the customer was obligated to interrupt but did not interrupt. The failure -to -interrupt charge shall be equal to the highest incremental price for power during the Economic Interruption plus 3 mills, as determined by the Company after the fact, including market costs, unit start-up cost, spinning reserve costs and reserve penalty cost, if any. The charge will only apply to the portion of the load the customer fails to interrupt. CAPACITY INTERRUPTIONS The Company reserves the right to call a Capacity Interruption for one or more customers at any time when the Company believes, in its sole discretion, that generation or transmission capacity is not sufficiently available to serve its firm load obligations other than obligations to make intra-day energy sales. The duration of any Capacity Interruption shall not be less than four hours. CONTINGENCY INTERRUPTION The Company reserves the right to call a Contingency Interruption for one or more customers receiving service under the less than I0-minute notice provision at any time when the Company believes, in its sole discretion, that interruption is necessary for the Company to be able to meet its disturbance control standard (DCS) criteria. The duration of any Contingency Interruption shall not be less than four hours. 1_1� <. ;_-p- I PRESIDENT AND CEO, PUBLIC UTILITY COMMISSION OF TEXAS SOUTHWESTERN PUBLIC SERVICE COMPANY Section No. IV X� ,�-rl El�er Sheet No. IVg1177 yw Original soutmwEstERN RUIIIC $11VICE Page 7 of 8 ELECTRIC TARIFF INDUSTRIAL & COMMERICIAL INTERRUPTIBLE CREDIT SCHEDULE ICO FAILURE TO INTERRUPT - CAPACITY & CONTINGENCY INTERRUPTIONS In the event the customer fails to interrupt during a capacity or contingency interruption, the customer shall pay the Company fifty percent (50%) percent of the customer's expected annual credit for all demand that the customer was obligated to interrupt but did not interrupt. The penalty will apply only to the portion of the load that the customer fails to interrupt. After the customer fails to interrupt twice, the Company shall have the option to cancel the Interruptible Agreement. If the contract is cancelled, the customer shall not be eligible for service under this rate schedule for a minimum of one year. If a Customer violates a capacity or contingency interruption while using Company - owned equipment to effect said interruption, the Customer shall not be penalized unless evidence of tampering or bypassing the direct load control of the company is in evidence. If tampering or bypassing the direct load control of the Company is evident, the Company may remove the Customer from the less than 10-minute notice option and place the Customer on the one -hour notice option rate for a minimum one-year period. The customers' credits shall be adjusted accordingly. In addition, the Customer shall pay 50% of the annual credit times the amount of load that the Customer failed to remove as a penalty. PHONE LINE REQUIREMENTS All ICO Customers will be required to install a dedicated analog phone line to the meter location. Less than 10-minute notice option Customers must also provide a dedicated analog phone line with the `distinctive ring' feature. Phone line and distinctive ring feature must be installed and working before the customer may join the rate. Customers shall be notified by email when their phone line used to communicate interruptions to the Company's Remote Terminal Unit is not working. Customers must repair the phone line within 2 weeks of notification. If the Customer does not repair the phone line within 2 weeks of notification by the Company, the customer shall be moved to the one -hour notice option until the phone line is repaired and tested. The customer's credits shall be adjusted accordingly. In the event that the Company issues a capacity or contingency interruption during a time in which the Customer's phone line is not working, all applicable penalties shall apply if the customer fails to comply with the interruption. PUBLIC UTILITY COMMISSION OF TEXAS PRESIDENT AND CEO, SOUTHWESTERN PUBLIC SERVICE COMPANY A - Section No. IV �/ Sheet No. IV-177 Xceffineg � Original SOUINWFStERN IUIIIC SEIVICE Page 8 of 8 ELECTRIC TARIFF INTERRUPTIBLE CREDIT OPTION SCHEDULE ICO PHYSICAL CONTROL For those customers who select the less than 10-minute notice ICO option, the Company must have remote and automatic control over the customer's entire interruptible load. All less than 10-minute notice option customers must pay for the cost of a remote terminal unit that will receive the interruption and restore signals via phone line, and lock the customer's load out during a capacity or contingency interruption. The remote terminal unit shall be designed, purchased, installed and tested by the Company at the Customer's expense. A $1000 non-refundable deposit is required to perform the engineering and design work need to determine the costs associated with providing the Company physical control over the Customer's load. A minimum of 6 months is required to design, order, install and test the required equipment to give the Company complete and physical control over the customer's load. During a capacity or contingency interruption, the Company shall lock out the customer's load to prevent the customer from terminating the interruption before release. Customers who select the less than 10-minute notice option shall submit to equipment testing at least once per year. Before joining the rate the customer must complete a verification test to prove their load will drop off in less than 10 minutes notice and must also demonstrate that their load is physically locked out by the Company's remote terminal unit to prevent their interruptible load from restoring before restore signal is received. LIMITATION OF LIABILITY Customers who elect to take service under the ICO program shall agree to indemnify and save harmless the Company from all claims or losses of any sort due to death or injury to person or property resulting from interruption of electric service under the ICO program or from the operation of the interruption signal and switching equipment. PRESIDENT AND CEO, PUBLIC UTILITY COMMISSION OF TEXAS SOUTHWESTERN PUBLIC SERVICE COMPANY Section No. IV Sheet No. IV-178 Xceffinegri Original $09THWISTIRN PUIIic SMICI Page 1 of ELECTRIC TARIFF AGREEMENT WITH: *GOLDEN SPREAD ELECTRIC COOPERATIVE, INC. FOR SERVICES TO: Rate FERC Number Schedule Bailey County Electric Cooperative, Inc. 970 86 Deaf Smith Electric Cooperative, Inc. 953 88 Greenbelt Electric Cooperative, Inc. 955 90 Lamb County Electric Cooperative, Inc. 956 91 Lighthouse Electric Cooperative, Inc. 958 92 Big Country Electric Cooperative, Inc. 960 105 North Plains Electric Cooperative, Inc. 962 99 Rita Blanca Electric Cooperative, Inc. 963 98 South Plains Electric Cooperative, Inc. 971 96 Swisher Electric Cooperative, Inc. 966 97 Tri-County Electric Cooperative, Inc. 967 100 *10 years notice of termination required prior to December 31, 2004 AVAILABILITY: Available in the territory in which Company operates, to partial requirements Wholesale Customers for resale and distribution. Service under this rate schedule is subject to the terms and conditions specified in the contract for electric service in effect between the parties as of the effective date of this rate schedule. CHARACTER OF SERVICE: Service under this rate schedule shall be firm, and shall be 3 phase, 60 hertz electric energy at the available standard transmission voltage, 69 kV or above. **MONTHLY RATE: Customer Charge: $69,703 per customer/month and Demand Charge: $4.99 per kW per month of firm power commitment Energy Charge: $41.30 per MWh. ** Interim rates subject to refund pursuant to FERC Docket No. ER06-274-000. PUBLIC UTILITY COMMISSION OF TEXAS I PRESIDENT AND CEO, SOUTHWESTERN PUBLIC SERVICE COMPANY 122 Section No. IV Sheet No. IV-178 Xceffinergr I Original SOUTHWIS111H PUltit sitylet Page 2 of ELECTRIC TARIFF MEASUREMENT OF DEMAND: The measured kW demand on transmission delivery points shall be the maximum thirty (30) minute period of Customer use during the month at each such delivery point. The measured kW demand on distribution delivery points (service voltage below 69 kV) shall equal 1.074 times the maximum thirty (30) minute period of use during the month at each such delivery point. DETERMINATION OF BILLING DEMAND: The billing demand for each Customer shall be the sum of the non -coincident measured demands from all delivery points established in the preceding eleven (11) months. DETERMINATION OF ENERGY FOR DISTRIBUTION POINTS OF DELIVERY: The kWh use for billing purposes for all distribution system points of delivery (service voltage below 69 kV) shall equal 1.032 times the measured kWh delivery at each such delivery point. FUEL COST ADJUSTMENT: The above energy charges will be increased per kWh of sales equal to the estimated fuel cost per kWh of sales in the current month and adjusted for the preceding two months' estimate error. The energy charge adjustment shall be calculated in compliance. with the formula and conditions set forth in the Wholesale Fuel Cost and Economic Purchased Power Adjustment Clause, PUCT Sheet No. IV-135. TAX ADJUSTMENT: Billings under this schedule may be increased by an amount equal to the sum of the taxes payable under federal, state and local sales tax acts, and of all additional taxes, fees or charges, (exclusive of ad valorem, state and federal income taxes) payable by the utility and levied or assessed by any governmental authority on the public utility services rendered, or on the right or privilege of rendering the service, or on any object or event incidental to the rendition of service as the result of any new or amended laws after July I, 2006. MINIMUM BILL: The customer charge and the demand charge for the month. Nothing contained herein shall be construed as affecting in any way the right of the party fiunishing service under this rate schedule to unilaterally make application to the Federal Energy Regulatory Commission for a change in rates under Section 205 of the Federal Power Act and pursuant to the Commission's Rules and Regulations promulgated thereunder. I PRESIDENT AND CEO, PUBLIC UTILITY COMMISSION OF TEXAS SOU I WESTERN PUBLIC SERVICE COMPANY !I2 Section No. IV XCel Energy- Sheet No. IV-1 779 Original SOUfNWBSrERN ►UMC SERYICt Page 1 of 3 ELECTRIC TARIFF PRIMARY QUALIFYING FACILITY STANDBY SERVICE APPLICABLE: Under contract for electric service to a Qualifying Facility ("QF") provided at a primary voltage for which the Company's service is used as standby backup or maintenance service supplied at one point of delivery. RATE: Service Availability Charge: $223.00 per month Transmission & Distribution Standby Capacity Fee: $3.27 / kW-Mo Gen Standby Capacity Reservation Fee — Summer: $0.71 / kW-Mo Gen Standby Capacity Reservation Fee — Winter: $0.45 / kW-Mo Energy Charge: 0.2960 per kWh for all kWh used during the month BACKUP SERVICE: Backup Service is capacity and energy supplied by Company to replace the Customer's generation during an unscheduled outage. The level of Backup Demand shall be nominated annually in writing at least 30 days before the beginning of the calendar year. If Customer receives Replacement Power for 100 or more hours in a month where a scheduled outage was not planned in accordance with the Maintenance Service section below, then all power and energy delivered through the Customer Meter shall be billed in accordance with the standard applicable rate schedule. Also, the Standby Demand charge will not be assessed in that month. MAINTENANCE SERVICE: Maintenance Service is capacity and energy supplied by Company to replace the Customer's self -generation during scheduled outages of the Customer's generation. Scheduled outages shall be set at a time mutually agreeable by Customer and Company, but exclusive of the months of June, July, and August of every year. The scheduled outage shall be scheduled within only two billing months per calendar year. Scheduled outages shall be agreed to in writing at least 30 days prior to the beginning of the month in which the scheduled outage is planned to take place. However, the Supplemental Demand established in a scheduled outage period shall not be used to determine future minimum Supplemental Demands. SUPPLEMENTAL SERVICE: Supplemental Service is capacity and energy supplied by the utility and used by the Customer in addition to the Customer's self -generation in order to meet the Customer's total load requirement and shall be billed in accordance with the standard applicable rate schedule. PRESIDENT AND CEO, PUBLIC UTILITY COMMISSION OF TEXAS SOUTHWESTERN PUBLIC SERVICE COMPANY Section No. IV Xcel Energy Sheet No. I - nal SauTitwisrERN rMIC SEEVICE Page 2 of 3 ELECTRIC TARIFF DEFINITION OF CUSTOMER METER DEMAND: The Customer Meter Demand shall be the kW determined from Company's demand meter at the Customer Meter for the 30- minute period of greatest use during the month. DEFINITION OF MINIMUM GENERATION DEMAND: The Minimum Generation Demand shall be the kW determined at the QF Generation Meter for the 30-minute period of least total generation during the month. DEFINITION OF REPLACEMENT POWER: The Replacement Power shall be equal to the minimum of (a) the Customer Meter Demand, (b) the Standby Demand, or (c) the remainder of the QF Generation Capability minus the Minimum Generation Demand. The Generation Capability shall be set forth in the contract. DEFINITION OF REPLACEMENT ENERGY: The Replacement Energy shall be equal to the energy metered at the Customer Meter, but not more than the outage hours in a month times the Generation Capability. DEFINITION OF SUPPLEMENTAL DEMAND: The Supplemental Demand shall be equal to the Customer Meter Demand minus the Replacement Power, but not less than the minimum demand set forth in the applicable tariff. If, the Customer Meter Demand minus the Replacement Power is at a level below the applicable minimum demand level, the billing standby demand shall be reduced in only that month by the amount of demand below the applicable minimum demand level. If a Customer Charge is collected for Supplemental Service, a separate Standby Customer Charge shall not be billed. MINIMUM CIIARGE: The minimum charges in a month shall be the sum of the Standby Customer Charge and the Standby Demand Charge. FUEL COST RECOVERY: The charge per kilowatt-hour of the above rate shall be increased by the applicable fuel cost recovery per kilowatt-hour as provided in PUCT Sheet No. IV-69. TERMS OF PAYMENT: Net in 16 days after mailing date; 5 percent added to bill after 16 days. If the sixteenth day falls on a holiday or weekend, the due date will be the next work day. CHARACTER OF SERVICE: Alternating current; 60 hertz; at approximately the contract voltage. PRESIDENT AND CEO, PUBLIC UTILITY COMMISSION OF TEXAS SOUTHWESTERN PUBLIC SERVICE COMPANY Section No. W Xcel Energy- Sheet No.179 Original sourewtsrEAN Public sEtvicc Page 3 of 3 ELECTRIC TARIFF FRANCHISE FEE: All current and future franchise fees not included in base rates shall be separately assessed in the municipality where the excess franchise fee is authorized. Bills computed under the above rate will be increased by the additional franchise fees imposed by the appropriate municipality or taxing authority in which jurisdiction the customer's consuming facility resides, when applicable. The franchise fee will appear on the bill as a separate item. PUBLIC UTILITY COMMISSION OF TEXAS PRESIDENT AND CEO, SOUTHWESTERN PUBLIC SERVICE COMPANY 126 Section IV Xcet Energy- Sheet No.. In -180 SOUTMWES1E11N IU011C SERVICE ginal Page I of 3 ELECTRIC TARIFF SECONDARY QUALIFYING FACILITY STANDBY SERVICE APPLICABLE: Under contract for electric service to a Qualifying Facility ("QF") provided at secondary voltage for which the Company's service is used as standby backup or maintenance service supplied at one point of delivery. RATE: Service Availability Charge: $126.00 per month Transmission & Distribution Standby Capacity Fee: $4.04 / kW-Mo Gen Standby Capacity Reservation Fee — Summer: $0.72 / kW-Mo Gen Standby Capacity Reservation Fee — Winter: $0.46 / kW-Mo Energy Charge: 0.300 cents per kWh BACKUP SERVICE: Backup Service is capacity and energy supplied by Company to replace the Customer's generation during an unscheduled outage. The level of Backup Demand shall be nominated annually in writing at least 30 days before the beginning of the calendar year. If Customer receives Replacement Power for 100 or more hours in a month where a scheduled outage was not planned in accordance with the Maintenance Service section below, then all power and energy delivered through the Customer Meter shall be billed in accordance with the standard applicable rate schedule. Also, the Standby Demand charge will not be assessed in that month. MAINTENANCE SERVICE: Maintenance Service is capacity and energy supplied by Company to replace the Customer's self -generation during scheduled outages of the Customer's generation. Scheduled outages shall be set at a time mutually agreeable by Customer and Company, but exclusive of the months of June, July, and August of every year. The scheduled outage shall be scheduled within only two billing months per calendar year. Scheduled outages shall be agreed to in writing at least 30 days prior to the beginning of the month in which the scheduled outage is planned to take place. However, the Supplemental Demand established in a scheduled outage period shall not be used to determine future minimum Supplemental Demands. PUBLIC UTILITY COMMISSION OF TEXAS PRESIDENT AND CEO, SOUTHWESTERN PUBLIC SERVICE COMPANY Section IV Xcel Energr Sheet No. n -18a SOUFHWESEERN IU0116 6E1VICE Page 2 of 3 ELECTRIC TARIFF SUPPLEMENTAL SERVICE: Supplemental Service is capacity and energy supplied by the utility and used by the Customer in addition to the Customer's self -generation in order to meet the Customer's total load requirement and shall be billed in accordance with the standard applicable rate schedule. DEFINITION OF CUSTOMER METER DEMAND: The Customer Meter Demand shall be the kW determined from Company's demand meter at the Customer Meter for the 30- minute period of greatest use during the month. DEFINITION OF MINIMUM GENERATION DEMAND: The Minimum Generation Demand shall be the kW determined at the QF Generation Meter for the 30-minute period of least total generation during the month. DEFINITION OF REPLACEMENT POWER: The Replacement Power shall be equal to the minimum of (a) the Customer Meter Demand, (b) the Standby Demand, or (c) the remainder of the QF Generation Capability minus the Minimum Generation Demand. The Generation Capability shall be set forth in the contract. DEFINITION OF REPLACEMENT ENERGY: The Replacement Energy shall be equal to the energy metered at the Customer Meter, but not more than the outage hours in a month times the Generation Capability. DEFINITION OF SUPPLEMENTAL DEMAND: The Supplemental Demand shall be equal to the Customer Meter Demand minus the Replacement Power, but not less than the minimum demand set forth in the applicable tariff. If the Customer Meter Demand minus the Replacement Power is at a level below the applicable minimum demand level, the billing standby demand shall be reduced in only that month by the amount of demand below the applicable minimum demand level. If a Customer Charge is collected for Supplemental Service, a separate Standby Customer Charge shall not be billed. MINIMUM CHARGE: The minimum charges in a month shall be the sum of the Standby Customer Charge and the Standby Demand Charge. I PUBLIC UTILITY COMMISSION OF TEXAS PRESIDENT AND CEO, SOUTHWESTERN PUBLIC SERVICE COMPANY 128 Section IV XcelEnergy- Sheet No. IV-180 sourxwesrERn ►u8tfc $111FICE Original Page 3 of 3 ELECTRIC TARIFF FUEL COST RECOVERY: The charge per kilowatt-hour of the above rate shall be increased by the applicable fuel cost recovery per kilowatt-hour as provided in PUCT Sheet No. IV-69. TERMS OF PAYMENT: Net in 16 days after mailing date; 5 percent added to bill after 16 days. If the sixteenth day falls on a holiday or weekend, the due date will be the next work day. CHARACTER OF SERVICE: Alternating current; 60 hertz; at approximately the contract . voltage. FRANCHISE FEE: All current and future franchise fees not included in base rates shall be separately assessed in the municipality where the excess franchise fee is authorized. Bills computed under the above rate will be increased by the additional franchise fees imposed by the appropriate municipality or taxing authority in which jurisdiction the customer's consuming facility resides, when applicable. The franchise fee will appear on the bill as a separate item. PUBLIC UTILITY COMMISSION OF TEXAS PRESIDENT AND CEO, I SOUTHWESTERN PUBLIC SERVICE COMPANY Section No. IV Xcel Ene�ry Sheet No. IV-181 ' 7y� Original SOUtNWESMN P0011C SElVICE Page l of 3 ELECTRIC TARIFF TRANSMISSION QUALIFYING FACILITY STANDBY SERVICE APPLICABLE: Under contract for electric service to a Qualifying Facility ("QF") provided at a transmission voltage for which the Company's service is used as standby backup or maintenance service supplied at one point of delivery. RATE: Service Availability Billing Charge: $66.00 per month Service Availability Charge Per Meter Per Month: Voltage Level: 230 kV 115 kV 69kV Primary $3,200.00 $2,620.00 $2,430.00 $150.00 Transmission & Distribution Standby Capacity Fee: $1.16 / kW-Mo Gen Standby Capacity Reservation Fee — Summer: $0.66 / kW-Mo Gen Standby Capacity Reservation Fee — Winter $0.42 / kW-Mo Energy Charge: 0.280¢ per kWh for all kWh used during the month BACKUP SERVICE: Backup Service is capacity and energy supplied by Company to replace the Customer's generation during an unscheduled outage. The level of Backup Demand shall be nominated annually in writing at least 30 days before the beginning of the calendar year. If Customer receives Replacement Power for 100 or more hours in a month where a scheduled outage was not planned in accordance with the Maintenance Service section below, then all power and energy delivered through the Customer Meter shall be billed in accordance with the standard applicable rate schedule, but the demand ratchet for future months under the standard applicable rate schedule shall not apply. Also, the Standby Demand charge will not be assessed in that month. MAINTENANCE SERVICE: Maintenance Service is capacity and energy supplied by Company to replace the Customer's self -generation during scheduled outages of the Customer's generation. Scheduled outages shall be set at a time mutually agreeable by Customer and Company, but exclusive of the months of June, July, and August of every year. The scheduled outage shall be scheduled within only two billing months per calendar year. Scheduled outages shall be agreed to in writing at least 30 days prior to the beginning of the month in which the scheduled outage is planned to take place. However, the Supplemental Demand established in a scheduled outage period shall not be used to determine future minimum Supplemental Demands. PUBLIC UTILITY COMMISSION OF TEXAS PRESIDENT AND CEO, SOUTHWESTERN PUBLIC SERVICE COMPANY /30 Section No. IV Xeel Energy'" Sheet No.. IV- n8a SOUTHWESTikM A0111C SEMCE Page 2 of 3 ELECTRIC TARIFF SUPPLEMENTAL SERVICE: Supplemental Service is capacity and energy supplied by the utility and used by the Customer in addition to the Customer's self -generation in order to meet the Customer's total load requirement and shall be billed in accordance with the standard applicable rate schedule. DEFINITION OF CUSTOMER METER DEMAND: The Customer Meter Demand shall be the kW determined from Company's demand meter at the Customer Meter for the 30- minute period of greatest use during the month. DEFINITION OF MINIMUM GENERATION DEMAND: The Minimum Generation Demand shall be the kW determined at the QF Generation Meter for the 30-minute period of least total generation during the month. DEFINITION OF REPLACEMENT POWER: The Replacement Power shall be equal to the minimum of (a) the Customer Meter Demand, (b) the Standby Demand, or (c) the remainder of the QF Generation Capability minus the Minimum Generation Demand. The Generation Capability shall be set forth in the contract. DEFINITION OF REPLACEMENT ENERGY: The Replacement Energy shall be equal to the energy metered at the Customer Meter, but not more than the outage hours in a month times the Generation Capability. DEFINITION OF SUPPLEMENTAL DEMAND: The Supplemental Demand shall be equal to the Customer Meter Demand minus the Replacement Power, but not less than the minimum demand set forth in the applicable tariff. If the Customer Meter Demand minus the Replacement Power is at a level below the applicable minimum demand level, the billing standby demand shall be reduced in only that month by the amount of demand below the applicable minimum demand level. If a Customer Charge is collected for Supplemental Service, a separate Standby Customer Charge shall not be billed. MINIMUM CHARGE: The minimum charges in a month shall be the sum of the Standby Customer Charge and the Standby Demand Charge. FUEL COST RECOVERY: The charge per kilowatt-hour of the above rate shall be increased by the applicable fuel cost recovery per kilowatt-hour as provided in PUCT Sheet No. W-69. PUBLIC UTILITY COMMISSION OF TEXAS I PRESIDENT AND CEO, SOUTHWESTERN PUBLIC SERVICE COMPANY Section No. IV ' Xce1 Energy' Sheet No.. IV- 181 Original SODTMWESFEsl! rustic SERVICE Page 3 of 3 ELECTRIC TARIFF TERMS OF PAYMENT: Net in 16 days after mailing date; 5 percent added to bill after 16 days. If the sixteenth day falls on a holiday or weekend, the due date will be the next work day. CHARACTER OF SERVICE: Alternating current; 60 hertz; at approximately the contract voltage. FRANCHISE FEE: All current and future franchise fees not included in base rates shall be separately assessed in the municipality where the excess franchise fee is authorized. Bills computed under the above rate will be increased by the additional franchise fees imposed by the appropriate municipality or taxing authority in which jurisdiction the customer's consuming facility resides, when applicable. The franchise fee will appear on the bill as a separate item. PUBLIC UTILITY COMMISSION OF TEXAS I PRESIDENT AND CEO, SOUTHWESTERN PUBLIC SERVICE COMPANY 132 Section No. IV Sheet No. IV-182 Xcel Energy Original SOUINWESIEAN /ull(c SEIVICE Pagel of 2 ELECTRIC TARIFF LARGE SCHOOL SERVICE APPLICABLE: To all public and private schools supplied electric service at secondary voltage and at one point of delivery, and measured through one meter, where facilities of adequate capacity and suitable voltage are adjacent to the premises to be served, in excess of IOkW of demand in any month. Not applicable to temporary, breakdown, standby, supplementary, resale or shared service, or to service for which a specific rate schedule is provided. TERRITORY: Texas service territory. RATE: Service Availability Charge: $15.00 per month Energy Charge: 0.4170 per kWh for all kWh used during the month Demand Charge: $7.69 per kW of demand used per month during each summer month $6.33 per kW of demand used per month during each winter month WINTER MONTHS: The billing months of October through May. SUMMER MONTHS: The billing months of June through September. DEMAND: The Company will furnish at its expense the necessary metering equipment to measure the customer's kW demand for the 30-minute period of greatest use during the month. In the absence of a demand meter the Company will bill the customer's demand using the monthly kilowatt-hours and an average load factor of 41.30 percent. POWER FACTOR: Applicable to customers on this rate schedule with a peak demand of 200 kW or greater. Customer, at all times, will maintain at Company's point of delivery a power factor of not less than 90% lagging. In the event a low voltage condition due to lagging power factor exists in a degree sufficient to impair the Company's service, customer will install suitable capacitor or other equipment necessary to raise the over-all power factor at the point of delivery to a satisfactory value. Where such power factor correction equipment is used, customer will install and maintain a relay, switch, or other regulating equipment for purpose of disconnecting or controlling the power factor correction equipment in order to prevent excessive voltage variations on Company's lines. PRESIDENT AND CEO, SOUTHWES PUBLIC UTILITY COMMISSION OF TEXAS TERN PUBLIC SERVICE COMPANY Section No. IV Sheet No. IV-182 XcelEnetW Original sourNWISrstN IullfC SHVICI Page 2 of 2 ELECTRIC TARIFF FUEL COST RECOVERY AND ADJUSTMENTS: The charge per kilowatt hour of the above rate shall be increased by the applicable fuel cost recovery factor per kilowatt hour as provided in PUCT Sheet IV-69. This rate schedule is subject to other applicable rate adjustments as in effect from time to time in this tariff. CHARACTER OF SERVICE: A-C; 60 hertz; single or three phase, at one available standard voltage. LINE EXTENSIONS: The Company will make line extensions in accordance with its standard line extension policy. TERMS OF PAYMENT: Net in 16 days after mailing date; 5 percent added to bill after 16 days. If the sixteenth day falls on a holiday or weekend, the due date will be the next work day. FRANCHISE FEE: All current and future franchise fees not included in base rates shall be separately assessed in the municipality where the excess franchise fee is authorized. Bills computed under the above rate will be increased by the additional franchise fees imposed by the appropriate municipality or taxing authority in which jurisdiction the customer's consuming facility resides, when applicable. The franchise fee will appear on the bill as a separate item. RULES, REGULATIONS AND CONDITIONS OF SERVICE: Service supplied under this schedule is subject to the terms and conditions set forth in the Company's Rules, Regulations and Conditions of Service on file with The Public Utility Commission of Texas and the following conditions: 1. For those customers receiving secondary service distribution voltage who desire to elect primary distribution voltage, they may do so subject to the terms and conditions of Primary/Secondary Conversions. I PUBLIC UTILITY COMMISSION OF TEXAS PRESIDENT AND CEO, SOUTHWESTERN PUBLIC SERVICE COMPANY /3� Section No. IV Sheet No. IV83 Xce1�ne r Original SOUIHWESiEIiN gr $11VICE Page I of 5 ELECTRIC TARIFF TRANSMISSION QUALIFYING FACILITY NON -FIRM STANDBY SERVICE AVAILABILITY: This Schedule is available under contract to customers having a total demand normally served by Customer's generation of at least 1,000 kW during June, July, August, and September and whose facilities are equipped with appropriate telemetering and control equipment to permit Customer to comply with, or Company to implement curtailment requests. Service under this rate is available when taken in conjunction with service under the applicable large general service rate schedules and riders or with finn standby service under the Transmission Qualifying Facility Standby Service rate schedule. APPLICABLE: Under contract for electric service to a Qualifying Facility ("QF") provided at a transmission voltage for which the Company's service is used as non -firm standby backup or non -firm maintenance service supplied at one point of delivery. (�� Service Availability Billing Charge: $69.00 per month Service Availability Charge Per Meter Per Month: The following charges apply if non -firm standby service is provided on a stand-alone basis. Metering Voltage Level: _230 kV 1_15 kV 69kV Primary $3,350.00 $2,740.00 $2,540.00 $160.00 Delivery Charges Transmission System Standby Capacity Fee: $1.21 per 4CP kW Distribution System Standby Capacity Fee: $0.30 per kW of Nominated Standby Capacity Usage Rates Demand Charge: There will be no additional demand charge for use of Standby Service except for Non -Compliant use as defined herein. In this case, Standby Service Demand Charges shall be as defined in the Non -Compliance Payment paragraph of this tariff. PRESIDENT AND CEO, PUBLIC UTILITY COMMISSION OF TEXAS SOUTHWESTERN PUBLIC SERVICE COMPANY Section No. IV Sheet No. IV-183 xcelaefw Original soutBWEVIRN Ptllllt SERVICE Page 2 of 5 ELECTRIC TARIFF Energy Charge: All Standby Replacement Energy provide by the Company during non -interrupt periods shall be billed at the Hourly Clearing Price of the applicable regional wholesale energy market. In addition, an Energy Margin of five percent (5%) of the Hourly Clearing Price, but not less than $0.0028 per kWh, shall be added to the charge for all Standby Replacement Energy provided by the Company. BACKUP SERVICE: Backup Service is capacity and energy supplied by Company to replace the Customer's generation during an unscheduled outage. The maximum required level of Backup Demand (the "Standby Capacity") shall be nominated annually in writing at least 30 days before the beginning of the calendar year. MAINTENANCE SERVICE: Maintenance Service is capacity and energy supplied by Company to replace the Customer's self -generation during scheduled outages of the Customer's generation. Scheduled outages shall be set at a time mutually agreeable by Customer and Company, but exclusive of the months of June, July, and August of every year. The scheduled outage(s) shall be scheduled within only two billing months per calendar year. Scheduled outages shall be agreed to in writing at least 30 days prior to the beginning of the month in which the scheduled outage is planned to take place. SUPPLEMENTAL GENERATION SERVICE: Supplemental Generation Service is capacity and energy supplied by the Company and used by the Customer in place of the Customer's self - generation whenever the Customer's self -generation is not operating at the full level of the nominated Standby Capacity. This Supplemental Generation Service usage shall be billed Standby Replacement Demand and Standby Replacement Energy as described below. SUPPLEMENTAL LOAD SERVICE: Supplemental Load Service is capacity and energy supplied by the Company and used by the Customer for load requirements above the nominated Standby Capacity for the Customer's self -generation in order to meet the Customer's total load requirement. This Supplemental Load Service usage shall be billed in accordance with the standard applicable rate schedule. DEFINITION OF CUSTOMER METER DEMAND: The Customer Meter Demand shall be the demand in kW determined from Company's demand meter at the Customer Meter for the 30 minute period of greatest use during the month. PUBLIC UTILITY COMMISSION OF TEXAS SOUTHWESTERN PRESIDENT AND CEO, PUBLIC SERVICE COMPANY /36 Section No. IV Sheet No. IV-183 Xceff'nergr Original ��••%% SOutHWISUIN Iultic SElvlti Page 3 of 5 ELECTRIC TARIFF DEFINITION OF 4CP DEMAND: The 4CP Demand applicable under the Delivery Charges shall be the average of the Standby Replacement Demand at the time of the Company's system peak demand for the months of June, July, August and September of the previous calendar year. Retail Non -Firm Standby Customers without previous history on which to determine their 4CP Demand will be billed based on an estimate of the 4CP Demand. DEFINITION OF MINIMUM GENERATION PRODUCTION: The Minimum Generation Production shall be the generation output in kW determined at the QF Generation Meter for the 30-minute period of least total generation output during the month. DEFINITION OF STANDBY REPLACEMENT DEMAND: The Standby Replacement Demand shall be equal to the minimum of (a) the Customer Meter Demand, (b) the Standby Capacity (Backup Demand), or (c) the result of the nominated Standby Capacity minus the Minimum Generation Production. DEFINITION OF STANDBY REPLACEMENT ENERGY: The Standby Replacement Energy shall be equal to the energy metered at the Customer Meter less the energy supplied to the customer's Supplemental Load Service, but not more than the outage hours in a month times the nominated Standby Capacity. DEFINITION OF SUPPLEMENTAL LOAD DEMAND: The Supplemental Load Demand shall be equal to the Customer Meter Demand minus the Standby Replacement Demand, but not less than the minimum demand set forth in the applicable tariff. MINIMUM CHARGE: The minimum charges in a month shall be the sum of the Service Availability Billing Charge, Service Availability Charge Per Meter if applicable, and the Delivery Charges. POWER FACTOR ADJUSTMENT: Customer shall furnish, install and maintain, at his own expense, any and all corrective apparatus necessary to maintain a power factor of not less than 90% lagging on installations of any nature whatsoever. TERMS OF PAYMENT: Net in 16 days after mailing date; 5 percent added to bill after 16 days. If the sixteenth day falls on a holiday or weekend, the due date will be the next work day. 1 PRESIDENT AND CEO, PUBLIC UTILITY COMMISSION OF TEXAS SOUTHWESTERN PUBLIC SERVICE COMPANY Section No. IV X��ll�n� Sheet No. IV183 r Original $00tHWESTIAN PUILIC $11VIC[ Page 4 of 5 ELECTRIC TARIFF CHARACTER OF SERVICE: Alternating current; 60 hertz; at approximately the contract voltage. FRANCHISE FEE: All current and future franchise fees not included in base rates shall be separately assessed in the municipality where the excess franchise fee is authorized. Bills computed under the above rate will be increased by the additional franchise fees imposed by the appropriate municipality or taxing authority in which jurisdiction the customer's consuming facility resides, when applicable. The franchise fee will appear on the bill as a separate item. GENERAL CONDITIONS: Customer understands that failure to interrupt this Non -Firm Standby Service when requested threatens the reliability of service to other customers. Company will attempt to provide as much prior notice as possible prior to interruptions. Interruptions may be made at any time, in the judgment of Company, when demands for electricity exceeds or are expected to be likely to exceed the Company's available electric supply for whatever reasons including, but not limited to, breakdown of generating units, transmission equipment or other critical facilities; short or long-term shortages of fuel or generation, transmission, and other facilities; and requirement or orders of governmental agencies. CONDITIONS OF SERVICE: Customer is required to install, own, operate and maintain necessary monitoring devices and interruption -control equipment including protective devices, on Customer's side of the point of delivery, as reasonably specified by Company. In addition, Company shall install interruption -control equipment on Company's side of point of delivery as reasonably determined necessary by Company to interrupt the interruptible load. All interruption -control equipment shall be under the exclusive control of Company, and the installation and maintenance of such facilities shall be at the expense of Customer. Interruption -control equipment consists of but is not limited to, under -frequency relays, switchgear, remote control and communications equipment including a communications path, timers, trip counters, and/or other devices as specified by Company. Remote control and communications equipment includes equipment necessary to provide instantaneous load information to Company's designated system operating centers. Operation of the equipment will remain under the control of Company and Company reserves the right to inspect and test all interruption -control equipment and may review Customers' maintenance records. Customer will make commercially reasonable efforts to notify Company of timing and the anticipated duration of planned outages. ' I PUBLIC UTILITY COMMISSION OF TEXAS PRESIDENT AND CEO, SOUTHWESTERN PUBLIC SERVICE COMPANY /3s Section No. IV XA��e � Sheet No. IV183 c e Original Sout"WISTERN ►unlit stivitt Page 5 of 5 ELECTRIC TARIFF NON-COMPLIANCE PAYMENT: Customer understands that to receive service under this rider when the Company requests a reduction of any part or all of the customer's Standby load, the customer must comply with such request within the specified time period. If, at any time, the customer fails in whole or in part to maintain the requested load reduction, the customer shall pay the following charges: During interrupt periods called under the Company's Interruptible Rate Rider, customer shall pay the Company's specifically identifiable additional cost for capacity and 150% the Hourly Clearing Price of the applicable regional wholesale energy market for energy for any Standby Replacement Demand and Energy used by the customer plus any charges or penalties imposed by any governing entity that result from Customer's non- compliance. In the absence of specifically identifiable additional capacity cost, customer shall pay 150% of the firm demand charge in accordance with the Transmission Qualifying Facility Standby Service rate schedule for the amount of demand not interrupted during the billing month. 2. In the event of a second occurrence of non-compliance in any twelve month period, the customer shall pay the same charges as just described except that the demand charge shall be an amount equal to the normal firm demand charge in accordance with the Transmission Qualifying Facility Standby Service rate schedule for the amount of demand not interrupted during the billing month, multiplied by a factor of twelve. In addition, a second occurrence of non-compliance during a Capacity Control interrupt period in any twelve month period shall result in the customer being removed from the Non -Firm Standby Service tariff and customer shall not be eligible to return to this tariff for one year. I PRESIDENT AND CEO, PUBLIC UTILITY COMMISSION OF TEXAS SOUTHWESTERN PUBLIC SERVICE COMPANY '6,J Xcel Energy- SOU/NWES/ERN PUIIIC SERVICE ELECTRIC TARIFF SOUTHWESTERN PUBLIC SERVICE COMPANY An Xcel Energy Company TEXAS CITIES AND TOWNS RULES AND REGULATIONS PUBLIC UTILITY COMMISSION OF TEXAS ELECTRIC PRESIDENT AND CEO, SOUTHWESTERN PUBLIC SERVICE COMPANY l� xceEnergr soutHwEIitlN P0111C 311VICI ELECTRIC TARIFF RULES, REGULATIONS AND CONDITIONS OF SERVICE TABLE OF RULES Rule No. Sheet No. Revision No. Title Section No. V Sheet No. V-2 Revision No. 2 Page 1 of l 1. V-2 2 General Statement of Purpose 2. V-3 2 Definitions 3. V-4 2 Application for Service 4. V-5 2 Supplying of Service 5. V-6 1 Character of Service 6. V-7 1 Continuity of Service 7. V-8 5 Refusal, Discontinuance and Suspension of Service 8. V-9 1 Use of Service 9. V-10 1 Right -of -Way 10. V-11 1 Access to Premises 11. V-12 2 Change of Premises of Customer 12. V-13 1 Temporary Service 13. V-14 1 Customer's Installation 14. V-15 2 Transformer Vaults 15. V-16 2 Company's Installations 16. V-17 10 Extension to Customers 17. V-18 2 Metering 18. V-19 3 Billing 19. V-20 3 Application of Rate Schedules 20. V-21 6 Deposits 21. V-22 2 Application of Rules and Regulations --Conflicts 22. V-23 1 Unauthorized Communication Devices 23. V-25 2 Load Control Equipment for Customers 24. V-27 1 Customer Complaints 25. V-29 1 Retail Electric Switchover 26. V-30 Original Residential Billing of Vacant Rental Property PRESIDENT AND CEO, SOUTHWESTERN PUBLIC SERVICE COMPANY PUBLIC UTILITY COMMISSION OF TEXAS Xceffinergr sourHWISIUa /ullic sttvtct Section No. V Sheet No. V-2 Revision No. 2 ELECTRIC TARIFF Page 1 of 1 RULES, REGULATIONS AND CONDITIONS OF SERVICE 1. GENERAL STATEMENT OF PURPOSE These Rules and Regulations are designed to govern the supplying and taking of electric service in such a manner as will secure to each Customer the greatest practicable latitude in the enjoyment of service consistent with good service and safety to himself and other Customers. These Rules and Regulations, subject to revision from time to time, supercede and annul all regulations by whatever term designated which may previously have governed the supplying and taking of the Company's electric service. This tariff, including all Rules and Regulations and all applicable rate schedules, is on file in the Company's Amarillo and Austin offices, and copies are obtainable by any Customer without charge upon request, or on the Company's website, www.xcelenergy.com. PUBLIC UTILITY COMMISSION OF PRESIDENT AND CEO, SOUTHWESTERN PUBLIC SERVICE COMPANY /4Z- xceEnergr SOUfNWESTINN fulttt; SEAVItE Section No. V Sheet No. V-3 Revision No. 2 ELECTRIC TARIFF Page 1 of 2 RULES, REGULATIONS AND CONDITIONS OF SERVICE 2. DEFINITIONS The following expressions, when used in these Rules and Regulations, in Rate Schedules and in Service Agreements, shall, unless otherwise indicated, have the meanings given below: Applicant: Any individual, partnership, association, firm, public or private corporation or governmental agency who applies for service for the first time or reapplies at a new or existing location after discontinuance of service. Billing Month: An interval of approximately thirty days between successive meter reading dates, except when the calendar month is specified. Commission: The Public Utility Commission of Texas. Company: Southwestern Public Service Company ("SPS"). Customer: Any individual, partnership, association, firm, public or private corporation or governmental agency receiving electric service from the Company. Customer's Installation: All wires, cut-outs, switches, appliances and apparatus of every kind and nature used in connection with or forming a part of any installation for utilizing electricity for any purpose ordinarily located on the Customer's side of Point of Delivery, whether such installation is owned outright by Customer or used by Customer under lease or otherwise. Electric Service: The maintenance by the Company of an established voltage and frequency at the Point of Delivery to the Customer constitutes the supplying of electric service, irrespective of whether or not any electric power and energy is actually used by the Customer. Extension: Any branch from, or continuation of, Company's existing facilities to the Point of Delivery to Customer, including increases in capacity of any existing facilities, or the changing of any line to meet the Customer's requirements, and including all transformers, service connections and meters. PRESIDENT AND CEO, SOUTHWESTERN PUBLIC SERVICE COMPANY PUBLIC UTILITY COMMISSION OF TEXAS Section No. V Xceffiner - Sheet No. V-3 71 Revision No. 2 $091NWESTrIN rustic SEEYICE ELECTRIC TARIFF Page 2 of 2 RULES, REGULATIONS AND CONDITIONS OF SERVICE DEFINITIONS Meter: Any metering equipment, including auxiliary devices, if any, constituting the complete installation required to measure the power and energy supplied to any Customer at a single point of delivery. Notice: Unless otherwise specified, a written notification delivered personally or mailed by one party to the other at such other party's last known address. Point of Delivery: The end of Company's service connection, or the point where Company's wires are joined to Customer's wires or apparatus, unless otherwise specified in Service Agreement. Premises: Piece of land or real estate, including buildings and other appurtenances thereon. Service Agreement: Written agreement or contract between Company and Customer pursuant to which service is supplied and taken in the manner established for the applicable class of service. Service Connection: Wires from the Company's distribution system to the Customer's service entrance. Special Contract: A written agreement or contract between Company and Customer to establish a rate and/or condition of electric service that due to size or load characteristics or both, differs From those established for general classes of service. Rate Schedule: Schedule of charges for electric service containing the schedule number, class of service, applicability, territory, rate, minimum charge, and conditions under which service is to be furnished, as approved by the Commission. Temporary Service: Service to any electrical installation for a period of less than five years shall be considered temporary. Examples may include well drilling loads, construction power loads, carnivals, street decorations for celebrations and other similar loads of short duration. PRESIDENT AND CEO, SOUTHWESTERN PUBLIC SERVICE COMPANY PUBLIC UTILITY COMMISSION OF TEXAS /0 /0 XCOIEnergy19 SOUthwistIAN ►UStIC SERVICE Section No. V Sheet No. V4 Revision No. 2 ELECTRIC TARIFF Page 1 of 1 RULES, REGULATIONS AND CONDITIONS OF SERVICE 3. APPLICATION FOR SERVICE Any applicant for service may be required to sign: (a) The Company's standard deposit form, (b) A Service Agreement, or (c) A Special Contract. PRESIDENT AND CEO, SOUTHWESTERN PUBLIC SERVICE COMPANY PUBLIC UTILITY COMMISSION OF TEXAS ' xce Energr $0UTHWIMIN Fult1C $11VICI Section No. V Sheet No. V-5 Revision No. 2 ELECTRIC TARIFF Page 1 of 2 RULES, REGULATIONS AND CONDITIONS OF SERVICE 4. SUPPLYING OF SERVICE Service shall be supplied only under and pursuant to these Rules and Regulations and any modifications or additions thereto lawfully made, and such applicable Rate Schedules as may from time to time be lawfully fixed. Service shall be supplied under a given Rate Schedule only at such points of delivery located adjacent to facilities of Company which, in the Company's opinion, are adequate and suitable, as to capacity and voltage, for the service desired. Otherwise, a Service Agreement or a Special Contract may be required. The Company shall not be required to supply service until a reasonable time after the application is approved and after any necessary permits have been obtained. However, if, due to circumstances beyond the control of the Company, service cannot be furnished within a reasonable length of time, Customer shall be advised promptly regarding the delay. (1) Applications for new electric service not involving line extensions or construction of new facilities shall be filled within seven working days after the applicant has met the credit requirements as provided for in §25.24 of the Commission's Substantive Rules (relating to Credit Requirements and Deposits) and complied with all applicable state and municipal regulations. (2) An electric utility may require a residential applicant for service to satisfactorily establish credit in accordance with §25.24 of the Commission's Substantive Rules (relating to Credit Requirements and Deposits), but such establishment of credit shall not relieve the Customer from complying with rules for prompt payment of bills. (3) Requests for new residential service requiring construction, such as line extensions, shall be completed within 90 days or within a time period agreed to by the Customer and the Company if the applicant has met the credit requirements as provided for in §25.24 of the Commission's Substantive Rules; and made satisfactory payment arrangements for construction charges; and has complied with all applicable state and municipal regulations. For this section, facility placement which requires a permit for a road or railroad crossing will be considered a line extension. PRESIDENT AND CEO, PUBLIC UTILITY COMMISSION OF TEXAS I SOU`17HWESTERN PUBLIC SERVICE COMPANY 4 ' XcetEne►X souVIVIS )f ►ublie sely1cf ELECTRIC TARIFF RULES, REGULATIONS AND CONDITIONS OF SERVICE 4. SUPPLYING OF SERVICE Section No. V Sheet No. V-5 Revision No. 2 Page 2of2 (4) If facilities must be constructed, then the Company shall contact the Customer within 10 working days of receipt of the application, and give the Customer an estimated completion date and an estimated cost for all charges to be incurred by the Customer. (5) Unless the delay is beyond the reasonable control of the Company, a delay of more than 90 days shall constitute failure to serve, unless the Customer and electric utility have agreed to a longer term. PRESIDENT AND CEO, SOUTHWESTERN PUBLIC SERVICE COMPANY PUBLIC UTILITY COMMISSION OF TEXAS Xce Energy sourNW11r1RH 1UIlIC $11VIC1 Section No. V Sheet No. V-6 Revision No. l ELECTRIC TARIFF Page 1 of l RULES, REGULATIONS AND CONDITIONS OF SERVICE 5. CHARACTER OF SERVICE Electric service furnished shall be of the character known as 60 hertz alternating current. Voltage supplied and the choice of single or three-phase service shall be by mutual agreement between the Customer and the Company. The standard nominal voltages to be supplied are: 120/240 Volts single-phase 120 Volts single-phase 480 Volts single-phase 120/208 Volts three-phase 120/240 Volts three-phase 277/480 Volts three-phase 480 Volts three-phase 2400 Volts three-phase 2400/4160 Volts three-phase 6930/12,000 Volts three-phase 7200/12,470 Volts three-phase 7620/13,200 Volts three-phase 13,200/22,860 Volts three-phase 34,500 Volts three-phase 19,900/34,500 Volts three-phase PRESIDENT AND CEO, SOUTHWESTERN PUBLIC SERVICE COMPANY .. PUBLIC UTILITY COMMISSION OF TEXAS 0 Xce1Energr SOMWESNIN FV11IC MVICE Section No. V Sheet No. V-7 Revision No. 1 ELECTRIC TARIFF Page 1 of 1 RULES, REGULATIONS AND CONDITIONS OF SERVICE 6. CONTINUITY OF SERVICE Company will use reasonable diligence to supply steady and continuous service. Company will be liable to Customer for any damages occasioned by irregularities or interruptions only when such damages are the result of negligence on the part of the Company. The Company shall not be liable to the Customer nor shall the Customer be liable to the Company by reason of failure of the Company to deliver or the Customer to receive electrical energy as the result of fire, strike, riot, explosion, flood, accident, breakdown, acts of God, the public enemy, or other conditions beyond the control of the party affected; it being the intention of each party to relieve the other of the obligation to supply or to receive energy when, as a result of any of the above mentioned causes, either party may be unable to delivery or use, in whole or in part, electrical energy to be delivered or received. PRESIDENT AND CEO, SOUTHWESTERN PUBLIC SERVICE COMPANY PUBLIC UTILITY COMMISSION OF TEXAS Section No. V Sheet No. V-8 Xce� Energ' Revision No. 5 sonrewrsrrle futile srRrrct Page 1 of 5 ELECTRIC TARIFF RULES, REGULATIONS AND CONDITIONS OF SERVICE 7. REFUSAL, DISCONTINUANCE AND SUSPENSION OF SERVICE (a) Disconnection with notice. Electric utility service may be disconnected after proper notice for any of these reasons: (1) failure to pay a bill for electric utility service or make deferred payment arrangements by the date of disconnection; (2) failure to comply with the terms of a deferred payment agreement; (3) violation of the Company's rules on using service in a manner which interferes with the service of others or the operation of nonstandard equipment, if a reasonable attempt has been made to notify the Customer and the Customer is provided with a reasonable opportunity to remedy the situation; (4) failure to pay a deposit as required by §25.24 of the Commission's Substantive Rules (relating to Credit Requirements and Deposits); or (5) failure of the guarantor to pay the amount guaranteed, when the Company has a written agreement, signed by the guarantor, that allows for disconnection of the guarantor's service. (b) Disconnection without prior notice. Electric utility service may be disconnected without prior notice for any of the following reasons: (1) where a known dangerous condition exists for as long as the condition exists. Where reasonable, given the nature of the hazardous condition, the Company shall post a notice of disconnection and the reason for the disconnection at the place of common entry or upon the front door of each affected residential unit as soon as possible after service has been disconnected; (2) where service is connected without authority by a person who has not made application for service; (3) where service was reconnected without authority after termination for nonpayment; or (4) where there has been tampering with the Company's equipment or evidence of theft of service. (c) Disconnection prohibited. Electric utility service may not be disconnected for any of the following reasons: (1) delinquency in payment for electric utility service by a previous occupant of the premises; PRESIDENT AND CEO, PUBLIC UTILITY COMMISSION OF TEXAS SOUTHWESTERN PUBLIC SERVICE COMPANY l 50 XceffnerW SOUNWSSI M F98ti6 IFIVICt ELECTRIC TARIFF Section No. V Sheet No. V-8 Revision No. 5 Page 2 of 5 RULES, REGULATIONS AND CONDITIONS OF SERVICE 7. REFUSAL, DISCONTINUANCE AND SUSPENSION OF SERVICE (2) failure to pay for merchandise, or charges for non -electric utility service; (3) failure to pay for a different type or class of electric utility service unless charges for such service were included on that account's bill at the time service was initiated; (4) failure to pay charges arising from an underbilling, except theft of service, more than six months prior to the current billing; (5) failure to pay disputed charges, except for the required average billing payment, until a determination as to the accuracy of the charges has been made by the Company or the Commission and the Customer has been notified of this determination; (6) failure to pay charges arising from an underbilling due to any faulty metering, unless the meter has been tampered with or unless such underbilling charges are due under §25.126 of the Commission's Substantive Rules (relating to Meter Tampering); or (7) failure to pay an estimated bill other than a bill rendered pursuant to an approved meter -reading plan, unless the Company is unable to read the meter due to circumstances beyond its control. (d) Disconnection on holidays or weekends. Unless a dangerous condition exists or the Customer requests disconnection, service shall not be disconnected on holidays or weekends, or the day immediately preceding a holiday or weekend, unless the Company personnel are available on those days to take payments and reconnect service. (e) Disconnection due to electric utility abandonment. The Company may not abandon a Customer or a certified service area without written notice to its Customers and all similar neighboring utilities, and approval from the Commission. (f) Disconnection of ill and disabled. The Company may not disconnect service at a permanent, individually metered dwelling unit of a delinquent Customer when that Customer establishes that disconnection of service will cause some person residing at that residence to become seriously ill or more seriously ill. PUBLIC UTILITY COMMISSION OF TEXAS Xceffinergr $00THW11THN PV1116 SEIVICt ELECTRIC TARIFF Section No. V Sheet No. V-8 Revision No. 5 Page 3 of S RULES, REGULATIONS AND CONDITIONS OF SERVICE 7. REFUSAL, DISCONTINUANCE AND SUSPENSION OF SERVICE (1) Each time a Customer seeks to avoid disconnection of service under this subsection, the Customer must accomplish all of the following by the stated date of disconnection: (A)have the person's attending physician (for purposes of this subsection, the term "physician" shall mean any public health official, including medical doctors, doctors of osteopathy, nurse practitioners, registered nurses, and any other similar public health official) call or contact the Company by the stated date of disconnection; (B) have the person's attending physician submit a written statement to the Company; and (C) enter into a deferred payment plan. (2) The prohibition against service termination provided by this subsection shall last 63 days from the issuance of the Company's bill or a shorter period agreed upon by the Company and the Customer or physician. (g) Disconnection of energy assistance clients. The Company may not terminate service to a delinquent residential Customer for a billing period in which the Company receives a pledge, letter of intent, purchase order, or other notification that the energy assistance provider is forwarding sufficient payment to continue service. (h) Disconnection during extreme weather. The Company cannot disconnect a Customer anywhere in its Texas service territory on a day when: (1) the previous days highest temperature did not exceed 32 degrees Fahrenheit, and the temperature is predicted to remain at or below that level for the next 24 hours, according to the nearest National Weather Service (NWS) reports; or (2) the NWS issues a heat advisory for any county in the Company's Texas service territory, or when such advisory has been issued on any one of the preceding two calendar days. PUBLIC UTILITY COMMISSION OF TEXAS /s2 Xceffinep�ry{/'" Section No. V yl Sheet No. V-8 sour"WISiERN Cultic SERVICE Revision No. 5 ELECTRIC TARIFF Page 4 of 5 RULES, REGULATIONS AND CONDITIONS OF SERVICE 7. REFUSAL, DISCONTINUANCE AND SUSPENSION OF SERVICE (i) Disconnection of master -metered apartments. When a bill for electric utility services is delinquent for a master -metered apartment complex: (1) The Company shall send a notice to the Customer as required in subsection 0) of this section. At the time such notice is issued, the Company shall also inform the Customer that notice of possible disconnection will be provided to the tenants of the apartment complex in six days if payment is not made before that time. (2) At least six days after providing notice to the Customer and at least four days before disconnecting, the Company shall post a minimum of five notices in conspicuous areas in the corridors or other public places of the apartment complex. Language in the notice shall be in large type and shall read: "Notice to residents of (name and address of apartment complex): the Company service to this apartment complex is scheduled for disconnection on (date), because (reason for disconnection)." 0) Disconnection notices. Any disconnection notice issued by the Company to a Customer must: (1) not be issued before the first day after the bill is due, to enable the Company to determine whether the payment was received by the due date. Payment of the delinquent bill at the Company's authorized payment agency is considered payment to the Company. (2) be a separate mailing or hand delivered with a stated date of disconnection with the words "disconnection notice" or similar language prominently displayed. (3) have a disconnection date that is not a holiday or weekend day, not less than ten days after the notice is issued. (4) be in English and in Spanish. (5) include a statement notifying the Customer that if they need assistance paying their bill by the due date, or are ill and unable to pay their bill, they may be able to make some alternate payment arrangement, establish deferred payment plan, or possibly secure payment assistance. The notice shall also advise the Customer to contact the Company for more information. PRESIDENT AND CEO, SOUTHWESTERN PUBLIC SERVICE COMPANY PUBLIC UTILITY COMMISSION OF TEXAS Section No. V Sheet No. V-8 ' XceIEnergAV Revision No. 5 SOUiHWIMIN 1Ulllt SEIVICI ELECTRIC TARIFF Page 5 of 5 RULES, REGULATIONS AND CONDITIONS OF SERVICE 7. REFUSAL, DISCONTINUANCE AND SUSPENSION OF SERVICE (k) Suspension of Service for Repairs and Changes: When necessary to make repairs to or changes in the Company's plant, generating equipment, transmission or distribution system, or other property, the Company may suspend service for such periods as may be reasonably necessary, and in such manner as not to inconvenience the Customer unnecessarily. The Company shall be liable to the Customer for any damages occasioned by such suspension only when the damages are the result of negligence on the part of the Company. The Company will endeavor to give reasonable notice to the Customer of the Company's intention to suspend service. PUBLIC UTILITY COMMISSION OF TEXAS PRESIDENT AND CEO, SOUTHWESTERN PUBLIC SERVICE COMPANY J 6V Section No. V aXcel Energy Sheet No. V-9 `1 J Revision No. 1 SOVINWFStEIN P910C SUVICI ELECTRIC TARIFF Page 1 of 1 RULES, REGULATIONS AND CONDITIONS OF SERVICE 8. USE OF SERVICE Service shall be supplied directly to Customer through the Company's meter and is to be used by the Customer only for the purposes specified in and in accordance with the provisions of the applicable Rate Schedule or Service Agreement, these Rules and Regulations and the Rules and Regulations of the Commission. Service shall be for Customer's use only and under no circumstances may the Customer or Customer's agent or any other individual, association or corporation install meters for the purpose of remetering or reselling or otherwise disposing of service supplied Customer to lessees, tenants or others, except in accordance with a Rate Schedule or Service Agreement which authorizes such use of the service. In no case may Customer, except with the written consent of the city, owner or entity having jurisdiction, extend or connect his installation to lines across or under a street, alley, lane, court or avenue other public or private space in order to obtain service for adjacent property through one meter even though such adjacent property be owned by the Customer. PRESIDENT AND CEO, SOUTHWESTERN PUBLIC SERVICE COMPANY PUBLIC UTILITY COMMISSION OF TEXAS Section No. V XcelEnergy- Sheet No. V-10 ��✓// SOU1HWtltIAN IUftit SttYitt Revision No. 1 ELECTRIC TARIFF Page l of l RULES, REGULATIONS AND CONDITIONS OF SERVICE 9. RIGHT OF WAY The Customer shall provide, at no expense to the Company, valid easements and rights -of -way, as required by the Company, to cover the distribution system. The Company will use reasonable diligence in protecting the property owner when providing or maintaining overhead or underground service connections. The Company shall have the right to clear its service connection or any such interfering tree, shrub or other obstruction; except when the property owner objects to such clearance, the Company may change or relocate the service connection to meet its requirements, and the full cost of the change or relocation will be borne by the Customer or property owner. PRESIDENT AND CEO, PUBLIC UTILITY COMMISSION OF TEXAS SOUTHWESTERN PUBLIC SERVICE COMPANY 56 Xceffinergym s00tHWIS111H ruu►c sfivicr Section No. V Sheet No. V-i l Revision No. 1 ELECTRIC TARIFF Page 1 of 1 RULES, REGULATIONS AND CONTITIONS OF SERVICE to. ACCESS TO PREMISES Company's authorized agents shall have access at all reasonable hours to premises of Customer, for the purpose of inspecting wiring and apparatus, removing or replacing Company's property, reading of meters and all other purposes incident to supplying of service. PRESIDENT AND CEO, SOUTHWESTERN PUBLIC SERVICE COMPANY PUBLIC UTILITY COMMISSION OF TEXAS XceffinergySN SOUINWISIU N PURIC stly1tr ELECTRIC TARIFF Section No. V Sheet No. V-12 Revision No. 2 Page 1 of I RULES, REGULATIONS AND CONDITIONS OF SERVICE 11. CHANGE OF PREMISES OF CUSTOMER When Customer plans to vacate the premises at which he is receiving service, he shall notify the Company prior to moving from the premises. Customer shall be responsible for all service supplied to the original premises until such notice has been received and the Company has had not more than three working days to discontinue service. PRESIDENT AND CEO, SOUTHWESTERN PUBLIC SERVICE COMPANY PUBLIC UTILITY COMMISSION OF TEXAS 12. XcelEnerW foutHW11111H 10111C SERVICE ELECTRIC TARIFF Section No. V Sheet No. V-13 Revision No. 1 Page 1 of l RULES, REGULATIONS AND CONDITIONS OF SERVICE TEMPORARY SERVICE Temporary Service will be furnished under the Company's established rules, regulations and rates for the type of service required; provided, the Customer may be required to pay, in addition to the cost of service rendered under the applicable rate, all the associated cost of installing, connecting and removing the facilities required to provide such service, in excess of any salvage realized. PRESIDENT AND CEO, SOUTHWESTERN PUBLIC SERVICE COMPANY PUBLIC UTILITY COMMISSION OF TEXAS ' XcelEner 109 W1fi11N lulllt $11VIt1 ELECTRIC TARIFF Section No. V Sheet No. V-14 Revision No. 1 Page 1 of 2 RULES, REGULATIONS AND CONDITIONS OF SERVICE 13. CUSTOMER'S INSTALLATION Customer's Responsibility: The Customer shall assume all responsibility on the Customer's side of Point of Delivery for service supplied or taken, as well as for the electrical installation, appliances and apparatus used in connection therewith, except for injury or damage to persons or property occasioned by negligence on the part of the Company. Customer's Facilities: Customer's facilities shall comply with specifications at least equal to those prescribed by the National Electric Safety Code of the United Stated Bureau of Standards, any other legally applicable codes, and the rules of the Company. The Customer shall operate said facilities and other electrical equipment in such a manner as not to interfere with the service of the Company to other Customers. The Service Entrance shall be so located that one set of attachments will provide the necessary support for the Service Connection. The Customer's service terminals are to be located at a point readily accessible to Company's service lines, such point to be determined by Company. When construction or remodeling of a building preclude the use of the Company's standard service attachment, Customer shall install a suitable attachment for the overhead service wires to the building. The location of such attachment shall be determined by the Company, and at the cost of the Customer. The Company shall be responsible for any and all damages to persons or property resulting from insecure or weak or inadequate attachments on or to Customer's property only when such damages are the result of negligence on the part of the Company. Power Factor: Customer shall furnish, install and maintain, at his own expense, any and all corrective apparatus necessary to maintain a power factor of not less than 90% lagging on installations of any nature whatsoever. PRESIDENT AND CEO, SOUTHWESTERN PUBLIC SERVICE COMPANY PUBLIC UTILITY COMMISSION OF TEXAS ` XcelEnergr 100fo ESTIAN ►olile $11VICI ELECTRIC TARIFF Section No. V Sheet No. V-14 Revision No. 1 Page 2 of 2 RULES, REGULATIONS AND CONDITIONS OF SERVICE 13. CUSTOMER'S INSTALLATION Changes in Customer's Installation: The Company's service connections, transformers, meters and other facilities used in supplying service to Customer have a definite limited capacity. Customer shall give notice to Company, and obtain Company's consent, before making any material changes or increases in Customer's installation. After receipt of such notice Company will, as promptly as practicable, give its approval to the proposed change or increase, or will advise Customer upon what conditions service can be supplied for such change or increase. In the event of damage to Company's facilities resulting from Customer's negligence in reporting changes or increases in Customer's installation, Customer shall be liable to Company for all expenses incurred in repairing such damages and restoring service. Inspection by Company: Company retains the right, but does not assume the duty, to inspect Customer's installation at any time, and from time to time, and to refuse to commence or to continue service whenever it considers such installation to be defective, hazardous or for any other reason not in good operating condition. The Company reserves die right to check the Customer's connected load and service requirements from time to time and to apply the proper rate schedule and basis of billing to conform to the findings of such investigations of connected load and service requirements. 1 PRESIDENT AND CEO, PUBLIC UTILITY COMMISSION OF TEXAS SOUTHWESTERN PUBLIC SERVICE COMPANY Xccl EnerWw $01F [STEAK ►UIU6 $IRVICE ELECTRIC TARIFF Section No. V Sheet No. V-15 Revision No. 2 Page 1 of 1 RULES, REGULATIONS AND CONDITIONS OF SERVICE 14. TRANSFORMER VAULTS Transformer vaults should not be used for new service. When a transformer vault is installed for service to a Customer, all details and expenses thereto shall be borne solely by the Customer. A Service Agreement or a Special Contract shall be established to define ownership and liability. PUBLIC UTILITY COMMISSION OF TEXAS PRESIDENT AND CEO, SOUTHWESTERN PUBLIC SERVICE COMPANY 162- Xcel Energy sourewISUIR iuilic $11VICI ELECTRIC TARIFF Section No. V Sheet No. V-16 Revision No. 2 Page 1 of 1 RULES, REGULATIONS AND CONDITIONS OF SERVICE 15. COMPANY'S INSTALLATION Installation and Maintenance. Company will install and maintain its line and equipment on its side of Point of Delivery, but shall not install or maintain any equipment or lines on Customer's side of Point of Delivery, excepting meters and meter enclosures. Service Connection to Customer Overhead: Employees of the Company shall install an overhead service connection from the Company's lines to a point of attachment on Customer's building; connect to the Customer's service entrance and install the meter, all at the expense of the Company. Underground: Employees of the Company shall install an underground service connection from the Company's lines to a point of delivery in accordance with the provisions of the Company's standards. Protection by Customer: Customer or property owner will exercise due care for the protection of Company property. PUBLIC UTILITY COMMISSION OF TEXAS PRESIDENT AND CEO, SOUTHWESTERN PUBLIC SERVICE COMPANY // "7 16. Xcet Energ►r SOUTHWESTERN'Ulttt SEAYICI Section No. V Sheet No. V-17 Revision No. 10 Page 1 of 3 RULES, REGULATIONS AND CONDITIONS OF SERVICE EXTENSION TO CUSTOMERS General Policy: If a line Extension is required by other than a large industrial or commercial Customer or if facilities are not available, the Company will inform the Customer within 10 working days of receipt of the application, and will give the Customer an estimated completion date. Following assessment of necessary line work, the Company will explain to the Customer any construction cost options such as sharing of construction costs between the Company and the Customer, or sharing of costs between the Customer and other Applicants. The Company will make an Extension to provide service to a new Customer when the revenue to be derived from such Extension will provide a suitable return. Extensions requiring an excessive expenditure in relation to revenues shall be made only when the Customer makes a nonrefundable contribution as an aid to construction. Such nonrefundable contribution will reduce the Company's net Extension expenditure to a value which will provide a suitable return from expected revenues, thereby preventing undue hardship on the other Customers of the Company. Construction shall not commence until the contribution is paid. in full. Requested alterations or relocations of Company facilities without a contribution in aid to construction impose an unfair burden on other Customers. The Customer making such request shall make a nonrefundable contribution as an aid to construction for the full cost of the alterations or relocations except where prohibited by law, franchise or the authority having jurisdiction. The cost of a line Extension is based on an estimate of the cost of material for the specific line Extension. The cost includes the cost of material, labor, necessary transportation and equipment and appropriate overheads applied in a uniform manner throughout the Company's Texas service territory. The Customer shall have the option of performing all ditching and backfilling required for the installation of all underground wires and cables, in accordance with Company specifications. If the Customer is unable or unwilling to do ditching and backfilling, the Company shall do it at the expense of the Customer. PRESIDENT AND CEO, PUBLIC UTILITY COMMISSION OF TEXAS SOUTHWESTERN PUBLIC SERVICE COMPANY 164 Xce[Energryw soutmirFRN /usuc stivicF ELECTRIC TARIFF Section No. V Sheet No. V-17 Revision No. 10 Page 2 of 3 RULES, REGULATIONS AND CONDITIONS OF SERVICE 16. EXTENSION TO CUSTOMERS Expected annual revenue, which excludes fuel and purchased power cost, is to be estimated by applying current rates to the Customer's estimated load data. Average - use data may be used to calculate annual revenue when appropriate, for example, if the Customer's load is highly weather sensitive. A suitable return, as used in this rule, is provided when an economic analysis results in a return on the investment in plant and equipment related to the line Extension equal to or greater than the allowed return granted in the Company's most recent rate case. Such economic analysis will incorporate estimated annual revenue, operating and maintenance expenses, line Extension cost, other costs as appropriate, and expected duration of service to the new Customer. Extensions to Customers will be made in compliance with the Company's distribution standards. Each Extension shall be considered upon its individual merits and will be governed where applicable, by the following Extension policy statements and exhibits: A Except for service to Customers specifically addressed in paragraphs B., C., and D. below, the Company will make an Extension at its cost to Customers who qualify for service under its applicable tariffs, when the cost of the Extension does not exceed 3.0 times the expected annual revenue to be derived from such Extension, excluding any fuel and purchased power cost revenue. The Customer shall pay to the Company a nonrefundable contribution as an aid to construction, all costs of such Extension which exceed 3.0 times the expected annual revenue figure described in the preceding sentence. B Irrigation: The Company will make an overhead Extension to Customers who qualify for secondary general service. The Customer shall pay to the Company a nonrefundable contribution as an aid to construction, all costs of such Extension. An irrigation Extension shall be used in instances where Customer uses Company's service for purpose of pumping water to irrigate a tract of land on a permanent basis and plans to raise a crop (cotton, feed, wheat, vegetables, grass, etc.). If Customer is planning to pump water for domestic use, the irrigation Extension may not apply. PRESIDENT AND CEO, SOUTHWESTERN PUBLIC SERVICE COMPANY PUBLIC UTILITY COMMISSION OF TEXAS Section No. V Xcel Energyn Sheet No. V-17 / Revision No. 10 SOUTHWESTERN POILIC SERVICE Page 3 of 3 ELECTRIC TARIFF RULES, REGULATIONS AND CONDITIONS OF SERVICE 16. EXTENSION TO CUSTOMERS C. Primary and Secondary General Service: Due to the complexities and substantial costs often involved in this type of service Extension, each request for service will be evaluated on its individual costs and benefits. The Company will extend its facilities to serve Customers qualifying for service under its Primary and Secondary General Service Tariff based upon the following guidelines. For Extensions costing more than $100,000, the Company will make the Extension at its cost if the expected annual revenue from the service provides a suitable return. Extensions requiring an excessive expenditure in relation to revenue shall be made only when the Customer makes a nonrefundable contribution as an aid to construction, thereby lowering the Company's investment in the service to an amount on which suitable return can be realized from the expected annual revenue. 2. A Service Agreement or Special Contract may be required by the Company to be executed prior to extending service. The contract term shall contain a minimum contract period with an automatic renewable provision from year to year thereafter. D. Extension policies defining other specific service conditions are included in the following exhibits: Underground Distribution Extension— Exhibit "A" 2. Suburban Development Extension — Exhibit "B". Any request for an Extension that cannot be agreeably resolved between the Company and the Customer shall be referred to the regulatory body having jurisdiction. PUBLIC UTILITY COMMISSION OF TEXAS PRESIDENT AND CEO, SOUTHWESTERN PUBLIC SERVICE COMPANY 1�6 Section No. V Sheet No. V-17 Xce energy- Revision No. 10 SOUINWESTERN PUIUC SERVICE Page A-1 of A-2 ELECTRIC TARIFF Extension Policy TITLE: Underground Distribution Extension. PURPOSE: To establish a policy under which the Company can extend its electric facilities for the above titled service. The Company's tariffs covering electricity consumption are all based on service being supplied by normal overhead facilities. Requirements imposed on the owner or developer, herein called owner, under this policy are designed so that the Company may provide underground service when requested by the owner without causing undue hardship on other Customers of the Company. Undue hardship is placed on other Customers of the Company when the Company's cost of making the requested extension is such that the revenues to be derived from the extension will not provide a suitable return as described in the Company's Rules, Regulations and Conditions of Service -Extensions to Customers. POLICY DEFINITION: The Company will provide a distribution system placed underground utilizing pad mounted type transformers and enclosures. The distribution system may provide single or three phase, three or four wire service at a nominal 120/240 Volts, 120/208 Volts or 277/480 Volts at a Point of Delivery acceptable to the Company. Metering will be provided and installed by the Company. STREET LIGHTING: The Company will provide street lighting requested by a municipal authority having jurisdiction within the specified area being developed under this policy, provided that the type of lighting requested is compatible with the distribution system and the municipal authority agrees to the monthly service charges specified on the applicable tariffs. The Company's rates for street lighting are differentiated as wood pole overhead, wood pole underground, steel pole overhead and steel pole underground. When the municipal authority authorizes a street light at the overhead service rate, the owner shall pay to the Company, a nonrefundable contribution as an aid to construction, and the Company will provide service to the street light. When the authorization specifies a street light at a wood pole rate, the Company will install a standard steel pole at the request of the owner, provided the owner pays to the Company, a nonrefundable contribution as an aid to construction. PUBLIC UTILITY COMMISSION OF TEXAS PRESIDENT AND CEO, SOUTHWESTERN PUBLIC SERVICE COMPANY /1e XcelEnetW SOUTHWRSTERM ►USttC SERVICE ELECTRIC TARIFF EXHIBIT A Extension Policy Section No. V Sheet No. V-17 Revision No. 10 Page A-2 of A-2 REQUIREMENTS FOR OWNER: The owner shall provide, at no expense to the Company, the following: A. Survey and Plats: Certified plats identifying property corners that have been located on the ground by a qualified surveyor in a Company approved format. B. Easements and Rights -of -Way: Valid easements and rights -of -way, as required by the Company, to cover the distribution system. C. Ditching and Backfilling: All ditching and backfilling required for the installation of all underground wires and cables, in accordance with Company specifications. D. Compliance with Company Standards: All aspects of interconnection shall comply with Company standards, electrical codes and the rules of the jurisdiction having authority. E. Contribution as an Aid to Construction: A nonrefundable contribution as an aid to construction for all cost incurred by the Company. The cost to the Company includes the cost of material, labor, necessary transportation and equipment and appropriate overheads applied in a uniform manner. F. Overhead to Underground Conversion: The Company will agree to place existing or future feeder circuits and distribution lines underground only when the cost is borne by the owner or others. Costs associated with such underground feeder circuits and distribution lines shall be determined by the Company. PRESIDENT AND CEO, SOUTHWESTERN PUBLIC SERVICE COMPANY PUBLIC UTILITY COMMISSION OF TEXAS Section No. V Sheet No. V-17 Revision No. 10 SOUTHWISTINN ►Unit SERVItt Page B-1 of B-2 ELECTRIC TARIFF EXHIBIT B Extension Policy TITLE: Suburban Development Extension. PURPOSE: The purpose of this Extension policy is to establish a means by which the Company can provide requested extensions of electric distribution facilities into a specific residential development area for service to future Company Customers within that area without causing an undue hardship on other Company Customers. Undue hardship is placed on other Customers when the Company's cost of making a requested extension is such that the revenue to be derived from the extension will not provide a suitable return to the Company. AVAILABILITY: Extension of electric distribution facilities is available to any developer engaged in subdividing a contiguous parcel of land, located within the Company's Texas service area, into specified lots or tracts intended for sale or lease and utilization as lots for residential occupancy. However, the development must be under the control of a responsible developer who shall comply with the terms and conditions of this policy. STATEMENT OF POLICY: The Company will extend a primary voltage line to serve the development, including a secondary voltage line as needed by developer ("Extension"). 2. Developer will provide a non-refundable contribution as an aid to construction in the amount of the Company's estimated total cost of the Extension. 3. The Company may make other extensions, alterations, or additions to the Extension for service to Customers outside of the development. Q. Upon the request of any owner of a lot within the development, the Company will extend service from the Extension to the Point of Delivery in accordance with the Company's Rules, Regulations and Conditions of Service. 5. The subdivided parcel of land shall be defined by a recorded plat, a copy of which shall be provided to the Company in Company approved format. 6. The developer shall provide at no expense to the Company, valid easements and rights -of way as required by the Company covering all the Company's facilities. PRESIDENT AND CEO, SOUTHWESTERN PUBLIC SERVICE COMPANY PUBLIC UTILITY COMMISSION OF TEXAS Xceffinergysm $00tHwIltIRM PU/tfc ltlyict ELECTRIC TARIFF EXHIBIT B Extension Policy Section No. V Sheet No. V-17 Revision No. 10 Page B-2 of B-2 STREET LIGHTING: The Company will provide at its cost street lighting requested by a municipal authority having jurisdiction within the specified area being developed under this policy, provided that the type of lighting requested is compatible with the distribution system and the municipal authority agrees to the monthly service charges specified on the applicable tariffs. The Company's rates for street lighting are differentiated as wood pole overhead, wood pole underground, steel pole overhead and steel pole underground. When the municipal authority authorizes a street light at the overhead service rate, the owner shall pay to the Company, a nonrefundable contribution as an aid to construction, and the Company will provide service to the street light. When the authorization specifies a street light at a wood pole rate, the Company will install a standard steel pole at the request of the owner, provided the owner pays to the Company, a nonrefundable contribution as an aid to construction. PUBLIC UTILITY COMMISSION OF TEXAS PRESIDENT AND CEO, SOUTHWESTERN PUBLIC SERVICE COMPANY 1 /o Section No. V 1►ce nerg /'� Sheet No. V-18 ��11 Revision No. 2 soutHWIS111H lultic 31Ivict Page 1 of 2 ELECTRIC TARIFF RULES, REGULATIONS AND CONDITIONS OF SERVICE 17. METERING (a) Use of meter. All electricity consumed or demanded by an electric Customer shall be charged for by meter measurements, except where otherwise provided for by the applicable rate schedule or contract. (b) Installation. Unless otherwise authorized by the Commission, the Company shall provide and install and shall continue to own and maintain all meters necessary for the measurement of electric energy to its Customers. (c) Standard type. All meters shall be of a standard type which meets industry standards. Special meters used for investigation or experimental purposes are not required to conform to these standards. (d) Location of meters. (1) Meters and service switches in conjunction with the meter shall be installed in accordance with the latest revision of American National Standards Institute (ANSI), Incorporated, Standard C12 (American National Code for Electricity Metering), or other standards as may be prescribed by die Commission, and will be readily accessible for reading, testing, and inspection, where such activities will cause minimum interference and inconvenience to the Customer. (2) Customer shall provide, without cost to the Company, at a suitable and easily accessible location: (A) sufficient and proper space for installation of meters and other apparatus of the Company; (13) meter board; PRESIDENT AND CEO SOUTHWESTERN PUBLIC SERVICE COMPANY PUBLIC UTILITY COMMISSION OF TEXAS Xcel energy" lOUTMwEMIN /USLIC SERVICE ELECTRIC TARIFF Section No. V Sheet No. V-1 S Revision No. 2 Page 2 of 2 RULES, REGULATIONS AND CONDITIONS OF SERVICE 17. METERING (C) meter loop; (D) safety service switches when required; and (E) an adequate anchor for service drops. (3) All meters installed after the effective date of these rules shall be located as set forth in this section, provided that, where installations are made to replace meters removed from service, this section shall not operate to require any change in meter locations which were established prior to the effective date of these rules, unless the Company finds that the old location is no longer suitable or proper, or the Customer desires that the location be changed. (4) Where the meter location on the Customer's premises is changed at the request of the Customer, or due to alterations on the Customer's premises, the Customer shall provide and have installed at his expense, all wiring and equipment necessary for relocating the meter. (d) Accuracy requirements. (1) No meter that violates the test calibration limits as set by the American National Standards Institute, Incorporated, shall be placed in service or left in service. Whenever on installation, periodic, or other tests, a meter is found to violate these limits, it shall be adjusted. (2) Meters shall be adjusted as closely as practicable to the condition of zero error. PRESIDENT AND CEO, SOUTHWESTERN PUBLIC SERVICE COMPANY PUBLIC UTILITY COMMISSION OF TEXAS 112 Section No. V Xceffinergr Sheet No. V-19 Revision No. 3 rournwEsrriN futile srtvret Page 1 of 8 ELECTRIC TARIFF RULES, REGULATIONS AND CONDITIONS OF SERVICE 18. BILLING (a) Frequency of bills. The Company shall issue bills monthly, unless otherwise authorized by the Commission, or unless service is provided for a period less than one month. Bills shall be issued as promptly as possible after reading meters. (b) Billing information. The Company shall provide free to the Customer a breakdown of charges at the time the service is initially installed or modified and upon request by the Customer as well as the applicable rate schedule. (c) Bill content. Each Customer's bill shall include all the following information: (1) if the meter is read by the Company, the date and reading of the meter at the beginning and at the end of the billing period; (2) the due date of the bill, as specified in §25.28 of the Commission's Substantive Rules (relating to Bill Payment and Adjustments); (3) the number and kind of units metered; (4) the applicable rate schedule and title or code should be provided upon request by the Customer; (5) the total amount due after addition of any penalty for nonpayment within a designated period. The terms "gross bill" and "net bill" or other similar terms implying the granting of a discount for prompt payment shall be used only when an actual discount for prompt payment is granted. The terms shall not be used when a penalty is added for nonpayment within a designated period; (6) the word "Estimated" prominently displayed to identify an estimated bill; (7) any conversions from meter reading units to billing units, or any other calculations to determine billing units from recording or other devices, or any other factors used in determining the bill; and PRESIDENT AND CEO, SOUTHWESTERN PUBLIC SERVICE COMPANY PUBLIC UTILITY COMMISSION OF TEXAS tj Xceffnergr SOUThWISHIN pultIC $11VICI ELECTRIC TARIFF Section No. V Sheet No. V-19 Revision No. 2 Page 2 of 8 RULES, REGULATIONS AND CONDITIONS OF SERVICE 18. BILLING (8) any amount owed under a written guarantee contract provided the guarantor was previously notified in writing by the Company as required by §25.24 of the Commission's Substantive Rules (relating to Credit Requirements and Deposits). (d) Estimated bills. (1) The Company may submit estimated bills for good cause provided that an actual meter reading is taken no less than every third month. In months where the meter reader is unable to gain access to the premises to read the meter on regular meter reading trips, or in months when meters are not read, the Company must provide the Customer with a postcard and request the Customer to read the meter and return the card to the Company. If the postcard is not received by the Company in time for billing, the Company may estimate the meter reading and issue a bill. (2) If the Company has a program in which Customers read their own meters and report their usage monthly and no meter reading is submitted by a Customer the Company may estimate the Customer's usage and issue a bill. However, the Company must read the meter if the Customer does not submit readings for three consecutive months so that a corrected bill may be issued. Bill Payment and Adjustments (a) Bill due date. The bill provided to the Customer shall include the payment due date which shall not be less than 16 days after issuance. The issuance date is the postmark date on the envelope or the issuance date on the bill if there is no postmark on the envelope. A payment for electric utility service is delinquent if not received by the Company or at the Company's authorized payment agency by the close of business on the due date. If the sixteenth day falls on a holiday or weekend, then the due date shall be the next work day after the sixteenth day. PUBLIC UTILITY COMMISSION OF TEXAS PRESIDENT AND CEO, SOUTHWESTERN PUBLIC SERVICE COMPANY I /T Section No. V i C Sheet No. V-19 ( Xcel Gnus- Revision No. 3 ~,1 $001HWESUIN PUtUC SERVICE Page 3 of 8 ELECTRIC TARIFF RULES, REGULATIONS AND CONDITIONS OF SERVICE 18. BILLING (b) Penalty on delinquent bills for retail service. A one-time penalty not to exceed 5.0% may be charged on a delinquent commercial or industrial bill. The 5.0% penalty on delinquent bills may not be applied to any balance to which the penalty has already been applied. Any service the Company provides to the state of Texas shall not be assessed a fee, penalty, interest, or other charge to the state for delinquent payment of a bill. (c) Overbilling. If charges are found to be higher than authorized in the Company's tariffs, then the Customer's bill shall be corrected. (1) The correction shall be made for the entire period of the overbilling. (2) If the Company corrects the overbilling within three billing cycles of the error, it need not pay interest on the amount of the correction. (2) If the Company does not correct the overcharge within three billing cycles of the error, it shall pay interest on the amount of the overcharge at the rate set by the Commission each year. (A) The interest rate shall be based on an average of prime commercial paper rates for the previous 12 months. (B) Interest on overcharges that are not adjusted by the Company within three billing cycles of the bill in error shall accrue from the date of payment or from the date of the bill in error. (C) All interest shall be compounded monthly based on the annual rate. (D) Interest shall not apply to leveling plans or estimated billings. -01 PRESIDENT AND CEO, SOUTHWESTERN PUBLIC SERVICE COMPANY PUBLIC UTILITY COMMISSION OF TEXAS Section No. V Xce«nergr Sheet No. V-19 yl Revision No. 3 sout"Wittlak vu►uc stsvict Page 4of8 ELECTRIC TARIFF RULES, REGULATIONS AND CONDITIONS OF SERVICE 18. BILLING (d) UnderbWing. If charges are found to be lower than authorized by the Company's tariffs, or if the Company failed to bill the Customer for service, then the Customer's bill may be corrected. (1) The Company may backbill the Customer for the amount that was underbilled. The backbilling shall not collect charges that extend more than six months from the date the error was discovered unless the underbilling is a result of theft of service by the Customer. (2) The Company may disconnect service if the Customer fails to pay underbilled charges. (3) If the underbilling is $50 or more, the Company shall offer the Customer a deferred payment plan option for the same length of time as that of the underbilling. A deferred payment plan need not be offered to a Customer whose underpayment is due to theft of service. (4) The Company shall not charge interest on underbilled amounts unless such amounts are found to be the result of theft of service (meter tampering, bypass, or diversion) by the Customer, as defined in §25.126 of the Commission's Substantive Rules. Interest on underbilled amounts shall be compounded monthly at the annual rate and shall accrue from the day the Customer is found to have first stolen (tampered, bypassed or diverted) the service. PRESIDENT AND CEO, SOUTHWESTERN PUBLIC SERVICE COMPANY PUBLIC UTILITY COMMISSION OF TEXAS 174 Xcelfnergr SOUTNWFS11IN POlttt SEIvict ELECTRIC TARIFF Section No. V Sheet No. V-19 Revision No. 2 Page 5of8 RULES, REGULATIONS AND CONDITIONS OF SERVICE 18. BILLING (e) Disputed bills. (1) If there is a dispute between a Customer and the Company about a bill for service, the Company shall investigate and report the results to the Customer. If the dispute is not resolved, the Company shall inform the Customer of the complaint procedures of the Commission pursuant to §25.30 of the Commission's Substantive Rules (relating to Complaints). (2) A Customer's service shall not be disconnected for nonpayment of the disputed portion of the bill until the dispute is completely resolved by the Company. (3) If the Customer files a complaint with the Commission, a Customer's service shall not be disconnected for nonpayment of the disputed portion of the bill before the Commission completes its informal complaint resolution process and informs the Customer of its determination. (4) The Customer is obligated to pay any billings not disputed. (f) Payment arrangements. A payment arrangement is any agreement between the Company and a Customer that allows a Customer to pay the outstanding bill after its due date but before the due date of the next bill. If the Company issued a disconnection notice before the payment arrangement was made, that disconnection should be suspended until after the due date for the payment arrangement. If a Customer does not fulfill the terms of the payment arrangements, the Company may disconnect service after the later of the due date for the payment arrangement or the disconnection date indicated in the disconnection notice, pursuant to §25.29 of the Commission's Substantive Rules without issuing an additional disconnection notice. PRESIDENT AND CEO, SOUTHWESTERN PUBLIC SERVICE COMPANY PUBLIC UTILITY COMMISSION OF TEXAS Section No. V Xcelfnergyp Sheet No. V-19 r 1 Revision No. 3 SOUIHWFSTF11 ►Ulilt StIVICS Page 6 of 8 ELECTRIC TARIFF RULES, REGULATIONS AND CONDITIONS OF SERVICE 18. BILLING (g) Deferred payment plans. A deferred payment plan is any written arrangement between the Company and a Customer that allows a Customer to pay an outstanding bill in installments that extend beyond the due date of the next bill. A deferred payment plan may be established in person or by telephone, and all deferred payment plans shall be put in writing. (1) The Company shall offer a deferred payment plan to any residential Customer, including a guarantor of any residential Customer, who has expressed an inability to pay all of the bill, if that Customer has not been issued more than two disconnection notices during the preceding 12 months. (2) Every deferred payment plan shall provide that the delinquent amount may be paid in equal installments lasting at least three billing cycles. (3) When a Customer has received service from the Company for less than three months, the Company is not required to offer a deferred payment plan if the Customer lacks: (A) sufficient credit; or (B) a satisfactory history of payment for service from a previous utility. PUBLIC UTILITY COMMISSION OF TEXAS PRESIDENT AND CEO, SOUTHWESTERN PUBLIC SERVICE COMPANY l79 Section No. V kelEner v, Sheet No. V-19 Revision No. 3 IQUyNWEltIIN Itlltlt $11vieE Page 7 of 8 ELECTRIC TARIFF RULES, REGULATIONS AND CONDITIONS OF SERVICE 18. BILLING (4) Every deferred payment plan offered by the Company: (A) shall state, immediately preceding the space provided for the Customer's signature and in boldface type -no smaller than 14 point size, the following: "If you are not satisfied with this contract, or if agreement was made by telephone and you feel this contract does not reflect your understanding of that agreement, contact the Company immediately and do not sign this contract. If you do not contact the Company, or if you sign this agreement, you may give up your right to dispute the amount due under the agreement except for the Company's failure or refusal to comply with the terms of this agreement." In addition, where the Customer and the Company's representative or agent meet in person, the Company's representative shall read the preceding statement to the Customer. The Company shall provide information to the Customer in English and Spanish as necessary to make the preceding boldface language'understandable to the Customer; (B) may include a 5.0% penalty for late payment but shall not include a finance charge; (C) shall state the length of time covered by the plan; (D) shall state the total amount to be paid under the plan; (E) shall state the specific amount of each installment; (F) shall allow the Company to disconnect service if the Customer does not fulfill the terms of the deferred payment plan, and shall state the terms for disconnection; (G) shall not refuse a Customer participation in such a program on the basis of race, color, sex, nationality, religion, or marital status; (H) shall be signed by the Customer and a copy of the signed plan must be provided to the Customer. If the agreement is made over the telephone, then the Company shall send a copy of the plan to the Customer for signature; and (I) shall allow either the Customer or the Company to initiate a renegotiation of the deferred payment plan if the Customer's economic or financial circumstances change substantially during the time of the deferred payment plan. PRESIDENT AND CEO, SOUTHWESTERN PUBLIC SERVICE COMPANY PUBLIC UTILITY COMMISSION OF TEXAS Section No. V * Xce[Energr Sheet No. V-19 Revision No. 3 EOUrHWlfiElN IU111 lft SlIV(CE Page 8 of 8 ELECTRIC TARIFF RULES, REGULATIONS AND CONDITIONS OF SERVICE 18. BILLING (5) The Company may disconnect a Customer who does not meet the terms of a deferred payment plan. However, the Company may not disconnect service until a disconnection notice has been issued to the Customer indicating that the Customer has not met the terms of the plan. The notice and disconnection shall conform with the disconnection rules in §25.29 of the Commission's Substantive Rules. The Company may renegotiate the deferred payment plan agreement prior to disconnection. If the Customer did not sign the deferred payment plan, and is not otherwise fulfilling the terms of the plan, and the Customer was previously provided a disconnection notice for the outstanding amount, no additional disconnection notice shall be required. PUBLIC UTILITY COMMISSION OF TEXAS PRESIDENT AND CEO, SOUTHWESTERN PUBLIC SERVICE COMPANY /6V 19. XcelEnerr 100towlittim /URIC 111vict ELECTRIC TARIFF Section No. V Sheet No. V-20 Revision No. 3 Page 1 of 2 RULES, REGULATIONS AND CONDITIONS OF SERVICE APPLICATION OF RATE SCHEDULES Rates and Optional Rates: The rates to be charged by and paid to the Company for electric service will be the rates in effect and filed with legally constituted regulatory bodies. A complete schedule of all rates legally in effect will be kept at all times at the Company's Amarillo and Austin offices where they will be available for public inspection upon request. All changes duly made in the Company's rates or terms and conditions of service under which the Customer is served shall apply to the Customer on and after the date such changes become effective, existing contracts or Service Agreements notwithstanding. The Customer shall not be eligible to receive service under any particular rate unless and until any necessary wiring provisions that are required to conform to metering requirements of the rate have been made, except that Company may, under unusual circumstances waive this requirement. All necessary wiring changes shall be at the expense of the Customer. Franchise Fees: All current and future franchise fees not included in base rates shall be separately assessed in the municipality where the excess franchise fee is authorized. Bills computed under the above rate will be increased by the additional franchise fees imposed by the appropriate municipality or taxing authority in which jurisdiction the customer's consuming facility resides, when applicable. The franchise fee will appear on the bill as a separate item. PRESIDENT AND CEO, SOUTHWESTERN PUBLIC SERVICE PUBLIC UTILITY COMMISSION OF TEXAS Mf ' Xce Enengr 8001HWESrEIN ruiuc srtrICI ELECTRIC TARIFF Section No. V Sheet No. V-20 Revision No. 3 Page 2 of 2 RULES, REGULATIONS AND CONDITIONS OF SERVICE Residential and Commercial Service: Homes in which space is occasionally used for the conduct of business by a person residing therein may be served under the standard residential rate. When a portion of the dwelling is regularly used for business purposes, the electric energy used in that portion shall be separately metered and billed on an applicable commercial rate, otherwise, the entire premises will be classified as either residential or commercial, depending on the Customer's major use of service. Service rendered through one meter to recognized rooming houses will be considered commercial service, except where four rooms or less are rented to the public, then the residential rate will apply. PRESIDENT AND CEO, PUBLIC UTILITY COMMISSION OF TEXAS SOUTHWESTERN PUBLIC SERVICE COMPANY /QZ Section No. V Xceffin&W Sheet No. V-21 ,s Revision No. 6 30ut"WrITINN tultt6 dEtYltE Page 1 of 6 ELECTRIC TARIFF RULES, REGULATIONS AND CONDITIONS OF SERVICE 20. DEPOSITS (a) Credit requirements for permanent residential applicants. (1) The Company may require a residential applicant for service to establish and maintain satisfactory credit as a condition of providing service. (A) Establishment of.credit shall not relieve any Customer from complying with the Company's requirements for prompt payment of bills. (B) The credit worthiness of spouses established during shared service in the 12 months prior to their divorce will be equally applied to both spouses for 12 months immediately after their divorce. (2) A residential applicant can demonstrate satisfactory credit using any one of the criteria listed in subparagraphs (A) through (C) of this paragraph. (A)The residential applicant: (i) has been a Customer of any electric utility for the same kind of service within the last two years; (ii) is not delinquent in payment of any such electric utility service account; (iii) during the last 12 consecutive months of service was not late in paying a bill more than once; (iv) did not have service disconnected for nonpayment; and (v) is encouraged to obtain a letter of credit history from the applicant's previous electric utility. (B) The residential applicant demonstrates a satisfactory credit rating by appropriate means, including, but not limited to, the production of: (i) generally acceptable credit cards; (ii) letters of credit reference; (iii) the names of credit references which may be quickly and inexpensively contacted by the Company; or (iv) ownership of substantial equity that is easily liquidated. PUBLIC UTILITY COMMISSION OF TEXAS PRESIDENT AND CEO, SOUTHWESTERN PUBLIC SERVICE COMPANY /S 3 Section No. V Xce Energy, Sheet No. V-21 / Revision No. 6 $00THWESIEIN /U/llt SEIVICE Page 2 of 6 ELECTRIC TARIFF RULES, REGULATIONS AND CONDITIONS OF SERVICE 20. DEPOSITS (C)The residential applicant is 65 years _of age or older and does not have an outstanding account balance incurred within the last two years with the Company or another electric utility for the same type of utility service. (3) If satisfactory credit cannot be demonstrated by the residential applicant using these criteria, the applicant may be required to pay a deposit pursuant to subsection (c) of this section. (b) Credit requirements for non-residential applicants. For non-residential service, if an applicant's credit has not been demonstrated satisfactorily to the Company, the applicant may be required to pay a deposit. (c) Initial deposits. (1) A residential applicant or Customer who is required to pay an initial deposit may provide the Company with a written letter of guarantee pursuant to subsection (j) of this section, instead of paying a cash deposit. (2) An initial deposit may not be required from an existing Customer unless the Customer was late paying a bill more than once during the last 12 months of service or had service disconnected for nonpayment. The Customer may be required to pay this initial deposit within ten days after issuance of a written termination notice that requests such deposit. Instead of an initial deposit, the Customer may pay the total amount due on the current bill by the due date of the bill, provided the Customer has not exercised this option in the previous 12 months. 0 PUBLIC UTILITY COMMISSION OF TEXAS PRESIDENT AND CEO, SOUTHWESTERN PUBLIC SERVICE COMPANY /OT Section No. V Xcel Enww Sheet No. V-21 ,/ RevisionNo. 6 SOUtHWlfttlN ►ullit lttYitt Page 3 of 6 ELECTRIC TARIFF RULES, REGULATIONS AND CONDITIONS OF SERVICE 20. DEPOSITS (d) Additional deposits. (1) An additional deposit may be required if. (A)the average of the Customer's actual billings for the last 12 months are at least twice the amount of the original estimated annual billings; and (B) a disconnection notice has been issued for the account within the previous 12 months. The Company may require that an additional deposit be paid within ten days after the Company has issued a written disconnection notice and requested the additional deposit. (2) Instead of an additional deposit, the Customer may pay the total amount due on the current bill by the due date of the bill, provided the Customer has not exercised this option in the previous 12 months. (3) The Company may disconnect service if the additional deposit is not paid within ten days of the request, provided a written disconnection notice has been issued to the Customer. A disconnection notice may be issued concurrently with either the written request for the additional deposit or current usage payment. (e) Deposits for temporary or seasonal service and for weekend residences. The Company may require a deposit sufficient to reasonably protect it against the assumed risk for temporary or seasonal service or weekend residences, as long as the policy is applied in a uniform and nondiscriminatory manner. These deposits shall be returned according to guidelines set out in subsection (k) of this section. (f) Amount of deposit. The total of all deposits shall not exceed an amount equivalent to one -sixth of the estimated annual billing. PUBLIC UTILITY COMMISSION OF TEXAS PRESIDENT AND CEO, SOUTHWESTERN PUBLIC SERVICE COMPANY I85 Section No. V Xceffinp pr Sheet No. V-21 / ``� �1 Revision No. 6 sourewrtrilm rustic 3E1rtct Page 4of6 ELECTRIC TARIFF RULES, REGULATIONS AND CONDITIONS OF SERVICE 20. DEPOSITS (g) Interest on deposits. The Company shall pay interest on deposits at an annual rate at least equal to that set by the Commission on December 1 of the preceding year, pursuant to Texas Utilities Code §183.003 (Vernon 1998) (relating to Rate of Interest). If a deposit is refunded within 30 days of the date of deposit, no interest payment is required. If the Company keeps the deposit more than 30 days, payment of interest shall be made retroactive to the date of deposit. (1) Payment of the interest to the Customer shall be made annually, if requested by the Customer, or at the time the deposit is returned or credited to the Customer's account. (2) The deposit shall cease to draw interest on the date it is returned or credited to the Customer's account. (h) Notification to Customers. When a deposit is required, the Company shall provide the applicant or Customer written information about deposits by providing the "Your Rights as a Customer" brochure, which contains the relevant information. (i) Records of deposits. (1) The Company shall keep records to show: (A) the name and address of each depositor; (B) the amount and date of the deposit; and (C) each transaction concerning the deposit. (2) The Company shall issue a receipt of deposit to each applicant paying a deposit and shall provide means for a depositor to establish a claim if the receipt is lost. (3) A record of each unclaimed deposit must be maintained for at least four years. (4) The Company shall make a reasonable effort to return unclaimed deposits. PRESIDENT AND CEO, SOUTHWESTERN PUBLIC SERVICE COMPANY PUBLIC UTILITY COMMISSION OF TEXAS 96 u) Section No. V XcelEnergr Sheet No. V-21 ,r Revision No. 6 soutNWEftfIN 10111C SERVICE Page 5 of 6 ELECTRIC TARIFF RULES, REGULATIONS AND CONDITIONS OF SERVICE 20. DEPOSITS Guarantees of residential Customer accounts. (1) A guarantee agreement between the Company and a guarantor must be in writing and shall be for no more than the amount of deposit the Company would require on the applicant's account pursuant to subsection (f) of this section. The amount of the guarantee shall be clearly indicated in the signed agreement. (2) The guarantee shall be voided and returned to the guarantor according to the provisions of subsection (k) of this section. (3) Upon default by a residential Customer, the guarantor of that Customer's account shall be responsible for the unpaid balance of the account only up to the amount agreed to in the written agreement. (4) The Company shall provide written notification to the guarantor of the Customer's default, the amount owed by the guarantor, and the due date for the amount owed. (A)The Company shall allow the guarantor 16 days from the date of notification to pay the amount owed on the defaulted account. If the sixteenth day falls on a holiday or weekend, the due date shall be the next workday. (B)The Company may transfer the amount owed on the defaulted account to the guarantor's own service bill provided the guaranteed amount owed is identified separately on the bill as required by §25.25(c)(10) of the Commission's Substantive Rules (relating to the Issuance and Format of Bills). (5) The Company may disconnect service to the guarantor for nonpayment of the guaranteed amount only if the disconnection was included in the terms of the written agreement, and only after proper notice as described by paragraph (4) of this subsection, and §25.29(b)(5) of the Commission's Substantive Rules (relating to Disconnection of Service). PRESIDENT AND CEO, SOUTHWESTERN PUBLIC SERVICE COMPANY PUBLIC UTILITY COMMISSION OF TEXAS Section No. V @) X effinerV Sheet No. V-21 yl Revision No. 6 SOUTOW1111IN Publlt SEIYICE Page 6 of 6 ELECTRIC TARIFF RULES, REGULATIONS AND CONDITIONS OF SERVICE 20. DEPOSITS (k) Refunding deposits and voiding letters of guarantee. (1) If service is not connected, or is disconnected, the Company shall promptly void and return to the guarantor all letters of guarantee on the account or provide written documentation that the contract has been voided, or refund the Customer's deposit plus accrued interest on the balance, if any, in excess of the unpaid bills for service furnished. A transfer of service from one premise to another within the Texas service area of the Company is not a disconnection, and no additional deposit may be required. (2) When the Customer has paid bills for service for 12 consecutive residential billings or for 24 consecutive non-residential billings without having service disconnected for nonpayment of a bill and without having more than two occasions in which a bill was delinquent, and when the Customer is not delinquent in the payment of the current bills, the Company shall promptly refund the deposit plus accrued interest to the Customer, or void and return the guarantee or provide written documentation that the contract has been voided. If the Customer does not ineet these refund criteria, the deposit and interest or the letter of guarantee may be retained. (1) Re-establishment of credit. Every applicant who previously has been a Customer of the Company and whose service has been disconnected for nonpayment of bills or theft of service (meter tampering or bypassing of meter) shall be required, before service is reconnected, to pay all amounts due the Company or execute a deferred payment agreement, if offered, and reestablish credit. The Company must prove the amount of utility service received but not paid for and the reasonableness of any charges for the unpaid service, and any other charges required to be paid as a condition of service restoration. cl— 4:52�- /_ Q_ PRESIDENT AND CEO, SOUTHWESTERN PUBLIC SERVICE COMPANY PUBLIC UTILITY COMMISSION OF TEXAS 00 Section No. V Xcel En r Sheet No. V-22 "� yl Revision No. 2 S00tHwist11N 1UI114 114V161 Page 1 of 1 ELECTRIC TARIFF RULES, REGULATIONS AND CONDITIONS OF SERVICE 21. APPLICATION OF RULES AND REGULATIONS -CONFLICTS: Application of Rules and Regulations: All Service Agreements at present in effect or that may be effective in the future are made expressly subject to these Rules and Regulations and any modifications hereof that may be lawfully made. Conflicts: In case of conflict between any provision of a Rate Schedule, a Service Agreement, these Rules and Regulations, or the rules and regulations of a legally constituted regulatory body, the provision of the rules and regulations of the regulatory body takes precedence, followed by the provision of the Rate Schedule, the provisions of these Rules and Regulations, and in turn the provision of the Service Agreement. PRESIDENT AND CEO, SOUTHWESTERN PUBLIC SERVICE COMPANY PUBLIC UTILITY COMMISSION OF TEXAS leg Section No. V Xcel Energy Sheet No. V-23 Revision No. I SOUtHWIiIIIN lUllit SUVICI Page I of 1 ELECTRIC TARIFF RULES, REGULATIONS AND CONDITIONS OF SERVICE 22. UNAUTHORIZED COMMUNICATION DEVICES Customer -owned communication devices shall not be connected directly or by inductive coupling to meter, service entrance, secondary or other Company - owned facilities in any manner. Devices connected to Customer's facilities which transmit signals beyond secondary distribution lines of Company are prohibited. Under no circumstances shall Company's distribution lines or transmission lines be used for transmitting signals from Customer -owned devices. If it is found that unauthorized devices are being used, Company may immediately discontinue service to Customer until the use of such unauthorized devices is discontinued. Company shall not be liable for damage or interference caused by Customer owned coirununication devices. PUBLIC UTILITY COMMISSION OF TEXAS PRESIDENT AND CEO, SOUTHWESTERN PUBLIC SERVICE COMPANY Mo Section No. V XceIEnergyIN Sheet No. V-25 j Revision No. 2 SGurowlittim Mtlt SEIYItt Page 1 of 2 ELECTRIC TARIFF RULES, REGULATIONS AND CONDITIONS OF SERVICE 23. LOAD CONTROL EQUIPMENT FOR CUSTOMERS Eligibility: The Customer's load must be of such magnitude or character that electronic recording metering is installed or could be installed under current Company policy. Demand pulse equipment only is authorized to be installed when the Customer demand is greater than 1000 kW unless Customer agrees to pay for all necessary data and time pulse equipment plus installation costs. Regardless of demand, any necessary metering changes will be at Customer's expense. A "Data Sheet for Pulse Demand Control Equipment" (Exhibit A), shall be initiated by the division industrial or commercial sales representative who contacts the Customer. No firm commitment shall be made with the Customer until the data sheet has been reviewed by all departments indicated on the form. Pulse service shall not be offered to Customers metered with self-contained meters. Specifications: Data pulses and time pulses shall be furnished as agreed upon in the Electric Demand Signal Agreement (Exhibit "B"). If the Customer's equipment cannot accept the data pulse rate or the time pulse rate or the time pulse duration provided, the Customer shall be responsible for installing any equipment necessary to change it. Both data pulses and time pulses shall consist of contact closures only. If it becomes necessary for the Company to change the pulse rate of the revenue metering equipment, the Customer shall be responsible for accepting the new pulse rate. The Company shall not provide operating voltage to the Customer's equipment. This will be furnished by the Customer in accordance with Article VI of the Electric Demand Signal Agreement. To protect the Company's equipment, all pulse circuits provided for the Customer's use shall be fused. Maximum fuse size shall be determined by the Company. Slow -blow fuses shall not be used. The Company shall not be responsible for pulse interruptions due to blown fuses. The fuses shall be located so that, by mutual consent, the Customer may have access to them when necessary. PUBLIC UTILITY COMMISSION OF TEXAS PRESIDENT AND CEO, SOUTHWESTERN PUBLIC SERVICE COMPANY /9i '� xce nergy� SOutNW1sf11N Public 811YIc1 ELECTRIC TARIFF Section No. V Sheet No. V-25 Revision No. 2 Page 2 of 2 RULES, REGULATIONS AND CONDITIONS OF SERVICE 23. LOAD CONTROL EQUIPMENT FOR CUSTOMERS Cost: The initial cost to the Customer (Article I of the Electric Demand Signal Agreement) shall be determined by the Company's meter department. This cost shall include material labor, transportation, miscellaneous expenses (meals, lodging, etc.), and all applicable overheads for their installation necessary to provide the required signals. In certain cases, the Customer may be charged for totalizing and/or recording equipment. Compensation shall be made to the Company, in advance or under such credit terms acceptable to the Company, prior to the ordering of metering equipment. The Customer will compensate the Company for operation and maintenance expenses in accordance with Articles IV and V of the Electric Demand Signal Agreement. Expenses involved include, but are not limited to, material, labor, transportation, miscellaneous (meals, lodging, etc.), and all applicable overheads. If the Customer's load or service changes to the extent that the metering installation must be changed, any additional costs necessary to continue the load or time contact closures will result in an additional charge to the Customer. PUBLIC UTILITY COMMISSION OF TEXAS PRESIDENT AND CEO, SOUTHWESTERN PUBLIC SERVICE COMPANY 192 SOUTHWESTERN PUBLIC SERVICE COMPANY DATA SHEET FOR PULSE DEMAND CONTROL EQUIPMENT Division, Date Customer Address Previous Peak Demand KW Pulse Per KW = Time Pulse Supplied: Yes No Maximum Contact Capacity: Customer Equipment Supplied By Date Required Other Information Sales Representative Meter Supervisor Account Number No. Wires VA Date Expected Date Date Signed: Date Manager, Sales —Managed Accounts Signed: Date Supervisor, Gas & Elecfic Metering EXHIBIT A Page 1 of 1 Date No. Wires District /4� �O XcelEnergy- EXHIBIT B Page 1 of 3 Request Date 20 Customer Name ("Customer"), Account N Service Address Mailing Address Customer Contact (Where is work to be performed?) City, State, City, State, Phone Number ( ) ELECTRIC PULSE AGREEMENT The parties ("Parties") to this Electric Pulse Agreement ("Agreement") are Southwestern Public Service Company; a New Mexico corporation authorized to transact business in Texas, Oklahoma, and Kansas. ("SPS") and ("Customer") listed above. Section 1. Agreement. Company will supply contact closures for time and/or energy pulses from Company's meter located on Customer's premises. In order to supply said pulses it shall be necessary for Company to install the necessary isolation relays with associated wiring contacts. Company will provide said contact closures when, as, and if possible, from said isolation relay, as required by Customer at a cost shown in Exhibit A, payable upon execution hereof, subject to the following conditions. a. Customer shall be responsible for the installation and maintenance of all wiring and Equipment on Customer's side of said isolation relay. Customer will run Customer's signal circuit and conduit into Company's junction box; said junction box to be located adjacent to Company's billing meter. Company will make the electrical connection in its junction box. b. Customer agrees that.Cornpany is not obligated to alter or adjust any meter reading based on the equipment which Customer installs to receive the special metering pulses provided for herein. The Company in no way guarantees that Customer's equipment will operate satisfactory nor the pulses the Customer receives will match exactly with the billing data. C. Under no circumstances shall Customer modify, or interrupt the operation of Company's relay and associated wiring. d. The possible failure or malfunction of Company's equipment and subsequent loss of pulse signal to the Customer's equipment shall in no way abrogate the validity of the Company's meters in establishing the energy and demand record for billing purposes or relieve Customer of obligations to pay such billed energy or demand charges. �9¢ EXHIBIT B Page 2 of 3 e. Company reserves the right to interrupt the pulse circuit at any time without notice to Customer to perform routine or special tests or maintenance on Company billing metering f. Equipment, and in so doing assumes no responsibility for affecting the operation of Customer's equipment. Company will make a good faith effort to notify Customer prior to any interruption of the pulse circuit. g. All equipment on the Company's side of the Customer terminals of the isolation relay is and shall remain in the sole property of Company. h. Customer shall provide and maintain equipment capable of receiving any contact closure values and pulse rates that it may become necessary for Company to use in its billing metering system. i. Customer agrees to fully protect, defend, and indemnify Company, hold harmless from and against any and all claims, liability and damage including damage to Customer's equipment and premises, in any way arising, directly or indirectly out of installation and use of said relay equipment. j. This Agreement in no way alters or changes any contract for electric services heretofore signed by Customer and Company nor does it modify or amend the Service Rules or other ordinances under which the Company operates. k. This Agreement shall be binding upon the legal representatives, successor and assigns of the parties hereto, but no assignment by Customer shall be binding on Company unless accepted in writing by Company. 1. The pulse generating equipment installed by Company hereunder shall be designed for monitoring the operation of Customer's equipment. Company does not warrant nor guarantee the efficiency or adequacy of said equipment for Customer purpose. Company will cooperate with Customer to the extent of assuring that no malfunction exists in Company's equipment. Work of this nature will be billed to Customer, unless actual trouble is found within Company's equipment. Section 2. Term. The term ( "Term") of this Agreement shall begin on the earlier of (i) the date on which Customer first receives pulse metering information under this Agreement or (ii) the meter reading date, and shall continue for a period of 18 months. Upon the expiration of the Term, this Agreement shall be automatically extended from year to year (Extended Tenn) unless terminated pursuant to Section 3 ("Termination'). Section 3. Termination. Either Party may terminate this Agreement at the end of the Term or at any time during the Extended Term, by delivering to other Party written notice thirty (30) days prior to the intended date of termination. pal.el EXHIBIT B Page 3 of 3 Section 4. Modification. This Agreement may be modified to comply with all published rules of service of SPS (or rules, regulations, or orders of any regulatory body having jurisdiction) as they may be changed from time to time. Section 5. Rights to Discontinue Service. SPS reserves the right at any time to discontinue service to Customer in accordance with the rules and regulations of SPS as approved by the regulatory body having jurisdiction. Section 6. Additional Terms. Additional terms and conditions applicable to this Agreement are: Section 7. Partial Invalidity. If any term, provision, covenant, or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions shall remain in full force and effect and shall in no way be affected, impaired, or invalidated. Section 8. Entire Agreement. This Agreement contains the entire agreement of the Parties with respect to the matters covered by this Agreement. No other agreement, statement, or promise made by either Party, or to any employee, officer, or agent of either Party, which is not contained in this Agreement, shall be binding or valid. Section 9. Captions. The captions preceding the text of each Section of this Agreement are included only for convenience of reference and shall be disregarded in the construction of this Agreement. SIGNED THIS day of , SOUTHWESTERN PUBLIC SERVICE COMPANY CUSTOMER By: By: Its Its J 96 Section No. V Sheet No. V-27 Revision No. ] �7711 SOU1HWtSiEAN IUilit lEAYlCE Page 1 of I ELECTRIC TARIFF RULES, REGULATIONS AND CONDITIONS OF SERVICE 24. CUSTOMER COMPLAINTS Customers may complain to the Company by letter, or by telephone. When the Company receives a complaint, it will investigate the matter and tell the Customer the results of the investigation within 21 days. If the Customer is not satisfied with the results of the investigation, the Company will provide the Customer information concerning the Commission's complaint process, together with the address and telephone numbers of the Commission's Consumer Affairs Division. PUBLIC UTILITY COMMISSION OF TEXAS PRESIDENT AND CEO, SOUTHWESTERN PUBLIC SERVICE COMPANY /9y XcelEnergr soul"WEItIIN Punic SEIVICE ELECTRIC TARIFF Section No. V Sheet No. V-29 Revision No. I Page 1 of I RULES, REGULATIONS AND CONDITIONS OF SERVICE 25. RETAIL ELECTRIC SWITCHOVERS A request to switch service to a consuming facility to another utility that has the right to serve the facility shall be handled pursuant to Public Utility Commission of Texas Substantive Rule §25.27, a copy of which will be provided upon request. Base Charge: $140 Base Charge Adder: $10 PRESIDENT AND CEO, SOUTHWESTERN PUBLIC SERVICE COMPANY PUBLIC UTILITY COMMISSION OF TEXAS I � 9S Section No. V Xce �nergym Sheet rin No. V-30 SourHWISTIAN rueuc SENVICE Page I of ELECTRIC TARIFF RULES, REGULATIONS AND CONDITIONS OF SERVICE 26. RESIDENTIAL BILLING OF VACANT RENTAL PROPERTY All landlords and property managers responsible for residential rental units shall sign both a residential billing of vacant rental property agreement and select either the Automatic Turn On ("ATO") option or the Lock On Disconnect ("LOD") option. If a landlord/property manager declines to sign both a residential billing of vacant rental property agreement and select the ATO option, their accounts will be defaulted to the LOD option. The landlord/property manager may change their selection by written notice to the Company at any time. The residential billing of vacant rental property agreement may be canceled for only the affected buildings if a landlord/ property manager's account becomes delinquent. AUTOMATIC TURN ON OPTION (ATO) If the landlord/property manager selects the ATO option, the company shall bill the landlord/property manager for electric service in unoccupied rental unit(s) during periods of tenant vacancies. Electric service for vacant rental unit(s) will remain in the landlord/property manager's name until 1) a new tenant becomes the Customer of record 2) the landlord/property manager (as agent for the tenant) applies for service, or 3) the landlord/property manager submits a request to cancel the ATO option in its entirety. If the ATO option is in effect, billings shall be the responsibility of the landlord/property manager if a new tenant occupies the rental unit but fails to apply for service. LOCK ON DISCONNECT OPTION (LOD) If the landlord/property manager selects the LOD option, service in rental unit(s) will be disconnected when the Company is notified that the tenant has vacated the property. Service in rental unit(s) will be reconnected when there is a new service request. Reconnection fees will apply. Landlord will be assessed the after hours connection charges if the meter is reconnected to prep the rental unit after hours prior to the new tenant moving in. Landlord will be responsible for payment of all the Company services until the new tenant assumes service in their name. PUBLIC UTILITY COMMISSION OF TEXAS PRESIDENT AND CEO, SOUTHWESTERN PUBLIC SERVICE COMPANY l �� Section No. V XcelEnergyw Sheet gi No. V-30 $0UTHWISTIRN rU1tIC SINVICF Page 2of2 ELECTRIC TARIFF RULES, REGULATIONS AND CONDITIONS OF SERVICE 29. RESIDENTIAL BILLING OF VACANT RENTAL PROPERTY START/STOP SERVICE NOTIFICATION Tenant has the right to start or stop service in rental unit(s) by notifying the Company. Alternatively, the tenant may start or stop service in rental unit(s) by completing a "residential tenant authorization form for tenant or landlord to start service" and/or a "residential tenant authorization form for tenant or landlord to stop service" which authorizes the landlord/property manager to start or stop rental unit(s) service in tenant's name. Under the terms of this form, the tenant is the user of the service in rental unit(s) and is responsible for payment of all the Company services from the service start date through the service stop date, which are selected and communicated by the tenant to the landlord/property manager. As stated in the residential tenant authorization form for tenant or landlord to start service and residential tenant authorization form for tenant or landlord to stop service, if the tenant fails to notify the Company or the landlord/property manager of the service stop date, they will be responsible for all the Company charges. If the tenant completes either form, the landlord/property manager is to fax the form to the Company within one business day. if discrepancies arise pertaining to when the tenant actually left, either the landlord and/or tenant may be required to submit an affidavit attesting to proof of user of service in rental unit(s). Other acceptable documents such as signed and dated tenant move -out documentation may be requested from the landlord and/or tenant. RENTAL PROPERTY OWNERSHIP CHANGES Changes to either the ATO option or. LOD option due to sale or transfer of ownership of facilities must be communicated to the Company in writing within three business days to avoid possible late payment charges or other billing issues. The user of the energy is the person responsible for the payment of the energy bill. Non -energy usage issues are between the tenant and the landlord/property Manager. PRESIDENT AND CEO, SOUTHWESTERN PUBLIC SERVICE COMPANY PUBLIC UTILITY COMMISSION OF TEXAS El Exhibit C — Depreciation Rates SOAR Docket No. 473-06-2536, PUC Docket No. 32766 Unanimous Stipulation GAWord\2005\056000417H9.doc Page 201 Southwestern Public Service Company Exhibit C Schedule of Stipulated Depreciation Rates Page 1 of 7 Staff Proposed FERC Account and Description Remaining Average Dispersion Net Annual Life Life Curve Salvage % Rate % Source 310 Land and Water Rights Land Rights NM 20.37 N/A N/A 0 1.499 Appendix A to Direct Testimony of Nara V. Srinivasa Land Rights TX 28.55 N/A N/A 0 1.872 Appendix A to Direct Testimony of Nara V. Srinivasa Water Rights TX 28.84 N/A N/A 0 2.528 Appendix A to Direct Testimony of Nara V. Srinivasa 311 Structures and Improvements Celanese Unit 2 9.25 N/A N/A -5 3.353 Appendix A to Direct Testimony of Nara V. Srinivasa Cunningham Unit 1 6.27 N/A N/A -5 0.000 Appendix A to Direct Testimony of Nara V. Srinivasa Cunningham Unit 2 17.79 N/A N/A -5 1.492 Appendix A to Direct Testimony of Nara V. Srinivasa Cunningham Common 18.74 N/A N/A -5 3.553 Appendix A to Direct Testimony of Nara V. Srinivasa Harrington Unit 1 23.16 N/A N/A -5 1 A07 Appendix A to Direct Testimony of Nara V. Srinivasa Harrington Unit 2 24.98 N/A N/A -5 1.658 Appendix A to Direct Testimony of Nara V. Srinivasa Harrington Unit 3 26.53 N/A N/A -5 1.495 Appendix A to Direct Testimony of Nara V. Srinivasa Harrington Common 27.45 N/A N/A -5 2.729 Appendix A to Direct Testimony of Nara V. Srinivasa Jones Unit 1 18.26 N/A N/A -5 2.576 Appendix A to Direct Testimony of Nara V. Srinivasa Jones Unit 2 18.16 N/A N/A -5 2.368 Appendix A to Direct Testimony of Nara V. Srinivasa Jones Common 18.80 N/A N/A -5 4.056 Appendix A to Direct Testimony of Nara V. Srinivasa Maddox 22.39 N/A N/A -5 1.390 Appendix A to Direct Testimony of Nara V. Srinivasa Moore County 5.36 N/A N/A -5 11.850 Appendix A to Direct Testimony of Nara V. Srinivasa Nichols Unit 1 6.30 N/A NIA -5 1.011 Appendix A to Direct Testimony of Nara V. Srinivasa Nichols Unit 2 8.18 N/A N/A -5 1.603 Appendix A to Direct Testimony of Nara V. Srinivasa Nichols Unit 3 21.90 N/A N/A -5 1.828 Appendix A to Direct Testimony of Nara V. Srinivasa Nichols Common 23.22 N/A N/A -5 3.159 Appendix A to Direct Testimony of Nara V. Srinivasa Plant X Unit 1 6.22 N/A N/A -5 0.000 Appendix A to Direct Testimony of Nara V. Srinivasa Plant X Unit 2 6.23 N/A N/A -5 0.000 Appendix A to Direct Testimony of Nara V. Srinivasa Plant X Unit 3 13.28 NIA N/A -5 0.813 Appendix A to Direct Testimony of Nara V. Srinivasa Plant X Unit 4 19.21 N/A N/A -5 1.135 Appendix A to Direct Testimony of Nara V. Srinivasa Plant X Common 17.79 N/A N/A -5 3.605 Appendix A to Direct Testimony of Nara V. Srinivasa Tolk Unit 1 28.42 N/A N/A -5 1.681 Appendix A to Direct Testimony of Nara V. Srinivasa Tolk Unit 2 30.88 N/A N/A -5 1.565 Appendix A to Direct Testimony of Nara V. Srinivasa Tolk Common 32.15 N/A N/A -5 2.976 Appendix A to Direct Testimony of Nara V. Srinivasa 312 Boiler Plant Equipment Cunningham Unit 1 6.30 N/A N/A -5 0.000 Appendix A to Direct Testimony of Nara V. Srinivasa Cunningham Unit 2 17.89 N/A N/A -5 1.162 Appendix A to Direct Testimony of Nara V. Srinivasa N Cunningham Common 18.75 N/A N/A -5 3.098 Appendix A to Direct Testimony of Nara V. Srinivasa 0 N Southwestern Public Service Company Schedule of Stipulated Depreciation Rates Exhibit C Page 2 of 7 Staff Proposed FERC Account and Description Remaining Average Dispersion Net Annual Life Life Curve Salvage % Rate % Source Harrington Unit 1 23.50 N/A N/A -5 1.931 Appendix A to Direct Testimony of Nara V. Srinivasa Harrington Unit 2 23.55 NIA NIA -5 2.041 Appendix A to Direct Testimony of Nara V. Srinivasa Harrington Unit 3 25.19 N/A N/A -5 1.808 Appendix A to Direct Testimony of Nara V. Srinivasa Harrington Common 27.49 NIA N/A -5 3.024 Appendix A to Direct Testimony of Nara V. Srinivasa Jones Unit 1 18.21 N/A N/A -5 2.071 Appendix A to Direct Testimony of Nara V. Srinivasa Jones Unit 2 18.23 N/A N/A -5 1.957 Appendix A to Direct Testimony of Nara V. Srinivasa Jones Common 18.74 N/A N/A -5 3.266 Appendix A to Direct Testimony of Nara V. Srinivasa Maddox 22.49 N/A N/A -5 1 A21 Appendix A to Direct Testimony of Nara V. Srinivasa Moore County 5.41 N/A N/A -5 8.936 Appendix A to Direct Testimony of Nara V. Srinivasa Nichols Unit 1 6.39 N/A N/A -5 5.587 Appendix A to Direct Testimony of Nara V. Srinivasa Nichols Unit 2 8.29 N/A NIA -5 5.939 Appendix A to Direct Testimony of Nara V. Srinivasa Nichols Unit 3 22.45 N/A N/A -5 2.007 Appendix A to Direct Testimony of Nara V. Srinivasa Nichols Common 23.26 NIA N/A -5 3.035 Appendix A to Direct Testimony of Nara V. Srinivasa Plant X Unit 1 6.34 N/A N/A -5 4.840 Appendix A to Direct Testimony of Nara V. Srinivasa Plant X Unit 2 6.37 N/A N/A -5 4.910 Appendix A to Direct Testimony of Nara V. Srinivasa Plant X Unit 3 13.63 N/A N/A -5 3.216 Appendix A to Direct Testimony of Nara V. Srinivasa Plant X Unit 4 19.98 N/A N/A -5 2.941 Appendix A to Direct Testimony of Nara V. Srinivasa Plant X Common 20.56 N/A N/A -5 3.439 Appendix A to Direct Testimony of Nara V. Srinivasa Tolk Unit 1 28.35 N/A N/A -5 1.360 Appendix A to Direct Testimony of Nara V. Srinivasa Tolk Unit 2 31.00 N/A N/A -5 1.627 Appendix A to Direct Testimony of Nara V. Srinivasa Tolk Common 31.31 N/A N/A -5 2.175 Appendix A to Direct Testimony of Nara V. Srinivasa 314 Turbogenerators Celanese Unit 2 9.24 N/A N/A -5 2.683 Appendix A to Direct Testimony of Nara V. Srinivasa Cunningham Unit 1 6.30 N/A N/A -5 0.000 Appendix A to Direct Testimony of Nara V. Srinivasa Cunningham Unit 2 18.08 NIA NIA -5 2.092 Appendix A to Direct Testimony of Nara V. Srinivasa Cunningham Common 18.56 N/A N/A -5 2.276 Appendix A to Direct Testimony of Nara V. Srinivasa Harrington Unit 1 23.50 N/A N/A -5 1.988 Appendix A to Direct Testimony of Nara V. Srinivasa Harrington Unit 2 25.15 N/A N/A -5 1.815 Appendix A to Direct Testimony of Nara V. Srinivasa Harrington Unit 3 26.96 NIA N/A -5 1.961 Appendix A to Direct Testimony of Nara V. Srinivasa Harrington Common 27.41 NlA N/A -5 2.472 Appendix A to Direct Testimony of Nara V. Srinivasa Jones Unit 1 18.09 N/A N/A -5 1.487 Appendix A to Direct Testimony of Nara V. Srinivasa Jones Unit 2 18.24 N/A N/A -5 1.771 Appendix A to Direct Testimony of Nara V. Srinivasa Jones Common 18.74 N/A N/A -5 3.201 Appendix A to Direct Testimony of Nara V. Srinivasa Maddox 22.32 N/A N/A -5 1.534 Appendix A to Direct Testimony of Nara V. Srinivasa Moore County 5.35 NIA N/A -5 10.908 Appendix A to Direct Testimony of Nara V. Srinivasa Southwestern Public Service Company Schedule of Stipulated Depreciation Rates Exhibit C Page 3 of 7 Staff Proposed FERC Account and Description Remaining Average Dispersion Net Annual Life Life Curve Salvage % Rate % Source Nichols Unit 1 5.36 N/A N/A -5 0.000 Appendix A to Direct Testimony of Nara V. Srinivasa Nichols Unit 2 8.20 N/A N/A -5 0.940 Appendix A to Direct Testimony of Nara V. Srinivasa Nichols Unit 3 22.38 N/A N/A -5 2.030 Appendix A to Direct Testimony of Nara V. Srinivasa Nichols Common 23.14 N/A N/A -5 2.662 Appendix A to Direct Testimony of Nara V. Srinivasa Plant X Unit 1 6.30 N/A N/A -5 0.000 Appendix A to Direct Testimony of Nara V. Srinivasa Plant X Unit 2 6.32 N/A N/A -5 0.490 Appendix A to Direct Testimony of Nara V. Srinivasa . Plant X Unit 3 13.51 N/A N/A -5 0.950 Appendix A to Direct Testimony of Nara V. Srinivasa Plant X Unit 4 19.74 NIA N/A -5 1.957 Appendix A to Direct Testimony of Nara V. Srinivasa Plant X Common 20.17 N/A N/A -5 1.922 Appendix A to Direct Testimony of Nara V. Srinivasa Tolk Unit 1 28.42 N/A N/A -5 1.503 Appendix A to Direct Testimony of Nara V. Srinivasa Tolk Unit 2 30.95 N/A N/A -5 1.593 Appendix A to Direct Testimony of Nara V. Srinivasa Tolk Common 32.21 N/A N/A -5 2.868 Appendix A to Direct Testimony of Nara V. Srinivasa 315 Accessory Electric Equipment Celanese Unit 2 9.25 N/A N/A -5 3.223 Appendix A to Direct Testimony of Nara V. Srinivasa Cunningham Unit 1 6.26 N/A N/A -5 0.000 Appendix A to Direct Testimony of Nara V. Srinivasa Cunningham Unit 2 17.72 N/A N/A -5 0.829 Appendix A to Direct Testimony of Nara V. Srinivasa Cunningham Common 18.55 N/A N/A =5 2.316 Appendix A to Direct Testimony of Nara V. Srinivasa Harrington Unit 1 23.36 N/A N/A -5 1.797 Appendix A to Direct Testimony of Nara V. Srinivasa Harrington Unit 2 25.08 N/A N/A -5 1.823 Appendix A to Direct Testimony of Nara V. Srinivasa Harrington Unit 3 26.62 N/A N/A -5 1.528 Appendix A to Direct Testimony of Nara V. Srinivasa Harrington Common 27.59 N/A N/A -5 2.930 Appendix A to Direct Testimony of Nara V. Srinivasa Jones Unit 1 18.17 N/A N/A -5 1.726 Appendix A to Direct Testimony of Nara V. Srinivasa Jones Unit 2 18.12 N/A N/A -5 1.160 Appendix A to Direct Testimony of Nara V. Srinivasa Jones Common 18.77 N/A N/A -5 3.902 Appendix A to Direct Testimony of Nara V. Srinivasa Maddox 22.54 N/A N/A -5 1.518 Appendix A to Direct Testimony of Nara V. Srinivasa Moore County 5.31 N/A N/A -5 8.314 Appendix A to Direct Testimony of Nara V. Srinivasa Nichols Unit 1 6.33 N/A N/A -5 0.000 Appendix A to Direct Testimony of Nara V. Srinivasa Nichols Unit 2 8.18 N/A N/A -5 0.000 Appendix A to Direct Testimony of Nara V. Srinivasa Nichols Unit 3 21.77 N/A N/A -5 1.009 Appendix A to Direct Testimony of Nara V. Srinivasa Nichols Common 22.73 N/A N/A -5 1.848 Appendix A to Direct Testimony of Nara V. Srinivasa Plant X Unit 1 6.23 N/A N/A -5 0.000 Appendix A to Direct Testimony of Nara V. Srinivasa Plant X Unit 2 6.23 N/A N/A -5 0.000 Appendix A to Direct Testimony of Nara V. Srinivasa Plant X Unit 3 13.63 N/A N/A -5 0.577 Appendix A to Direct Testimony of Nara V. Srinivasa Plant X Unit 4 19.72 N/A N/A -5 0.669 Appendix A to Direct Testimony of Nara V. Srinivasa Plant X Common 20.75 N/A N/A -5 4.274 Appendix A to Direct Testimony of Nara V. Srinivasa J Exhibit C Southwestern Public Service Company Page 4 of 7 Schedule of Stipulated Depreciation Rates Staff Proposed FERC Account and Description Remaining Average Dispersion Net Annual Life Life Curve Salvage % Rate % Source Tolk Unit 1 28.34 N/A N/A -5 1.426 Appendix A to Direct Testimony of Nara V. Srinivasa Tolk Unit 2 30.86 N/A N/A -5 1.532 Appendix A to Direct Testimony of Nara V. Srinivasa 316 Miscellaneous Power Plant Equipment Celanese Unit 2 9.28 N/A N/A -5 5.563 Appendix A to Direct Testimony of Nara V. Srinivasa Cunningham Unit 2 18.87 NIA N/A -5 4.284 Appendix A to Direct Testimony of Nara V. Srinivasa Cunningham Common 18.51 N/A N/A -5 2.019 Appendix A to Direct Testimony of Nara V. Srinivasa Harrington Unit 1 23.51 NIA N/A -5 2.560 Appendix A to Direct Testimony of Nara V. Srinivasa Harrington Unit 2 24.87 N/A N/A -5 1.148 Appendix A to Direct Testimony of Nara V. Srinivasa Harrington Unit 3 26.61 N/A N/A -5 1.771 Appendix A to Direct Testimony of Nara V. Srinivasa Harrington Common 27.39 N/A N/A -5 2.543 Appendix A to Direct Testimony of Nara V. Srinivasa Jones Unit 1 17.91 N/A N/A -5 0.957 Appendix A•to Direct Testimony of Nara V. Srinivasa Jones Unit 2 18.11 N/A N/A -5 1.026 Appendix A to Direct Testimony of Nara V. Srinivasa Jones Common 18.67 N/A N/A -5 2.645 Appendix A to Direct Testimony of Nara V. Srinivasa Maddox 23.09 NIA NIA -5 2.569 Appendix A to Direct Testimony of Nara V. Srinivasa Moore County 5.44 N/A N/A -5 13.059 Appendix A to Direct Testimony of Nara V. Srinivasa Nichols Unit 1 6.33 NIA NIA -5 0.000 Appendix A to Direct Testimony of Nara V. Srinivasa Nichols Unit 2 8.14 N/A N/A -5 0.000 Appendix A to Direct Testimony of Nara V. Srinivasa Nichols Unit 3 22.37 NIA NIA -5 1.907 Appendix A to Direct Testimony of Nara V. Srinivasa Nichols Common 23.16 N/A N/A -5 2.847 Appendix A to Direct Testimony of Nara V. Srinivasa Plant X Unit 2 6.43 N/A N/A -5 6.046 Appendix A to Direct Testimony of Nara V. Srinivasa Plant X Unit 3 14.12 N/A N/A -5 4.222 Appendix A to Direct Testimony of Nara V. Srinivasa Plant X Unit 4 20.69 NIA N/A -5 4.008 Appendix A to Direct Testimony of Nara V. Srinivasa Plant X Common 20.08 N/A N/A -5 2.579 Appendix A to Direct Testimony of Nara V. Srinivasa Tolk Unit 1 28.49 N/A N/A -5 1.657 Appendix A to Direct Testimony of Nara V. Srinivasa Tolk Unit 2 30.89 NIA N/A -5 1.448 Appendix A to Direct Testimony of Nara V. Srinivasa Tolk Common 31.21 N/A N/A -5 2.071 Appendix A to Direct Testimony of Nara V. Srinivasa 340 Land and Water Rights Land Rights TX - Riverview 6.00 NIA N/A 0 14.133 Appendix A to Direct Testimony of Nara V. Srinivasa 341 Structures and Improvements Carlsbad 20.00 N/A N/A 0 1.181 Appendix A to Direct Testimony of Nara V. Srinivasa Cunningham 35.00 NIA N/A 0 2.365 Appendix A to Direct Testimony of Nara V. Srinivasa Maddox 15.00 N/A N/A 0 4.460 Appendix A to Direct Testimony of Nara V. Srinivasa Riverview 6.00 N/A N/A 0 12.518 Appendix A to Direct Testimony of Nara V. Srinivasa ',J Southwestern Public Service Company Exhibit C Schedule of Stipulated Depreciation Rates Page 5 of 7 Staff Proposed FERC Account and Description Remaining Average Dispersion Net Annual Life Life Curve Salvage % Rate % Source Tucumcari 4.00 N/A N/A 0 0.000 Appendix A to Direct Testimony of Nara V. Srinivasa 342 Fuel Holders and Accessory Equipment Cunningham 35.00 N/A N/A 0 2.192 Appendix A to Direct Testimony of Nara V. Srinivasa Maddox 15.00 N/A N/A 0 0.951 Appendix A to Direct Testimony of Nara V. Srinivasa Riverview 6.00 N/A N/A 0 12.400 Appendix A to Direct Testimony of Nara V. Srinivasa Tucumcari 4.00 N/A N/A 0 0.000 Appendix A to Direct Testimony of Nara V. Srinivasa 343 Prime Movers Carlsbad 20.00 N/A N/A 0 2.578 Appendix A to Direct Testimony of Nara V. Srinivasa Cunningham 35.00 N/A N/A 0 2.211 Appendix A to Direct Testimony of Nara V. Srinivasa Riverview 6.00 N/A N/A 0 11.920 Appendix A to Direct Testimony of Nara V. Srinivasa Tucumcari 4.00 N/A N/A 0 0.000 Appendix A to Direct Testimony of Nara V. Srinivasa 344 Generators Carlsbad 20.00 N/A N/A 0 0.000 Appendices A & C to Direct Testimony of Nara V. Srinivasa Celanese Unit 1 10.00 N/A N/A 0 0.821 Appendix A to Direct Testimony of Nara V. Srinivasa Cunningham 35.00 N/A N/A 0 2.375 Appendix A to Direct Testimony of Nara V. Srinivasa Maddox 15.00 N/A N/A 0 0.284 Appendix A to Direct Testimony of Nara V. Srinivasa Riverview 6.00 N/A N/A 0 12.387 Appendix A to Direct Testimony of Nara V. Srinivasa Tucumcari 4.00 N/A N/A 0 0.000 Appendix A to Direct Testimony of Nara V. Srinivasa 345 Accessory Electric Equipment Carlsbad 20.00 N/A N/A 0 0.596 Appendix A to Direct Testimony of Nara V. Srinivasa Celanese Unit 1 10.00 N/A N/A 0 0.958 Appendix A to Direct Testimony of Nara V. Srinivasa Cunningham 35.00 N/A N/A 0 2.259 Appendix A to Direct Testimony of Nara V. Srinivasa Maddox 15.00 N/A N/A 0 1.574 Appendix A to Direct Testimony of Nara V. Srinivasa Riverview 6.00 N/A N/A 0 12.404 Appendix A to Direct Testimony of Nara V. Srinivasa Tucumcari 4.00 N/A N/A 0 0.000 Appendices A & C to Direct Testimony of Nara V. Srinivasa 346 Miscellaneous Power Plant Equipment Carlsbad 20.00 N/A N/A 0 1.765 Appendix A to Direct Testimony of Nara V. Srinivasa Cunningham 35.00 N/A N/A 0 2.418 Appendix A to Direct Testimony of Nara V. Srinivasa Maddox 15.00 N/A N/A 0 5.436 Appendix A to Direct Testimony of Nara V. Srinivasa Riverview 6.00 N/A N/A 0 14.078 Appendix A to Direct Testimony of Nara V. Srinivasa Tucumcari 4.00 N/A N/A 0 0.000 Appendices A & C to Direct Testimony of Nara V. Srinivasa J Southwestern Public Service Company Exhibit C Schedule of Stipulated Depreciation Rates Page 6 of 7 Staff Proposed FERC Account and Description Remaining Average Dispersion Net Annual Life Life Curve Salvage % Rate % Source 350-358Transmission 3502 Land Rights 57.12 70 R4 0 1.260 Appendix A&B to Direct Testimony of Nara V. Srinivasa 352 Structures and Improvements 39.71 55 R4 -20 2.210 Appendix A&B to Direct Testimony of Nara V. Srinivasa 353 Station Equipment 38.80 55 R4 5 1.610 Appendix A&B to Direct Testimony of Nara V. Srinivasa 354 Towers and Fixtures 62.38 75 R3 0 1.320 Appendix A&B to Direct Testimony of Nara V. Srinivasa 355 Poles and Fixtures 29.64 40 R5 -20 2.990 Appendix A&B to Direct Testimony of Nara V. Srinivasa 356 Overhead Conductors and Devices 32.27 42 R2.5 -4 2.350 Appendix A&B to Direct Testimony of Nara V. Srinivasa 357 Underground Conduit 40.90 75 R3 0 0.970 Appendix A&B to Direct Testimony of Nara V. Srinivasa 358 Underground Conductor and Devices 18.61 45 R3 0 1.320 Appendix A&B to Direct Testimony of Nara V. Srinivasa 360-373 Distribution 3602 Land Rights 42.91 60 R4 0 1.420 Appendix A&B to Direct Testimony of Nara V. Srinivasa 361 Structures and Improvements 39.59 52 R2 -4 2.050 Appendix A&B to Direct Testimony of Nara V. Srinivasa 362 Station Equipment 37.72 52 R2 -4 1.970 Appendix A&B to Direct Testimony of Nara V. Srinivasa 364 Poles, Towers, and Fixtures 26.95 40 S 1 -20 3.110 Appendix A&B to Direct Testimony of Nara V. Srinivasa 365 Overhead Conductors and Devices 28.17 40 S1 -15 3.010 Appendix A&B to Direct Testimony of Nara V. Srinivasa 366 Underground Conduit 27.34 40 R4 5 2.580 Appendix A&B to Direct Testimony of Nara V. Srinivasa 367 Underground Conductor and Devices 30.79 41 R2.5 0 2.460 Appendix A&B to Direct Testimony of Nara V. Srinivasa 368 Line Transformers 31.10 45 R1.5 0 1.970 Appendix A&B to Direct Testimony of Nara V. Srinivasa 369 Services 30.22 42 R2 -40 3.190 Appendix A&B to Direct Testimony of Nara V. Srinivasa 370 Meters 22.86 38 R5 0 2.670 Appendix A&B to Direct Testimony of Nara V. Srinivasa 371 Installation on Customer Premises 8.85 18 R2 -14 5.050 Appendix A&B to Direct Testimony of Nara V. Srinivasa 373 Street Lighting and Signal Systems 22.79 38 R3 5 2.590 Appendix A&B to Direct Testimony of Nara V. Srinivasa 389-398 General 389 Land and Land Rights 38.55 50 R4 0 1.470 Appendix A&B to Direct Testimony of Nara V. Srinivasa 390 Structures and Improvements 30.93 45 R2 2 1.480 Appendix A&B to Direct Testimony of Nara V. Srinivasa 391 Office Furniture and Equipment 15.86 25 1-1.5 2 3.800 Appendix A&B to Direct Testimony of Nara V. Srinivasa 391 Computer Equipment 1.32 5 R2 N/A 20.000 Appendices A,B & C to Direct Testimony of Nara V. Srinivasa 392 Transportation Equipment 5.64 11 L3 20 9.450 Appendix A&B to Direct Testimony of Nara V. Srinivasa 393 Stores Equipment 27.49 45 R2.5 0 2.090 Appendix A&B to Direct Testimony of Nara V. Srinivasa 394 Tool, Shop, and Garage Equipment 27.62 35 S0.5 0 2.720 Appendix A&B to Direct Testimony of Nara V. Srinivasa 395 Laboratory Equipment 16.33 25 R1 0 4.600 Appendix A&B to Direct Testimony of Nara V. Srinivasa 396 Power Operated Equipment 9.80 18 L2 15 7.350 Appendix A&B to Direct Testimony of Nara V. Srinivasa 397 Communication Equipment 13.12 23 R4 0 5.100 Appendix A&B to Direct Testimony of Nara V. Srinivasa Southwestern Public Service Company Exhibit C Schedule of Stipulated Depreciation Rates Page 7 of 7 Staff Proposed PERC Account and Description Remaining Average Dispersion Net Annual Life Life Curve Salvage % Rate % Source 398 Miscellaneous Equipment 20.00 24 L0.5 0 4.140 Appendix A&B to Direct Testimony of Nara V. Srinivasa 303 Intangible Software - 3 Year N/A 3 N/A N/A 33.333 Appendix C to Direct Testimony of Nara V. Srinivasa Software - 5 Year N/A 5 N/A N/A 20.000 Appendix C to Direct Testimony of Nara V. Srinivasa Software - 10 Year N/A 10 N/A N/A 10.000 Appendix C to Direct Testimony of Nara V. Srinivasa Exhibit D — Service Quality Commitments SOAR Docket No. 473-06-2536; PUC Docket No. 32766 Unanimous Stipulation G:\Word\2005\0560004\7H9.doc Page 209 Exhibit D PUCT Docket No. 32766 Quality of Service Commitments Field Service Performance Request for Service - SPS shall initiate service to each Qualified Applicant for service within its certificated area in accordance with the Commission's regulations (SUBST. R. 25.22) and the SPS's Rule Tariff No. 4. To be considered a "Qualified Applicant," the customer must satisfy SPS's credit requirements, have met and satisfied all local, state, or company required standards and inspections for the service, and be ready to take service. Applications for service not requiring a line extension should be completed within seven working days. Residential service requiring a line extension should be completed in 90 days after the customer is considered a Qualified Applicant i.e., the customer must satisfy SPS's credit requirements, have met and satisfied all local, state, or company required standards and inspections for the service, and be ready to take service). If completion is delayed beyond 90 days after the customer is considered a Qualified Applicant, a report shall be made to the Cominission listing the name, location, and cause for the delay. SPS will also conduct regional Builder / Developer conferences to improve relationships, communicate processes and solicit suggestions for improvements. Street Light Outage Repair — SPS shall institute the Street Light Outage Repair requirements contained on the Municipal and State Street Lighting Service rate schedule, Sheet No. IV-91. Expanded Field Personnel, Engineering, and Community Service Staffing — SPS shall increase its Utilities Group personnel in the SPS Texas and New Mexico service area by 20 employees by the end of 2007 and 45 additional employees (65 total) by the end of 2008, including: (a) apprentice or journeyman linemen and metermen; (b) designers, engineers, account managers and area engineers; (c) substation electricians and relay technicians; and (d) local supervisors and Community Service Representatives. Increased Utilities Group Spending — SPS shall increase its capital and operations & maintenance spending in the SPS Texas and New Mexico service area by $5 million in 2007 and by $5 million in 2008, relative to current budgets for these two years. Annual Customer Service Reporting In addition to the Service Quality Report submitted to the Commission each year pursuant to SUBST. R. 25.82, SPS shall report annually to the Commission, SPS's customer service statistics for the prior year. SPS shall report by February 14 of each year on the prior calendar year: (a) number of customer complaints received for Texas retail operations; (b) call center performance; (c) Texas retail field personnel request for service performance; (d) billing error rates; (e) meter reading performance; and (f) SPS employment levels for field personnel. a/o Exhibit E — Fuel Factor Formulae SOAADocket No. 473-06-2536, PUCDocket No. 32766 Unanimous Stipulation GAWord\2005\0560004\7H9.doc Page 211 Semi -Annual Adiustment Formula May through October Fuel Cost Factor expressed in $ per MWh = 27.121 + (3.750 (G — 5.265)) Where: 27.121 = Average Texas Retail fuel cost factor in dollars per MWh covering May through October, calculated using the formula approved in Docket No. 27751; 3.750 = Based on PROSYM analysis, SPS estimates that for every one dollar ($1.00) per MMBtu change in the price of natural gas would result in a change in reconcilable fuel expense equal to $3.750 per MWh: G = The average of the NYMEX forward pricing curve for the last 20 trading days of the prompt month prior to the month in which the fuel factor adjustment will be filed in the future. The NYMEX forward pricing curve will cover the six-month period beginning with the month the semi-annual adjustment is to take effect; 5.265 = This factor was calculated based on the average of the NYMEX forward pricing curve for the last 20 prompt month trading days of March 2003. The NYMEX forward pricing curve covered a six-month period beginning in May and ending in October. This time period was used in the development of the $27.121 per MWh fiiel cost factor. ONCE THE VOLTAGE LEVEL $/KWH FUEL FACTORS HAVE BEEN CALCULATED THEY WILL BE ADJUSTED BY SUBTRACTING THE APPROPRIATE VOLTAGE LEVEL BRIF DEFINED BELOW. BRIF = Base Rate Items Factor. Factor to adjust for fuel items moved to base (i.e. certain TUCO coal costs and PNM Inter. Demand fees) as a result of Docket No. 32766. BRIF Voltage Level TUCOIPNM Intrp Demand Fee Adj. Seconds Fuel Factor No. 3 $ 0.001207 Prima Fuel Factor No. 5 $ 0.001190 Sub -Transmission Fuel Factor No. 7 $ 0.001139 Backbone Transmission Fuel Factor No. 9 $ 0.001133 A IA Semi -Annual Adiustment Formula November through April Fuel Cost Factor expressed in $ per MWh = 23.097 + (2.880 (G — 5.375)) Where: 23.097 = Average Texas Retail fuel cost factor in dollars per MWh covering November through April, calculated using the formula approved in Docket No. 27751; 2.880 = Based on PROSYM analysis, SPS estimates that for every one dollar ($1.00) per MMBtu change in the price of natural gas would result in a change in reconcilable fuel expense equal to $2.880 per MWh: G = The average of the NYMEX forward pricing curve for the last 20 trading days of the prompt month prior to the month in which the fuel factor adjustment will be filed in the future. The NYMEX forward pricing curve will cover the six-month period beginning with the month the semi-annual adjustment is to take effect; 5.375 = This factor was calculated based on the average of the NYMEX forward pricing curve for the last 20 prompt month trading days of March 2003. The NYMEX forward pricing curve covered a six-month period beginning in November and ending in April. This time period was used in the development of the $23,097 per MWh fuel cost factor. ONCE THE VOLTAGE LEVEL $/KWH FUEL FACTORS HAVE BEEN CALCULATED THEY WILL BE ADJUSTED BY SUBTRACTING THE APPROPRIATE VOLTAGE LEVEL BRIF DEFINED BELOW. BRIF = Base Rate Items Factor. Factor to adjust for fuel items moved to base (i.e. certain TUCO coal costs and PNM Inter. Demand fees) as a result of Docket No. 32766. BRIF Voltage Level TUCO/PNM Intrp Demand Fee Ad'. Seconds Fuel Factor No. 3 $ 0.001207 Prima Fuel Factor No. 5 $ 0.001190 Sub -Transmission Fuel Factor No. 7 $ 0.001139 Backbone Transmission Fuel Factor No. 9 $ 0.001133 .213 Certificate of Service I certify that on the 27 h day of March 2007, a true and correct copy of the foregoing instrument was served on all parties of record by hand delivery, Federal Express, certified mail, or facsimile transmission. SOAR Docket No. 473-06-2536; PUC Docket No. 32766 Unanimous Stipulation GAWord\2005\0560004\7H9.doc Page 214 Resolution No. 2008-R0158 April 24, 2008 Itan No. 5.21 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock hereby authorizes and directs the Mayor of the City of Lubbock to execute a unit price construction Contract by and between the City of Lubbock and Utility Contractors of America, Ltd., of Wolfforth, Texas, for pavement repair and compaction at 98`h Street and Quaker Avenue per RFP #08-707-DD, which Contract and any associated documents, are attached hereto and made a part of this Resolution for all intents and purposes. Passed by the City Council this 24th day of oe DAVID A. MILLER, MAYOR ATTEST: Reber a Garza, City Secretary APPROVED AS ONTE T: Thomas L. Adams Deputy City Manager/Water Utilities Director APPROVED AS TO-YORM: Vandi DDres/UCA-98&QuakerPavingRepair08ConRes April 9, 2008 11: No Text CITY OF LUBBOCK SPECIFICATIONS FOR PAVEMENT REPAIR AND COMPACTION AT 98TH STREET & QUAKER AVENUE RFP #08-707-DD Contract # 8381 Plans & Specifications may be obtained from THE REPRODUCTION COMPANY httom://pr.thereproductioncompan. Phone: (806) 763-7770 "A City of Planned Progress " CITY OF LUBBOCK Lubbock, Texas RFP# 08-707-DD. Addendum # 1 City of Lubbock PUBLIC WORKS CONTRACTING OFFICE SUITE 204, MUNICIPAL BUILDING 1625 13T" STREET LUBBOCK, TEXAS 79401 PH:(806)775-2168 FAX:(806)775-2164 http://purchasing.ci.lubbock.tx.us DATE ISSUED: CLOSE DATE: ADDENDUM # I RFP # 08-707-DD PAVEMENT REPAIR AND COMPACTION AT 98T" STREET AND QUAKER AVENUE March 25, 2008 April 3, 2009 @ 1:00 P.M. The following items take precedence over specifications for the above named Request for Proposals (RFP). Where any item called for in the RFP documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. Offeror's attention is invited to the following clarifications provided by the Engineer: Additional information showing approximate locations of buried water meter lines and buried irrigation sprinker lines and heads. The drawing also shows a designated staging area a few feet east of the project area where United Super Market prefers staging of equipment and materials. Drawing can be obtained from The Reproduction Company, 2102 Avenue Q, Lubbock, Texas 79405, or on-line at http://pr.thereproductioncompany.com/. You can reach them by phone at 806-763- 7770 All requests for additional information or clarification must be submitted in writing and directed to: Darlene Doss, Buyer, City of Lubbock, P.O. Box 2000, Lubbock, Texas 79457 Questions may be faxed to (806)775-2164 or Email to , do> :: r zt THANK YOU, CITY OF LUBBOCK t3J'4 Darlene Doss Buyer It is the intent and purpose of the City of Lubbock that this request permits competitive bids. It shall be the otferor's responsibility to advise the Citv of Lubbock Buyer if anv laneuaee, reouirements. etc.. or any combinations thereof, inadvertently restricts or limits the requirements stated in this RFP to a single source. Such notification must be submitted in writing and must be received by the Buyer no later than five (5) business days prior to the bid close date. A review of such notifications will be made. RFP# 08-707-DDad I RFP# 08-707-DD, Addendum # 2 City of Lubbock PUBLIC WORKS CONTRACTING OFFICE SUITE 204, MUNICIPAL BUILDING 1625 13T" STREET LUBBOCK, TEXAS 79401 PH:(806)775-2168 FAX:(806)775-2164 http:,I/purchasing.ci.lubbock.tx.us DATE ISSUED: OLD CLOSE DATE: NEW CLOSE DATE: ADDENDUM #2 RFP # 08-707-DD PAVEMENT REPAIR AND COMPACTION AT 9eH STREET AND QUAKER AVENUE March 25, 2008 April 3, 2009 @ 1:00 P.M. April 3, 2008 n 1:00 PM The following items take precedence over specifications for the above named Request for Proposals (RFP). Where any item called for in the RFP documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. 1. This addendum is published only to correct a typing error on Addendum # I. The due date remains, from initial publication, as April 3, 2008 at 1:00 P.M., CST. All requests for additional information or clarification must be submitted in writing and directed to: Darlene Doss, Buyer, City of Lubbock, P.O. Box 2000, Lubbock, Texas 79457 Questions may be faxed to (806)775-2164 or Email to Ir io ;;;, r ul k of'K, t". rx" THANK YOU, CITY OF LUBBOCK A Darlene Doss Buyer It is the intent and purpose of the City of Lubbock that this request permits competitive proposals. It shall be the offeror's responsibility to advise the Citv of Lubbock Buver if anv language, requirements, etc., or any combinations thereof, inadvertently restricts or limits the requirements stated in this RFP to a single source. Such notification must be submitted in writing and must be received by the Buyer no later than five (5) business days prior to the proposal close date. A review of such notifications will be made. RFP# 08-707-DDad2 CITY OF LUBBOCK SPECIFICATIONS FOR PAVEMENT REPAIR AND COMPACTION AT 98'" STREET & QUAKER AVENUE RFP #08-707-DD Contract # 8381 Plans & Specifications may be obtained from THE REPRODUCTION COMPANY http://pr.thereproductioncoi-npany.com/ Phone: (806) 763-7770 "A City of Planned Progress " CITY OF LUBBOCK Lubbock, Texas Page Intentionally Left Blank CITY OF LUBBOCK REQUEST FOR PROPOSALS FOR TITLE: PAVEMENT REPAIR AND COMPACTION AT 98"' STREET & QUAKER AVENUE ADDRESS: LUBBOCK, TEXAS RFP NUMBER: 08-707-DD PROJECT NUMBER: 91081.9242.30000 CONTRACT PREPARED BY: PUBLIC WORKS CONTRACTING OFFICE Paue Intentionally Left Blank i City of Lubbock, TX ,r Public Works Contracting Office Contractor Checklist for RFP # 08-707-DD Before sub 'tting your proposal, please ensure you have completed and included the following: 1. Carefully read and understand the plans and specifications and properly complete the PROPOSAL SUBMITTAL form. Proposal Submittal form MUST be completed in blue or black ink or by typewriter. Signatures must be original, in blue or black ink, and by hand. Amounts shall be written in both words and numerals and in the event of a discrepancy the amounts written in words shall govern. Include corporate seal and Secretary's signature. Identify addenda received (if any). Include firm's FEDERAL TAX ID number or Owner's SOCIAL SECURITY number. Carefully read the BASIS OF PROPOSALS and SELECTION CRITERIA in paragraph 32 of the General Instructions to Offeror's. Ensure ALL criteria are addressed in / your submittal. 2. / Include PROPOSAL BOND or CASHIER'S OR CERTIFIED CHECK as your proposal surety. Failure to provide a proposal surety WILL result in automatic rejection of yourproposal. 3. i Clearly mark the proposal number, title, due date and time and your company name and address on the outside of the envelope or container. 4. Ensure your proposal is RECEIVED by the City of Lubbock Public Works Contracting Office prior to the deadline. Late proposals will not be accepted. 5. Complete and submit the "Contractor's Statement of Qualifications". 6. Complete and sign the CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT. This must include the signature of the agent or broker. Contractor's signature must be original. 7. Complete and sign the SAFETY RECORD QUESTIONNAIRE. All "YES" responses must be explained in detail and submitted with the questionnaire. 8. Complete and sign the SUSPENSION AND DEBARMENT CERTIFICATION. Include firm's FEDERAL TAX ID number or Owner's SOCIAL SECURITY number. 9. f- Complete and submit the List of Sub -Contractors. FAILURE TO PROVIDE ANY OF THE ABOVE MAY RESULT IN YOUR PROPOSAL BEING DEEMED NON -RESPONSIVE AND, THEREFORE, NOT FURTHER EVALUATED. PLEASE INCLUDE THIS COMPLETED PAGE AS THE FIRST PAGE OF YOUR PROPOSAL SUBMITTAL. (Type or Print Company Name) INDEX 1. NOTICE TO OFFERORS 2. GENERAL INSTRUCTIONS TO OFFERORS 3. TEXAS LOCAL GOVERNMENT CODE § 271.116 4. PROPOSAL SUBMITTAL — (must be submitted by published due date & time) 4-1. UNIT PRICE PROPOSAL SUBMITTAL FORM 4-2. PROPOSAL BOND WITH POWER OF ATTORNEY OR CERTIFIED/CASHIER'S CHECK 4-3. CONTRACTOR'S STATEMENT OF QUALIFICATIONS 4-4. CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT 4-5. SAFETY RECORD QUESTIONNAIRE 4-6. SUSPENSION AND DEBARMENT CERTIFICATION 4-7. LIST OF SUBCONTRACTORS 5. PAYMENT BOND 6. PERFORMANCE BOND 7. CERTIFICATE OF INSURANCE 8. CONTRACT 9. GENERAL CONDITIONS OF THE AGREEMENT 10. CURRENT WAGE DETERMINATIONS 11. SPECIFICATIONS Page Intentionally Left Blank NOTICE TO OFFERORS Page Intentionally Left Blank NOTICE TO OFFERORS RFP #08-707-DD Sealed proposals addressed to Darlene Doss, Buyer, City of Lubbock, Texas, will be received in the office of the Public Works Contracting Office, Municipal Building, 1625 13th Street, Room 204, Lubbock, Texas, 79401, until 1:00 P.M. on April 3, 2008, or as changed by the issuance of formal addenda to all planholders, to furnish all labor and materials and perform all work for the construction of the following described project: "PAVEMENT REPAIR AND COMPACTION AT 98TH STREET & QUAKER AVENUE" After the expiration of the time and date above first written, said sealed proposals will be opened in the office of the Public Works Contracting Office and publicly read aloud. It is the sole responsibility of the offeror to ensure that his proposal is actually in the Public Works Contracting Office for the City of Lubbock, before the expiration of the date above first written. Proposals are due at 1:00 P.M. on April 3, 2008 and the City of Lubbock City Council will consider the proposals on April 24, 2008 at the Municipal Building, 1625 13th Street, Lubbock, Texas, or as soon thereafter as may be reasonably convenient, subject to the right to reject any or all proposals and waive any formalities. The successful offeror will be required to furnish a performance bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $100,000 and the successful offeror will be required to furnish a payment bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $25,000. Said statutory bonds should be issued by a company carrying a current Best Rating of "A" or better. Offerors are required, whether or not a payment or performance bond is required, to submit a cashier's or certified check issued by a bank satisfactory to the City of Lubbock, or a proposal bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than 5% of the total amount of the proposal submitted as a guarantee that offeror will enter into a contract and execute all necessary bonds (if required) within ten (10) business days after notice of award of the contract to him. FAILURE OF THE OFFEROR TO INCLUDE PROPOSAL SECURITY WITH THE PROPOSAL SUBMITTAL SHALL CONSTITUTE A NONRESPONSIVE PROPOSAL AND RESULT IN DISQUALIFICATION OF THE PROPOSAL SUBMITTAL. It shall be each offeror's sole responsibility to inspect the site of the work and to inform himself regarding all local conditions under which the work is to be done. It shall be understood and agreed that all such - factors have been thoroughly investigated and considered in the preparation of the proposal submitted. There will be a non -mandatory pre -proposal conference on March 25, 2008 at 9:00 A.M., in the Municipal Building, Room TCLO1, 1625 13th Street, Lubbock, Texas Offerors may view the plans and specifications without charge at The Reproduction Company, 2102 Avenue Q, Lubbock, Texas 79405 or at http://'pr.theret)roductioncompanY com/ . ONE SET OF PLANS AND SPECIFICATIONS MAY BE OBTAINED, AT THE CITY'S EXPENSE, FROM THE REPRODUCTION COMPANY WITH A $100 REFUNDABLE DEPOSIT, Phone: (806) 763-7770. Deposit Checks shall be made payable to The City of Lubbock, and will be refunded if documents are returned in good condition within Sixty (60) days of the opening of Proposals. Additional sets of plans and specifications may be obtained at the offeror's expense. Attention of each offeror is particularly called to the schedule of general prevailing rate of per diem wages included in the contract documents on file in the office of the Public Works Contracting Office of the City of Lubbock, which document is specifically referred to in this notice to offerors. Each offerors attention is further directed to provision of Article 5159a, Vernon's Ann. Civil St., and the requirements contained therein concerning the above wage scale and payment by the contractor of the prevailing rates of wages as heretofore established by owner in said wage scale. The City of Lubbock hereby notifies all offerors that in regard to any contract entered into pursuant to this advertisement, minority and women business enterprises will be afforded equal opportunities to submit proposals in response to this invitation and will not be discriminated against on the grounds of race, color, sex, disability, or national origin in consideration for an award. The City of Lubbock does not discriminate against persons with disabilities. City of Lubbock pre - proposal meetings and proposal openings are available to all persons regardless of disability. If you require special assistance, please contact the Public Works Contracting Office at (806) 775-2168 or write to Post Office Box 2000, Lubbock, Texas 79457 at least 48 hours in advance of the meeting. CITY OF LUBBOCK DARLENE DOSS BUYER 2 GENERAL INSTRUCTIONS TO OFFERORS 3 No Text GENERAL INSTRUCTIONS TO OFFERORS PROPOSAL DELIVERY TIME & DATE 1.1 The City of Lubbock is seeking written and sealed competitive proposals to furnish PAVEMENT REPAIR AND COMPACTION AT 98TH STREET & QUAKER AVENUE per the attached specifications and contract documents. Sealed proposals will be received no later than 1:00 P.M., April 3, 2008 at the office listed below. Any proposal received after the date and hour specified will be rejected and returned unopened to the offeror. Each proposal and supporting documentation must be in a sealed envelope or container plainly labeled in the lower left-hand corner: "RFP # 08-707-DD, PAVEMENT REPAIR AND COMPACTION AT 98TH STREET & QUAKER AVENUE" and the proposal opening date and time. Offerors must also include their company name and address on the outside of the envelope or container. Proposals must be addressed to: Darlene Doss, Buyer City of Lubbock 1625 13th Street, Room 204 Lubbock, Texas 79401 1.2 Offerors are responsible for making certain proposals are delivered to the Public Works Contracting Office. Mailing of a proposal does not ensure that it will be delivered on time or delivered at all. If proposer does not hand deliver proposal, we suggest that he/she use some sort of delivery service that provides a receipt. 1.3 Proposals will be accepted in person, by United States Mail, by United Parcel Service, or by private courier service. No proposals will be accepted by oral communication, telephone, electronic mail, telegraphic transmission, or telefacsimile transmission. THE CITY WILL NOT ACCEPT FAX PROPOSALS. 1.4 The City of Lubbock reserves the right to postpone the date and time for opening proposals through an addendum. 2 PRE -PROPOSAL MEETING 2.1 For the purpose of familiarizing offerors with the requirements, answering questions, and issuing addenda as needed for the clarification of the Request for Proposals (RFP) documents, a non-mandatoryy pre - proposal meeting will be held at 9:00 A.M., March 25, 2008 in the Municipal Building, Room TCL01, 1625 131h Street, Lubbock, Texas. All persons attending the meeting will be asked to identify themselves and the prospective proposer they represent. 2.2 It is the proposer's responsibility to attend the pre -proposal meeting though the meeting is not mandatory. The City will not be responsible for providing information discussed at the pre -proposal meeting to offerors who do not attend the pre -proposal meeting. 3 ADDENDA & MODIFICATIONS 3.1 Any changes, additions, or clarifications to the RFP are made by ADDENDA information available over the Internet at http://www.RFPdepot.com. We strongly suggest that you check for any addenda a minimum of forty-eight hours in advance of the response deadline. BUSINESSES WITHOUT INTERNET ACCESS may use computers available at most public libraries. 3.2 Any proposer in doubt as to the true meaning of any part of the specifications or other documents may request an interpretation thereof from the Public Works Contracting Office. At the request of the proposer, or in the event the Public Works Contracting Office deems the interpretation to be substantive, the interpretation will be made by written addendum issued by the Public Works Contracting Office. Such addenda issued by the Public Works Contracting Office will be available over the Internet at http:/,www.RFPdepot.com and will become part of the proposal package having the same binding effect as provisions of the original RFP. NO VERBAL EXPLANATIONS OR INTERPRETATIONS WILL BE BINDING. In order to have a request for interpretation considered, the request must be submitted in writing and must be received by the City of Lubbock Public Works Contracting Office no later than five (5) days before the proposal closing date. 3.3 . All addenda, amendments, and interpretations of this solicitation shall be in writing. The City of Lubbock shall not be legally bound by any amendment or interpretation that is not in writing. Only information supplied by the City of Lubbock Public Works Contracting Office in writing or in this RFP should be used in preparing proposal responses. All contacts that a proposer may have had before or after receipt of this RFP with any individuals, employees, or representatives of the City and any information that may have been read in any news media or seen or heard in any communication facility regarding this proposal should be disregarded in preparing responses. 3.4 The City does not assume responsibility for the receipt of any addendum sent to offerors. 4 EXAMINATION OF DOCUMENTS AND REQUIREMENTS 4.1 Each proposer shall carefully examine all RFP documents and thoroughly familiarize itself with all requirements before submitting a proposal to ensure that their proposal meets the intent of these specifications. 4.2 Before submitting a proposal, each proposer shall be responsible for making all investigations and examinations that are necessary to ascertain conditions and requirements affecting the requirements of this Request for Proposals. Failure to make such investigations and examinations shall not relieve the proposer from obligation to comply, in every detail, with all provisions and requirements of the Request for Proposals. 4.3 Notices of any discrepancies or omissions in these plans, specifications, or contract documents, shall be given to the Public Works Contracting Officer and a clarification obtained before the proposals are received, and if no such notice is received by the Public Works Contracting Officer prior to the opening of proposals, then it shall be deemed that the proposer fully understands the work to be included and has provided sufficient sums in its proposal to complete the work in accordance with these plans and specifications. If proposer does not notify the Public Works Contracting Officer before offering of any discrepancies or omissions, then it shall be deemed for all purposes that the plans and specifications are sufficient and adequate for completion of the project. It is further agreed that any request for clarification must be submitted no later than five (5) calendar days prior to the opening of proposals. PROPOSAL PREPARATION COSTS 5.1 Issuance of this RFP does not commit the City of Lubbock, in any way, to pay any costs incurred in the preparation and submission of a proposal. 5.2 The issuance of this RFP does not obligate the City of Lubbock to enter into contract for any services or equipment. 5.3 All costs related to the preparation and submission of a proposal shall be paid by the proposer. 6 TRADE SECRETS CONFIDENTIAL INFORMATION AND THE TEXAS PUBLIC INFORMATION ACT 6.1 If you consider any portion of your proposal to be privileged or confidential by statute or judicial decision, including trade secrets and commercial or financial information, clearly identify those portions. 6.2 The City of Lubbock will honor your notations of trade secrets and confidential information and decline to release such information initially, but please note that the final determination of whether a particular portion of your proposal is in fact a trade secret or commercial or financial information that may be withheld from public inspection will be made by the Texas Attorney General or a court of competent jurisdiction. In the event a public information request is received for a portion of your proposal that you have marked as being confidential information, you will be notified of such request and you will be required to justify your legal position in writing to the Texas Attorney General pursuant to Section 552.305 of the Government Code. In the event that it is determined by opinion or order of the Texas Attorney General or a court of competent jurisdiction that such information is in fact not privileged and confidential under Section 552.110 of the Government Code and Section 252.049 of the Local Government Code, then such information will be made available to the requester. 6.3 Marking your entire proposal CONFIDENTIAL/PROPRIETARY is not in conformance with the Texas Open Records Act. 7 LICENSES PERMITS TAXES The price or prices for the work shall include full compensation for all taxes, permits, etc. that the offeror is or may be required to pay. 8 UTILIZATION OF LOCAL BUSINESS RESOURCES Prospective offerors are strongly encouraged to explore and implement methods for the utilization of local resources, and to outline in their proposal submittal how they would utilize local resources. 9 CONFLICT OF INTEREST 9.1 The offeror shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee, official or agent of the City of Lubbock. 9.2 By signing and executing this proposal, the offeror certifies and represents to the City the offeror has not offered, conferred or agreed to confer any pecuniary benefit or other thing of value for the receipt of special treatment, advantage, information, recipient's decision, opinion, recommendation, vote or any other exercise of discretion concerning this proposal. 10 CONTRACT DOCUMENTS 10.1 All work covered by the contract shall be done in accordance with contract documents described in the General Conditions. 10.2 All offeror's shall be thoroughly familiar with all of the requirements set forth on the contract documents for the construction of this project and shall be responsible for the satisfactory completion of all work contemplated by said contract documents. 11 PLANS FOR USE BY OFFERORS It is the intent of the City of Lubbock that all parties with an interest in submitting a proposal on the project covered by the contract documents be given a reasonable opportunity to examine the documents and prepare a proposal without charge or forfeiture of deposit. The contract documents may be examined without charge as noted in the Notice to Offerors. 12 OFFEROR INQUIRIES AND CLARIFICATION OF REQUIREMENTS 12.1 It is the intent and purpose of the City of Lubbock that this request permits competitive proposals. It shall be the offerors responsibility to advise the Public Works Contracting Office if anv lanuuaue. reauirements. etc.. or anv combinations thereof. inadvertently restricts or limits the requirements stated in this RFP to a single source. Such notification must be submitted in writing and must be received by the City of Public Works Contracting Office no later than five (5) calendar days before the proposal closing date. A review of such notifications will be made. 7 12.2 NO OFFEROR SHALL REQUEST ANY INFORMATION VERBALLY. ALL REQUESTS FOR ADDITIONAL INFORMATION OR CLARIFICATION CONCERNING THIS REQUEST FOR PROPOSALS (RFP) MUST BE SUBMITTED IN WRITING NO LATER THAN FIVE (5) CALENDAR DAYS PRIOR TO THE PROPOSAL CLOSING DATE AND ADDRESSED TO: Darlene Doss, Buyer City of Lubbock Public Works Contracting Office 1625 13 th Street, Room 204 Lubbock, Texas 79401 Fax: 806-775-2164 or 806-767-2275 Email: ddossL�)mylubbock.us RFPDepot: http://www.RFPdepot.com 13 TIME AND ORDER FOR COMPLETION 13.1 The construction covered by the contract documents shall be substantially completed within SEVENTY (70) CALENDAR DAYS from the date specified in the Notice to Proceed issued by the City of Lubbock to the successful offeror. 13.2 The Contractor will be permitted to prosecute the work in the order of his own choosing, provided, however, the City reserves the right to require the Contractor to submit a progress schedule of the work contemplated by the contract documents. In the event the City requires a progress schedule to be submitted, and it is determined by the City that the progress of the work is not in accordance with the progress schedule so submitted, the City may direct the Contractor to take such action as the City deems necessary to ensure completion of the project within the time specified. 14 PAYMENT f All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the contract documents. t 15 AFFIDAVITS OF BILLS PAID The City of Lubbock reserves the right, prior to final acceptance of this project to require the Contractor to execute an affidavit that all bills for labor, materials and incidentals incurred in the construction of the improvements contemplated by the contract documents have been paid in full and that there are no claims pending, of which the Contractor has been notified. 16 MATERIALS AND WORKMANSHIP The intent of these contract documents is that only materials and workmanship of the best quality and grade will be furnished. The fact that the specifications may fail to be sufficiently complete in some detail will not relieve the Contractor of full responsibility for providing materials of high quality and for protecting them adequately until incorporated into the project. The presence or absence of a representative of the City on the site will not relieve the Contractor of full responsibility of complying with this provision. The specifications for materials and methods set forth in the contract documents provide minimum standards of quality, which the Owner believes necessary to procure a satisfactory project. 8 17 GUARANTEES 17.1 All equipment and materials incorporated in the project and all construction shall be guaranteed against defective materials and workmanship. Prior to final acceptance, the Contractor shall furnish to the Owner, a written general guarantee which shall provide that the Contractor shall remedy any defects in the work, and pay for any and all damages of any nature whatsoever resulting in such defects, when such defects appear within ONE year from date of final acceptance of the work as a result of defective materials or workmanship, at no cost to the Owner (City of Lubbock). 17.2 Notwithstanding any provisions contained in the contractual agreement, the Contractor represents and warrants fault -free performance and fault -free result in the processing date and date -related data (including, but not limited to calculating, comparing and sequencing) of all hardware, software and firmware products delivered and services provided under this Contract, individually or in combination, as the case may be from the effective date of this Contract. Also, the Contractor warrants calculations will be recognized and accommodated and will not, in any way, result in hardware, software or firmware failure. The City of Lubbock, at its sole option, may require the Contractor, at any time, to demonstrate the procedures it intends to follow in order to comply with all the obligations contained herein. 17.3 The obligations contained herein apply to products and services provided by the Contractor, its sub -contractor or any third party involved in the creation or development of the products and services to be delivered to the City of Lubbock under this Contract. Failure to comply with any of the obligations contained herein, may result in the City of Lubbock availing itself of any of its rights under the law and under this Contract including, but not limited to, its right pertaining to termination or default. 17.4 The warranties contained herein are separate and discrete from any other warranties specified in this Contract, and are not subject to any disclaimer of warranty, implied or expressed, or limitation to the Contractor's liability which may be specified in this Contract, its appendices, its schedules, its annexes or any document incorporated in this Contract by reference. 18 PLANS FOR THE CONTRACTOR The contractor will, upon written request, be furnished up to ten sets of plans and specifications and related contract documents for use during construction. Plans and specifications for use during construction will only be furnished directly to the Contractor. The Contractor shall then distribute copies of plans and specifications to suppliers, subcontractors or others, as required for proper prosecution of the work contemplated by the Contractor. 19 PROTECTION OF THE WORK _. The Contractor shall be responsible for the care, preservation, conservation, and protection of all materials, supplies, machinery, equipment, tools, apparatus, accessories, facilities, and all means of construction, and any and all parts of the work whether the Contractor has been paid, partially paid, or not paid for such work, until the date the City issues its certificate of completion to Contractor. The City reserves the right, after the proposals have been opened and before the contract has been awarded, to require of a proposer the following information: (a) The experience record of the offeror showing completed jobs of a similar nature to the one covered by the intended contract and all work in progress with bond amounts and percentage completed. (b) A sworn statement of the current financial condition of the offeror. (c) Equipment schedule. 9 i_ i 20 TEXAS STATE SALES TAX 20.1 This contract is issued by an organization which qualifies for exemption provisions pursuant to provisions of Article 20.04 of the Texas Limited Sales, Excise and Use Tax Act. 20.2 The Contractor must obtain a limited sales, excise and use tax permit which shall enable him to - buy the materials to be incorporated into the work without paying the tax at the time of purchase. i 21 PROTECTION OF SUBSURFACE LINES AND STRUCTURES It shall be the Contractor's responsibility to prosecute the work contemplated by the contract documents in such a way as to exercise due care to locate and prevent damage to all underground pipelines, utility lines, conduits or other underground structures which might or could be damaged by Contractor during the construction of the project contemplated by these contract documents. The City of Lubbock agrees that it will furnish Contractor the location of all such underground lines and utilities of which it has knowledge. However, such fact shall not relieve the Contractor of his responsibilities aforementioned. All such underground lines or structures cut or damaged by Contractor during the prosecution of the work contemplated by this contract shall be repaired immediately by Contractor to the satisfaction of the City of Lubbock, Texas, at Contractor's expense. 22 BARRICADES AND SAFETY MEASURES The contractor shall, at his own expense, furnish and erect such barricades, fences, lights and danger signals, and shall take such other precautionary measures for the protection of persons, property and the work as may be necessary. The Contractor will be held responsible for all damage to the work due to failure of barricades, signs, and lights to protect it, and when damage is incurred, the damaged portion shall be immediately removed and replaced by Contractor at his own cost and expense. The Contractor's responsibility for maintenance of barricades, signs, and lights shall not cease until the date of issuance to Contractor of City's certificate of acceptance of the project. 23 EXPLOSIVES 23.1 The use of explosives will not be permitted unless written permission to do so is obtained by the Contractor from the City. In all cases where written permission is obtained for the use of explosives, the Contractor shall assume full responsibility for all damage, which may occur as a direct or indirect result of the blasting. In addition, in all cases where explosives are authorized to be used, the Contractor shall use utmost care so as not to endanger life or property and the Contractor shall further use only such methods as are currently utilized by persons, firms, or corporations engaged in similar type of construction activity. 23.2 Explosive materials shall not be stored or kept at the construction site by the Contractor. 23.3 In all cases where explosives are to be used during the construction of the project contemplated by this contract, it shall be the duty of the Contractor to notify each utility company having structures (above or below the ground) in proximity to the site of the work of Contractor's intention to use explosives, and such notice shall be given sufficiently in advance to enable the companies to take such steps as they may deem necessary to protect their property from injury. Such notice, however, shall not relieve the Contractor of responsibility for any damage resulting from his blasting operations. 24 CONTRACTOR'S REPRESENTATIVE The successful offeror shall be required to have a responsible local representative available at all times while the work is in progress under this contract. The successful offeror shall be required to furnish the name, address and telephone number where such local representative may be reached during the time that the work contemplated by this contract is in progress. 10 25 INSURANCE 25.1 The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or any material change will be provided -- ten (10) days in advance of cancellation or change. All policies shall contain an agreement on the part of the insurer waiving the right to subrogation. The Contractor shall procure and carry at his sole cost and expense through the life of this contract, insurance protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such insurance shall be carried with an insurance company authorized to transact business in the State of Texas and shall cover all operations in connection with this contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A certificate of insurance specifying each and all coverages shall be submitted before contract execution. 25.2 PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM OF A CERTIFICATE OF INSURANCE. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF LUBBOCK AS A PRIMARY ADDITIONAL INSURED AND PROVIDE A WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK AS REQUIRED BELOW, OR IN THE ALTERNATIVE, SHALL BE ACCOMPANIED BY A STATEMENT FROM THE CONTRACTOR TO THE EFFECT THAT NO WORK ON THIS PARTICULAR PROJECT SHALL BE SUBCONTRACTED. IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO PROVIDE TO THE OWNER ALL PROOF OF COVERAGE INSURANCE DOCUMENTS INCLUDING WORKERS COMPENSATION COVERAGE FOR EACH SUBCONTRACTOR. 26 LABOR AND WORKING HOURS 26.1 Attention of each offeror is particularly called to the schedule of general prevailing rate of per diem wages included in these contract documents. The wage rate that must be paid on this project shall not be less than specified in the schedule of general prevailing rates of per diem wages as above mentioned. The offeror's attention is further directed to the requirements of Article 5159a, Vernon's Annotated Civil Statutes providing for the payment of the wage schedules above mentioned and the offeror's obligations thereunder. The inclusion of the schedule of general prevailing rate of per diem wages in these contract documents does not release the Contractor from compliance with any wage law that may be applicable. Construction work under this contract requiring an inspector will not be performed on weekends or holidays unless the following conditions exist: 26.1.1 The project being constructed is essential to the City of Lubbock's ability to provide the necessary service to its citizens. 26.1.2 Delays in construction are due to factors outside the control of the Contractor. The Contractor is approaching the penalty provisions of the contract and Contractor can show he has made a diligent effort to complete the contract within the allotted time. 26.2 Before construction work requiring an inspector is to be performed on weekends or holidays, the Contractor must notify the Owner's Representative not less than three full working days prior to the weekend or holiday he desires to do work and obtain written permission from the Owner's Representative to do such work. The final decision on whether to allow construction work requiring an inspector on weekends or holidays will be made by the Owner's Representative. 11 27 29 26.3 In any event, if a condition should occur or arise at the site of this project or from the work being done under this contract which is hazardous or dangerous to property or life, the Contractor shall immediately commence work, regardless of the day of the week or the time of day, to correct or alleviate such condition so that it is no longer dangerous to property or life. PAYMENT OF EMPLOYEES AND FILING OF PAYROLLS The contractor and each of his subcontractors shall pay each of his employees engaged in work on the project under this contract in full (less mandatory legal deductions) in cash, or by check readily cashable without discount, not less often than once each week. The Contractor and each of his subcontractors engaged at the site of the work shall not later than the seventh day following the payment of wages, file with the Owner's Representative, or Engineer, a certified, sworn, legible copy of such payroll. This shall contain the name of each employee, his classification, the number of hours worked on each clay, rate of pay, and net pay. The affidavit shall state that the copy is a true and correct copy of such payroll, that no rebates or deductions (except as shown) have been made, or will in the future be made from the wages paid as shown thereon. The Contractor must classify employees according to one of the classifications set forth in the schedule of general prevailing rate of per diem wages, which schedule is included in the contract documents. The Contractor shall forfeit as a penalty to the City of Lubbock on whose behalf this contract is made, ten dollars for each laborer, workman, or mechanic employed for each calendar day, or portion thereof, such laborer, workman or mechanic is paid less than the wages assigned to his particular classification as set forth in the schedule of general prevailing rate of per diem wages included in these contract documents. PROVISIONS CONCERNING ESCALATION CLAUSES Proposals submitted containing any conditions which provide for changes in the stated proposal price due to increases or decreases in the cost of materials, labor or other items required for the project will be rejected and returned to the proposer without being considered. PREPARATION FOR PROPOSAL 29.1 The offeror shall submit his proposal on forms furnished by the City. All blank spaces in the form shall be correctly filled in and the proposer shall state the price both in words and numerals, for which he intends to do the work contemplated or furnish the materials required. Such prices shall be written in ink, distinctly and legibly, or typewritten. In case of discrepancy between the price written in words and the price written in figures, the price written in words shall govern. 29.2 If the proposal is submitted by an individual, his name must be signed by him or his duly i authorized agent. If a proposal is submitted by a firm, association, or partnership, the name and address of each member must be given and the proposal signed by a member of the firm, association or partnership, or person duly authorized. If the proposal is submitted by a company or corporation, the company or corporate name and business address must be given, and the proposal signed by an official or duly authorized agent. Powers of attorney authorizing agents or others to sign proposals must be properly certified and must be in writing and submitted with the proposal. The proposal shall be executed in ink. j 29.3 Each proposal shall be enclosed in a sealed envelope, addressed as specified in the Notice to Offerors, and endorsed on the outside of the envelope in the following manner: 28.3.1 Offeror's name 28.3.2 Proposal for (description of the project). 29.4 Proposal submittals may be withdrawn and resubmitted at any time before the time set for opening of the proposals, but no proposal may be withdrawn or altered thereafter. 12 29.5 Pursuant to Texas Local Government Code 252.043(g), a competitive sealed proposal that has been opened may not be changed for the purpose of correcting an error in the proposal price. THEREFORE, ANY CORRECTIONS TO THE PROPOSAL PRICE MUST BE MADE ON THE PROPOSAL SUBMITTAL FORM PRIOR TO PROPOSAL OPENING. 30 BOUND COPY OF CONTRACT DOCUMENTS Offeror understands and agrees that the contract to be executed by proposer shall be bound and include the following: (a) Notice to Offerors. (b) General Instructions to Offerors. (c) Proposer's Submittal. (d) Statutory Bond (if required). (e) Contract Agreement. (f) General Conditions. (g) Special Conditions (if any). (h) Specifications. (i) Insurance Certificates for Contractor and all Sub -Contractors. (j) All other documents made available to offeror for his inspection in accordance with the Notice to Offerors. If Plans and Specifications are too bulky or cumbersome to be physically bound, they are to be considered incorporated by reference into the aforementioned contract documents. 31 QUALIFICATIONS OF OFFERORS The offeror may be required before the award of any contract to show to the complete satisfaction of the City of Lubbock that it has the necessary facilities, ability, and financial resources to provide the service specified therein in a satisfactory manner. The offeror may also be required to give a past history and references in order to satisfy the City of Lubbock about the offeror's qualifications. The City of Lubbock may make reasonable investigations deemed necessary and proper to determine the ability of the proposer to perform the work, and the offeror shall furnish to the City of Lubbock all information for this purpose that may be requested. The offeror's proposal may be deemed not to meet specifications or the proposal may be rejected if the evidence submitted by, or investigation of, the offeror fails to satisfy the City of Lubbock that the proposer is properly qualified to carry out the obligations of the contract and to complete the work described therein. Evaluation of the offeror's qualifications shall include but not be limited to: (a) The ability, capacity, skill, and financial resources to perform the work or provide the service required. (b) The ability of the offeror to perform the work or provide the service promptly or within the time specified, without delay or interference. (c) The character, integrity, reputation, judgment, experience, and efficiency of the offeror. (d) The quality of performance of previous contracts or services. (e) The safety record of the Contractor and proposed Sub -Contractors Before contract award, the recommended contractor for this project may be required to show that he has experience with similar projects that require the Contractor to plan his work efforts and equipment needs 13 with City of Lubbock specifications in mind. Demonstration of experience shall include a complete list of ALL similar municipal and similar non -municipal current and completed projects for the past three (3) years for review. This list shall include the names of supervisors and type of equipment used to perform work on these projects. In addition, the Contractor may be required to provide the name(s) of supervisor(s) that will be used to perfonn work on this project in compliance with City of Lubbock specifications herein. 32 BASIS OF PROPOSALS AND SELECTION CRITERIA The City of Lubbock will use the Competitive Sealed Proposals procurement method as authorized by the Texas Legislature and further defined by Texas Local Government Code Section 271.116. The selection criteria used to evaluate each proposal will include the following: 32.1 60% Price. l 32.2 20% Contractor qualifications. Complete and submit the "Contractor's Statement of Qualifications". City shall have an opportunity to interview the job superintendent at a time to be named after receipt of proposals. ' 32.3 5% Safety Record Questionnaire. 32.4 15% Construction time. The estimated budget for the construction phase of this project is $120, 000.00 Proposals shall be made using the enclosed Proposal Form. 33 SELECTION 33.1 Selection shall be based on the responsible offeror whose proposal is determined to be the most advantageous to the City of Lubbock considering the relative importance of evaluation factors included in this RFP. 33.2 NO INDIVIDUAL OF ANY USING DEPARTMENT HAS THE AUTHORITY TO LEGALLY AND/OR FINANCIALLY COMMIT THE CITY TO ANY CONTRACT, AGREEMENT OR PURCHASE ORDER FOR GOODS OR SERVICES, UNLESS SPECIFICALLY SANCTIONED BY THE REQUIREMENTS OF THIS REQUEST FOR PROPOSAL. 33.3 The City shall select the offeror that offers the best value for the City based on the published selection criteria and on its ranking evaluation. The City shall first attempt to negotiate a contract with the selected offeror. The City and its engineer or architect may discuss with the selected offeror options for a scope or time modification and any price change associated with the modification. If the City is unable to negotiate a contract with the selected offeror, the City shall, formally and in writing, end negotiations with that offeror and proceed to the next offeror in the order of the selection ranking until a contract is reached or all proposals are rejected. 33.4 In determining best value for the City, the City is not restricted to considering price alone, but may consider any other factor stated in the selection criteria. 33.5 A proposal will be subject to being considered irregular and may be rejected if it shows omissions, alterations of form, conditional alternate proposals, additions or alternates in lieu of the items specified, if the unit prices are obviously unbalanced (either in excess of or below reasonably expected values), or irregularities of any kind. " 14 34. ANTI -LOBBYING PROVISION 34.1 DURING THE PERIOD BETWEEN THE BID CLOSE DATE AND THE CONTRACT AWARD, OFFEROR'S, INCLUDING THEIR AGENTS AND REPRESENTATIVES, SHALL NOT DIRECTLY DISCUSS OR PROMOTE THEIR PROPOSAL WITH ANY MEMBER OF THE LUBBOCK CITY COUNCIL OR CITY STAFF EXCEPT IN THE COURSE OF CITY - SPONSORED INQUIRIES, BRIEFINGS, INTERVIEWS, OR PRESENTATIONS, UNLESS REQUESTED BY THE CITY. 34.2 This provision is not meant to preclude offeror from discussing other matters with City Council members or City staff. This policy is intended to create a level playing field for all potential offeror, assure that contract decisions are made in public, and to protect the integrity of the proposal process. Violation of this provision may result in rejection of the offeror's proposal. 15 TEXAS LOCAL GOVERNMENT CODE � 271.116 SELECTING CONTRACTOR FOR CONSTRUCTION SERVICES THROUGH COMPETITIVE SEALED PROPOSALS 271.116. SELECTING CONTRACTOR FOR CONSTRUCTION SERVICES THROUGH COMPETITIVE SEALED PROPOSALS. (a) In selecting a contractor through competitive sealed proposals for construction, rehabilitation, alteration, or repair services for a facility or for construction of a project to which Section 252.043(d-1) applies, a governmental entity shall follow the procedures prescribed by this section. (b) The governmental entity shall select or designate an engineer or architect to prepare construction documents for the project. The selected or designated engineer or architect has full responsibility for complying with Chapter 1001 or 1051, Occupations Code, as applicable. If the engineer or architect is not a full-time employee of the governmental entity, the governmental entity shall select the engineer or architect on the basis of demonstrated competence and qualifications as provided by Section 2254.004, Government Code. (c) The governmental entity shall provide or contract for, independently of the contractor, the inspection services, the testing of construction materials engineering, and the verification testing services necessary for acceptance of the facility or project by the governmental entity. The governmental entity shall select those services for which it contracts in accordance with Section 2254.004, Government Code, and shall identify them in the request for proposals. (d) The governmental entity shall prepare a request for competitive sealed proposals that includes construction documents, selection criteria, estimated budget, project scope, schedule, and other information that contractors may require to respond to the request. The governmental entity shall state in the request for proposals the selection criteria that will be used in selecting the successful offeror. (e) The governmental entity shall receive, publicly open, and read aloud the names of the offerors and, if any are required to be stated, all prices stated in each proposal. Not later than the 45th day after the date of opening the proposals, the governmental entity shall evaluate and rank each proposal submitted in relation to the published selection criteria. (f) The governmental entity shall select the offeror that offers the best value for the governmental entity based on the published selection criteria and on its ranking evaluation. The governmental entity shall first attempt to negotiate a contract with the selected offeror. The governmental entity and its engineer or architect may discuss with the selected offeror options for a scope or time modification and any price change associated with the modification. If the governmental entity is unable to negotiate a contract with the selected offeror, the governmental entity shall, formally and in writing, end negotiations with that offeror and proceed to the next offeror in the order of the selection ranking until a contract is reached or all proposals are rejected. (g) In determining best value for the governmental entity, the governmental entity is not restricted to considering price alone, but may consider any other factor stated in the selection criteria. PROPOSAL SUBMITTAL Pate Intentionally Left Blank PROPOSAL SIJBMITTAL UNIT PRICE PROPOSAL CONTRACT 4 ,t. DATE: Y/3V PROJE NUMBER: #08-707-DD - Pavement Repair and Compaction at 98th Street & Quaker Avenue Proposal of G,�� ire (hereinafter called Offeror) To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner) Ladies and Gentlemen: The Offeror, in compliance with your Request for Proposals for the construction of a Pavement Repair and Compaction at 98th Street & Quaker Avenue having carefully examined the plans, specifications, instructions to offerors, notice to offerors and all other related contract documents and the site of the intended work, and being familiar with all of the conditions surrounding the construction of the intended project including the availability of materials and labor, hereby - intends to furnish all labor, materials, and supplies; and to construct the project in accordance with the plans, I specifications and contract_ documents, within the time set forth therein and at the price stated below. The price to cover all expenses incurred in performing the work required under the contract documents. Estimated Item Quantity No. & Unit Description of Item Total Amount 1. 190 SY Sawcut and remove existing HMAC paving surface and caliche base material and legally dispose of materials off -site, including all cutting, hauling, and disposal, complete, per square yard of paving surface area removed: TOTAL ITEM # l : T W6,s atoll zsw Cats $ t0" /SY( 1,400 °' ) (knit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) 2. 180 LF Sawcut and remove existing concrete curb and gutter material and legally dispose of materials off - site, including all cutting, hauling, and disposal, complete, per linear foot of curb and gutter removed: TOTAL ITEM #2: 'en b.L,.t 'WA zw, Carts $ 1000. /LF( 11,800) (Unit Price Amounts shall be shown in both words and numerals. In case oi'discrepancy, the amount shown in words shall govcm.) 3. 1,080 SF Remove, salvage and replace existing sod, including all necessary work to salvage, water and replace sod to final repaired grade, complete, per square foot of sod salvaged and replaced: TOTAL ITEM #3: T. D.&,, ate( awo c.,,k $ 10. /SF( ►a,800 " ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) 1, Offeror's Initials Estimated Item Quantity No. & Unit Description of Item Total Amount 4. 1 LS Remove one (1) existing live tree within landscape subsidence area, maintain, and then replant after all improvements are complete, per lump sum: TOTAL ITEM #4: Qotoo a" hero ew+ $1M °O /LS( 1,000.« ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) 1 LS Repair existing landscape irrigation system where necessary between back -of -curb in parking lot and sidewalk adjacent to 98th Street as a result of repair of trench subsidence, including all piping, wiring, irrigation heads, fittings, controls, and other accessories, complete and in place, per lump sum: TOTAL ITEM #5:11610uiawd Fla 6ANJ 0416rs and hero Cettts $ ZSJo °0 /LS( -&,Soo." ) (Unit Price Amounts shall he shown in both words and numerals. In case ol'discrepancy, the amount shown in words shall govern.) 190 SY HMAC paving surfacing on caliche base, per original Project Specifications, including a minimum 2-inch compacted HMAC surface course and minimum 8-inch compacted caliche base, furnished and installed, complete and in place, per square yard: TOTAL ITEM #6: 00- QwW lkfb,, bA rs nJ ?.. Ca40 $ Bp_e0 /SY( *'106,00 } (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) 7. 180 LF 24-inch concrete curb and gutter, per the original Project Specifications, furnished and installed, ; complete and in place, per linear foot: TOTAL ITEM #7: R% 0-41"s .4 FWb Coots $ 50.00 /LF( `)I 000 " ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) 170 LF Pavement striping per original Project Specifications, to delineate parking stalls on new HMAC surfacing, furnished and installed, complete and in place, per linear foot: TOTAL ITEM #8: Avg Mnrt aacl &ro Cyi. $ S °O /LF( MO." } (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) OPTION #1 0-1. 600 CY Excavate trench subsidence area and remove all suspect trench backfill material and dispose of off -site, replace with flowable fill to within 18-inches of subgrade, provide topsoil in top 18- inched of landscape area, including all utilities coordination, excavation, trench protection, hauling and materials, complete and in place, per cubic yard of flowable fill: V0 TOTAL ITEM #0-1: 11,"-Tw. D-16K "A uro his $ JIM 55zo0'e ) (Unit Price Amounts shall he shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) J�l Offeror's Initials s Estimated Item Quantity ' No. & Unit Description of Item Total Amount OPTION #2 0-2. 600 CY Excavate trench subsidence area and remove all suspect trench backfill material, replace in 6-inch lifts and compact to 95% Standard Proctor Density to within 18-inches of subgrade, provide topsoil in top 18-inches of landscape area, including all utilities coordination, excavation, trench protection, hauling and materials, furnished and installed, complete and in place, per cubic yard of compacted fill: TOTAL ITEM #0-2: Sixty - Fvc pailar" cw� Lit 9 " $ (PSos /CY( 30i.o0ty °° ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) OPTION #3 0-3.1 350 CY Excavate portion of trench subsidence area, remove suspect trench backfill material and dispose of oft -site, including all utilities coordination, excavation, trench protection, hauling and materials, per cubic yard: TOTAL ITEM #0-3.1 (Unit Price Amounts • -'/ Q •7L/1 OO be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govem.) 0-3.2 350 CY Place flowable fill within 5 fcet of finished grade, including all utilities coordination, trench protection, hauling, and materials, complete and in place, per cubic yard of flowable fill: TOTAL ITEM #0-3.2: '0--trh,-4-d►swbo16tPS arAJ Lve Csrct+ $l- /CYO 23.450 ~ ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govem.) 0-3.3 250 CY Excavate portion of trench subsidence area, remove suspect trench backfill material, replace backfill in 6-inch lifts and compact to 95% Standard Proctor Density to within 18-inches of finished grade, provide topsoil in top 18-inches of landscape area, including all utilities coordination, excavation, trench protection, hauling, and materials, furnished and installed, complete and in place, per cubic yard of materials: K TOTAL ITEM 40-3.3: Stx , ty - Fswe. D.Ilan � � Co.+4s $ /CY( I� ZS0.O0 ) (Unit Price Amounts shall be shown in both words and numerals. In case of discrepancy. the amount shown in words shall govem.) TOTAL PROPOSAL WITH OPTION #1 MATERIALS:_] jCb,- l" theisi Nugi $ 31.500.°O LABOR: �tvwts li t u k aw iiwnW (Vi.r•ltiwtwt $ 10.1410,00 TOTAL PROPOSAL ITEM # I - #8 & #o-1 %. &A,4 4wm Tt�a.,.,A ,%mA g G.% Dotw, (Unit Price .Amounts shall be shown in both words and numerals. In case of disc pancy, the amount shown in words shall govern.) �9 Offeror's Initials Paim Intentionally Left Blank CITY OF LUBBOCK CONTRACTOR'S STATEMENT OF QUALIFICATIONS { RFP # 08-707-DD PAVEMENT REPAIR AND COMPACTION AT 98TH STREET & QUAKER AVENUE Candidates must complete each of the following items in order to be considered. _s I . FIRM NAME: 2. BUSINESS ADDRESS:.9: 3. TELEPHONE, WITH AREA CODE:��=' FAX, WITH AREA CODE: E MAIL ADDRESS: INTERNET URL ADDRESS: i 4. TYPE OF ORGANIZATION: (CHECK ONE) a. SOLE PROPRIETORSHIP ( ) b. PARTNERSHIP (- c. CORPORATION ( ) d. JOINT VENTURE ( ) 5. PRINCIPALS (P) AND ASSOCIATES (A): (WRITE "P" OR "A" FOR EACH) a. b d. '1 e.�.7,,, f. DEGREE OR P/A CERTIFICATE INSTITUTION 1 CITY OF LUBBOCK CONTRACTOR'S STATEMENT OF QUALIFICATIONS CONTINUED 6. LIST 5 MAJOR PROJECTS WITHIN THE PAST THREE YEARS THAT ILLUSTRATE YOUR EXPERIENCE WITH PROJECTS SIMILAR TO THE CITY'S. PROJECT OWNER YEAR COST a. An lYli: � �y CJ� .}� �✓ � %?: �/,�,. y� q '} r 11 b. LjE "%��1 L fig }1 F l.t � `%l P /%d/ LJG? , 'ld I �J C. TJZ711 d. e. 7. REFERENCES: (INCLUDE AT LEAST THREE REFERENCES FROM THREE PROJECTS SIMILAR TO THE ONE FOR WHICH YOU ARE COMPETING) NAME RELATIONSHIP PHONE NUMBER Title:C Firm Name: 0-6/1 /14 t-."� Tel #:i''�� Address: City �'�,l LKIZLI State: Zip: PA CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT To Be Completed by Offeror and Agent Must be submitted when Proposals are due. 1, the undersigned Offeror, certify that the insurance requirements contained in this proposal document have been reviewed by me with the below identified Insurance Ageiit/Broker. If I am awarded this contract by the City of Lubbock, I will be able to, within ten (10) business days after being notified of such award by the City of Lubbock, furnish a valid insurance certificate to the City meeting all of the requirements defined in this proposal. Contra or ( ignature) CoAGactor (Print)47 , y CONTRACTOR'S FIRM NAME: (Prinor Type) CONTRACTOR'S FIRM ADDRESS: Name of Agent/Broker: Agent / Broker (Signature) Address of Agent/Broker: City/State/Zip: ®, - Agent/Broker Telephone Number: Dater L r� NOTE TO CONTRACTOR If the time requirement specified above is not met, the City has the right to reject this proposal and award the contract to another contractor. If rou have any questions concerning these requirements, please contact the Buyer for the City of Lubbock at (806) 775-2168. PROPOSAL #08-707-DD - Pavement Repair and Compaction at 98th Street & Quaker Avenue Paze Intentionally Left Mink 4 SAFETY RECORD QUESTIONNAIRE The City of Lubbock City Council desires to avail itself of the benefits of Section 252.0435 of the Local Government Code, and consider the safety records of potential contractors prior to awarding proposals on City contracts. Pursuant to Section 252.0435 of the Local Government Code, City of Lubbock has adopted the following written definition and criteria for accurately determining the safety record of a proposer prior to awarding proposals on City contracts. The definition and criteria for determining the safety record of a proposer for this consideration shall be: The Citv of Lubbock shall consider the safety record of the offerors in determining the responsibility thereof. The City may consider any incidence involving worker safety or safety of the citizens of the City of Lubbock, be it related or caused by environmental, mechanical, operational, supervision or any other cause or factor. Specifically, the City may consider, among other things: a. Complaints to, or final orders entered by, the Occupational Safety and Health Review Commission (OSHRC), against the proposer for violations of OSHA regulations within the past three (3) years. b. Citations (as defined below) from an Environmental Protection Agency (as defined below) for violations within the past five (5) years. Environmental Protection Agencies include, but are not necessarily limited to, the U.S. Army Corps of Engineers (USACOE), the U.S. Fish and Wildlife Service (USFWS), the Environmental Protection Agency (EPA), the Texas Commission on Environmental Quality (TCEQ), the Texas Natural Resource Conservation Commission (TNRCC) (predecessor to the TCEQ), the Texas Department of State Health Services (DSHS), the Texas Parks and Wildlife Department (TPWD), the Structural Pest Control Board (SPCB), agencies of local governments responsible for enforcing environmental protection or worker safety related laws or regulations, and similar regulatory agencies of other states of the United States. Citations include notices of violation, notices of enforcement, suspension/revocations of state or federal licenses or registrations, fines assessed, pending criminal complaints, indictments, or convictions, administrative orders, draft orders, final orders, and judicial final judgments. C. Convictions of a criminal offense within the past ten (10) years, which resulted in bodily harm or death. d. Any other safety related matter deemed by the City Council to be material in determining the responsibility of the offeror and his or her ability to perform the services or goods required by the proposal documents in a safe environment, both for the workers and other employees of offeror and the citizens of the City of Lubbock. 3 In order to obtain proper information from offerors so that City of Lubbock may consider the safety records of potential contractors prior to awarding proposals on City contracts, City of Lubbock requires that offerors answer the following three (3) questions and submit them with their proposals: QUESTION ONE Has the offeror, or the firm, corporation, partnership, or institution represented by the offeror, or anyone acting for such firm, corporation, partnership or institution, received citations for violations of OSHA within the past three (3) years? YES / NO If the offeror has indicated YES for question number one above, the offeror must provide to City of Lubbock, with its proposal submission, the following information with respect to each such citation: Date of offense, location of establishment inspected, category of offense, final disposition of offense, if any, and penalty assessed. a 415lo5 i S� LA-i- Onift+�pro�eat $eariaus Clos'd ' 4i,50o p0 `mokt =2� Offe�rorJs Initials SIl2�OS' �e� tiw�+K �rtuN•� �lo�c•f � VNiouS � �.�o1gu.� � �;irJOD.ao _. uw� a1 walkway ) QUESTION TWO i Has the offeror, or the firm, corporation, partnership, or institution represented by the offeror, or anyone acting for such firm, corporation, partnership or institution, received citations for violations of environmental protection laws or regulations, of any kind or type, within the past five years? Citations include notice of violation, notice of enforcement, suspension/revocations of state or federal licenses, or registrations, fines assessed, pending criminal complaints, indictments, or convictions, administrative orders, draft orders, final orders, and judicial final judgments. YES NO If the offeror has indicated YES for question number two above, the offeror must provide to City of Lubbock, with its ¢ proposal submission, the following information with respect to each such conviction: Date of offense or occurrence, location where offense occurred, type of offense, final disposition of offense, if any, and penalty assessed. QUESTION THREE Has the offeror, or the firm, corporation, partnership, or institution represented by offeror, or anyone acting for such firm, corporation, partnership, or institution, ever been convicted, within the past ten (10) years, of a criminal offense which resulted in serious bodily injury or death? YES NO If the offeror has indicated YES for question number three above, the offeror must provide to City of Lubbock, with its proposal submission, the following information with respect to each such conviction: Date of offense, location where offense occurred, type of offense, final disposition of offense, in any, and penalty assessed. ACKNOWLEDGEMENT THE STATE OF TEXAS COUNTY OF LUBBOCK I certify that I have made no willful misrepresentations in this Questionnaire nor have I withheld information in my statements and answers to questions. I am aware that the information given by me in this questionnaire will be investigated, with my full permission, and that any misrepresentations or omissions may cause my proposal to be rejected. Sign e 1. Title 1 SUSPENSION AND DEBARMENT CERTIFICATION Federal Law (A-102 Common Rule and OMB Circular A-110) prohibits non -Federal entities from contracting with or making sub -awards under covered transactions to parties that are suspended or debarred or whose principals are suspended or debarred. Covered transactions include procurement contracts for goods or services equal to or in excess of $25,000 and all non -procurement transactions (e.g., sub -awards to sub -recipients). - Contractors receiving individual awards of $25,000 or more and all sub -recipients must certify that their organization and j its principals are not suspended or debarred by a Federal agency. Before an award of $25,000 or more can be made to your firm, you must certify that your organization and its principals are not suspended or debarred by a Federal agency. I, the undersigned agent for the firm named below, certify that neither this firm nor its principals are suspended or debarred by a Federal agency. COMPANY NAME: Z /,,/ < FEDERAL TAX ID or SOCIAL SEC RITJt'- No. Signature of Company Official: Printed name of company official s' ing above: Date Signed: � g ,G .�' /' , Page Intentionally Left Blank LIST OF SUBCONTRACTORS 1. Company Name and City ' _+1 nY Dirt at `�] W-n, LW6ftk, 75K Minority Owned Yes No L 2. Tom; s TY« P�ouc — `,u1obW.k . 1 x ❑ 3. 1. 6-44 Labs . T., . TXXL 4. ❑ 5. ❑ ❑ 6. ❑ �i 7. 8. ❑ a 9. C ❑ 10. 11. ❑ ❑ ❑ ❑ 12. ❑ 13. ❑ ❑ 14. ❑ ❑ 15. ❑ ❑ 16. ❑ ❑ THIS FORM SHALL BE COMPLETED AND RETURNED ALONG WITH YOUR PROPOSAL IF NO SUBCONTRACTORS WILL BE USED INDICATE SO PROPOSAL #08-707-DD - Pavement Repair and Compaction at 98th Street & Quaker Avenue 9 Paee Intentionally Left Blank PAYMENT BOND Page Intentionally Left Blank BOND NO. 6550725 STATUTORY PAYMENT BOND PURSUANT TO SECTION 2253.021(a) OF THE TEXAS GOVERNMENT CODE (CONTRACTS MORE THAN $25,000) UTILITY CONTRACTORS KNOW ALL MEN BY THESE PRESENTS, that OF AMERICA, LTD. (hereinafter called the Principal(s), as Principal(s), and SAFECO INSURANCE COMPANY OF AMERICA (hereinafter called the Surety( �ur�s�I 6bk&a� and unto the City of Lubbock (hereinafter called the Obligee), in the amount of FIFTY AND NO 100-----------------Dollars ($91,550.00 ) lawful money of the United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the 24TH day of APRIL ,2008,to PROPOSAL #08-707-DD - PAVEMENT REPAIR AND COMPACTION AT 98TH STREET & QUAKER AVENUE and said Principal under the law is required before commencing the work provided for in said contract to execute a bond in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then, this obligation shall be void; otherwise to remain in full force and effect; . PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Section 2253.021(a) of the Texas Government Code, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this 1ST day of MAY 2008. SAFECO INSURANCE COMPANY Surety OF AMERICA *By (Title) A HILL ATTORNEY -IN -FACT UTILITY CONTRACTORS OF AMERICA, (Company Name) LTD . By: &Y`rs /`aS (Printed a ) (Signature) Kr (Title) The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates HOWARD COWAN an agent resident in Lubbock County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship. SAFECO INSURANCE COMPANY OF Surety AMERICA * By: (Title)A HILL ATTORNEY —IN —FACT Approved as to form: City of Lubbock By: y Attorn y * Note: If signed by an officer of the Surety Company there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy of power of attorney for our files. 2 SAFECO" State of Texas Surety Bond Claim Notice In accordance with Section 2253.021(f) of the Texas Government Code and Section 53.202(6) of the Texas Property Code, any notice of claim to the named surety under this bond(s) should be sent to: SAFECO Surety Adams Building 4634 154th PL NE Redmond, WA 98052 Mailing Address: SAFECO Surety PO Box 34526 Seattle, WA 98124 Phone: (425) 376-6535 Fax: (425) 376-6533 www.SAFECO.com S A F E C O- POWER ► OF ATTORNEY KNOW ALL BY THESE PRESENTS: SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA HOME OFFICE: SAFECO PLAZA SEATTLE, WASHINGTON 98185 No. 11561 That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint sssss*sssssssssssss*sssssssssssss*s*ssssssssssssssssssst*HOWARD COWAN; MARLA HILL; Lubbock, Texas*'*sssssssssssss*sssssssssssss*##+++++*#sssss+ssss* its true and lawful attomey(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 2nd R.A. PIERSON, SECRETARY CERTIFICATE day of March k), 4944&464 W. RANDALL STODDARD, PRESIDENT Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: 2000 "Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attomeys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V, Section 13 of the By -Laws, and (ii) A copy of the power-of-attomey appointment, executed pursuant thereto, and (iii) Certifying that said power-of-attomey appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." 1, R.A. Pierson, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this 1ST CORPORATE SEAL a y SEAL s srlF Of WAS day of MAY R.A. PIERSON, SECRETARY 2008 S-09741SAEF 7198 ® Registered trademark of SAFECO Corporation. 3000 PDF CERTIFICATE OF INSURANCE Page Intentionally Left Blank ACORD CERTIFICATE OF LIABILITY INSURANCE 4/28i2o 8 PRODUCER (972) 772-7220 FAX: (972) 771-4695 K S Insurance en Agency 2255 Ridge Road, Ste 333 P O Box 277 Rockwall TX 75087 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED Utility Contractors of America, Inc., DBA: Utility Contractors of America, Ltd 927 Hwy. 62 Wolfforth TX 79382 INSURER A: Continental Casualty Co. INSURERB:Valley Forge Insurance Co INSURERC:U. S. Fire Ins. Co. INSURER D: Nat ' l Fire Ins. Co. of Hartford INSURER E: Travelers Insurance Co. OWH640 OVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWWMAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD'L INSRD TYPE OF INSURANCE POLICY NUMBER POLICY A EYMM/DD THE IWDD T10N PDATE EXPIRATION LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY � CLAIMS MADE FXIOCCUR 4 C2090553748 9/5/2007 9/5/2008 EACH OCCURRENCE $ 1,000,000 IMAGETORENT Dn _- $ 100,000 MEDEXP(Anvoneoerso n $ 5,000 PERSONAL & ADV INRY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY X JECOT LOC PRODUCTS - COMP/OP AGG $ 2,000,000 B AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIREDAUTOS NON -OWNED AUTOS C2090553751 9/5/2007 9/5/2008 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 X BODILY INJURY (Per person) $ X BODILY INJURY (Per accident) $ X PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA A AUTO ONLY: AGG $ $ C EXCESSIUMBRELLA LIABILITY X1 OCCUR CLAIMS MADE DEDUCTIBLE HX RETENTION 0 553-090364-1 9/5/2007 9/5/2008 EACH OCCURRENCE $ 2,000,000 AGGREGATE _ $ 2,000,000 $ $ D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below WC2090553765 9/5/2007 9/5/2008 WCYTATU- OTH- LIMIT z DRr E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 E E E OTHER Equipment Floater Installation Floater Rented/Leased Eq. QT6605376s228 QT6605376B228 IQT6605376B228 9/5/2007 9/5/2007 9/5/2007 9/5/2008 9/5/2008 1 9/5/2008 $4,126,140 w/$1000 Deductible $300,000 w/$1000 Deductible 1$200,000 Max.Limit DESCRIPTION OF OPERATIONS!LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Certificate Holder, its officers, agents and employees should be known as Additional insured with a Waiver of Subrogation in favor of the City of Lubbock when required by written contract. RE: Pavement Repair & Compaction @ 98th Street & Quaker Ave. RFP #08-707-DD. *Except 10 days notice for non-payment of premium. CERTIFICATE HOLDER _ (806)745-7577 City of Lubbock 1625 13th Street Lubbock, TX 79457 ACORD 25 (2001108) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE 2 Daiker-1/CHERYL OACORD CORPORATION 1988 P.— 1 of 7 CONTRACTORCHECKLIST A CONTRACTOR SHALL: (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filling of any coverage agreements; (2) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (3) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project; (4) obtain from each person providing services on a project, and provide to the governmental entity: (A) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (B) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the govermnental entity in writing by certified mail or personal delivery, within ten (10) days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (7) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other commission rules. This notice must be printed in at least 19-point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM OF A CERTIFICATE OF INSURANCE. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF LUBBOCK AS A PRIMARY ADDITIONAL INSURED AND PROVIDE A WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK, OR IN THE ALTERNATIVE, SHALL BE ACCOMPANIED BY A STATEMENT FROM THE CONTRACTOR TO THE EFFECT THAT NO WORK ON THIS PARTICULAR PROJECT SHALL BE SUBCONTRACTED. IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO PROVIDE TO THE OWNER ALL PROOF OF COVERAGE INSURANCE DOCUMENTS INCLUDING WORKERS COMPENSATION COVERAGE FOR EACHSUBCONTRACTOR. 3 r i REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must (see reverse) be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment and materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at 512-305-7238 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." and (8) contractually require each person with whom it contracts to provide services on a project, to: l (A) provide coverage based on proper reporting of classification codes and payroll amounts and tiling of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B) provide a certificate of coverage to the contractor prior to that person beginning work on the project; (C) include in all contracts to provide services on the project the language in subsection (e) (3) of this rule; (D) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each other person with whom it contracts, and provide to the contractor: (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (F) retain all required certificates of coverage on file for the duration of the project and for one year =- thereafter; (G) notify the governmental entity in writing by certified mail or personal delivery, within (ten) 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (H) contractually require each other person with whom it contracts, to perform as required by paragraphs (A) - (H), with the certificate of coverage to be provided to the person for whom they are providing services. 4 CONTRACT PaEe Intentionally Left Blank CONTRACT #8381 STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 241h day of April 2008 by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through the Mayor, City of Lubbock, thereunto authorized to do so, hereinafter referred to as OWNER, and UTILITY CONTRACTORS OF AMERICA LTD. of the City of WOLFFORTH, County of LUBBOCK and the State of TEXAS hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: PROPOSAL #08-707-DD - Pavement Repair and Compaction at 98th Street & Quaker Avenue - $91,550 and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Condition of Agreement. UTILITY CONTRACTORS OF AMERICA LTD. 'S proposal dated APRIL 3, 2008 is incorporated into and made a part of this agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the proposal submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. CONTRACTOR: COMPLETE ADDRESS: Company W1 N CP,+r&�a 4 /�.•1�F , tt�. Address `1-11 4""J . 61- City, State, Zip INaA4" TK -1 J91- ATTEST: Corporate Secretary CITY OF LUBB TEXAS (O R): MAYOR !t' ATTEST: ity S retary VED AS O FORM: T V -V ity tto e GENERAL CONDITIONS OF THE AGREEMENT Page Intentionally Left Blank GENERAL CONDITIONS OF THE AGREEMENT I. OWNER Whenever the word Owner, or First Party, are used in this contract, it shall be understood as referring to the City of Lubbock, Texas. 2. CONTRACTOR Whenever the word Contractor, or Second Party, is used, it shall be understood to mean the person, persons, co- partnership or corporation, to wit UTILITY CONTRACTORS OF AMERICA LTD, who has agreed to perform the work embraced in this contract, or their legal representative. OWNER'S REPRESENTATIVE Whenever the word Owner's Representative or representative is used in this contract, it shall be understood as referring to, City of Lubbock, or its representative WOOD FRANKLIN, P.E., CHIEF ENGINEER FOR WATER UTILITIES, so designated who will inspect constructions; or to such other representatives, supervisors, architects, engineers, or inspectors as may be authorized by said Owner to act in any particular under this agreement. Engineers, supervisors or inspectors will act for the Owner under the direction of Owner's Representative, but shall not directly supervise the Contractor or persons acting on behalf of the Contractor. 4. CONTRACT DOCUMENTS The contract's documents shall consist of the Notice to Offerors, General Instructions to Offerors, Proposal, Signed Agreement, Statutory Bonds (if required), General Conditions of the Agreement, Special Conditions of the Agreement (if any), Specifications, Plans, Insurance Certificates, and all other documents made available to Offeror for inspection in accordance with the Notice to Offerors. The above described materials are sometimes referred to herein as the "contract" or "contract documents". 5. INTERPRETATION OF PHRASES Whenever the words "Directed," "Permitted," "Designated," "Required," "Considered Necessary," "Prescribed," or words of like import are used, it shall be understood that the direction, requirement, pennission, order, designation or prescription of the Owner's Representative is intended; and similarly, the words "Approved," "Acceptable," "Satisfactory," or words of like import shall mean approved by or acceptable or satisfactory to the Owner's Representative. 6. SUBCONTRACTOR The term Subcontractor, as employed herein, includes only those having a direct contract with the Contractor for performance of work on the project contemplated by these contract documents. Owner shall have no responsibility to any Subcontractor employed by Contractor for performance of work on the project contemplated by these contract documents, but said Subcontractors will look exclusively to Contractor for any payments due Subcontractor. The City reserves the right to approve or disapprove the selection of any subcontractor(s). 7. WRITTEN NOTICE Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent certified mail to the last business address known to the party who gives the notice. CONTRACTOR'S RESPONSIBILITIES Unless otherwise stipulated, the Contractor shall provide and pay for all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and all water, light, power, fuel, transportation and all other facilities necessary for the execution and completion of the work covered by the contract documents. Unless otherwise specified, all materials shall be new and both workmanship and materials shall be of a good quality. The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials. Materials or work described in words which so applied have well known, technical or trade meaning shall be held to refer such recognized standards. All work shall be done and all materials furnished in strict conformity with the contract documents. 9. SUBSTANTIALLY COMPLETED The terns "Substantially Completed" is meant that the structure or project contemplated by the contract documents has been made suitable for use or occupancy or the facility is in a condition to serve its intended purpose, but still may require minor miscellaneous work and adjustment. 10. LAYOUT Except as specifically provided herein, the Contractor shall be responsible for laying out all work and shall accomplish this work in a manner acceptable to the Owner's Representative. The Owner's Representative will check the Contractor's layout of all major structures and any other layout work done by the Contractor at Contractor's request, but this check does not relieve the Contractor of the responsibility of correctly locating all work in accordance with the Plans and Specifications. 11. KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE The Contractor shall be furnished copies of all Plans and Specifications without expense to Contractor and Contractor shall keep one copy of same consistently accessible on the job site. 12. RIGHT OF ENTRY The Owner's Representative may make periodic visits to the site to observe the progress or quality of the executed work and to determine, in general, if the work is proceeding in accordance with the contract documents. Owner's Representative will not be required to make exhaustive or continuous onsite inspections to check the quality or quantity of the work, nor will Owner's Representative be responsible for the construction means, methods, techniques, sequences or procedures, or the safety precautions incident thereto. Notwithstanding the Owner's Representative's rights of entry hereunder, the Owner's Representative will not be responsible for the Contractor's failure to perform the work in accordance with the Contract Documents. 13. LINES AND GRADES All lines and grades shall be furnished by the Owner's Representative whenever Owner's Representative deems said lines and grades are necessary for the commencement of the work contemplated by these contract documents or the completion of the work contemplated by these contract documents. Whenever necessary, Contractor shall suspend its work in order to permit Owner's Representative to comply with this requirement, but such suspension will be as brief as practical and Contractor shall be allowed no extra compensation therefore. The Contractor shall give the Owner's Representative ample notice of the time and place where lines and grades will be needed. All stakes, marks, etc., shall be carefully preserved by the Contractor, and in case of careless destruction or removal by Contractor, its Subcontractors, or its employees, such stakes, marks, etc., shall be replaced by the Owner's Representative at Contractor's expense. 14. OWNER'S REPRESENTATIVE'S AUTHORITY AND DUTY Unless otherwise specified, it is mutually agreed between the parties to this Agreement that the Owner's Representative has the authority to review all work included herein. The Owner's Representative has the authority to stop the work whenever such stoppage may be necessary to ensure the proper execution of the contract. The Owner's Representative shall, in all cases, determine the amounts and quantities of the several kinds of work which are to be paid for under the contract documents, and shall determine all questions in relation to said work and the construction thereof, and shall, in all cases, decide every question which may arise relative to the execution of this contract on the part of said Contractor. The decision of the Owner's Representative shall be conclusive in the absence of written objection to same delivered to Owner's Representative within fifteen (15) calendar days of any decision or direction by Owner's Representative. In the absence of timely written objection by Contractor, as provided herein, any and all objection or objections shall be deemed waived. 15. SUPERINTENDENCE AND INSPECTION It is agreed by the Contractor that the Owner's Representative shall be and is hereby authorized to appoint from time to time such subordinate engineers, supervisors, or inspectors as the said Owner's Representative may deem proper to inspect the materials furnished and the work done under this Agreement, and to see that said material is furnished and said work is done in accordance with the specifications therefore. The Contractor shall furnish all reasonable aid and assistance required by the subordinate engineers, supervisors or inspectors for the proper inspection and examination of the work. The Contractor shall regard and obey the directions and instructions of any subordinate engineers, supervisors or inspectors so appointed, when such directions and instructions are consistent with the obligations of this Agreement and accompanying plans and specifications provided, however, should the Contractor object to any orders by any subordinate engineer, supervisor or inspector, the Contractor may within fifteen (15) calendar days make written appeal to the Owner's Representative for its decision. In the absence of timely written objection by Contractor, as provided herein, any and all objection or objections shall be deemed waived. 16. CONTRACTOR'S DUTY AND SUPERINTENDENCE The Contractor shall give personal attention to the faithful prosecution and completion of this contract and shall keep on the work, during its progress, a competent superintendent and any necessary assistants, all satisfactory to Owner's Representative. The superintendent shall represent the Contractor in its absence and all directions given to superintendent shall be binding as if given to the Contractor. It is expressly agreed that adequate supervision by competent and reasonable representatives of the Contractor is essential to the proper performance of the work and lack of such supervision shall be grounds for suspending operations of the Contractor. The work, from its commencement to completion, shall be under the exclusive charge and control of the Contractor and all risk in connection therewith shall be borne by the Contractor. The Owner or Owner's Representatives shall not be responsible for the acts or omissions of the Contractor, or any subcontractors, or any of Contractor's agents or employees, or any other persons performing any of the work. 17. CONTRACTOR'S UNDERSTANDING It is understood and agreed that the Contractor has, by careful examination, satisfied itself as to the nature and location of the work, the confirmation of the ground, the character, quality and quantity of materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the work, and the general and local conditions, and all other matters which in any way affect the work under the contract documents. No oral agreement or conversation with any officer, agent, or employee of the Owner, or Owner's Representative either before or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained. Subject to the rights of Owner as set forth in Paragraph 23 hereof, all 18 19. 20. 21. modifications and/or amendments to the contract documents, shall be in writing, and executed by Owner's Representative and Contractor. Unless otherwise specified herein, all loss, expense or damage to Contractor arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstance and the prosecution of the work, shall be sustained and borne by the Contractor at its own cost and expense. CHARACTER OF WORKERS The Contractor agrees to employ only orderly and competent workers, skillful in the performance in the type of work required under this contract, to do the work; and agrees that whenever the Owner's Representative shall inform Contractor in writing that any man or men on the work, are, in Owner's Representative's sole opinion, incompetent, unfaithful, disorderly, or otherwise unacceptable to Owner or Owner's Representative, such man or men shall be discharged from the work and shall not again be employed on the work without the Owner's Representative's written consent. CONSTRUCTION PLANT The Contractor shall provide all labor, tools, equipment, machinery and materials necessary in the prosecution and completion of this contract where it is not otherwise specifically provided that Owner shall furnish same, and it is also understood that Owner shall not be held responsible for the care, preservation, conservation, or protection of any materials, tools, equipment or machinery or any part of the work until it is finally completed and accepted. The building of structures for the housing of men or equipment will be pennitted only at such places as the Owner's Representative shall consent or direct, and the sanitary conditions of the grounds in or about such structure shall at all times be maintained in a manner satisfactory to the Owner's Representative. SANITATION Necessary sanitary conveniences for the use of laborers on the work site, properly secluded from public - observation, shall be constructed and maintained by the Contractor in such manner and at such points as shall be approved by the Owner's Representative and their use shall be strictly enforced. OBSERVATION AND TESTING The Owner or Owner's Representative shall have the right at all times to observe and test the work. Contractor shall make necessary arrangements and provide proper facilities and access for such observation and testing at any location wherever such work is in preparation or progress. Contractor shall ascertain the scope of any ob::.;rvation that may be contemplated by Owner or Owner's Representative and shall give ample notice as to the time each part of the work will be ready for such observation. Owner or Owner's Representative may reject any such work found to be defective or not in accordance with the contract documents, regardless of the stage of its completion or the time or place of discovery of such errors and regardless of whether Owner's Representative has previously ; accepted the work through oversight or otherwise. If any such work should be covered without approval or i consent of the Owner, it must, if requested by Owner or Owner's Representative, be uncovered for examination at Contractor's expense. In the event that any part of the work is being fabricated or manufactured at a location where it is not convenient for Owner or Owner's Representative to make observations of such work or require x testing of said work, then in such event Owner or Owner's Representative may require Contractor to furnish Owner or Owner's Representative certificates of inspection, testing or approval made by persons competent to perform such tasks at the location where that part of the work is being manufactured or fabricated. All sucL tests will be in accordance with the methods prescribed by the American Society for Testing and Materials or such other applicable organization as may be required by law or the contract documents. 4 If any such work which is required to be inspected, tested, or approved is covered up without written approval or consent of the Owner or Owner's Representative, it must, if requested by the Owner or Owner's Representative, be uncovered for observation and testing at the Contractor's expense. The cost of all such inspections, tests and approvals shall be borne by the Contractor unless otherwise provided herein. Any work which fails to meet the requirements of any such tests, inspections or approvals, and any work which meets the requirements of any such tests or approvals but does not meet the requirements of the contract documents shall be considered defective, and shall be corrected at the Contractor's expense. Neither observations by the Owner or Owner's Representative, nor inspections, tests, or approvals made by Owner, Owner's Representative, or other persons authorized under the contract documents to make such inspections, tests, or approvals shall relieve the Contractor from its obligation to perforn the work in accordance with the requirements of the contract documents. 22. DEFECTS AND THEIR REMEDIES It is expressly agreed that if the work or any part thereof, or any material brought on the site of the work for use in the work or selected for the same, shall be deemed by the Owner or Owner's Representative as unsuitable or not in conformity with plans, specifications and/or contract documents, the Contractor shall, after receipt of written notice thereof from the Owner's Representative, forthwith remove such material and rebuild or otherwise remedy such work so that it shall be in full accordance with the contract documents. It is further agreed that any remedial action contemplated as hereinabove set forth shall be at Contractor's expense. 23. CHANGES AND ALTERATIONS The Contractor further agrees that the Owner may make such changes and alterations as the Owner may see fit, in the line, grade, form dimensions, plans or materials for the work herein contemplated, or any part thereof, either before or after the beginning of the construction, without affecting the validity of this contract and the accompanying bond. If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a - claim for damages, or anticipated profits on the work that may be dispensed with. If they increase the amount of work, and the increased work can fairly be classified under the specifications, such increase shall be paid according to the quantity actually done and at the unit price established for such work under this contract; otherwise such additional work shall be paid for as provided under Extra Work. In case the Owner shall make such changes or alterations as shall make useless any work already done or material already furnished or used in said work, then the Owner shall recompense the Contractor for any material or labor so used, and for actual expenses incurred in preparation for the work as originally planned. 24. EXTRA WORK The term "extra work" as used in this contract shall be understood to mean and include all work that may be required by the Owner or Owner's Representative to be done by the Contractor to accomplish any change, alteration or addition to the work as shown on the plans and specifications or contract documents and not covered by Contractor's proposal, except as provided under Changes and Alterations herein. It is agreed that the Contractor shall perform all cxtra work under the direction of the Owner's Representative when presented with a written work order signed by the Owner's Representative; subject, however, to the right of the Contractor to require written confirmation of such extra work order by the Owner. It is also agreed that the compensation to be paid to the Contractor for performing said extra work shall be determined by the following methods: Method (A) - By agreed unit prices; or Method (B) - By agreed lump sum; or Method (C) - If neither Method (A) or Method (B) be agreed upon before the extra work is j commenced, then the Contractor shall be paid the lesser of the following: (1) actual field cost of the extra work, plus fifteen (15%) percent; or (2) the amount that would have been charged by a reasonable and prudent Contractor as a reasonable and necessary cost for performance of the extra work. In the event said extra work be perfonned and paid for under Method (C)(1), then the provisions of this paragraph shall apply and the "actual field cost" is hereby defined to include the cost of all workmen, such as foremen, timekeepers, mechanics and laborers, materials, supplies, teams, trucks, rentals on machinery and equipment, for the time actually employed or used on such extra work, plus actual transportation charges necessarily incurred, together with all expenses incurred directly on account of such extra work, including Social Security, Old Age Benefits, Maintenance Bonds, Public Liability and Property Damage and Workers' Compensation and all other insurances as may be required by law or ordinances or directed by the Owner or Owner's Representative, or by them agreed to. Owner's Representative may direct the form in which accounts of the actual field cost shall be kept and records of these accounts shall be made available to the Owner's Representative. The Owner's Representative may also specify in writing, before the work comunences, the method of doing the work and the type and kind of machinery and equipment to be used; otherwise, these matters shall be determined by the Contractor. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be determined by using 100%, unless otherwise specified, of the latest Schedule of Equipment and Ownership Expenses adopted by the Associated General Contractors of America. Where practical, the terms and prices for the use of machinery and equipment shall be incorporated in the written extra work order. The fifteen percent (15%) of the actual field cost to be paid to Contractor shall cover and compensate Contractor for its profit, overhead, general superintendence and field office expense, and all other elements of cost and expense not embraced within the actual field cost as herein defined, save that where the Contractor's Camp or Field Office must be maintained primarily on account of such Extra Work, then the cost to maintain and operate the same shall be included in the "actual field cost." No claim for extra work of any kind will be allowed unless ordered in writing by Owner's Representative. In case any orders or instructions appear to the Contractor to involve extra work for which Contractor should receive compensation or an adjustment in the construction time, Contractor shall prior to commencement of such extra work, make written request to the Owner's Representative for a written order authorizing such extra work.Should a difference of opinion arise as to what does or does not constitute extra work or as to the payment therefore, and the Owner's Representative insists upon its performance, the Contractor shall proceed with the work after making written request for written order and shall keep adequate and accurate account of the actual field cost thereof, as provided under Method (C) (1). If Contractor does not notify Owner's Representative before the commencement of any extra work, any claim for payment due to alleged extra work shall be deemed waived. 25. DISCREPANCIES AND OMISSIONS It is further agreed that it is the intent of the contract documents that all work described in the proposal, the specifications, plans and other contract documents, is to be done for the prices quoted by the Contractor and that such price shall include all appurtenances necessary to complete the work in accordance with the intent of these contract documents as interpreted by Owner's Representative. Notices of any discrepancies or omissions in these plans, specifications, or contract documents, shall be given to the Owners' Representative and a clarification obtained before the proposals are received, and if no such notice is received by the Owner's Representative prior to the opening of proposals, then it shall be deemed that the Contractor fully understands the work to be included and has provided sufficient sums in its proposal to complete the work in accordance with these plans and specifications. If Contractor does not notify Owner's Representative before offering of any discrepancies or omissions, then it shall be deemed for all purposes that the plans and specifications are sufficient and adequate for completion of the project. It is further agreed that any request for clarification must be submitted no later than five (5) calendar days prior to the opening of proposals. 26. RIGHT OF OWNER TO MODIFY METHODS AND EQUIPMENT If at any time the methods or equipment used by the Contractor are found to be inadequate to secure the quality of work with the rate of progress required under this contract, the Owner or Owner's Representative may order the Contractor in writing to increase their safety or improve their character and efficiency and the Contractor shall comply with such order. If, at any time, the working force of the Contractor is inadequate for securing the progress herein specified, the Contractor shall, if so ordered in writing, increase its force or equipment, or both, to such an extent as to give reasonable assurance of compliance with the schedule of progress. 27. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC AND GENERAL INDEMNITY The Contractor shall take out and procure a policy or policies of Workers' Compensation Insurance with an - insurance company licensed to transact business in the State of Texas, which policy shall comply with the Workers' Compensation laws of the State of Texas. The Contractor shall at all times exercise reasonable precaution for the safety of employees and others on or near the work and shall comply with all applicable provisions of federal, state and municipal laws and building and construction codes. All machinery and equipment and other physical hazards shall be guarded in accordance with the "Manual of Accident Prevention in Construction" of Associated General Contractors of America, except where incompatible with federal, state or municipal laws or regulations. The Contractor, its sureties and insurance carriers shall defend, indemnify and hold harmless the Owner and all of its officers, agents and employees against any all losses, costs, damages, expenses, liabilities, claims and/or causes of action, whether known or unknown, fixed, actual, accrued or contingent, liquidated or unliquidated, including, but not limited to, attorneys' fees and expenses, in connection with, incident to, related to, or arising out of, the Contractor's or any subcontractor's, agent's or employee's, in any manner whatsoever, omission, execution and/or supervision of this contract, and the project which is the subject matter of this contract. The safety precautions- taken shall be the sole responsibility of the Contractor, in its sole discretion as an Independent Contractor; inclusion of this paragraph in the Agreement, as well as any notice which may be given by the Owners or the Owner's Representative concerning omissions under this paragraph as the work progresses, are intended as reminders to the Contractor of its duty and shall not be construed as any assumption of duty to supervise safety precautions by either the Contractor or any of its subcontractors. 28. CONTRACTOR'S INSURANCE The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or any material change will be provided ten (10) calendar days in advance of cancellation or change. All policies of insurance, required herein, including policies of insurance required to be provided by Contractor and its subcontractors, shall contain a waiver of any and all of the insurer's or payor's, in the event of self- insurance, rights to subrogation that any such insurer or payor, in the event of self-insurance, may acquire by - virtue of payment of any loss under such insurance or self-insurance. All certificates of insurance submitted to the City in conformity with the provisions hereof shall establish such waiver. The Contractor shall procure and carry at its sole cost and expense through the life of this contract, insurance protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such insurance shall be carried with an insurance company authorized to transact business in the State of Texas and shall cover all operations in connection with this contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A certificate of insurance specifying each and all coverages shall be submitted prior to contract execution. PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM OF A CERTIFICATE OF INSURANCE ALONG WITH A COPY OF THE ADDITIONAL INSURED ENDORSEMENT. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF LUBBOCK AS A PRIMARY ADDITIONAL INSURED AND PROVIDE A WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK AS REQUIRED BELOW, OR IN THE ALTERNATIVE, SHALL BE ACCOMPANIED BY A STATEMENT FROM THE CONTRACTOR TO THE EFFECT THAT NO WORK ON THIS PARTICULAR PROJECT SHALL BE SUBCONTRACTED. IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO PROVIDE TO THE OWNER ALL PROOF OF COVERAGE INSURANCE DOCUMENTS INCLUDING WORKERS COMPENSATION COVERAGE FOR EACH SUBCONTRACTOR. A. Commercial General Liability Insurance (Primary Additional Insured and Waiver of Subrogation required) The contractor shall have Comprehensive General Liability Insurance with limits of $1,000,000 Combined Single Limit in the aggregate and per occurrence to include: Products & Completed Operations Hazard Contractual Liability Personal Injury & Advertising Injury With Heavy Equipment Endorsement B. Owner's and Contractor's Protective Liability Insurance - NOT REQUIRED C. Comprehensive Automobile Liability Insurance (Waiver of Subrogation Required) The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less than; Bodily Injury/Property Damage, $500,000 Combined Single Limit, to include all owned and non -owned cars including: Employers Non -ownership Liability Hired and Non -owned Vehicles. F. Worker's Compensation and Employers Liability Insurance (Waiver of Subrogation required) Worker's Compensation Insurance covering all employees whether employed by the Contractor or any Subcontractor on the job with Employers Liability of at least $500,000 Definitions: Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to self -insure issued by the commission, or a coverage agreement (TWCC-81, TWCC- 82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the Contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in Section 406.096, Texas Labor Code) - includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner - operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. 4. If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project, the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. The Contractor shall obtain from each person providing services on the project, and provide to the governmental entity: (a) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (b) no later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. The Contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. 7. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. The Contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, infonning all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. The Contractor shall contractually require each person with whom it contracts to provide services on the project, to: (a) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (b) provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; G (c) provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (d) obtain from each other person with whom it contracts, and provide to the Contractor: (1) a certificate of coverage, prior to the other person beginning work on the project; and 1 (2) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (e) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (f) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (g) contractually require each person with whom it contracts fo perform as required by paragraphs (a) - (g), with the certificates of coverage to be provided to the person for whom they are providing services. 10. By signing this contract or providing or causing to be provided a certificate of coverage, the Contractor is representing to the governmental entity that all employees of the Contractor who �- will provide services on the project will be covered by worker's compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with"the appropriate insurance carrier or, in the case of a self -insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. 11. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor which entitles the governmental entity to declare the contract void if the Contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. Proof of Coverage Before work on this contract is commenced, each Contractor and subcontractor shall submit to the Owner for approval five Certificates of Insurance covering each insurance policy carried and offered as evidence of compliance with the above insurance requirements, signed by an authorized representative of the insurance company setting forth: (1) The name and address of the insured. (2) The location of the operations to which the insurance applies. (3) The name of the policy and type or types of insurance in force thereunder on the date borne by such certificate. (4) The expiration date of the policy and the limit or limits of liability thereunder on the date borne by such certificate. V (5) A provision that the policy may be canceled only by mailing written notice to the named insured at the address shown in the proposal specifications. (6) A provision that written notice shall be given to the City ten days prior to any change in or cancellation of the policies shown on the certificate. (7) The certificate or certificates shall be on the form (or identical copies thereof) contained in the job specifications. No substitute of nor amendment thereto will be acceptable. (8) If policy limits are paid, new policy must be secured for new coverage to complete project. (9) A Contractor shall: (a) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filling of any coverage agreements; (b) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (c) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project; (d) obtain from each person providing services on a project, and provide to the governmental entity: (i) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (ii) no later than seven days after receipt by the Contractor; a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (e) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (f) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (g) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Texas Worker's Compensation Act or other commission rules. This notice must be printed with a title in at least 30-point bold type and text in at least 19-point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or otherservice related to the project, regardless of the identity of their employer or status as an employee. " 11 (h) "Call the Texas Workers' Compensation Commission at 800-372-7713 or 512-804- 4000 (wNtw.tdi.state.tr.us) to receive information of the legal requirements for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage; " and contractually require each person with whom it contracts to provide. services on a project, to: (i) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (ii) provide a certificate of coverage to the Contractor prior to that person beginning work on the project; (iii) include in all contracts to provide services on the project the following language: "By signing this contract or providing or causing to be provided a certificate of coverage, the person signing this contract is representing to the governmental entity that all employees of the person signing this contract who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reprinting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self -insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties,. civil penalties, or other civil actions."; (iv) provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (v) obtain from each other person with whom it contracts, and provide to the ` Contractor: (1) a certificate of coverage, prior to the other person beginning work on the project; and (_ (2) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown j on the current certificate of coverage ends during the duration of the 1 project; (vi) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (vii) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (viii) contractually require each other person with whom it contracts, to perform as required by paragraphs (i)-(viii), with the certificate of coverage to be provided to the person for whom they are providing services. 12 29. DISABLED EMPLOYEES Contractors having more than fifteen (15) employees agree to comply with the Americans with Disabilities Act of 1990, and agree not to discriminate against a qualified individual with a disability because of the disability of such individual in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment. 30. PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS LABORERS MATERIALMEN AND FURNISHERS OF MACHINERY, EQUIPMENT AND SUPPLIES Without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor agrees that it will indemnify and save the Owner and all of its officers, agents and employees, harmless against any and all claims, liabilities, losses, damages, expenses and causes of action arising out of, in any way, manner or form, the demands of subcontractors, laborers, workmen, mechanics, material men and furnishers of machinery and parts thereof, equipment, power tools, and supplies, incurred in the performance of this contract and the project which is the subject matter of this contract. When Owner so desires, the Contractor shall furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or waived. 31. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION The Contractor shall pay all royalties and license fees, and shall provide for the use of any design, device, material or process covered by letters patent or copyright by suitable legal agreement with the Patentee or owner thereof. Without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor shall defend all suits or claims for infringement of any patent or copyrights and shall indemnify and save the Owner, and all of its officers, agents and employees harmless from any loss on account thereof, except that Owner shall defend all such suits and claims and shall be responsible for all such loss when a particular design, device, material or process or the product of a particular manufacturer or manufacturers is specified or required in these contract documents by Owner; provided, however, if choice of alternate design, device, material or process is allowed to the Contractor, then Contractor shall indemnify and save Owner, and all of its officers, -. agents and employees harmless from any loss on account thereof. Notwithstanding anything herein to the contrary, if the material or process specified or required by Owner and/or this contract is an infringement, the Contractor shall be responsible for such loss unless it gives written notice of such infringement to the Owner's Representative prior to offering. 32. LAWS AND ORDINANCES The Contractor shall at all times observe and comply with all federal, state and local laws, ordinances and regulations, which in any manner affect the contract or the work, and without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, Contractor shall indemnify and save harmless the Owner, and all of its officers, agents, and employees against any claims arising from the violation of any such laws, ordinances, and regulations, whether by the Contractor, its employees, or subcontractors. If the Contractor observes that the plans and specifications are at variance therewith, he shall notify the Owner's Representative in writing prior to proposing and any necessary changes shall be adjusted as provided in the contract for changes in the work. In the absence of timely written notification to Owner's Representative of such variance or variances within said time, any objection and/or assertion that the plans and specifications are at variance with any federal, state or local laws, ordinances or regulations shall be deemed waived. If the Contractor, its employees or subcontractors perform any work contrary to such laws, ordinances, rules and regulations, and without such notice to the Owner's Representative, Contractor shall bear all costs arising there from. The Owner is a municipal corporation of the State of Texas and the law from which it derives its powers, insofar as the same regulates the objects for which, or the manner in which, or the conditions under which the Owner may 13 enter into contracts, shall be controlling, and shall be considered as part of this contract to the same effect as though embodied herein. 33. SUBCONTRACTING The Contractor agrees that it will retain personal control and will give its personal attention to the fulfillment of this contract. The Contractor further agrees that subletting of any portion or feature of the work, or materials required in the performance of this contract, shall not relieve the Contractor from its full obligations to the Owner, as provided by the contract documents. 34. TIME FOR SUBSTANTIAL COMPLETION AND LIQUIDATED DAMAGES It is hereby understood and mutually agreed by and between the Contractor and the Owner, that the date of beginning and time for completion as specified in the contract documents, of work to be done hereunder are essential conditions of this contract; and it is further mutually understood and agreed that the work embraced in this contract shall be connnenced as provided in the contract documents. If the Contractor should neglect, fail, or refuse to substantially complete the work within the time herein specified, then the Contractor does hereby agree as part of the consideration for the awarding of this contract, the Owner may withhold permanently from Contractor's total compensation, the sum of $1,000 (ONE THOUSAND) PER DAY, not as a penalty, but as liquidated damages for the breach of the contract as herein set forth for each and every working day that the Contractor shall be in default after the time stipulated for substantially completing the work. It is expressly understood and agreed, by and between Contractor and the Owner, that the time for the substantial completion of the work described herein is reasonable time for the completion of the same, taking into consideration the average climatic range and conditions and usual industrial conditions prevailing in this locality. The amount is fixed and agreed upon by and between the Contractor and the Owner because the actual damages the Owner would, sustain in such event would be difficult and/or impossible to estimate, however, the amount agreed upon herein is a reasonable forecast of the amount necessary to render just compensation to Owner, and is expressly agreed to be not disproportionate to actual damages as measured at time of breach. IT IS FURTHER AGREED AND UNDERSTOOD BETWEEN THE CONTRACTOR AND OWNER THAT TIME IS OF THE ESSENCE OF THIS CONTRACT. 35. TIME AND ORDER OF COMPLETION It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Contractor shall be allowed to prosecute its work at such time and sessions, in such order of precedence, and in such manner as shall be most conductive to economy of construction; provided, however, that the order and time of prosecution shall be such that the work shall be substantially completed as a whole and in part, in accordance with this contract, the plans and specifications, and within the time of completion designated in the proposal; provided, also, that when the Owner is having other work done, either by contract or by its own force, the Owner's Representative may direct the time and manner of constructing work done under this contract so that conflicts will be avoided and the construction of the various works being clone for the Owner shall be harmonized. The Contractor shall submit, at such times as may reasonably be requested by the Owner's Representative, schedules which shall show the order in which the Contractor intends to carry on the work, with dates at which the Contractor will start the several parts of the work and estimated dates of completion of the several parts. 14 36. TIME OF PERFORMANCE The Contractor agrees that it has submitted its proposal in full recognition of the time required for the completion of this project, taking into consideration the average climatic range and industrial conditions prevailing in this locality, and has considered the liquidated damage provisions of paragraph 34 hereinabove set forth and expressly. agrees that it shall not be entitled to, nor will it request, an extension of time on thus contract, except when its work has been delayed by an act or neglect of the Owner, Owner's Representative, employees of the Owner or other contractors employed by the Owner, or by changes ordered in the work, or by strike, walkouts, acts of God or the public enemy, fire or flood. Any request for extension shall be in writing with the written request for same setting forth all justifications, in detail, for the request, and submitted to Owner's Representative within twenty (20) calendar days of the occurrence of the event causing said delay. A failure by Owner's Representative to affirmatively grant the extension no later than twenty (20) calendar days of written submission by Contractor shall be deemed a denial, and final. Further, in the absence of timely written notification of such delay and request for extension, as provided herein, any request for extension by Contractor shall be deemed waived. 37. HINDRANCE AND DELAYS In executing the contract, the Contractor agrees that in undertaking to complete the work within the time herein fixed, Contractor has taken into consideration and made allowances for all hindrances and delays incident to such work, whether growing out of delays due to unusual and unanticipated circumstances, difficulties or delays in securing material or workmen, or any other cause or occurrence. No charge shall be made by the Contractor for hindrance or delays from any cause during the progress of any part of the work embraced -in this contract except where the work is stopped by order of the Owner or Owner's Representative for the Owner's convenience, in which event, such expense as in the sole judgment of the Owner's Representative that is caused by such stoppage shall be paid by Owner to Contractor. 38. QUANTITIES AND MEASUREMENTS No extra or customary measurements of any kind will be allowed, but the actual measured or computed length, area, solid contents, number and weight oily shall be considered, unless otherwise specifically provided. In the - event this contract is let on a unit price basis, then Owner and Contractor agree that this contract, including the specifications; plans and other contract documents are intended to show clearly all work to be done and material to be furnished hereunder. Where the estimated quantities are shown, and only when same are expressly stated to be estimates, for the various classes of work to be done and material to be furnished under this contract, they are approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing their proposals offered for the work. In the event the amount of work to be done and materials to be furnished are expressly stated to be estimated, and only when same are expressly stated to be estimated, it is understood and agreed that the actual amount of work to be done and the materials to be furnished under this contract may differ somewhat from these estimates, and that where the basis for payment under this contract is the unit price method, payment shall be for the actual amount of work done and materials furnished on the project. 39. PROTECTION OF ADJOINING PROPERTY - The Contractor shall take proper means to protect the adjacent or adjoining property or properties in any way encountered, which may be injured or seriously affected by any process of construction to be undertaken under this agreement, from any damage or injury by reason of said process of construction; and Contractor shall be i_. liable for any and all claims for such damage on account of his failure to fully protect all adjacent property. Without limiting, in any way, manner and form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor agrees to indemnify, save and hold harmless the Owner, and any of its officers, agents and employees, against any and all claims or damages due to any injury to any adjacent or adjoining property, related to, arising from or growing out of the performance of this contract. 15 i 40. PRICE FOR WORK In consideration of the furnishing of all necessary labor, equipment and material and the completion of all work by the Contractor, and on the delivery of all materials embraced in this contract in full conformity with the specifications and stipulations herein contained, the Owner agrees to pay the Contractor the price set forth in the proposal attached hereto, which has been made a part of this contract, and the Contractor hereby agrees to receive such price in full for furnishing all materials and all labor required for the aforesaid work, also, for all expenses incurred by Contractor and for well and truly performing the same and the whole thereof in the manner and according to this agreement, the attached specifications, plans, contract documents and requirements of Owner's Representative. 41. PAYMENTS No payments made or certificates given shall be considered as conclusive evidence of the performance of the contract, either wholly or in part, nor shall any certificate or payment be considered as acceptance of defective work. Contractor shall at any time requested during the progress of the work furnish the Owner or Owner's Representative with a verifying certificate showing the Contractor's total outstanding indebtedness in connection with the work. Before final payment is made, Contractor shall satisfy Owner, by affidavit or otherwise, that there are no outstanding liens against Owner's premises by reason of any work under the contract. Acceptance by Contractor of final payment of the contract price shall constitute a waiver of all claims against Owner, Owner's agents and employees, which have not theretofore been timely filed as provided in this contract. 42. PARTIAL PAYMENTS On or before the tenth day of each month, the Contractor shall submit to Owner's Representative an application for partial payment or, if the Contractor does not submit such application, the Owner's -Representative shall determine the amount to be partially paid. Owner's Representative shall review said application for partial payment if submitted, and the progress of the work made by the Contractor and if found to be in order, shall prepare a certificate for partial payment showing as- completely as practical the total value of the work dono by the Contractor. up to and including the last day of the preceding month. The determination of the partial payment by the Owner's Representative shall be in accordance with Paragraph 14 hereof. The Owner shall then pay the Contractor on or before the fifteenth day of the current month the total amount of the Owner's Representative's Certificate of Partial Payment, less 5% of the amount thereof, which 5% shall be retained until final payment, and further, less all previous payments and all further sums that may be retained by Owner under the terms of the contract documents. Any partial payment made hereunder shall not constitute a waiver by the Owner of any and all other rights to enforce the express tenns of the contract documents, and all remedies provided therein, as to any and all work - performed, to be performed • and/or materials delivered hereunder, including, but limited to, work to which said partial payment is attributable. 43. SUBSTANTIAL COMPLETION Contractor shall give Owner's Representative written notice of substantial completion. Within thirty-one (31) working days after the Contractor has given the Owner's Representative written notice that the work has been substantially completed, the Owner's Representative and/or the Owner shall inspect the work and within said time, if the work be found to be substantially completed in accordance with the contract documents, the Owner's Representative shall issue to the Owner and Contractor a certificate of substantial completion. Notwithstanding the issuance of a certificate of substantial completion, Contractor shall proceed with diligence to finally complete the work within the time provided in this contract. 16 44. FINAL COMPLETION AND PAYMENT The Contractor shall give written notice to Owner's Representative of final completion. Upon written notice of final completion, the Owner's Representative shall proceed to make final measurement to determine whether final completion has occurred. If the Owner's Representative determines final completion has occurred, Owner's Representative shall so certify to the Owner. Upon certification by Owner's Representative of final completion, Owner shall pay to the Contractor on or before the 31 st working day after the date of certification of final completion, the balance due Contractor under the terms of this agreement. Neither the certification of final completion nor the final payment, nor any provisions in the contract documents shall relieve the Contractor of the obligation for fulfillment of any warranty which may be required in the contract documents and/or any warranty or warranties implied by law or otherwise. ._ 45. CORRECTION OF WORK Contractor shall promptly remove from Owner's premises all materials condemned by the Owner's Representative on account of failure to conform to the contract documents, whether actually incorporated in the work or not, and Contractor shall at its own expense promptly replace such condemned materials with other materials confonning to the requirements of the contract documents. Contractor shall also bear the expense of restoring all work of other contractors damaged by any such removal or replacement. If Contractor does not remove and replace any such condemned work within a reasonable time after a written notice by the Owner or the Owner's Representative, Owner may remove and replace it at Contractor's expense. Neither the final payment, nor certification of final completion or substantial completion, nor any provision in the contract documents shall relieve the Contractor of responsibility for faulty materials or workmanship, and Contractor shall remedy any defects due thereto and pay for any damage to other work resulting therefrom, which shall appear within a period of one (1) year from the date of certification of final completion by Owner's Representative. 46. PAYMENT WITHHELD The Owner or Owner's Representative may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any certification to such extent as may be necessary to protect itself from loss on account of - (a) Defective work not remedied and/or work not performed. (b) Claims filed or reasonable evidence indicating possible filing of claims. (c) Damage to another contractor. When the above grounds are removed, or the Contractor provides a surety bond satisfactory to the Owner, in the amount withheld, payment shall be made for amounts withheld because of them. 47. CLAIM OR DISPUTE It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the Contractor LA shall be in writing and filed with the Owner's Representative within fifteen (15) calendar days after the Owner's Representative has given any direction, order or instruction to which the Contractor desires to take exception. Timely written notice of dispute as provided in this contract of any decision by Owner's Representative or Owner shall be a condition precedent to the bringing and/or assertion of any action or claim by Contractor of any right under this Contract. If the matters set forth in the notice of dispute are not granted or otherwise responded to by Owner's Representative within fifteen (15) calendar days of receipt of notice of dispute by Owner's Representative, said objections shall be deemed denied. Any decision by the Owner's Representative, or deemed denial by the Owner's Representative, shall be final and conclusive in the absence of fraud. It is further agreed F. that the acceptance by the Contractor of the final payment shall be a bar to any and all claims of the Contractor, I' �1 17 and constitute a waiver of the right to assert any claim against Owner, Owner's agents and employees and Owner's Representative, by Contractor. 48. NON-COMPLIANCE AND/OR ABANDONMENT BY CONTRACTOR In case the Contractor should (1) abandon and fail or refuse to resume work within fifteen (15) calendar days alter written notification from the Owner or the Owner's Representative, or (2) if the Contractor fails to comply with the written orders of the Owner's Representative, when such orders are consistent with this contract, then the Surety on the bond shall be notified in writing and directed to complete the work and a copy of said notice shall be delivered to the Contractor. In the event a bond is not required by law, or otherwise obtained by the Contractor, no further notice of such non-compliance to Contractor shall be required. After receiving said notice of abandonment or non-compliance , the Contractor shall not remove from the work any machinery, equipment, tools, materials or supplies then on the job, but the same, together with any materials and equipment under the contract for work, may be held for use on the work by the Owner or the Surety of the Contractor, or another contractor, in completion of the work; and the Contractor shall not receive any rental or credit therefore (except when used in connection with Extra Work, where credit shall be allowed as provided for under paragraph 24 of this contract); it being understood that the use of such equipment and materials will ultimately reduce the cost to complete the work and be reflected in the final settlement. In the event the Contractor, or Surety, whichever is applicable, should fail to commence compliance with the notice hereinbefore provided within ten (10) calendar days after service of such notice, and/or shall fail to proceed with diligence to complete the project as contemplated and in compliance with all terms and provisions of the contract documents, then the Owner may exercise any and all remedies available to it pursuant to law, contract, equity or otherwise, including, but not limited to, providing for completion of the work in either of the following elective manners: (a) The Owner may employ such force of men and use of machinery, equipment, tools, materials and supplies as said Owner may deem necessary to complete the work and charge the expense of such labor, machinery, equipment, tools, materials and supplies to said Contractor, and the expense so charged shall be deducted and paid by the Owner out of such moneys as maybe due, or that may thereafter at any time become due to the Contractor under and by virtue of this Agreement. In case such expense is less than the sum which would have been payable under this contract, if the same had been completed by the Contractor, then said Contractor shall receive the difference. In case such expense is greater than the sum which would have been payable under this contract, if the same had been completed by said Contractor, then the Contractor and/or its Surety shall pay the amount of such excess to the Owner; or (b) The Owner, under sealed proposals, after notice published as required by law, at least twice in a newspaper having a general circulation in the County of location of the work, may let the contract for the completion of the work under substantially the same terms and conditions which are provided in this contract. In case of any increase in cost to the Owner under the new contract as compared to what would have been the cost under this contract, such increase shall be charged to the Contractor and the Surety shall be and remain bound therefore. Should the cost to complete any such new contract prove to be less than that which would have been the cost to complete the work under this contract, the Contractor or his Surety shall be credited therewith. In the event the Owner's Representative elects to complete the work, as described above, when the work shall have been finally completed, the Contractor and his Surety shall be so notified and certification of completion as provided in paragraph 44 hereinbbove set forth, shall be issued. A complete itemized statement of the contract accounts, certified to by Owner's Representative as being correct shall then be prepared and delivered to Contractor and his Surety, if applicable, whereon the Contractor or his Surety, or the Owner as the case may be, shall pay the balance due as reflected by said statement within 30 days after the date of certification of completion. 18 In the event the statement of accounts shows that the cost to complete the work is less than that which would have been the cost to the Owner had the work been completed by the Contractor under the terms of this contract, or when the Contractor and/or his Surety, if applicable, shall pay the balance shown to be due by them to the Owner, then all machinery, equipment, tools, materials or supplies left on the site of the work shall be turned over to the Contractor and/or his Surety, if applicable. Should the cost to complete the work exceed the contract price, and the Contractor and/or his Surety, if applicable, fail to pay the amount due the Owner within the time designated hereinabove, and there remains any machinery, equipment, tools, materials or supplies on the site of the work, notice thereof, together with an itemized list of such equipment and materials shall be mailed to the Contractor and his Surety, if applicable, at the respective addresses designated in this contract; provided, however, that actual written notice given in any manner will satisfy this condition. After mailing, or other giving of such notice, such property shall be held at the risk of the Contractor and his Surety, if applicable, subject only to the duty of the Owner to exercise ordinary care to protect such property. After fifteen (15) calendar days from the date of said notice the Owner may sell such machinery, equipment, tools, materials or supplies and apply the net sum derived from such sale to the credit of the Contractor and his Surety, if applicable. Such sale may be made at either public or private sale, with or without notice, as the Owner may elect. The Owner shall release any machinery, equipment, tools, materials, or supplies that remain on the jobsite and belong to persons other than the Contractor or his Surety, if applicable, to their proper owners. The remedies provided to Owner by law, equity, contract, or otherwise, shall be cumulative, to the extent permitted by law. It is expressly agreed and understood that the exercise by Owner of the remedies provided in this paragraph shall not constitute an election of remedies on the part of Owner, and Owner, irrespective of its exercise of remedies hereunder, shall be entitled to exercise concurrently or otherwise, any and all other remedies available to it, by law, equity, contract or otherwise, including but not limited to, liquidated damages, as provided in paragraph 34, hereinabove set forth. 49. LIMITATION ON CONTRACTOR'S REMEDY The remedies of Contractor hereunder shall be limited to, and Owner shall be liable only for, work actually performed by Contractor and/or its subcontractors as set forth in the contract documents, and Owner shall not be liable for any consequential, punitive or indirect loss or damage that Contractor may suffer in connection with the project which is the subject matter of this contract. 50. BONDS The Contractor is required to furnish a performance bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $100,000 and the Contractor is required to furnish a payment bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $25,000. All bonds shall be submitted on forms supplied by the Owner, and executed by an approved Surety Company authorized to do business in the State of Texas. It is further agreed that this contract shall not be in effect until such bonds are so furnished. 51. SPECIAL CONDITIONS In the event special conditions are contained herein as part of the contract documents and said special conditions conflict with any of the general conditions contained in this contract, then in such event the special conditions shall control. 52. LOSS OR EXPENSE DUE TO UNUSUAL OR UNANTICIPATED CIRCUMSTANCES Unless otherwise specified herein, all loss, expense or damage to the Contractor arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstance or from unusual 19 obstructions or difficulties, naturally occurring, man made or otherwise, which may be encountered in the prosecution of the work, shall be sustained and borne by the Contractor at his own cost and expense. 53. INDEPENDENT CONTRACTOR Contractor is, and shall remain, an independent contractor with full, complete and exclusive power and authority to direct, supervise, and control its own employees and to determine the method of the performance of the work covered hereby. The fact that the Owner or Owner's Representative shall have the right to observe Contractor's work during Contractor's performance and to carry out the other prerogatives which are expressly reserved to and vested in the Owner or Owner's Representative hereunder, is not intended to and shall not at any time change or effect the status of the Contractor as an independent contractor with respect to either the Owner or Owner's Representative or to the Contractor's own employees or to any other person, firm, or corporation. 54. CLEANING UP The Contractor shall at all times keep the premises free from accumulation of debris caused by the work, and at the completion of the work Contractor shall remove all such debris and also its tools, scaffolding, and surplus materials and shall leave the work room clean or its equivalent. The work shall be left in good order and condition. In case of dispute Owner may remove the debris and charge the cost to the Contractor. 55. HAZARDOUS SUBSTANCES AND ASBESTOS Hazardous Substances (herein so called), as defined in the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C.S. §9601(14)) and the regulations promulgated thereunder, as same may be amended from time to time, hydrocarbons or other petroleum products or byproducts and/or asbestos, in any form, shall not (i) be utilized, in any way, manner or form, in the construction of, or incorporation into, the Project; or (ii) be brought upon, placed, or located, by any party, on the Project site, or any other property of the City, without the written consent of the Owner's Representative. If Contractor believes that the utilization of a Iazardous Substance, hydrocarbons or other petroleum products or byproducts and/or asbestos is necessary in the construction of the Project, or that it is necessary to place and/or otherwise locate upon the site of the Project or other property of the City, a Hazardous Substance, hydrocarbons or other petroleum products or byproducts and/or asbestos, Contractor shall notify the Owner's Representative, and request consent therefrom, at least twenty (20) days prior to such action. Owner's Representative may grant or deny the request of Contractor and provide whatever requirements such consent, if granted, is conditioned upon, in its sole and absolute discretion. If the request of Contractor is not granted, or otherwise not responded to, by Owner's Representative within five (5) days of the receipt of said request, said request shall be deemed to be denied. In the event Owner's Representative shall consent to the request of Contractor, Contractor shall be responsible for ensuring that all personnel involved in the Project are (i) trained for the level of expertise required for proper performance of the actions contemplated by this Contract and, in particular, in all aspects of handling, storage, disposal and exposure of Hazardous Substances, hydrocarbons or other petroleum products or byproducts and/or asbestos; and (ii) are provided and utilize all protective equipment, including without limitation, personal protective gear, necessary to provide protection from exposure to Hazardous Substances, hydrocarbons or other petroleum products or byproducts and/or asbestos. 56. NONAPPROPRIATION All funds for payment by the City under this contract are subject to the availability of an annual appropriation for this purpose by the City. In the event of non -appropriation of funds by the City Council of the City of Lubbock for the goods or services provided under the contract, the City will terminate the contract, without termination charge or other liability, on the last day of the then -current fiscal year or when the appropriation made for the then -current year for the goods or services covered by this contract is spent, whichever event occurs first. If at any time funds are not appropriated for the continuance of this contract, cancellation shall be accepted by the 20 57. Seller on thirty (30) days prior written notice, but failure to give such notice shall be of no effect and the City shall not be obligated under this contract beyond the date of termination. THE CITY RIGHT TO AUDIT At any time during the term of this Contract and for a period of four (4) years thereafter the City or a duly authorized audit representative of the City, or the State of Texas, at its expense and at reasonable times, reserves the right to audit Contractor's records and books relevant to all services provided under this Contract. In the event such an audit by the City reveals any errors/overpayments by the City, Contractor shall refund the City the full amount of such overpayments within thirty (30) days of such audit findings, or the City, at its option, reserves the right to deduct such amounts owing the City from any payments due Contractor. 2t Page Intentionally Left Blank CURRENT WAGE DETERMINATIONS Pap_e Intentionally Left Blank RE: RESOLUTION NO.2002-R0483, NOVEMBER 14, 2002 Craft Acoustical Ceiling Installer Air Conditioner Installer Air Conditioner Installer -Helper Asbestos Worker Asbestos Supervisor Bricklayer Bricklayer -Helper Carpenter Carpenter -Helper Cement Finisher Drywall Hanger Electrician Electrician -Helper Equipment Operator -Heavy Equipment Operator -Light Fire Sprinkler Fitter -Journey Fire Sprinkler Fitter -Apprentice Floor Installer Glazier Insulator-Piping/Boiler Insulator -Helper Iron Worker Laborer -General Mortar Mixer Painter Plumber Plumber -Helper Roofer Roofer -Helper Sheet Metal Worker Sheet Metal Worker -Helper Welder -Certified EXHIBIT A City of Lubbock Building Construction Trades Prevailing Rates Hourly Rate 11.50 12.00 7.50 9.00 12.50 12.50 7.00 11.00 7.00 9.00 11.00 15.00 8.00 10.00 9.00 18.00 10.00 9.50 10.50 10.50 7.00 11.00 6.00 6.00 9.50 12.50 7.00 9.00 7.00 10.00 7.00 11.00 1 EXHIBIT B Paving and Highway Construction Prevailing Wage Rates Craft Hourly Rate Asphalt Heaterman 9.00 Asphalt Shoveler 7.50 Concrete Finisher 9.00 Concrete Finisher -Helper 7.50 Electrical Repairer -Equipment 12.50 Flagger 6.50 Form Setter 8.00 Form Setter -Helper 6.50 Laborer -General 6.00 Laborer -Utility 6.75 Mechanic 9.00 Mechanic -Helper 7.00 Power Equipment Operators Asphalt Paving Machine 9.00 Bulldozer 9.00 Concrete Paving Machine 9.00 Front End Loader 9.00 Heavy Equipment Operator 9.00 Light Equipment Operator 8.00 Motor Grader Operator 10.25 Roller 7.00 Scraper 7.50 Tractor -Trailer 8.50 Truck Driver -Heavy 8.00 Truck Driver -Light 7.00 2 EXHIBIT C Prevailing Wage Rates Overtime Rate The rate for overtime (in excess of forty hours per week) shall be as required by the Fair Labor Standards Act. EXHIBIT D Prevailing Wage Rates Legal Holiday Rate The rate for legal holidays shall be as required by the Fair Labor Standards Act. 3 Page Intentionally Left Blank SPECIFICATIONS Pavement Repair and Compaction 98t" & Quaker Avenue TECHNICAL SPECIFICATIONS FEBRUARY 2008 TABLE OF CONTENTS Pavement Repair and Compaction - 981h & Quaker Avenue DIVISION I --GENERAL, REQUIREMENTS Sec. Description Pages 01010 Summary of Work....................................................................3 01019 Contract Considerations..............................................................1 01039 Coordination of Meetings...........................................................3 01140 Work Restrictions....................................................................3 01322 Photographic Documentation......................................................2 01356 Storm Water Pollution Prevention Plan..,.,,,..,_„ 01400 (duality Requirements................................................................3 01555 Barricades, Signs, and Trattic handling..........................................1 01576 Waste Material Disposal............................................................2 01700 Contract Closeout.. .. . ................................................................ 2 DIVISIONS 2 "TIiROUGH 16 (NOT USED) Pavement Repair & Compaction February 2008 98rh Street & Quaker Avenue - 91081 SEcTiON 01010 SUMMARY OF WORK PART t -- GENERAL 1.1 SUMMARY A. The OWNER is the City of Lubbock B. The Owner's representative is: a. L. Wood Franklin, P.E. Chief Water Utilities Engineer City of Lubbock (806) 745 -- 2343 C. Section includes: a. Project description b. Permits and licenses c. Access to site d. Contractor's us of the premises e. Coordination requirements f. Coordination drawings g. Preconstruction meeting h. Warranty 1.2 PROJE:CI' DESCRIPTION A. Description: This is a unit price contract (unless shown differently on bidding tab) that consists of removing and replacing subsided Hot Mix Asphaltic Concrete (HMAC) pavement, caliche base, curbing, trench backfill, sod, and soil. The project is located at United Super Market parking lot on the south side of 98'h Street near Quaker Avenue. F a. Sawcut and remove existing HMAC paving surface and caliche base material and legally dispose of materials off -site, including all cutting, hauling and disposal as shown on the project drawing. b. Sawcut and remove existing concrete curb and gutter materials and legally dispose of materials off -site, including all cutting, hauling, and disposal as shown on the project drawing. 3 c. Remove, salvage and replace existing sod, including all necessary work to { salvage, irrigate and replace sod to final repaired grade as shown on the drawing. 1 d. Temporarily remove one ( l) existing live tree within the landscaped area that has subsided. Maintain the tree in healthy condition and then replant per 4 accepted technique to assure continued health after construction improvements are completed, just prior to re -sodding. e. Repair existing landscape irrigation system where necessary between back of curb in parking lot and sidewalk adjacent to 981" Street as a result of trench subsidence and any damage during construction. Work shall include all piping, wiring, irrigation heads, fittings, controls, and other accessories to provide a properly working system within the larger system. Pavement Repair & Compaction 01010-1 February 2008 98°i Street & Quaker Avenue - 91081 f. Provide new HMAC paving surfacing on caliche base, per original Project Specifications, including a minimum 2-inch compacted HMAC surface course and a minimum 8-inch compacted caliche base as shown in the project drawing. g. Provide new concrete curb and gutter, per the original Project Specifications as shown on the project drawing. h. Provide new pavement striping per original Project Specifications on new HMAC. i. Provide trench repair using one of three options as shown on project drawing. 1.3 DEFINITIONS A. Remove: To excavate and legally dispose of existing materials as incidcated. B. Replace: To put products in place in the work ready for the intended use, including unloading, unpacking, handling, storing, assembling, installing, erecting, placing, applying, anchoring, working, finishing, curing, protecting, cleaning, and similar operations. C. Provide: To furnish and install products. D. Indicated: Shown, noted, scheduled, specified, or drawn, somewhere in the contract documents. ls. Engineer: Hugo Reed & Associates F. Owner: City of Lubbock G. Original Project Specifications: Drawings and Specifications used to construct the United Super Market at 981h Street and Quaker Avenue. 1.4 REGULATORY REQUIREMENTS A. Submit copies of all permits, licenses, and similar permissions obtained, and receipts for Fees paid, to the owner directly. 1.5 ACCESS TO THE SITE AND USE OF THE PREMISES A. The space available to the Contractor for the performance of the work, either exclusively or in conjunction with others performing other construction as part of the project, is restricted to the area shown on the site plan of the contract drawings unless the Contractor makes arrangements to use additional space with the Owner. An additional staging area will be made available if required. B. Signs: Provide signs adequate to direct traffic if impedence of traffic on 98`' street is necessary. C. Barricades: Provide barricades to keep people and traffic from construction area. 1.6 PROJECT IDENTIFICATION A. A project sign is not required. 1.? PROJECT SCHEDULE A. The Work summarized above shall be completed within sixty (60) calendar days from the date of the Notice to Proceed. There will be a $1,000 per day liquidated damages for cacti day that exceeds the sixty (60) day limit. Pavement Repair & Compaction W" Street & Quaker Avenue - 91091 01010-2 February 2008 1.8 SUBSTANTIAI, COMPLETION VERSUS FINAL COMPLETION A. Punch List will be created during walk through at substantial completion. The contractor must complete all punch list items within 10 work days as measured from the date the contractor receives the punchlist. Liquidated damages of' $1,000 per day will apply if any punch list item or items remain uncorrected and approved by the engineer. PART 2—PRODUCTS Not used PART 3 — EXECUTION 3.1 SECURITY PROCEDURES A. Limit access to the site to persons involved in the work. B. Provide storage for materials for which the owner has made payments and which are stored on site. C. Secure completed work as required to prevent loss. D. Secure the site by means of fencing, security guards, or other means to prevent damage, theft, safety hazards, or other problems on the site. The use of security personnel shall be cleared with the Owner. E. See the Supplementary Conditions, 3.2 COORDINATION A. Coordinate work with Contacts and Public Utility Contacts listed on the drawings. if necessary, inform each party involved, in writing, of procedures required for coordination; include requirements for giving notice, submitting reports, and attending meetings. a. Inform the Owner when coordination of his work is required. ! B. See other requirements in other portions of the contract documents. 3.3 WARRANTY A. Contractor shall warrant 100 percent of the project for two (2) years after the date of final acceptance of the work. B. On the eleventh month from the date of final acceptance, an Owner's representative will schedule an annual inspection with the presence of the Contractor to inspect for defects and assessment of the work performed. Any work that is considered defective by the Owner's representative will be repaired. r I C. The Contractor shall remedy any defects in workmanship, and pay for any and all damages of any nature whatsoever resulting in detects at no cost to the Owner. i END OF SECTION s Pavement Repair & Compaction 01010-3 F'ebmary 2008 98'h Street & Quaker Avenue - 91081 SECTION 01019 CONTRACT CONSIDERATIONS PART 1 — GENERAL 1.1 SECTION INCLUDES A. Schedule of Values B. Application for Payment 1.2 SCHEDULE OF VALUES A. Submit a printed schedule on Engineer approved Contractor's form or electronic media printout. B. Submit Schedule of Values in duplicate within five (5) days after receiving the bid tabulation. C. Revise schedule to list approved Change Orders, with each Application for Payment. 1.3 APPLICATIONS FOR PAYMENT A. Submit two (2) copies of each application on Engineer approved Contractor's form or electronic media printout. B. Content and Format: Utilize Schedule of Values for listing items in Application for Payment. C. Pavment Period: Single payment at end of project. D. Submit the following along with the application for final payment: a. The documentation for the completed project. b. Signed affidavit from a Notary Public that all claims on this job have been settled and that all bills owed by tite Contractor for the project including materials and labor have been paid. c. Contractor warranties for this job shall be signed and sealed by a Notary Public. PART 2 — PRODUCTS Not used PART 3 —EXECUTION Not used LEND OF SECTION Pavement Repair & Compaction 01019-1 Febnaarv2008 98"' Street & Quaker Ave - 91081 SECTION 01.039 COORDINATION AND MEETINGS PART I -- GENERAL 1.1 RE LATE'D DOCUMENTS A. Drawings: General Instructions to Bidders, General Conditions of the Agreement, Special Provisions and Division I — General Requirements apply to Work of this Section. 1.2 SECTION INCLUDES A. Coordination B. Field engineering C. Preconstruction meeting D. Progress meetings E. Preinstallation meetings F. Cutting and patching 1.3 COORDINATION A. Coordinate scheduling, submittals, and Work of the various Sections of the Project Manual to assure efficient and orderly sequence of installation of interdependent construction elements, with provisions for accommodating items installed later. 13. Coordinate completion and cleanup of Work of separate Sections in preparation for Substantial -Completion, C. After Owner occupancy of premises, coordinate access to site for correction of defective Work and Work not in accordance with Contract Documents, to minimize disruption of Owner's activities. 1.4 FIELD ENGINEERING A. Locate and protect any survey control and reference points. LS PRECONSTRUCTION MEETING A. The Owner will schedule a meeting after a Notice to Proceed. B. Procedures and processing of field decisions, submittals, and substitutions, applications for payments, proposal request, Change Orders and Contract closeout procedures. C. Agenda: a. Use of premises by Owner and Contractor. b. Distribution of executed Contract Documents. c. Submission of list of Subcontractors, list of products and progress schedule. Pavement Repair & Compaction 01039-1 February 2008 98'" Street &. Quaker Avenue - 91081 d. Designation of personnel representing the parties in Contract and the Engineer. e. Owner's requirements. f. Construction facilities, if any, and controls provided by Owner. g. Survey and layout. h. Security and housekeeping procedures. i. Schedule. j. Procedures for testing soil compaction and concrete strength. k. Procedures for maintaining record documents. D. Record minutes and distribute copies within five (5) days after meeting to participants and those affected by decisions made. 1.6 PROGRESS MEETINGS Not used. PART 2 — PRODUCTS Not used PART 3 — EXECUTION 3.1 EXAMINATION A. Verify that existing site conditions and substrate surfaces are acceptable for subsequent Work. Beginning new Work means acceptance of existing conditions. B. Examine and verify specific conditions described in individual specification sections. C. Verify that utility services are available, if needed, of the correct characteristics, ' and in the correct location. 3.2 PREPARATION A. Clean substrate surfaces prior to applying next material or substance. B. Seal cracks or openings of substrate prior to applying next material or substance. C. Apply any manufacturer required or recommended substrate primer, sealer, or conditioner prior to applying any new material or substance in contact or bond. 3.3 CUTTING AND PATCHING A. FInploy skilled and experienced installer to perfortu cutting, and patching. Ali pavement and curb cuts shall be saw cuts. B. Execute cutting, fitting, and patching, including excavation and fill, to complete Work, and to a. Fit the several parts together, to integrate with other Work b. Uncover Work to install or correct ill-timed Work c. Remove and replace defective and non -conforming Work Pavement Repair & Compaction —� --01039-2 " -^ � February" 2009 981h Street & Quaker Avenue - 91081. p d. Remove samples of installed Work for testing C. Execute work by methods which will avoid damage to other Work, and provide surfaces to receive patching and finishing. D. Cut rigid materials using tnasonry saw or core drill. E. Restore Work with new products in accordance with requirements of Contract Documents. F. Fit Work tight to pipes, sleeves, ducts, conduit, and other penetrations through surfaces. G. Refinish surfaces to match adjacent finishes. 11. Identify any hazardous condition exposed during the Work to the Engineer for decision or remedy. END OF SECTION Pavement Repair & Compaction 01039-3 Febmary 2008 98'4 Street & Quaker Avenue - 91081 SECTION 01140 WORK RESTRICTIONS PART I -- GENERAL, 1.1 SECTION INCLUDES A. Use or premises B. Special scheduling requirements C. Working period D. Utility cutovers and interruptions E. Noise restrictions F. Occupancy requirements 1.2 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General Conditions and other Division I Specification Sections, apply to this Section. 1.3 USE OF PREMISES A. Use of site: Limit use of premises to work in areas indicated. Do not disturb portions of site beyond areas in which the Work is indicated. a. Limits: Confine construction operations such that blocking of traffic on 98'h street is not required. Confine to area no greater than 40 feet south of the curb to he removed. Coordinate barricading with Owner who will coordinate with United Super Market. Do not coordinate directly With United Super Market. b. Driveways and Entrances: Keep driveways and entrances serving premises north and south of the construction area clear and available to employees, general public and emergency vehicles at all times. Do not use these areas for parking or storage of materials. 1.4 SPECIAL SCHEDULING REQUIREMENTS A. [-lave materials, equipment, and personnel required to perform the work at the site prior to the commencement of the Work. B. Permission to interrupt any utility service shall be requested in writing a minimum of fourteen (14) calendar days prior to the desired date of interruption. 1.5 WORKING PEIRIOD A. Working hours: Regular working hours shall be within a thirteen (13) hour period between 7:00 a.m. and 8:00 p.m., Monday through Friday. Work on Saturdays and Sundays must be authorized by the Owner as noted in paragraph 1.5.13. The Owner reserves the right, at the Owner's discretion, to disallow work Pavement Repair & Compaction 01140-1 February 2008 98'' Street & Quaker Avenue - 91081 when it interferes with holiday times and traffic. No work shall be performed on the following holiday periods or days: a. New Year's Day b. Good Friday Holiday c. Memorial Day Holiday d. Independence Day Holiday e. Labor Day Holiday f. 'Thanksgiving Day Holiday plus the day before and the three clays following "Thanksgiving Day. g. Christmas Week. If Christmas Day falls on Saturday, this will be defined as the week leading to Christmas Day. If Christmas Day falls on Sunday, this will be defined as the week following Christmas Day plus the Friday and Saturday prior to Christmas Day. B. Work outside Regular Flours: No work shall be done outside of Regular Working flours. 1.6 NOISE RESTRICTIONS A. 75 dI3 limit at face of nearest structure during normal daylight hours. B. 65 dB limit at face of nearest structure during evening and nighttime hours in or near residential areas and for 24-hour working conditions that have received Owner approval. Evening and nighttime hours shall be defined as 6:00 p.m. to 7:00 a.m. C. The Contractor shall keep on -site a hand portable sound measurement device for both the Owner's and the Contractor's use for measuring noise levels. 1.7 ADVANCE NOTICE A. Owner shall be notified 5 days in advance of starting work. 1.8 WATER FOR CONSTRUCTION A. Obtaining water for construction is the Contractor's sole responsibility. B. Water is available from the potable water system of the City of Lubbock for construction purposes. The Contractor is responsible for all charges and arrangements for water consumption from the potable water system. The Contractor shall make such arrangements directly with the City of Lubbock Water Utilities Department. The City will not furnish potable water free of charge for the construction work. The Contractor is responsible for any required metering and hauling. C. Water from park area lakes shall not be used for construction. D. This section does not preclude the Contractor from seeking other water sources for use in construction. Such water resources shall meet the purity requirements for the intended use. Such arrangements for water from other sources are the responsibility of the Contractor. PART 2 — PRODUCTS Not used Pavement Repair he Compaction 01 140-2 February 2009 98'" Street & Quaker Avenue - 91081 I PART 3 — EXECUTION 3.1 WORK AREA LIMITS Not used. END OF SECTION Pavement Repair & Compaction 01140-3 Pehruary 2008 98"' Street & Quaker Avenue - 91081 SECTION 01322 PHOTOGRAPHIC DOCUMENTATION PART 1— GENERAL 1.1 SECTION INCLUDES A. This section includes administrative and procedural requirements for the following: a. Preconstruction photographs b. Periodic construction photographs B. Related Sections include the following: a. Division 1 Section "Submittal Procedures" for submitting construction photographs. 1.2 RELATED DOCUMENT'S A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division l Specification Sections, apply to this Section. 1.3 SUBMITTALS. A. Submit three (3) complete sets of preconstruction photographs to the Engineer. The Owner and the Engineer will retain all three (3) sets. a. Identification: On back of each print provide an applied label or rubber- stamped impression with the following information: i. Name of Project ii. Name and address of photographer iii. 'dame of Engineer iv. Name of Contractor v. Date photograph was taken vi. Description of vantage point, indicating location, direction (by compass point), and elevation or story of construction. b. Digital Images: Submit a complete set of digital image electronic files with each submittal of prints. Identify electronic media with date photographs were taken. Submit images that have the same aspect ratio as the sensor, uncropped. 13. Summary of Photos required: a. Pre -construction, b. Excavated trench before back tilling is started for each section if done in sections, c. '(Tench, after till in of tlowable fill but before each successive 6" lift of fill for each section if done in sections d. Finished compacted sub -grade prior to caliche base for each section e. Finished compacted grade before paving or curb placement f Finish photos at end of the project but prior to acceptance. Finish photo shall include the landscape area with working sprinkers; restored and marked Pavement Repair & Compaction 01322-1 February 2008 98`h Street & Quaker Avenue - 91081 pavement and curbing. Photos of finish work shall be fi•om a minimum of three vantage points. PART 2 — PRODUCTS Not used PART 3 — EXECUTION 3.1 PHOTOGRAPHS, GENERAL A. Field Office Prints: Not Used 3.2 CONSTRUCTION PHOTOGRAPHS A. As specified in 1.3 of this section. END OF SECTION Pavement Repair & Compaction 01322-2 February 2008 98'h Street & Quaker Avenue - 91081 SECTION 01356 STORM WATER POLLUTION PREVENTION :MEASURES PART I — GENERAL 1.1 GENERAL A. The Contractor shall implement, maintain, and update the Storm Water Pollution Prevention measures specified in the Storm Water Pollution Prevention Plan (SWP3) in a manner, which will meet the requirements of the Texas Pollution Discharge Elimination System (TPDES) General Permit No.TXR150000. 'The Contractor shall be responsible for any fines or penalties assessed by the appropriate regulatory agency for failure to make required inspections, failure to properly document those inspections, failure to adequately implement and adjust the storm water pollution prevention measures specified in the SWP3 to adequately control pollutants, and/or any other fines or penalties assess by TCEQ or the EPA for failure to comply with any part of the permit requirements. The Contractor shall submit a Notice of Intent and a Notice of Termination independently of the Owner. B. Fines levcled against the Owner by the TCF.Q or the EPA for the Contractor's failure to comply with and maintain the SWP3 shall be paid by the Contractor. PART 2 —PRODUCTS Not Used PART 3 —EXECUTION 3.1 STORM WATER POLLUTION PREVENTION PLAN A. Storm Water Pollution Prevention Plan will be provided by the Contractor as required. Contractor must keep a copy of the SWP3 on site at all times. END OF SECTION I'aventent Repair & Compaction 01356-1 February 2008 98'h Street & Quaker Avenue - 91081 SECTION 01400 QUALITY REQUIREMENTS PART 1 —GENERAL 1.1 SUMMARY A. This Section includes administrative and procedural requirements for quality assurance and quality control. B. Testing and inspecting services are required to verify compliance with requirements specified or indicated. These services do not relieve the Contractor of responsibility for compliance with the Contract Document requirements. a. Specific quality control requirements for individual construction activities are specified in the sections that specify those activities. Requirements in those Sections may also cover production of standard products. b. Specified tests, inspections, and related actions do no limit the Contractor's quality control procedures that facilitate compliance with the Contract Document requirements. 1.2 RELATF,D DOCUMENTS A. Drawings and general provisions of the Contract, including General Conditions and other Division I specification Sections, apply to this section. 1.3 DE-FINITIONS A. Quality Assurance Services: Activities, actions, and procedures performed before and during execution of the Work to guard against defects and deficiencies and ensure that proposed construction complied with requirements. B. Quality Control Services: Test, inspections, procedures, and related actions during and after execution of the Work to evaluate that completed construction complies with requirements. 1.4 SUBMITTALS A. Qualification Data: For individuals employed by the Contractor who will perform testing as required by the drawings, submit at least fourteen (1 4) days prior to being used on the project the capabilities and experience of such individuals and the types of tests that the individual will perform. For outside testing agency employed by the Contractor, submit at least fourteen (14) days prior to being used on the project the name, address, and manager of such testing agency and the types of tests that the agency will perform. Such testing agcncy shall be acceptable to the Owner prior to being used on the project. B. Reports: Prepare and submit written reports within fourteen (14) days following the date of the test that include the following: a. Date of issue b. Project title and number. Pavement Repair & Compaction �^ W400-1 T February 2008T 980' Street & Quaker Avenue - 91081 c. Name, address, and telephone number of testing agency. If the individual is employed by the Contractor, use Contractor's name, address, and telephone number. d. Dates and locations of samples and test e. Names of individuals making tests f. Description of the work and test method g. Identification of material, product, and specification Section. h. Complete test or inspection data i. Test results and interpretation of test results j. Ambient conditions at time of sample taking and testing. k. Comments and opinion on whether tested Work complied with the Contract Document requirements and the applicable specification Section, I. Name and signature of individual performing the test if employee of the Contractor, or name and signature of testing agency responsible person. m. For failing tests, recommendations on retesting unless specification Sections provide procedure for retesting. C. Test Agency Qualifications: An agency with the experience and capability to conduct testing indicated, as documented by ASTM E 548, and that has the capability and experience in the types of tests to be performed. D. "resting Agency Responsibilities: Sub►nit certified written report of each test and similar Quality Assurance service to the Contractor. Interpret tests and state in each report whether tested work complies with or deviates from the Contract Document requirements. 1.5 QUALITY CONTROL A. Contractor Responsibilities: Provide quality control services required in the various specification Sections. a. Where third party testing is engaged by the Contractor, notify testing agency sufficiently in advance of the time and date when work that requires testing will be performed. b. 'resting requested by the Contractor and not required by the Contract Documents are the Contractor's responsibility. B. Retesting: Regardless of whether original tests were the Contractor's responsibility, provide quality control services, including retesting, for construction that revised or replaced work that failed to comply with requirements established by the Contract Documents. C. 'Testing Agency Responsibilities: Cooperate with the Engineer and Contractor in performance of duties. Provide qualified personnel and necessary equipment to perform required tests and inspections. a. Notify the Engineer or Contractor promptly of irregularities or deficiencies observed in the work during performance of its services. b. Interpret tests and inspections and state in each report whether tested and inspected work complies with or deviates from the requirements. c. Submit a certified written report, in it iplicate. of each test, inspection, and similar quality control service through the Contactor. d. Do not release, revoke, alter, or increase requirements of the Contract Documents or approve or accept and portion of the Work. e. Do not perform any duties of the Contractor, D. Associated Services: Cooperate with agencies performing required tests, inspections, and similar quality control services, and provide reasonable auxiliary Pavement Repair & Compaction 01400-2 Pebruary 2008 98`h Street & Quaker Avenue - 91081 services as requested. Notify agency sufficiently in advance or operations to permit assignment of personnel. Provide the following: a Access to the Work. b. Incidental labor and facilities necessary to facilitate tests and inspections. c. Adequate quantities of representative samples of materials that require testing and inspecting. Assist agency in obtaining samples. d. Facilities for storage and field curing of test samples. e. Additional associated services required of the Contractor for testing access are listed in the specification Sections. f. Delivery of samples to testing agencies. g. Preliminary design mix proposed for use for material mires that require control by testing agency. h. Security and protection for samples and for testing and inspecting equipment at Project site. E. Coordination: Coordinate sequence of activities to accommodate required quality assurance and quality control services with a minimum of delay and to avoid necessity of removing and replacing construction to accommodate testing and inspecting. a. Schedule times for tests, inspections, obtaining samples, and similar activities. PART 2 — PRODUCTS Not used PART 3 — EXECUTION 3.1 REPAIR AND PROTECTION A. General: On completion of testing, inspecting, sample taking, and.similar services, repair damaged construction, and restore substrates and finishes. a. Provide materials and comply with installation requirements specified on drawings. Restore patched areas and extend restoration into adjoining areas in a manner that eliminates evidence of patching. B. Protect construction exposed by or for quality control service activities. C. Repair and protection are the Contractor's responsibility, regardless of the assignment of responsibility for quality control services. END OF SECTION Pavement Repair & Compaction 01,100-3 February 2008 98"' Street & Quaker Avenue - 91081 } ,_, SECTION 01555 BARRICADES, SIGNS, AND TRAFFIC HANDLING PART 1 —GENERAL 1.1 DESCRIPTION A. This item shall govern for providing, installing, moving, replacing, maintaining, cleaning, and removing upon completion of work, all barricades, portable barriers, signs, portable changeable message signs, cones, lights, and other such type devices and of handling traffic as indicated on the plans or as directed by the Engineer or Owner. PART 2 — PRODUCTS A. Construction Methods a. All barricades, signs, and other types of devices listed above shall conform to details shown on the plans or those indicated in the latest version of the Texas Manual on Uniform "Traffic Control Devices (TM[JTCD). All traffic control devices shall be crashworthy according to the guidelines set forth in the National Cooperative Highway Research Program (NCHRP) Report 350. PART 3 — EXECUTION 3.1 GENERAL A. The Contractor shall propose his own 'traffic Control Plan (TCP) as -necessary for phased construction. If the plan is approved in writing by the Engineer or Owner, it may be used. Prior to beginning work, the Contractor shall designate, in writing, a competent person who will be responsible and available on this project site or in the immediate area to insure compliance with the TCP. 3.2 MAINTENANCE A. All retroreflective traffic control devices such as barricades, vertical panels, signs, etc., shall be maintained by cleaning, replacing, or a combination thereof such that during darkness and rain the retroreflective characteristics shall equal or exceed the retroreflective characteristics of traffic industry standard reflective panels. END OF SECTION Pavetnent Repair & Compaction 01555-1 Pebruary 2009 98°i Street & Quaker Avenue - 91081 SECTION 01576 WASTE MATERIAL DISPOSAL PART 1 — GENERAL 11 SECTION INCLUDES A. Disposal of waste material and salvageable material. 1.2 RELATED SECTIONS A. Section 02221 — Removing Existing Pavements. B, Section 02317 — Excavation and Backfill for Utilities. 1.3 SUBMITTALS A. Obtain and submit disposal permits for proposed disposal sites if required by local ordinances. B. Submit a copy of written permission from property owner, along with a description of property, prior to disposal of excess material adjacent to the Project. Submit a written and signed release from property owner upon completion of disposal work. Both written permission and signed release shall include hold -harmless clauses naming the City of Lubbock, Texas as the entitles to be held harmless in any subsequent legal proceeding. Both property permissions and signed releases shall be attested to by it notary public. PART 2 — PRODUCTS Not used PART 3 — EXECUTION 3.1 SALVAGEABLE MATERIAL A. Asphalt Pavement and Asphalt Stabilized Base: Conform to requirements of Section 02221 — Removing Existing Pavements. 3.2 EXCESS MA['ERIAL A. Vegetation, rubble, broken concrete, debris, asphaltic concrete pavement, excess soil, and other materials not designated for salvage, shall become the property of the Contractor and shall be removed from the job site and legally disposed of at a proper facility such as the West 'rexas Region Disposal Facility (WTRDF). a. Excess material may be disposed at the WI'RDF. There will be a tipping fee of $28.50 per ton for construction debris and for excess uncontaminated soil. For a complete list of fees associated with the W`rRDF, please go to the City's website at IidAyastc_ei;{tthbuck.tx, �s;_disposal/disf;es.htm. "there will also be a fee of $15.00 per load for every truck that is not covered Pavement Repair & Compaction 01576-1 February 2008 9W" Street & Quaker Avenue - 91081 properly when coming to the landfill. All tipping fees shall be considered to be included in the Contractor's bid prices. B. Excess soil may be deposited on private property adjacent to the Project if approved by the Owner and when written permission is obtained from the property owner. See Paragraph 1.3.0 above. C. Waste materials shall be removed from the site on a daily basis, such that the site is maintained in a neat and orderly condition. END OF SECTION Pavement Repair & Compaction 01576-2 February 2008 93'h Street & Quaker Avenue - 91081 SECTION 01.700 i CONTRACT CLOSEOUT PART l — GENERAL 1.1 RELATED DOCUMENT'S A. Drawings, General Instructions to Bidders, General Conditions of the Agreement, Special Provisions and Division I —General Requirements apply to Work ofthis Section. 1.2 SECTION INCLUDES A. Closeout procedures B. Final cleaning C. Project record documents D. Operations and maintenance data 1.3 CLOSEOUT PROCEDURES A. Submit final Application for Payment identitying total adjusted Contract Sum, previous payments, and sum remaining due. 1.4 FINAL CLEANING A. Execute final cleaning prior to final inspection. B. Clean site; sweep paved areas, rake clean landscaped surfaces. C. Remove waste and surplus materials, rubbish, and construction facilities from the site. D. Repair, patch, and touch-up marred surfaces to match adjacent finishes. 1.5 PROJECT RECORD DOCUMENTS A. Maintain on site, one set of the following record documents; record actual revisions to the Work a. Contract Drawings b. Specifications c. Addenda d. Change Orders and other Modifications to the Contract e. Reviewed shop drawings, product data, and samples. B. Store Record Documents separate from documents used for construction. C. Record information concurrent with construction progress. D. Specifications: Legibly mark and record at each Product section description of actual Products installed, including the following: a. Changes made by Addenda and Modifications. E. Record Documents: Legibly mark each item to record actual construction including: a. 'Measured horizontal and vertical locations of underground utilities and appurtenances referenced to permanent surface improvements. b. Field changes of dimension and detail. e. Details not on original Contract Drawings. d. Changes made by Addenda and Modifications. F. Submit two (2) copies to the Engineer with claim for final Application for Payment. G. Use forms below for certification of Substantial Completion. Pavement Repair & Compaction 01700-1 98'h Street & Quaker Avenue - 91081 February 2008 Certificate of Substantial Completion Project: Towner: Owner's Contract No.: Contract: Pate or Contract: Contractor. (Engineer's Project No.: This [tentative] [deffnitivej Certificate of Substantial Completion applies to: All Work under the Contract Documents: The following specified portions: Date of Substantial Completion The Work to which this Certificate applies has been inspected by authorized representatives of Owner, Contractor and Engineer, and found to be substantially complete. The Date of Substantial Completion of the Project or portion thereof designated above is hereby declared and is also the date of commencement of applicable warranties required by the Contract Documents, except as stated below. A [tentative] [revised tentative] [definitive] list of items to be completed or corrected, is attached hereto. This list may not be all- inclusive, and the failure to include any items on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, Insurance and warranties shall be as provided in the Contract Documents except as amended as follows: Amended Responsibilities Not Amended Owners Amended Responsibilities: Contractors Amended Responsibilities: The following documents are attached to and made part of this Certificate: This Certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of Contractor's obligation to complete the Work in accordance with the Contract Documents. Executed by Engineer pate Accepted by Contractor .. Date Accepted by Owner Date Pavement Repair & Compaction J ~-01700-2February 2008— -�--- 98rh Street & Quaker Avenue - 91081 CERTIFICATE OF SUBSTANTIAL COMPLETION Project _ Location Project or Specified Part Shall Include File No. Spec. No Date of Substantial Completion Contract The Work performed under this Contract has been inspected by authorized representatives of the Owner, Contractor, and Consultant, and the Project (or specified part of the Project, as indicated above) is hereby declared to be substantially completed on the above date. DEFINITION OF SUBSTANTIAL COMPLETION The stage in construction when a project can be utilized for the purpose for which it was intended. At substantial completion, minor items and items that seasonally restricted need not be completed, but the items that affect operational integrity and function of the facility must be capable of continuous use. A tentative list of items to be completed or corrected is appended hereto. This list may not be exhaustive, and the failure to include an item on it does not alter the responsibility of the Contractor to complete all the Work in accordance with the Contract Documents, BY CONSUL; CANT AUTHORIZED REPRESENTATIVE DATE The Contractor accepts the above Certificate of Substantial Completion and agrees to complete and correct the items on the tentative list within the time indicated. BY CONTRACTOR AUTHORIZED REPRESENTATIVE DATE The Owner accepts the Project or specified area of the Project as Substantially Complete and will assume full possession of the Project or specified area of the Project at (time), on _ (date). The responsibility for utilities, security, and insurance under the Contract Documents shall be as set forth under "Remarks" below. BY OWNER AUTHORIZED REPRESE NTATIVF. DA'1'1s REMARKS: (Attach additional sheet, if necessary) Pavement Repair & Compaction 01700-3 February 2008 98"' Street & Quaker Avenue - 91081 PART 2 — PRODUCTS Not used PART 3 — EXECUTION Not used END OF SECTION Pavement Repair & Compaction 01700-4 February 2008 98'� Street & Quaker Avenue - 91081