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HomeMy WebLinkAboutResolution - 2010-R0618 - Contract 9937 Lyntegar Electric Coop, Electrical Service To Post Booster Pump - 12_15_2010Resolution No. 2010-RO618 December 15, 2010 Item No. 5.23 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, an electrical services agreement between the City of Lubbock and Lyntegar Electrical Cooperative to provide electrical service to Post Booster Pump Station, and all related documents. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this December 15 , 2010. TOM MARTIN, MAYOR ATTEST. Rebe ca Garza, City Secretary APPROVED AS TO CONTENT: 0 Ma sha Reed, Y.E., Chief Operating Of icer APPROVED AS TO FORM: a I ON F-Rod"d i _� gs Agreement-I-rntegar Electrical Cooperative res IIN10 Map No. Account No. Resolution No. 2010—R0618 AGREEMENT FOR ELECTRIC SERVICE AGREEMENT made I vovc.»+bar- I5 , 2010 between Lyntegar Electric Cooperative, Inc. (hereinafter called the "Seller), and City of Lubbock (hereinafter called the "Consumer'). WITNESSETH TO: The Seller agrees to sell and to deliver to the Consumer, and the Consumer agrees to purchase and receive from the Seller, all of the electric power and energy which the Consumer may need at Post Booster Pump Station Municipal Pumping Station,up to 3,437 KVA upon the following terms: 1. SERVICE CHARACTERISTICS Service hereinunder shall be alternating current, 3 phase, sixty cycles, 4,160 volts. 2. PAYMENT a. The Consumer shall pay the Seller for service hereunder at the rates and upon the terms and conditions set out in Exhibit A attached to and made a part of this agreement. Notwithstanding any provision of the Schedule, however, and irrespective of the Consumer's requirements, the Consumer shall pay to the Seller not less than $160.00 plus non -coincident -peak demand charge (NCP) per month, exclusive of the power cost recovery factor, for service or for having service available hereunder. b. The initial billing period shall start when Consumer begins using electric power and energy, or 60 days after seller notifies the Consumer in writing that service is available hereunder, whichever shall occur first. c. Bills for service hereunder shall be paid at the office of the Seller in Tahoka, State of Texas, monthly within sixteen days after bill is mailed to the Consumer. If the Consumer shall fail to pay such bill within such sixteen day period, the Seller may discontinue service hereunder by giving ten days' notice in writing to the Consumer. d. The Consumer agrees that Seller may find it necessary to make modifications in the rate from time to time. Such changes will only be made after appropriate regulatory processes. 3. CONTRIBUTION -IN -AID -OF -CONSTRUCTION The Consumer shall pay Seller, upon execution of this contract, a one time fee of Aid to Construction in the amount of $226,939 to reimburse Seller for the capital cost of primary electrical line extensions, switches, transformers, meters, fuses, and other appliances and equipments constructed or installed by Seller. 4. CONTINUITY OF SERVICE The Seller shall use reasonable diligence to provide a constant and uninterrupted supply of electric power and energy. The Seller shall not be liable for damages occasioned by interruption, failure to commence delivery, or voltage, wave form, or frequency fluctuation caused by interruption or failure of service or delay in commencing service due to accident or to breakdown of plant, lines, or equipment, strike, riot, act of God, order of any court or judge granted in any bonafide adverse legal proceedings or action or any order of any commission or tribunal having jurisdiction; or, without limitation by the preceding enumeration, any other act or things due to causes beyond it's control, to the negligence of the Seller, it's employees, or contractors, except to the extent that the damages are occasioned by the gross negligence or willful misconduct of the Seller. 5. MEMBERSHIP The Consumer is presently an active member of the Seller, and is bound by the provisions of the articles of incorporation and bylaws of the Seller and by such rules and regulations as my from time to time be adopted by the Seller. 6. TERM This agreement shall become effective on the date first above written and shall remain in effect until one (1) year following the start of the initial billing period and thereafter until terminated by either party giving to the other one (1) month notice in writing. 7. SUCCESSION This agreement shall be binding upon an inure to the benefit of the successors, legal representatives and assigns of the respective parties hereto. IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the day and year first above written. LYNTEGAR ELECTRIC COOPERATIVE, INC. Seller By Executed by the City of Lubbock on the 15th day of December, 2010. CITY OF LUBBOCK Consumer TOM MARTIN, MAYOR ATTEST: Rebe ca Garza, City Secretary APPROVED AS TO CONTENT: a- )Ls 61 Mar ha Reed, P.E., Chief Operating Officer APPROVED AS TO FORM: Resolution No. 2010—R0618 LYNTEGAR ELECTRIC COOPERATIVE, INC. Section Sheet No. Tariff III 19 for Electric Service Revision SECTION TITLE: EFFECTIVE DATE: SEPTEMIBER 11, 2007 RATES AND C14ARGES APPLICABLE TO ALL AREAS SERVED 309 Municipal Water Pumping - S00 kW and Greater. A. Application. This service is available to all incorporated municipalities, cities, or towns and rural water corporations taking the type of service described in this rate schedule supplied at one point of delivery and taken through a single meter for the purposes of water pumping. (1) For all service supplied at one point of delivery and taken through a single meter to incorporated towns or Waal water corporations for water pumping with peak kW of 500 kW or greater. B. Type of Service. At available primary or secondary distribution voltages. Where service of the type desired by Customer is not already available at the point of delivery, additional charges under the Cooperative's line extension policy and special contract arrangements may be required prior to service being furnished. C. Monthly Rate. Each billing period the Customer shall be obligated to pay the following charges: (1) Customer Charge Distribution Primary Level Service $150.00 per meter Distribution Secondary Level Service $160.00 per meter This charge is for the availability of electric service; and (2) NCP Demand Charge Distribution Primary Level Service $4.45 per Billing kW Distribution Secondary Level Service $5.35 per Billing k W This non -coincident peak (NCP) demand charge is applied to the greater of the following: 1. The maximum kilowatt demand for any period of fifteen (15) consecutive minutes during the billing period, 2. One hundred percent (1001/6) of the highest kW demand, as adjusted for power factor, established in the eleven (11) months preceding the billing period, Exhibit A Page: 1, LYNTEGAR ELECTRIC COOPERATIVE, INC. Section Sheet No. Tariff I1I 20 for Electric Service Revision SECTION TME: EFFECTiiVE DATE: SEPTEMBER 11, 2007 RATES AND CHARGES APPLICABLE TO ALL AREAS SERVED 3. The amount specified in the Agreement for Service, 4. Five hundred kW (500 kW). (3) Facilities Charges If it is necessary to construct new facilities, alter existing facilities, or provide additional facilities (including metering and communications) in order to provide service and implement this tariff, the Cooperative will require a facilities charge unless the Customer pays a contribution in aid of construction for the cast of such facilities. a. The monthly facilities charge shall be for the term of the Customer's agreement for service with the Cooperative. b. The facilities charge shall be the revenue requirement for the amortization of the direct plant investment to provide service to the Customer financed by the Cooperative. The amortization shall be for the term of the agreement for service and shall include interest, depreciation, and margin requirement for debt service coverage (DSC) of 2.60 for the investment. (4) Power Supply Charges The cost of power to serve the Customer including but not limited to capacity, delivery, energy, and fuel charges for the billing period plus adjustments applied to the current monthly billing to account for differences in actual purchased electricity costs billed in previous periods. The power cost will be calculated using the billing units defined in the same manner as defined in the applicable Wholesale rate to the Cooperative including any ratchet provisions in the wholesale rate. The Customer's billing units for power cost may be adjusted for line losses, as determined by the Cooperative, to calculate the Customer's power cost at the wholesale supplier's metering point to the Cooperative. Unless otherwise specified in the agreement for service, line losses shall be five percent (5%) for distribution primary service and eight percent (8%) for distribution secondary service. Billing units will be adjusted for line losses by dividing the metered billing units by one minus the line losses. For example, the line loss adjusted billing unit for 1000 kW at distribution primary would be: 1000 kW T (1 - .05) = 1000 kW T 0.95 - 1052.63 kW D. Monthly Minimum Charge. Each billing period the Customer shall be obligated to pay the higher of the following charges as a minimum, whether or not any energy is actually used: Exhibit A Page:2 LYNTEGAR ELECTRIC COOPERATIVE, INC. Section. Sheet No. Tariff Ili 21 for Electric Service Revision SECTION TITLE: EFFECTIVE DATE: SEPTEMfBER 11, 2007 RATES AND CHARGES APPLICABLE TO ALL AREAS SERVED (1) The Customer Charge plus the NCP Demand Charge. (2) The minimum required in the Agreement for Electric Service. E. Billing Adjustments. This rate is subject to billing adjustments exc Power Cost Recovery Factor as provided for in Section 11I-315. F. Agreement In order to provide service to a consumer, an agreement for electric service with a fixed term may be required by the Cooperative. This rate schedule may be changed by order or cogent of regulatory authorities having jurisdiction. Service hereunder is subject to the Cooperative's tariff for electric service. G. Terms of Payment Billing under the above rate will be monthly in net amount. Payment is due within 16 days from the date of bill. The due date may not fall on a holiday or weekend, but shall fall on the next working day after the 16th day. If not paid within 16 days the bill becomes delinquent and the Cooperative reserves the right to discontinue service after 10 days with proper notice. The cutoff day may not fall on a holiday or weekend, but shall fall on the next working day after the 1 Oth day. Billing Code Primary Voltage 12.100 Secondary Voltage 12.200 Exhibit A Page:3 Resolution No. 2010—RO618 EXHIBIT B LAND DESCRIPTION AND LOCATION 9.00 Acres located on West side of F.M. 651 road approximately 2 miles Northeast from Post, Texas Section 1224 Block _NA Survey W.C. Young County: Garza, Texas. Description: City of Lubbock Post Booster Pump Station Owner: City of Lubbock, Mailing Address: P.O. Box 2000, Lubbock, Texas 79457, City of Lubbock North Water Treatment Plant, Attn: Bruce Blalack Lease Description: N/A 5-1 ElM i gwr S Resolution No. 2010-RO618 Resolution No. 2009-RO559 PLAT OF SURVEY r EXHIBIT 'A' ON A 9.00 ACRE TRACT OF LAND OUT OF ! -n I i PAGE 1 OF 2 SECTION )224• W.C. YOUNG SURVEY AND i • OD SCRAP FILE • 8373, GARZA COUNTY, TEXAS t t r LA S is 2v57" w 72.11' R 2341,Bt' i L 475.28' —" I CH - 474.46' 1 S 7. 16'50" W l l 1224 1241 W.C. YOUNG W 9.00 Aft. H & W.T. .E. OWNER: KFNNETH F. MONTGOMERY ni OWNER ELVIRA SANCHEZ VOL. 177 PG.13 :'# i I VOL 117 PG.100 I I 11I c?. o'er IC I I Imo. rr� � r I II I I I ' P.O.B. • r FROM THIS PT. THE S.E. COR, S.F. •8373 DRS. S 88' 32'0►" E, A legal description of even survey date 49 37• & 5 1. 21'S/" W, herewith accompanies this survey plot. 948.10' Surveyed on the ground November 21, 2008 Revised Southwest corner on the ground Novembe Revised South line on the roun ecember )7, 2 V •oe �o�ooe000 000eaaaoeoe Regi red r fessional Land Surveyor ••Oa0•!e®oa0• Oat�l —� All thing nd Eostings shown ore project coordtn 817 and ay b converted to Texas State Plane Coorcirridt"F-W. Nor Cent Zone, NA083 byy dividing by a surface SCE odjus ment ctor of 1 0002. 96 CUt INldl.nces shown are surface distances. ORI Bea"ys shown are grid bearings based on the lexas SUP Slot2PP'ane Coordinate System, Nor Ih Centro( Tone, 71LE NAO Oatum. )1vs survey and allnformalan hereon is for the e.1c4,sive use 0f CITY OF LUBBOCK and snatnot be toped or used ercepl far fire pwpose fur .h,ch it �s e.presslr fon.shed this dro+mg and al-cop,es fparf.alar complete) shvibe re(wred Ia Ih. orner upon oemond ! I � I I ' �70' R 0 W ESMT Vat tit, PG. 151 RESERVED rOR PUBLIC ROAD 70' R 0 W ESUT VOL 61, PG 129 I N W E 1 •Set '12" Rod W/Cap Revised South property line 8 'Moved 30'Norlh) l' • 200' IREVISION* 12.15-09 IPLAT DATE: 11 24 : CITY OF LUNBOCK BY: 8 BURROW SURVEY OATS: 11-21-( YED EM& M. MAR f IN JR1 CHECKED aY: G WIL SON Npti'IEEN LA0 % GM SitYEYgK,M 3330 tdrr It.. WE 702 • ur009, 11, MU 10001 700.0020 • ru IA001 797•40 36,067 9-2 0 Resolution No. 2010-RO618 Resolution No. 2009-RO559 EXHIBIT "A" Page 2 of 2 FIELD NOTES on a 9.00 acre tract of land out of Section 1224, W.C. Young Survey and Scrap File No. 8373, Garza County, Texas and being more particularly described by metes and bounds as follows: BEGINNING at a %" iron rod with cap, set an the existing West right of way line of F.M. 651, for the Southeast and beginning comer of this 9.00 acre tract, whence the Southeast comer of Scrap File No. 8373 bears South 88.32'01" East, 49.37 feet and South 01021'57" West, 948.10 feet; THENCE South 84042'36" West, a distance of 453.15 feet to a 1h" iron rod with cap, set for the Southwest comer of this 9.00 acre tract; THENCE North 01.27'59" East, a distance of 873.10 feet to a 1/2" iron rod with cap, set for the Northwest comer of this 9.00 acre tract; THENCE South 88.32'01" East, a distance of 497.94 feet to a '/x" iron rod with cap, set on the East line of Scrap File No. 8373, for the Northeast comer of this 9.00 acre tract; THENCE South 01021'57" West, a distance of 72.11 feet to a V�" Iron rod with cap, set on the existing West right of way line of F.M. 651, for a corner of this 9.00 acre tract; THENCE Southwesterly, along the arc of a curve to the left and being along the existing West right of way line of F.M. 651, an arc distance of 475.28 feet to a Vz" Iron rod with cap, set for a corner of this 9.00 acre tract, 'said curve having a radius of 2341.81 feet and a chord that bears South 7016'50" West, a distance of 474.46 feet; THENCE South 01027159' West, along the existing West right of way line of F.M. 651, a distance of 275.66 feet to the point of beginning. CONTAINING 9.00 acres of land. NOTES: 1. A survey plat of even survey date herewith accompanies this legal description. 2. Surveyed on the ground 11-21-08, revised 11-24-09, revised 12-17-09, revised 12-17-09 3.,411 distances are surface distances. 4. Fqarings are grid bearings based on the Texas State Plane Coordinate System, North Central ZoQ2,NAD83 Datum, U.S. Survey Feet. 5. qld es revised 6-02-09, revised 11-20-09, revised 12-15-09 OF RE STE PROFESSIONAL RVEYOR DA11:1Z-l?-09 c faM v/ HIGH-TECH LAND & GPS SURVEYORS, INC. 3330 701h St., Suite 202 • Lubbock. Texas 79413 (806)788-0020 • Fax (806) 792-1646 13-3 > city of bbock r¢xns DATE November 17, 2010 TO Wood Franklin, PE, Chief Water Utilities Engineer FROM Zoltan Fekete, PE, Senior Civil Engineer SUBJECT Agreement for Electrical Service with Lyntegar Electrical Cooperative to provide service to Post Pump Station Subject: Contract Resolution — Water Utilities: Consider a resolution authorizing the Mayor to execute Agreement for Electrical Service with Lyntegar Electrical Cooperative, Inc. for providing electrical service to Post Booster Pump Station. Summary: The City of Lubbock is engaged developing Lake Alan Henry as a new water supply source by constructing 65 miles of large diameter pipe, two pump stations, and a new water treatment plant. One pump station will be located at Lake Alan Henry just southeast of the John T. Montford Dam with a second located near the City of Post. The water treatment plant will use both conventional and ultra -fine membrane filtration technologies in order to treat water from Lake Alan Henry. This electrical service agreement with Lyntegar Electrical Cooperative, Inc. is for providing alternating current, 3 phase, 60 cycles, 4,160 volts, up to 3,437 KVA electrical power and energy to the Post Booster Pump Station. The City of Lubbock shall pay, upon execution of this contract, a one-time fee of Aid to Construction in the amount of $226,939 to reimburse Lyntegar Electric Coop for the capital cost of primary electrical line extensions, switches, transformers, meters, fuses and other appliances necessary for providing electrical power to Post Booster Pump Station. Fiscal Impact: A total of $57,250,000 appropriated and $226,939 is available in Capital Improvement Project number 92069 (Lake Alan Henry Pipeline) for this purpose. Staff/ Board Recommending: Marsha Reed, PE, Chief Operating Officer n r% n_ innn . 1 L7C 11th Oa.--. . i .A t.— A. 'rV 'MA c'7 . on.< "c 7nnn . !':N..e« !'..11 0--+ .. 1 1 1 . ....,..,