Loading...
HomeMy WebLinkAboutResolution - 2007-R0418 - Contract - South Plains Electric Cooperative Inc.- Electrical Infrastructure - 09_13_2007Resolution No. 2007-RO418 September 13, 2007 Item 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 an Electric Service Contract and any associated documents by and between the City of Lubbock and South Plains Electric Cooperative, Inc., of Lubbock, Texas, for installation and operation of electrical infrastructure for the Youth Sports Complex at FM 1585 and Milwaukee Avenue, which Contract is attached hereto and made a part of this Resolution for all intents and purposes. Passed by the City Council this 13th day of ATTEST: Rebe ca Garza, City Secretary September DAVID A. MILLER, MAYOR APPR Vr S TO ,,i NTENT: Randy Truesde 1, Community Services Director APPROVED AS T-Q FORM: Don Vandiver, Attorney of Counsel DDres/SPEC'-YoulhSporls07C'on Res September 4.2007 , 2007. Resolution No. 2007-RO418 AGREEMENT FOR PROVISION OF ELECTRIC SERVICE (WITH GRANT OF EASEMENTS) Based on the mutual promises and covenants herein, the parties agree as follows: 1. Parties: 1.1 City of Lubbock, Texas, a Texas home rule municipality, P.O. Box 2000, Lubbock, Texas 79457 (hereinafter referred as the "City") 1.2 South Plains Electric Cooperative, Inc., P. O. Drawer 1830, Lubbock, Texas 79408 (hereinafter referred as "SPEC"). 2. Definitions: 2.1 The "Site" is a Sportsplex to be built by or for the City of Lubbock Parks and Recreation Department at the Northeast corner of the intersection of FM 1585 and Milwaukee Avenue. The Site is legally described as set forth in Exhibit "A", attached hereto and incorporated herein for all purposes. 2.2 "Electric Service" shall include: a. the provision of electric power and energy to the Site, and; b. the installation, operation and maintenance of the electric distribution system (the "Infrastructure") required to provide electric power and energy to each meter location within the Site. 2.3 SPEC is a cooperative corporation which, pursuant to the Public Utility Regulatory Act, 1997, meets the definition of an "Electric Utility" and has been granted the required certificates, franchises and approvals to lawfully provide Electric Service to the Site. 2.4 City is the owner of the Site. 3. Purpose: 3.1 The general purpose of this Agreement is to provide for the installation and operation by SPEC of the Infrastructure within the Site and to set forth the contribution in aid of construction to be paid by City to offset the costs of SPEC in providing Electric Service to the Site. 3.2 By virtue of this Agreement, the parties herein agree to cooperate in the design of the Infrastructure, to coordinate the installation of the Infrastructure with the installation of other utilities, and to establish a plan for provision of Electric Service by SPEC. 3.3 Incorporation of Tariff. SPEC's Tariff for Electric Service as approved by the Public Utility Commission of Texas (the "Tariff') is hereby made a part of this Agreement and is on file and available at SPEC's offices in Lubbock, Texas. To the extent that there is any inconsistency between the Tariff and the terms of this Agreement, the terms of this Agreement shall control. 4. Term 4.1 This Agreement shall become effective on the date executed by the Parties (the "Effective Date") and shall remain in effect until the completion of the installation of the Infrastructure (the "Term"). 4.2 The expiration or termination of this Agreement shall not be construed to constitute a termination of any easements which have been utilized by SPEC in the installation of Infrastructure therein (which easements shall in any event continue until abandoned by continuous non-use of not less than two years) which have been granted to SPEC prior to termination. Furthermore, the expiration or termination of this Agreement shall not be construed to terminate SPEC's obligation to operate and maintain the Infrastructure. 5. Commitments to SPEC 5.1 By virtue of this Agreement, City requests SPEC to install and provide Electric Service to the Site according to terms and conditions defined in this Agreement. 5.2 City agrees to pay SPEC the Contribution in Aid of Construction in accordance with and as required by Section 7 below. 5.3 City agrees to provide to SPEC the necessary consents, agreement, easements and access to effectuate the provision of Electric Service, to effectuate the intent of this Agreement and to enter onto the Site to install the Infrastructure consistent with the development of the Site. N 5.4 City agrees to provide Site plans (streets, wet utilities, mechanical, electrical, plumbing, and landscaping plans, etc.), notice of construction start dates and construction schedules that are reasonable and industry typical for the type of work to be performed and which coordinates with the scheduling of other utility providers installing facilities in shared trenches. City and SPEC shall mutually agree to a written timeline for installation of the Infrastructure which shall provide for not less than thirty (30) days notice to SPEC before installation is to commence. City agrees to immediately notify SPEC, via e-mail, of any required extensions to the agreed timeline. 5.5 City agrees to provide at its own cost, survey points for grades, lot corners, street ROW, and other locations reasonably necessary for installation of the Infrastructure. 5.6 Upon installation of Infrastructure according to City approved Infrastructure design, City agrees to pay the cost of any Infrastructure relocations required due to City request or incorrect survey information. 5.7 This Agreement constitutes a covenant which runs with the land. 6. Commitments to City 6.1 The Infrastructure: 6.1.1 SPEC will install Infrastructure (to be owned, operated and maintained by SPEC) as required to provide Electric Service to each meter location within the Site. 6.1.2 The Infrastructure may include, but is not limited to, 25 kV primary cables, secondary cables, secondary pedestals, conduits, vaults and manholes, padmounted sectionalizing enclosures, padmounted transformers, padmounted switchgear, pole lines, guy wires and anchors, and metering equipment as needed to provide Electric Service. Installation of the Infrastructure will be according to construction plans prepared by SPEC and approved by City, subject to SPEC construction standards, applicable law, National Electric Safety Code, and regulations of entities with regulatory authority over the Site. 6.1.3 The Infrastructure will be installed by SPEC according to the written timeline referenced in Section 5.4 above acceptable to both parties. SPEC agrees to use good faith efforts to meet deadlines and construction 3 schedules set forth by the City and will notify City of any material delays in SPEC meeting such schedules. 6.1.4 SPEC will use its reasonable best efforts, subject to good engineering practice, standard electric utility construction practices, National Electric Safety Code, and regulations of entities with regulatory authority, to meet City requirements regarding the placement of transformers, vaults, street lights, meter bases, etc. to enhance the aesthetics of the project. 6.2 Street/Park Lighting: 6.2.1 City, at its own cost and expense, shall install any street/park lighting within the Site as needed to comply with City ordinances and regulations. SPEC will cooperate in such installation with City and its contractors for such lighting. 6.2.2 The monthly charge for street lighting service will be according to the applicable rate schedule for lighting service in the Tariff. 7. Contribution in Aid of Construction of Infrastructure: 7.1 In accordance with its standard policy concerning extension of service to previously unserved areas within its area of certification, SPEC requires City to pay a Contribution in Aid of Construction to offset the cost of Infrastructure to be furnished and installed by SPEC in previously unserved areas. 7.2 The Contribution in Aid of Construction with respect to the Infrastructure for the Site has been calculated to be $81,101.34, to be payable, at City's option, either (i) one half prior to the start of construction with the other half due at completion of the installation of such Infrastructure; or (ii) paid in full prior to the start of construction. If City elects to pay in full in advance, then the City will be given an early payment discount of $1,130.55, making the discounted payment amount $79,970.99. 7.3 The calculation of the Contribution in Aid of Construction is based on SPEC (and its contractors) having unencumbered access to the Site after all final grades have been achieved and before the installation of any other utilities. Subject to Section 9.5, any additional expense caused by restricted access, site congestion or the prior installation of other utility product which creates a hindrance or obstacle to the timely and efficient installation of the Infrastructure shall be passed through to City and be payable at completion of installation along with the final payment under Section 7.2. SPEC shall provide written notification to City of any 4 additional expenses incurred or expected to be incurred prior to completion of installation and in accordance with Section 9.4. 8. Grant of Easements: 8.1 City hereby grants, bargains, sells and conveys unto SPEC, its successors and assigns, the perpetual right, privilege and easement, at any time and from time to time to lay out, to erect, to construct or reconstruct, operate, maintain, service, inspect, repair, replace and/or move the Infrastructure necessary and desirable for the provision of Electric Service, over, under and across the Site, together with the right of ingress to and egress to and from said easement or right of way, over and within the boundaries of the Site at all reasonable times and intervals for the purposes stated. 8.2 City shall have the right to subsequently designate the location(s) of the Easements granted herein by designating a location containing sufficient area, as reasonably required by SPEC, to allow SPEC to install and maintain the necessary Infrastructure. Upon final approval of a subdivision plat for all or a portion of the Site ("Approved Plat") by the applicable authority having approval authority or upon acceptance by SPEC of an easement location for all or a portion of the Site designated by City, the easements granted by this instrument shall, without further action, be automatically thereafter limited, as to the portion of the Site covered by the Approved Plat, to the confines of the applicable utility easement provided for in the Approved Plat or designated by City and approved by SPEC. If no Approved Plat is involved, then SPEC will, upon request of City, execute an instrument to limit and define its easement concerning all or a portion of the Site, to the area designated and approved by SPEC for such Easement. 8.3 The easement(s) granted to SPEC shall be non-exclusive and irrevocable and include the full right, power, and authority to install, use, maintain, repair, and replace the Infrastructure and to use such Infrastructure to provide Electric Service within and outside the Site. 8.4 City may use easement areas for purposes which do not unreasonably interfere with SPEC's use of the easement areas. Improvements such as landscaping, irrigation equipment, parking, driveways, streets, and other utilities may be placed in, under or upon the easement areas provided that such does not interfere with SPEC's use of the easement areas. Improvements such as buildings and walls typically interfere with SPEC's use of the easement and may be placed by City in, under or upon the easement areas only with written approval by SPEC. 8.5 City shall be entitled to relocate easements and easement areas provided that substantially equivalent easement areas are provided prior to such relocation and the City pays the cost of relocation of SPEC's distribution system to the new easement areas. 9. Miscellaneous: 9.1 The provisions of this agreement are severable, and in the event a portion of this Agreement is determined by a court of competent jurisdiction to be invalid, in whole or in part, the remaining provisions shall remain in full force and effect. 9.2 This Agreement shall be binding upon and inure to the benefit of the parties hereto, their respective successors -in -interest, legal representatives and assigns. 9.3 This Agreement contains confidential information which is legally privileged and intended only for the use of SPEC and City. Subject to Texas Government Code Chapter 552 and any other applicable federal or state law, statute, regulation or order, disclosure of this information outside of the intended users is strictly prohibited. 9.4 All notices, payments, consents, or presentments to be given pursuant to this Agreement by any party shall be in writing and shall be deemed given when personally delivered or when sent by certified or registered mail, return receipt requested, or by facsimile with printed confirmation, to the other parties, addressed to the parties as shown in Section 1 of this Agreement. 9.5 Force Maieure: 9.5.1 Neither party shall be liable for delays in delivery or performance, or for failure to deliver or perform when caused by any of the following: Acts of God, acts of the public enemy, acts or failures by the other party, acts of civil or military authority, governmental priorities, strikes or other labor disturbances, hurricanes, earthquakes, fires, floods, epidemics, embargoes, war, riots, delays in transportation, loss or damage to goods in transit, and other causes beyond the reasonable control of the party. 9.5.2 In the event of such delay, the party delayed shall immediately notify the other party of the existence and nature of such delay, and the date of delivery or performance shall be extended for a period equal to the effect of the time lost by reason of the delay. The delayed party shall use its best efforts to minimize the period of delay wherever possible. Z 9.6 This Agreement shall be construed in accordance with, and under the laws of, the State of Texas. 9.7 This Agreement may be executed in multiple counterparts, and each counterpart shall be considered as if it were an original. 9.8 This Agreement constitutes the complete and final agreement between the Parties with respect to the subject matter hereof and may not be contradicted by evidence of prior or contemporaneous oral agreements of the Parties. There are no oral agreements between the Parties. EXECUTED to be effective as of the 13th day of September , 2007. CITY: �SPEC: / Mom/_. DAVID A. MILLER JAM DRIVER MAYOR EXE TIVE VICE PRESIDENT AND GENERAL MANAGER ATTEST: A'LL�� �=tt Rebecca Garza, City Secretary APPROV D S T ONTENT: Ran y ru dell Community Services Director APPROVED AS TO FORM: 1 G. Vandiver Dona d G y Attome n 7 THE STATE OF TEXAS COUNTY OF LUBBOCK f� This instrument was acknowledged before me on the 13 ' day of�2007, by David A. Miller, Mayor of the City of Lubbock, Texas, a Texas home rule municipality, on behalf of said municipality. _ r, Notar ublic Signature CELfA WEBB ' Notary vubk slab of Toms My Cwa is" Expires DOI-Xi o THE STATE OF TEXAS COUNTY OF LUBBOCK This instrument was acknowledged before me on the 4JA day of i , 2007, by D6 oe c ,WNW of outh Plains Electric Cooperative, Inc., a Texas corporation, on behalf of saiJ corporation. r R Notary Pu c Signature K R` L N14AhPl PR;e * otar�Puhltf1 3�01� 8 Resolution No. 2007-RO418 EXHIBIT A LUBBOCK YOUTH SPORTS COMPLEX SOUTHWEST QUARTER OF SECTION TWENTY (20), BLOCK A-K, LUBBOCK COUNTY, TEXAS FUTURE 12211d Street ,_7 C 11--A Ic f Ik 14IN Too L 6,c FSkFV'fi 48 11ANn1c,1, ip CESNIUMN cc FI F1 D, VIUDI 4 G1-7E PLAN wmarchit�ct�