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PACKET Light and Power 1996-03-14
AGENDA Light and Power Committee March 14, 1996 8:00 a.m., Board Room 1. Proposed 1996 Electric Rate Changes °Year Round Time of Day Rates °Large Commercial Combined Billing Charge 2. Highway 34 Street Light Conduit Installation ° Authorization to Contract for Construction Service 3. Rocky Mountain National Park Utility Service Contract ° Authorization to Execute Contract 4. Reports A. PIatte River Power Authority B. Financial Report C. Project Updates NOTE: The Light and Power Committee reserves the right to consider other appropriate items not available at the time the agenda was prepared. TOWN OF ESTES PARK Office Memorandum To: Light and Power Committee From: Richard E. Matzke -PE 2502-- Date: March 13, 1996 Re: Proposed 1996 Electric Rate Changes Following is notice of public hearing on April 23, 1996 to consider modifications ofthe Town's Residential Energy and Small Commercial Time ofDay, Large Commercial and RMNP Large Administrative electric rates. Included is a summary ofthe proposed changes. The Light and Power Department recommends that the existing time of day rates be extended to twelve months per year. We have reviewed our load curves during the summer months and do not believe this change will have a negative impact on our wholesale power cost. At present, there are 62 customers billed on these time of day rates and to our knowledge, all support this change. The department would also like to introduce an optional combined billing charge to customers in the Large Commercial and RMNP Large Administrative rates. This option would allow customers with multiple meters to be billed as one account. The combined billing charge is $50 per meter to determine a coincident billing demand from multiple meters. Customers with individual accounts that peak at different times than their combined time of peak would benefit from this option. There are 77 customers presently billed at the Large Commercial and RMNP Large Administrative rates. REM Page 1-1 NOTICE OF PROPOSED RATE MODIFICATIONS TO THE ELECTRIC RATES OF THE TOWN OF ESTES PARK, COLORADO MARCH 22, 1996 A proposed modification of the Town ofEstes Park's C'the Town") rate schedules will be considered by the Town's Board of Trustees at a public hearing on April 23, 1996, at 7:30 p.m., in the Board Room located in the Municipal Building, 170 MacGregor Avenue, Estes Park, Colorado. At this public hearing an extension of the on and off peak time periods to twelve months per year for customers billed at the Town's existing time of day electric rates will be proposed. At the same public hearing, a combined billing option will be proposed for customers billed at the Town's Large Commercial and RMNP Large Administrative rates. Any electric customer ofthe Town may appear, either personally or through counsel, at the public hearing to provide testimony or comment regarding the proposed modifications. The modifications are proposed to become effective with the first billing period after May 23, 1996, and will affect the electric rates of electric accounts billed at the Residential Energy Time ofDay and Small Commercial Time ofDay rates. An optional combined billing charge will be made available to customers billed at the Large Commercial and RMNP Large Administrative rates. The purpose ofthe modifications is to extend the Town's existing Time ofDay rates to twelve months per year. The combined billing option will allow Large Commercial and RMNP Large Administrative customers with multiple accounts to combine these accounts for billing purposes when economically feasible for the customer. The modifications will apply equally to customers within each affected rate category. You are hereby also advised that the entire proposed rate schedules are available for public inspection at the offices of the Light and Power Department, Estes Park Municipal Building, 170 MacGregor Avenue, Estes Park, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday. Proposed rates are summarized as follows: 1-2 TOWN OF ESTES PARK, COLORADO PROPOSED LIGHT & POWER RATE CHANGES EXISTING RATES RESIDENTIAL-ENERGY TIME OF DAY (Code 78 or 88) Available for residential service to customers with electric space heat storage systems and total consumption during on- peak periods of less than 20,000 kWh annually. Customer charge $3.00/month Energy charges Winter Season (10/1 to 5/31) (on-peak) $0.08/kWh (off-peak) $0.0255/kWh Summer season (6/1 to 9/30) All energy $0.06359/kWh SMALL COMMERCIAL-ENERGY TIME OF DAY (Code 79 or 89) Available to small commercial customers with electric heat storage systems and othenvise would be served under the Small Commercial rate. Customer charge $7.25 Energy charges J Winter season (10/1 to 5/31) (on-peak) $0.0867/Kwh (off-peak) SO.0255/Kwh Summer season (6/1 to 9/30) All energy SO.06892/Kwh LARGE COMMERCIAL (Code 75 or 85) Required for commercial service with demand exceeding 35 kW in any two consecutive months. Demand charge $9.26/kW Energy charge SO.02959/kWh Minimum $9.26 x minimum monthly billing demand or $55 which ever is greater RMNP LARGE ADMINISTRATIVE (Code 95) Available to Rocky Mountain National Park Large Administrative Service accounts who have an alternate source of electric power and have demand exceeding 35 kW in any two consecutive months. Demand charge $4.13/kW Energy charge $0.01491/kWh Minimum $4.13 x minimum monthly billing demand or $55 which ever is greater 1-3 PROPOSED RATES RESIDENTIAL-ENERGY TIME OF DAY (Code 78 or 88) Available for residential service to customers with electric space heat storage systems and total consumption during on- peak periods of less than 25,000 kWh annually. Customer charge $3.00/month Energy charges (on-peak) $0.08/kWh (off-peak) $0.0255/kWh SMALL COMMERCIAL-ENERGY TIME OF DAY (Code 79 or 89) Available to small commercial customers with electric heat storage systems and on peak demand not exceeding 35 kW. Customer charge $7.25 Energy charges (on-peak) $0.0867/kWh (off-peak) $0.0255/kWh LARGE COMMERCIAL (Code 75 or 85) Required for commercial service with demand exceeding 35 kW in any two consecutive months. Demand charge $9.26/kW Energy charge $0.02959/kWh Minimum $9.26 x minimum monthly billing demand or $55 whichever is greater Combined Billing Charge (optional) $50/meter RMNP LARGE ADMINISTRATIVE (Code 95) Available to Rocky Mountain National Park Large Administrative Senice accounts who have an alternate source of electric power and have demand exceeding 35 kW in any two consecutive months. Demand charge $4.13/kW Energy charge SO.01491/kWh Minimum $4.13 x minimum monthly billing demand or $55 which ever is greater Combined Billing Charge (optional) $50/meter NOTE: Monthly demand shall be the highest 15 minute integrated demand occurring during the billing period. Time of Day Hours: Off Peak 10:00 p.m. to 6:00 a.m. and 1:00 p.m. to 3:00 p.m. weekdays All hours on Saturdays, Sundays, New Years Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day. On Peak All other time periods Time of day rates may require payment for installation of additional metering equipment. 1-4 TOWN OF ESTES PARK Office Memorandum To: Light and Power Committee From: Richard E. Matzke-7~ Z·t~- Date: March 13, 1996 Re: Highway 34 Street Light Conduit Installation ° Authorization to Contract for Construction Service The above project involves installation of approximately 7,000' of 2" PVC conduit in various locations along the south side ofHighway 34 beginning at a point 200' east ofthe Highway 34 & 36 intersection, extending east to Dry Gulch Road at a depth of two to three feet. Barring unforeseen obstacles, all street lights within this project will be fed underground upon completion. The Light and Power Department requested two bids on installation of this conduit and received only one from Chief's Landscaping for a total cost of $23,230. We have reviewed this bid, and the cost is consistent with recent contracts of similar scope. This contractor has done excellent work for the department on previous projects. The Light and Power Department recommends that the contract for the Highway 34 Street Light Conduit Installation be awarded to Chiefs Landscaping for an amount not to exceed $23,230. REM Page 2-1 NFS UFNS ENbKWC)t) ILL:OUO-903-LU04 mar 10 90 0·OV NO .VU 1 r.Ul 4 United States Department of the Interior NATIONAL PARK SERVICE Field Operations Technical Support Center IN REPLY REFER TO: 7333 W. Jefferson Avenue P.O. Box Z5Z87 FA~CATION FAX NUMBER: (970) 586-6909 DATE: March 12, 1996 TO: Richard E. Matzke, Director, Town of Estes Park, Light and Power Department, (970) 586-5331W, (970) 586-2837H, FROM: DON ZIEMAN. Chief, Branch of Utility Engineering. WASO-OE (DENVER). (303) 969-2085. Cellular (303) 829-0489 MAIL THE ORIGINAL AFTER FAXING: Yes XXX No SUBJECT: Revised Draft Electric Service Contract NUMBER OF PAGES TO FOLLOW: 11 FAX COPIES TO: Name. Companv. FAX No. Michael Schmitz, Sr Sys Engr, PRPA, (970) 229-5269, FAX (970) 229-5219 John Kilpatrick, ROMO, (970) 586-1298, FAX (970) 586-1314 REMARKS/SPECIAL INSTRUCTIONS: The attached draft electric service contract has been revised since the last version. Please review and provide our Office with camments. We understand this revision will be reviewed at the Thursday meeting. RETURN FAX MACHINE NUMBER: (303) 969-2034 FAX VOICE OPERATOR NUMBER: (303) 969-2080 Mailing address: Express mail address: WASO-OE WASO-OE Attn: Utility Engrg. Attn: Utility Engrg. P.O. Box 25287 12795 W. Alameda Pkwy Denver, CO 80225-0287 Lakewood, CO 80228-2838 D:\FAX~ROMO\TO!33 3-2 OPNS ENGRG<)E) TEL:303-969-2034 Mar 13'96 8:OU No .UU 1 F.1 L REVISED DRAPT March 12,1996 Fam#*4%, 996 REVISED DRAEr 2 Utaity Ser,ke C.itrict No. 1443UI2421%011 [UT>CX•ward] for Ehd,ic Service Reay Me-taim National Faa C,OR/do THIS CONTRACT (hereinafter ~Contractu) entered into this ) day of , 1996, by and between the UNITED STATES ) OF AMERICA, acting through the NATIONAL PARK SERVICE, DEPARTMENT L OF THE INTERIOR (hereinafter "National Park Service" or "Park ! Service"), pursuant to the authority contained in the Federal I Property and Administrative Services Act of 1949, as amended 6 (Sec. 201, 40 U.S.C. 481 and awarded under authority 41 U. S.C. ; 253 (c) (1) ) and THE TOWN OF ESTES PARK, COLORADO (hereinafter i "Town"), or also means its Contractors, agents or assigns, r authorized to conduct business in the State of Colorado, and I having its principal office and place of business at P.O. Box 1 1200, Estes Park, Colorado 80517, and the PLATTE RIVER POWER AUTHORITY (hereinafter "Authority"), or also means its . Contractors, agents or assigns, authorized to conduct business in t the State of Colorado, and having its principal office and place of business at 2000 East Horsetooth Road, Fort Collins, Colorado 80525-5721, (collectively the "Parties") ; WITNESSETH, THAT: WHEREAS, it is the desire of the parties to enter into a trilateral Contract for Electric Service, subject to obtaining all necessary consents, private easements, approvals, permits, and Right-of-Ways; and WHEREAS, the Park Service desires that the Town provide Electric Service for the existing and proposed electric Utility System, located within areas both inside and outside of the boundary of the Rocky Mountain National Park (hereinafter "Service Arean), installed by the Town under bilateral Utility Connection Contract No. 1443CX061095005 and modifications thereof between the Park Service and the Town; and WHEREAS, the Park Service administers Rocky Mountain National Park (hereinafter °Parku); and WHEREAS, the Authority supplies power to the Town from the Town- owned Mary's Lake Substation (hereinafter gSubstation~), and also operates and maintains the Substation, which supplies Electric Service to the Park; a~~*ezo·,mea'¥.» WHEREAS, the Town desires to receive a credit from the Authority, or an adjustment to the Town's billing fram the Authority for Electric Service delivered to the Park's administrative use loads, including losses; and WHEREAS, the Park Service desires that the Town develop and apply Much 12, 1996 RB#,WIMIFal\396\\D:\ROMO\SVC.ELBCONTISVC.WS dw: Page 1 3-3 W V Ul VI »- W INr O u r iN O Clvuriu\ /C / I CL·QUO- LOOP-ZV 04 1.1 Cli 10 PO O • 041 INU.VVi r .VO 55 a special rate schedule for Park administrative use loads, which 56 have access to free power from the U.S. Bureau of Reclamation 57 (hereinafter "BOR") . Such rates should be designed to recover the 58 Town's costs for the delivery only for the free BOR power. 59 60 WHEREAS, all the Town's rates, rules, regulations and practices 61 are subject to the jurisdiction of and regulation by the Town's 62 Light and Power Committee and Board of Trustees in the manner 63 prescribed by law; and the Town is subject to various rules, 64 orders, procedures, and regulations imposed by the Colorado 65 Public Utility Commission (hereinafter "Commission"); and 66 67 NOW. THEREFORE, in consideration of the mutual covenants herein 68 contained, the parties hereby agree as follows: 69 70 A. DEFINITIONS 71 72 Share: is a portion of operations and maintenance costs of the 73 Substation. The charge will be a share of the annual operations 74 and maintenance costs as a ratio of power consumed by the Park 75 and Town per calculations incorporated in Attachment No. 4, 76 herein below in Section W. 77 78 Electric Service: is the electric utility service or delivery of 79 power. 80 81 Uncontrollable Forces: Any force beyond the control of and 82 occurring without the fault or negligence of a Party, whether 83 caused by acts of God or the public enemy such as fires, floods, 84 earthquakes, drought, or other catastrophes, strikes, failure or 85 breakdown of the Town's electric delivery Utility System, as. 86 defined hereunder inside or outside of Park's boundary caused by 87 such forces. 88 89 Utility System: The electric delivery system, consisting of: 90 (1) the existing Park Service-owned transmission system from the 91 Substation outside of the Park boundary to the Voltage Regulation 92 Equipment located at the maintenance area inside of the Park 93 boundary, (2) Park Service-owned distribution system, and (3) the 94 Town-owned existing and new distribution facilities, including 95 underground, surface laid, aerial power lines, transformers, 96 pads, metering equipment, and other appurtenances located in the 97 Service Area, as they are constructed by the Town, are covered by 98 this Contract. 99 100 B. CONTINUITY OF SERVICE 101 102 The Town shall provide a regular and uninterrupted Electric 103 Service in the Service Area. The Town shall not be liable in any 104 respect whatsoever for any failure, suspension, or diminution of 105 Electric Service [or variation in voltage or frequency 106 occasioned] in whole or in part by any cause beyond the control 107 and without the fault or negligence of the Town, whether caused 108 by "uncontrollable forces" herein described such as but not March 12, 1996 B613*&~yug€\mim\D:\ROMOU 3-4 dwz Page 2 NPS OPNS ENGRG<)E) TEL:303-969-2034 Mar 10'96 5:00 NO.UU1 7.94 109 limited to either catastrophes caused by acts of God such as 110 earthquakes, storms, fire, flood, lightning and severe weather or 111 manmade acts or catastrophes caused by manmade actions by the 112 public enemy, war, blockade, public riot, strikes or other labor 113 difficulties, Governmental restraint or action by Government 114 agencies, lockouts, explosions, or other manmade catastrophe, but 115 not limited to, such as breakdown of the Utility System. 116 117 Utility Service shall be provided from the date of execution of 118 this contract and after campletion of the Utility System provided 119 in the bilateral utility connection Contract No. 1443CX061095005, 120 between the Park Service and the Town. 121 122 C. NOTICES 123 124 All notices required to be given shall be given on the order of 125 the appropriate official of the party giving same and shall be 126 delivered or mailed by certified or registered mail to the party 127 to whom notice is to be given. Said notice shall be deemed to 128 have been given on the date of delivery or three (3) days after 129 posted mailing or depositing same in the United States Post 130 Office, postage prepaid, addressed as follows: 131 132 Authority: Platte River Power Authority 133 Attention: Mr. Michael J. Schmitz, Sr System Engr 134 2000 East Horsetooth Road 135 Fort Collins, Colorado 80525-5721 136 (970) 229-5269, Denver-Line (303) 572-1566 137 FAX (970) 229-5219 138 139 Town: Town of Estes Park, Light and Power Department 140 Attention: Mr. Richard E. Matzke, P.E., Director 141 170 MacGregor¥ Avenue 142 P.O. Box 1200 143 Este Park, Colorado 80517 144 (970) 586-5331, FAX (970) 586-6909 145 146 Park Service: WASO-FOTSC 147 Attention: Mr. Mel Fowler, Contracting Officer 148 P.O. Box 25287 or 12795 Alameda Parkway 149 Denver, CO 80225 Lakewood, CO 80228 150 (303) 969-2721, FAX (303) 969-2034 151 152 Park Superintendent: Rocky Mountain National Park 153 Attention: Mr. Randy Jones, Superintendent 154 Estes Park, CO 80517 155 (970) 586-2371, FAX (970) 586-1314 156 157 D. AUTHORIZED TO CONDUCT BUSINESS IN THE SERVICE AREA 158 159 The Park Service authorizes the Town, during the term of this 160 Contract and any renewals or extensions thereof, to engage in 161 providing Electric Service and to conduct utility business in the 162 Service Area, and in connection therewith to own or lease, March 12, 1996 ERIN#NUB,\UR \W:UU 3-5 'C.WS dwa Page 3 Nrb UYNb ENWKel)£) ILL:OUO-90'9-LU04 mar 10 90 O•00 INU .UU 1 r .UD 163 install, operate, repair, replace maintain, inspect, and improve 164 the Utility System required by the Town for providing said 165 Electric Service and conducting utility business within the Park 166 under the provisions of this Contract. 167 168 E. OWNERSHIP OF NEW UTILITY SYSTEM 169 170 The ownership of all materials and equipment furnished and 171 installed by the Town required for performance of this Contract 172 and for the operation and maintenance shall be the property of 173 the Town. This property shall be vested in the Town. 174 175 In the event that the Park Service desires to discontinue the 176 Electric Service provided by the Town, the Park Service 177 Contracting Officer shall provide written notice to the Town, 178 such notification to be sent by certified mail, to the duly 179 authorized official named in Section C above and the Town shall 180 remove the Utility System or the Utility System may be purchased 181 by the Park Service. 182 183 The Town shall not sell or transfer the ownership of the Utility 184 System to other parties without prior approval from the Park 185 Service. At no time shall the Town mortgage or use for collateral 186 the Utility System. If and when the Electric Service is 187 terminated by the Town or the Park Service, in no way shall the a 188 Town jeopardize the ownership of the Utility System from - 189 reverting back to and becoming the property of the Park Service. 190 191 Nothing contained in this Contract is intended to vest the ~ 192 ownership rights of the Town-owned Utility System to the Park 193 Service. Nothing contained in this Contract is intended to vest 194 the ownership rights of the Park Service-owned Utility System to 195 the Town. The ownership transfer of the Park Service-owned 196 transmission and distribution Utility System are not addressed in 197 this Contract. The transfer will be addressed at a later date in 198 a separate Bill of Sale Contract. 199 200 F. CLAIMS OF BREACH OF AGREEMENT OR OF INEQUITIES 201 202 This Contract shall be subject to the Contract Disputes Act of 203 1978 (41 U.S.C. 601-613), in accordance with Federal Acquisition 204 Regulation subpart 52.233-1 Disputes, included in the General 205 Provisions of the Attachments. 206 207 G. MARY'S LAKE SUBSTATION CHARGES 208 209 The Authority will charge the Park Service, retroactively, a 210 proportional Share for the operations and maintenance of the 211 Substation. The dharge will be a share of the annual operations 212 and maintenance costs as a ratio of power consumed by the Park 213 and Town per calculations incorporated in Attachment No. 4, 214 herein below in Section W. The Contract shall be modified after 215 October 1, of each year, thereby allowing for the Park Service to 216 pay the Authority for the Share for the preceding Fiscal Year. March 12. 1996 1-WA»WUBATU9€AD:\ROMO\SVC.Ell 3-6 Page 4 NPS OPNS ENGRG<)E) TEL:303-969-2034 Mar 13'96 8:33 NO.UU 1 F.Ub 217 218 H. TOWN' S BILLING ADJUS™ENT 219 220 The Authority will adjust the Electric Service Invoice to the 221 Town to account for power delivered to Rocky Mountain National 222 Park administrative loads (including an adjustment for losses) in 223 a manner mutually agreeable to the Tawn and Authority. 224 225 441% \\'(th#\%444\444\ #44\44%44*1%3r\#4\44*41,4*\444\%44\t#*414 226 411114#\4111\44\44144444\41/\#44\444,44*1#¥k 227 228 I. TOWN RATES 229 230 Except as otherwise provided in this Contract or hereafter agreed 231 upon, Electric Service made available or furnished pursuant 232 thereto, and any extension of the Town's facilities outside of 233 the Service Area, shall be furnished in accordance with and 234 subject to the applicable established rates, contained within the 235 Town's Extension Policies, Chapter 13.16 of the Municipal Code of 236 the Town. \\\\\\\\\41.144\444\144*14#1444\4*\#44\X##4\ 237 238 It is agreed that the Park Service, Park Service employees, 239 concessionaires, concessionaires employees, and any other 240 customers within the Service Area will be metered and/or billed 241 directly by the Town based on the most current Town Rate 242 Schedules, Chapter 13.12 of the Municipal Code of the Town. 243 #k#144444\*uk\4144#ki#\44#4klh#\*4114¥\4481\414#ttl#\411,1,14.*\44#4k 244 X44414&[4\\424144444\44\\\\\A incorporated herein below in 245 Attachment No. 2 of Section W. 246 247 Electric Service furnished under this Contract shall be subject 248 to regulation in the manner and to any extent prescribed by 249 Federal, State or local Regulatory Bodies, and the Town Board, 250 having jurisdiction over the supply of Electric Service to the 251 Town's customers generally. 252 253 If, during the term of this Contract, the Town having such 254 jurisdiction, files in the authorized manner, rates that are 255 higher or rates that are lower than those stipulated in effect 256 hereunder, the Town agrees to continue to furnish Electric 257 Service as stipulated and the Park Service agrees to pay for such 258 Electric Service at the higher or lower rates from and after the 259 date such rates are made effective. 260 261 During the term of this Contract, in the event the Town, shall 262 make effective any new or amended rate schedule or conditions of 263 Electric Service applicable to the class of service furnished to 264 the Park Service at any service location in the Service Area, the 265 Town shall make same available to the Park Service. Unless 266 otherwise notified in writing by the Park Service within 267 days from receipt, the Town shall substitute such new or amended 268 rate schedule or conditions of service, commencing with the 269 billing period in which such new or amended rate schedule or 270 conditions of service becomes effective. March 12, 1996 PM,al,10A\Bgf\1996A,D:\ROMO\SVC.ELS 3-7 Page 5 4FS UFNS ENbKbi)E) [EL:SUb-969-2034 Mar 13'96 8:36 No .UU 1 F.U< 271 172 J. TERM OF CONTRACT 273 !74 The term of this Contract shall be for a period of ten (10) years 275 after the last signature is affixed below. !76 :77 Although it is expressly understood that the Town is not under. 178 any obligation to continue to provide, and the Park Service is :79 not under any obligation to continue to accept, any service under !80 this Contract beyond the term hereof, it is contemplated and 081 anticipated that, upon expiration of this Contract, a similar 82 successor Contract will be agreed upon by the Park Service, the :83 Town and the Authority. 84 85 K. PAYMENT OF UTILITY SERVICE ,86 87 All bills for payment of services under this Contract shall be 88 paid in accordance with the Town's currently effective Rules and 89 Regulations in its tariffs as filed from time to time with the 90 Town Board of Trustees. The Park Service shall be entitled to any 91 discounts customarily applicable to payment of bills by any 92 paying customer of the Town. However, payments hereunder shall 93 not be made in advance of services rendered. 94 95 Nothing in the Contract shall be construed as binding the Park 96 Service to expend in any one fiscal year any sum in excess of 97 appropriations made by Congress for that fiscal year in 98 furtherance of the subject matter of this contract, or to involve 99 the United States in any Contract or other obligation for the 00 future expenditures of money in excess of such appropriations. 01 02 L. MAINTENANCE 03 04 The Town shall be responsible for all of the operation, 05 maintenance, repair, service, replacement, and the associated 06 cost thereof for the existing and future Town-owned transmission 07 and distribution Utility System, located inside and outside of 08 Park boundary at no additional cost to the Park Service, and the 09 Park Service-owned Utility System, after it is transferred fram 10 the Park Service to the Town, other than the monthly billing for 11 providing Electric Service. 12 13 The Park Service shall be responsible for all of the operation, 14 maintenance, repair, service, and replacement and the associated 15 cost thereof, for the Park Service-owned transmission and 16 distribution Utility System located inside and outside of the 17 Park boundary until ownership is transferred to the Town. 18 19 M. METER TEST/FLOW MEASUREICIT CALIBRATION 20 21 All electric billing meters shall be inspected upon installation, 22 at the sole cost of the Town, in a manner provided by the Rules 23 and Regulations pursuant, per regulations of the Town the same as 24 for other customers of the Town using similar service. Subsequent March 12, 1996 l ataINUB>\m96UD:\ROMOMVC.EL 3-8 Page 6 /24' NPS UPNS ENGRG<)E) IEL:3U3-9b9-2U34 Mar 10'9b *:Or NO.UUI Y.UU 325 inspection, periodic testing, repair and replacement of electric 326 meters shall be done at the Town's expense. in such place and 327 manner as are also provided by the said Rules and Regulations of 328 the Town. 329 330 Whenever any meter shall be found to be defective it shall be 331 replaced or repaired immediately. The Park Service shall have the 332 right to request that a special meter test be made at any time. 333 If any test made at the Park Service's request discloses that the 334 meter tested is registering correctly in accordance with the 335 standards then on file from time to time and in effect with the 336 local regulatory authority having jurisdiction, the Park shall 337 bear the expense of such test, at the prevailing rate at the time 338 of such requested test. The expense of Park Service requested 339 tests for meters that prove faulty or inaccurate and other 340 required Town tests shall be borne by the Town. 341 342 At its option, the Park Service may, subject to arrangements 343 satisfactory to the Town and at the Park's expense, have such 344 meter or meters as it deems inaccurate tested by the National 345 Institute of Standards and Technology, the findings of which 346 shall be conclusive and binding for each party. 347 348 N. ELECTRIC METER LOCATIONS 349 350 The electric billing meters are located as follows: 351 352 1. etc. 353 2. 354 355 O. PARTIES OF INTEREST 356 357 This Contract shall be binding upon and inure to the benefit of 358 the successors, legal representatives and assignees of the 359 respective parties hereto. 360 361 P. EXPENSE RECORDS 362 363 The Town shall maintain books and records of its revenues and 364 expenses for the Electric Service included in this Contract in 365 accordance with generally accepted accounting principles, 366 standards, and practices. Copies of the Town's records associated 367 with the Electric Service, required under this contract, shall be 368 available to the Park Service for review at the Town's offices 369 during regular working hours and upon request with appropriate 370 notice in advance. 371 372 Q. MODIFICATION 373 374 This Contract may be modified as needed from time to time. 375 376 R. RIGHT-OF-WAY 377 378 The Park Service, hereby agrees to issue a separate Right-of-Way March 12, 1996 RhB-I®UU\ra96UD:\ROMO\SVC.EL] Page 7 3-9 Nrb UrNb LNUKbilt) IEL:OUO-903-LU04 mar 10 DO 6 2 00 INO . UU 1 r.uy 379 permit to the Town, in accordance with and subject to the terms 380 and conditions contained in this contract and other Park 381 conditions and restrictions, to allow necessary access and the 382 Right-of-Way Permit will govern access. If this contract and 383 Service is ever terminated, the Right-of-Way Permit would be 384 separately terminated the same as this contract. 385 386 S. UTILITY SERVICE EXTENSION 387 388 The Town' s Extension I\\\\\\\\\\\\\#4*1XX\1 policies for future 389 extensions for additional Electric Service shall apply the same 390 as any other customer for future extensions for the Town to 391 provide the Electric Service for Park Service needs within the 392 Service Area. 393 394 Line extensions over Park Service land beyond approved access in 395 the Right-of-Way to extend the Town's services to privately owned 396 lands within the Park and to locations outside the park will be 397 allowed; 398 399 If the Park Service, for any reason, requires the Town to 400 relocate, replace, or otherwise to change any of its facilities 401 maintained within the Park, including actual removal of 402 facilities in cases of emergency resulting from uncontrollable 403 forces to protect against natural occurrences, under the terms of 404 this contract, the Park Service shall reimburse, by separate 405 contract, to the Town, the full cost incurred in so doing, based 406 upon the actual cost incurred less improvements and the Town 407 agrees to comply with such request. 408 409 PROVIDED, that, the location, size and general detail of all 410 proposed facilities and/or line extensions of the Utility System 411 shall be shown on appropriate photogenic drawings or drawings in 412 the AutoCAD format which shall be submitted by the Town and 413 approved by the Park Superintendent or designated representative 414 (hereinafter "Park Superintendent"), prior to commencement of 415 installation of the Utility System and shall be made a part of 416 this Contract. 417 418 The right to use such lands will not be granted where lands 419 outside the Park can be reasonably used for the same purpose. 420 421 T. ARCHAEOLOGICAL FINDINGS 422 423 Petroglyphs, artifacts, burial grounds or remains, structural 424 features, ceremonial, domestic, and archaeological objects of any 425 nature, historic or prehistoric, found within the installation 426 area, are the property of and will be removed only by the Park 427 Service. Should Town operations or its employees uncover or find 428 any archeological remains, Town shall suspend operations at the 429 site of discovery; notify the Park Service Contracting Officer 430 immediately of the findings; and continue operations in other 431 areas. Included with the notification, shall be a brief statement 432 of the location and details of the findings. Should the temporary Marcit 12, 1996 IUIW41981\M96AD:\ROMO\SVC.ELE€ 3-10 Page 8 NPS OPNS ENGRG<)E) TEL:303-969-2034 Mar 13'96 8:39 NO.UU1 7.19 433 suspension of work at the site result in delays, or the discovery 434 site require archeological studies resulting in delays or 435 additional work for Town, it will be campensated by an equitable 436 adjustment under the General Provisions of the Contract. 437 438 U. INDEMNIFICATION 439 440 The Town shall indemnify, defend, save and hold the Park Service, 441 its agents and employees harmless fram and against, and reimburse 442 the Park Service for, any and all claims, damages, injuries, 443 losses, costs, liabilities, causes of action, judgments, and 444 expenses of any kind whatsoever resulting from the Town's 445 activities pursuant to this Contract, including the activities of 446 its employees, contractors and agents; provided however, that the 447 Town shall not be liable to the extent that the damages, 448 expenses, claims or suits result from the willful acts or 449 negligence of the Park Service; provided, further, that the Park 450 Service shall be liable only to the extent such claims are 451 covered by the Federal Tort Claims Act. 452 453 V. SPECIAL PROVISIONS 454 455 1. Operations under this Contract shall be subject to the 456 laws of Congress governing the Park and the Rules and 457 Regulations promulgated thereunder whether now in force 458 or hereafter enacted or promulgated. 459 460 2. Park Service Drawing No. , dated 461 , [is, are] made part of this Contract and Town's 462 Drawing No. , dated , [is, are] made a part 463 of this Contract as they are developed. The most current 464 Park Service Drawing[s] will be available to the Town 465 upon request. Likewise, the most current Town's 466 Drawingfs] will be available to the Park Service upon 467 request. 468 469 W. ATTACHMENTS 470 471 1. Not used. *44\444#\44**44#\44#4\44444414\44\\\\\1 472 4hht#¥44\4¥\%44\144%44kl~¥A \14\4444\hht# \4*\%414\4%/pi,Ickh:Nk \ 473 th#\4#111*k\4¥Nk,44\44*11\44\444.*14#t#4\%~4\\\\\\\\\\\\ 474 414441 *144#144\ \%1,4\44#4\544444141\4% X44#1*4\\\\\\\\\ 1 475 4#%44444\44*4#4\4*\At#44:hth*44\44\\4\\144*4444\44\444\44#4 476 4444441#j\*4*4%44444\4#k#141\14\14%44444\%4\444*k#\44¥4481 477 144#4114#144\4% \%44\4#3,1 3,#k\4*4%44\#4\*44(4*4\4144#kit 478 44%¥lhAA\44%4\/pak"%144 \4#*44\ #44% \43*1*4%144\4*\%414 479 4440*44#\43.11\440\4*%444\#t\4#blk\#4\#44\4444\44444414 480 44%:\%14#tki#\44*¥1#4\%4\%44\44**144\Ak#41 481 482 2. Current Town' s Light and Power '[4%4144444\44\\\\\1\443,44 483 1441,44441 Rate Schedules, Chapter 13.12 of the Municipal 484 Code of the Town 44'[414\\\\\\\\\\44#44\\\\\\\\\\1 485 attached hereto attached hereto as Attachment No. 2. 13,41 486 arel made a part of this Contract. Match 12, 1996 BhBMEd#MAire96UD:\ROMOLSVC.ELE Page 9 3-11 NFS UFNS ENbKbi)E) IEL:OUL-'969-2UO4 Mar 10-35 5:4U NO .UU 1 r.11 487 44#Xbk 488 3. Current Town's extension *4#4 policy, rules, and 489 regulations, Chapters 13.08 and 13.16 44#44\\\\\\\\\\A 490 attached hereto as Attachment No. 3, are made a part of 491 this Contract. 492 493 4. The calculations from the Authority, defining the Park 494 Service's annual percentage Share of operations and 495 maintenance costs. for the Mary's Lake Substation, 496 attached hereto as Attachment No. 4, are made a part of 497 this contract. [The Authority should develop] 498 499 5. Modification to: Interagency Memorandum of Agreement No. 500 22568 (Contract No. 14-06-700-3922) and Letter of 501 Interpretation, dated May 7, 1964, attiched hereto as 502 Attachment No. 5. 503 504 6. General Provisions, attached hereto as Attachment No. 6, 505 are made a part of this Contract. The General Provisions 506 include the applicable Contract Clauses from the Federal 507 Acquisition Regulations (FAR) System. The term 508 "Contractor" in said attachments shall be understood to 509 be the Town or the Authority as used in this Contract. 510 511 512 513 514 515 516 517 518 519 520 521 522 523 524 525 526 527 528 529 530 531 532 533 534 535 536 537 538 539 540 March 12, 1996 FAIWd,IgyAW\996\\D:\ROMO\SVC.ELE 3-12 Page 10 NPS OPNS ENGRG<)E) TEL:303-969-2034 Mar 13'96 8:41 NO.001 F.12 551 IN WITNESS WHEREOF, the parties hereto have caused this contract 552 to be executed by their duly authorized representatives all as of 553 the day and year first above written. 554 555 UNITED STATES OF AMERICA 556 DEPARTMENT OF THE INTERIOR 557 NATIONAL PARK SERVICE 558 559 560 By: 561 Melvin E. Fowler, NPS-WA-IVC-40 562 Contracting Officer 563 564 565 Date: 566 567 THE TOWN OF ESTES PARK, COLORADO 568 569 570 By: 571 572 Printed 573 Name: 574 575 576 Title: 577 578 579 Date: 580 581 Attest: 582 583 584 585 Date: 586 587 THE PLATTE RIVER POWER AUTHORITY 588 589 590 By: 591 592 Printed 593 Name: 594 595 596 Title: 597 598 599 Date: 600 601 Attest: 602 603 604 605 Date: Mar,h 12.1996 aUdi~A\UEU\IQ96\\D:\ROMO\SVC.ELE\C Page 11 3-13 . . i.=cou,ir-i co 0, e (O r) r--1 1 0, 1 - 1 .0 1 0 1 0, 01 11 1 r- 1 coor-1,0001=41 N 1 '60 1 1 N ir- 1 1 1 10 N r- f- 0 0 1 N I MI.1 101 . ..1 /1 . . ../.t - 1 .1 -1 grI ,-Ir- -crimi Mrl=•MN,-11041 ..1011 r.1 >4 ~ 3 r-4 r-1 1/1 . 04 Cho O 1 1 1 N 1 V 1 1 Ir-11 Ul r-1 :Cht Chi 1.1 1 1 1 12 1 71 1 1 1 1 1 1 1 li , ~ O to M I 00 ~ ZIZEZEisi M : 04 1 .r i 001.0.1 r.1 1 Milwitizi e,1 l,D co =· 00 N le) i Ch'Chi 01 1 2 E-1 ! ul O~ r- 1 N 1 r- m oo r- M r.-I ~ M t difi di ..1 .1 ...... 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O ·el N 0 Q W W M CO > 4-1 h 4-1 0 --ai .- CO Ul r-1 >4 r.1 >1 05 CaJ 0 0 m 00 d ul Q (O 11 0 Z E-1 64 40 g emo Il 5% N w H 2 2 D DJ 1-1 0 m H A OZ 64 C 17" 44 4 H O fo CO O 2~ 4 4 ·A Z 4-1 CA 4 0 7-1 C) mc W W 2 0 .2 3 m O 0 4 N 4 R 4 · d 0 1-1 0 1-1 W 9 -4 3 > & 3 8 2 6 N OX m 4b-1 EIL'ZEO'I >9L'09IS t€0'ESS FOR THE MONTHS ENDING FEBRU 29, 1996 & 1995 INCOME STATEM REVENUES - Charges for EXPENDITURES Distributi n stomer Accoun IOI33a) SS30X3 dX3 113AO 30) SS3JX3 It_ 0- O LU 8 8 0 O LO AAM WalSAS Loadhist 3/7/96 TOWN ESTES PARK PURCHAS OWER-DEMAND -0- 1994 966 L -0- 966 t-*- oea AoN PO des 6nv Inr unr ABIAI Jdv Jevy qe=1 uer • 1-84 3©Vd 20,000 - 19000 ~ 18,000 '' 000'*t 000'£ L 000'ZL - 000' L L . 1 1 1 1 1 1 0 HMM AlHINOIN MONTHLY ENERGY PURCHASES 12,000,000 10,000,000 - - 8,000,000 -- 01994 966 XM - - 000'000'9 966 L m -- 000'000'4 -- 000'000'Z Oea AON 100 deS Bn¥ inf unr ABIN Jdv JelAI qe=1 uer €-84 39Vd Loadhist 1 UJ 1- 1 0 5 am j 1 1 0 03SVHOkInd HMM alA ENERGY PURCHASES 01994 966 L m 966 1 M oea AoN 100 des Bn¥ Inr unr ABIN Jdv JelAI qe=1 uer YEAR TO D 4-84 39¥d Loadhist 120,000,000 100,000,000 - 80,000,000 000'000'09 000 000 0, 000'000'01 1 , lu 1 1 , E 1 1 Z< 1 4. 1 - i I 0 1 U.1 1 2 -1 LU ($) Sa-IVS KIHINOW ESTES PARK LIG D POWER DEPARTMENT 01994 966 L M - 000'009 966 L • oea AON 100 des Bnv Inr unr ABIAI Jdv J ev\1 LES BY MONTH m.*,i·u·i.,Wt .... A: 984 39¥d Salehist 700,000 650,000 600,000 550,000 - - -- 000'094 - 000'004 -- 000'09£ 000'00£ E 1 1 1 0 O 1 l CE LU 1 a> LL - i 7 0 ($) 93-IVS 3190 01 kl¥31 ESTES PARK LIGHT AND POWER DEPARTMENT ATE ELECTRIC SALES 01994 966 K m 966 L m oea AON 100 des Bn¥ Inf unr XeIAI Jdv J ev\1 9-84 39¥d 7,000,000 6,000,000 5,000,000 4,000,000 000'000'£ 01* 966 1 %990 t 966L SA 000'0002 000'0001 Salehist