CM-2014-440 - 6/13/2014City of Round Rock
ROUND ROCK, 7WS
PURPOSE fA6I0N PROSPERITY
Agenda Item Summary
Agenda Number:
Title: Consider authorizing an Initial Application Agreement with Oncor for the
City Hall Parking Garage Lighting Retrofit.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 6/13/2014
Dept Director: Chad McDowell, General Services Director
Cost:
Indexes:
Attachments: LAF 2nd, Host Customer Agreement, Initial Application Agreement,
Application Project Description
Department: General Services Department
Text of Legislative File CM -2014-440
This is another step when applying for rebates for the City Hall Parking Garage Lighting
retrofit project.
Staff Recommends Approval
City of Round Rock Page 1 Printed on 611212014
CONTRACT APPROVAL FORM FOR CITY MANAGER ACTION
Required for Submission of Specific City Manager Items
Department Name: General Services
Project Mgr/Resource:. Chad McDowell
xQCity Manager Approval
Approval
Project Name: City Hall Parking Garage -Lighting Retrofit
Contractor/Vendor: Oncor
CMA Wording
Consider authorizing an Initial Application Agreement with Oncor for the City Hall Parking Garage Lighting Retrofit.
X l Employee
EE Bowden Date June 4,.2014
R. ONCOR ELECTRIC DELIVERY COMPANY
C� CP BASIC COMMERCIAL STANDARD OFFER PROGRAWL
HOST •
I. General Information
Host Customer Name:
Service Provider Name: City of Round Rock
Project Name & Number: City Hall Parking Garage Lighting Retrofit (14SCSOP - 2014 - 30767)
Customer Site Information
II. Host Customer and Service Provider Acknowledgements
City of Round Rock ("Service Provider") intends to install energy efficiency measures at facilities owned and/or
operated by ("Host Customer") at the address(es) ("Project Site(s)") listed
above (the "Project"). The Service Provider is implementing the Project as part of an energy efficiency Standard Offer
Program (the Basic Commercial Standard Offer Program) offered by Oncor ("Oncor"). In consideration of participation
in the Basic Commercial Standard Offer Program, and for other good and valuable consideration, the receipt,
adequacy and legal sufficiency of which are hereby acknowledged, Service Provider and Host Customer agree as
shown below.
III. Host Customer Agreements
Host Customer agrees to provide Oncor, upon three (3) days' prior oral notice by Service Provider, full and complete
access to the Project Site for any purpose related to the Basic Commercial Standard Offer Program. Host Customer
agrees that said access shall be provided during the Host Customer's normal business hours and in compliance with
the Host Customer's reasonable access requirements.
Host Customer acknowledges that the project would not have been accomplished or would have been completed with
less efficient equipment except for the existence of the incentive provided by this program.
Host Customer acknowledges that any view, inspection, or acceptance by Oncor of the Project Site or of the design,
construction, installation, operation or maintenance of the measures is solely for the information of Oncor and that, in
performing any such inspection or review or in accepting the measures, Oncor makes no representations or warranty
whatsoever as to the economic or technical feasibility, capability, safety or reliability of the measures, their
installation by the Service Provider or their compatibility with the Customer's facilities.
Host Customer acknowledges that the Service Provider is an independent contractor with respect to Oncor and the
Basic Commercial Standard Offer Program, and that the Service Provider is not authorized to make representations or
incur obligations on behalf of Oncor.
Host Customer acknowledges that Oncor is not a party to this Host Customer Agreement and that the Service
Provider is solely responsible for performance there under.
Host Customer acknowledges that Oncor makes no warranty or representation regarding the qualifications of the
Service Provider and that the Host Customer is solely responsible for the selection of the Service Provider.
Host Customer acknowledges that the Customer may file a complaint with the Public Utility Commission of Texas
concerning the Service Provider, but that Oncor will play no role in resolving any disputes that arise between the Host
Customer and the Service Provider.
2014 Oncor. All rights reserved. Page 1 of 2
CM -2014-440
TO THE EXTENT PERMITTED BY THE CONSTITUTION AND THE LAWS OF THE STATE OF TEXAS, CUSTOMER
AGREES TO RELEASE AND HOLD HARMLESS ONCOR ELECTRIC DELIVERY FROM ANY AND ALL CLAIMS,
DEMANDS, LOSSES, EXPENSES, DAMAGES, ATTORNEYS' FEES, JUDGMENTS, COSTS, AND/OR LEGAL
LIABILITY (COLLECTIVELY REFERRED TO HEREIN AS "CLAIMS") OF HOST CUSTOMER OR ANY
CONTRACTOR OR SERVICE PROVIDER ENGAGED BY HOST CUSTOMER OR ANY OWNER OR OCCUPANT OF
THE PROJECT SITE, AND ALL AFFILIATED OR RELATED FIRMS AND ENTITIES, OFFICERS, DIRECTORS,
PARTNERS, LIMITED PARTNERS, EQUITY HOLDERS, ASSOCIATES, EMPLOYEES, SERVANTS, AND AGENTS
OF EACH (COLLECTIVELY, "CUSTOMER GROUP") ARISING OUT OF OR RELATED TO, OR IN ANY WAY
CONNECTED WITH THE PROJECT, INCLUDING, BUT NOT LIMITED TO, CLAIMS RELATING TO: 1) INJURY
OR DEATH OF PERSONS; 2) DAMAGE TO PROPERTY OR NATURAL RESOURCES; 3) VIOLATION OF ANY
LOCAL, STATE, OR FEDERAL LAW OR REGULATION INCLUDING, BUT NOT LIMITED TO, ENVIRONMENTAL
AND HEALTH AND SAFETY LAWS OR REGULATIONS; 4) STRICT LIABILITY IMPOSED BY ANY LAW OR
REGULATION; 5) EQUIPMENT MALFUNCTIONS; OR 6) ENERGY SAVINGS SHORTFALLS OF THE PROJECT;
AND FURTHER, IT IS THE EXPRESS INTENT OF THE PARTIES THAT, FOR THE PURPOSES OF THIS
PARAGRAPH, CLAIMS, AND CUSTOMER'S OBLIGATIONS TO DEFEND, PROTECT, INDEMNIFY, AND HOLD
HARMLESS, WILL INCLUDE, BUT NOT BE LIMITED TO, CLAIMS ARISING OUT OF OR RESULTING FROM
ONCOR GROUP'S SOLE OR CONCURRENT (1) NEGLIGENCE, (2) STRICT LIABILITY, OR (3) OTHER FAULT
OF ANY NATURE.
IV. Estimated Capital Project Costs
Service Provider and Host Customer acknowledge that the total project capital cost proposed by the Host Customer is
$39,345.06 and incentive paid for the project will never exceed 500/b of the total Project cost.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized
representatives.
Signature: Signature:"�
Print Name: Print Name:
Title: �' � Mo-ykCIGea-
Company: in A—�
Date: 00
Note:
Title:
Company: d�cik
Date: ®6
Phone: sla-
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(1) Each sheet must be completed and submitted to be valid.
(2) Multiple documents are required if more than one property owner is included on the project.
(3) If a site does not belong to you please draw a line through it and initial it.
Please Note: Attach Signed document Under Project Attachment tab in EEPM.
2014 Oncor. All rights reserved. Page 2 of 2
ONCOR ELECTRIC DELIVERY COMPANY
'
(ECBASIC COMMERCIAL PR.STANDARD OFFER PROGRAM
INITIAL APPLICATION A ..
EEMENT
Current Status: IA Submitted Date - Time: Tuesday, June 03, 2014 1:34:45 PM
This Initial Application Agreement is made and entered into by and between Oncor Electric Delivery a Delaware Limited Liability
Company, a Texas corporation (hereinafter Oncor Electric Delivery Company) and CITY OF ROUND ROCK (hereinafter Project
Sponsor), The Parties agree as follows: Service Provider agrees that all information submitted as part of the Initial Application for
the City Hall Parking Garage Lighting Retrofit, 14BCSOP - 2014 - 30767 Project, attached hereto and incorporated herein as Exhibit
A, is true and correct to the best of their knowledge.
Service Provider agrees and understands that the incentive funds estimated in the Service Provider's Initial Application are not
reserved until Oncor has approved the Initial Application, and until Oncor has received from the Service Provider all information
required under the Oncor Basic Commercial Standard Offer Program (the "Program"). Service Provider agrees that if it does not
submit a complete Final Application within 20 days of Oncor's approval of the Initial Application, then Oncor will cancel the Initial
Application.
Service Providers agrees that it will forfeit, and Oncor will retain, any required Initial Application deposit, if the Service
Provider withdraws the Initial Application after Oncor has approved the Initial Application.
Service Provider agrees that if it does not submit a complete Final Application within 20 days of Oncor's approval of the
Initial Application, then Oncor will cancel the Initial Application, retain any required Initial Application deposit, and release
the reserved incentive funds. Service Provider further agrees that if Oncor finds that the Final Application does not meet the
Basic Commercial Standard Offer Program 2014 requirements, thereby compelling Oncor to reject the Final Application,
then Service Provider will have 7 days to resubmit a corrected final Application. If upon review Oncor finds that the
corrected Final Application also fails to meet Basic Commercial Standard Offer Program 2014 requirements as defined in the
2014 Program Manual, Oncor will cancel the Initial Application, reject the corrected Final Application, retain any required
Initial Application deposit, and release the reserved incentive funds.
Service Provider agrees that it will forfeit, and Oncor will retain, the Initial Application deposit if the Service Provider fails to
submit a Savings Report for the Project (as described in the Program Manual) within 7 days of the Oncor specific Project
completion date. Oncor may, in its sole discretion, grant an extension to the Service Provider for submitting such Savings
Report for the Project if Service Provider has requested such an extension in writing.
Oncor acknowledges receipt from the Service Provider of the Initial Application deposit of $0.00, based on a total incentive
of $4,458.54 and a total capital expenditure of $39,345.06 with an estimated completion date of Friday, August 01, 2014.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized representatives.
ONCOR ELECTRIC DELIVERY COMPANY LLC
Signature:
Print Name:
Title:
Date:
R.% ROCK
Print Name:
rr•
• ai
Date: %i
Please Note: Attach signed document under project attachment tab in EEPM.
2014 Oncor. All rights reserved. Page 1 of 1