CM-09-12-234NON-STANDARD LIGHTING FIXTURE AGREEMENT - THREE PARTY
THIS NON-STANDARD LIGHTING FIXTURE AGREEMENT ("Agreement") is entered into, effective this 4`h
day of December, 2009, by and between Oncor Electric Delivery Company LLC, a Delaware limited liability
company, ("Company"), Waterston Development ("Developer"), and the City of Round Rock, Texas, a municipal
corporation (the "Customer").
Recitals
a. Whereas, Developer and Customer desire that Company install street lighting fixtures in the Avery
Centre development along College Park Drive between University Boulevard and Avery -Nelson Way,
and along Avery -Nelson Way between AW Grimes Boulevard and College Park Drive; said streets as
depicted on Exhibit A attached herewith, located in Round Rock, Texas, pursuant to the provisions of
Company's Tariff for Retail Delivery Service ("Tariff"); and
b. Whereas, Developer has requested that Company install street lighting fixtures that are not of a type
normally used by Company ("Non -Standard Fixtures").
c Whereas, Oncor has approved the following non-standard poles, luminaires and brackets:
• The poles shall be Dark Bronze (RAL9016), 30' Eurotique stepped aluminum style, anchor base poles with
a 10.5" bolt circle. The poles shall fit on Oncor's standard 24" diameter street light foundation, are rated for
a 100 MHP wind with a 30% gust factor, shall accept a 1" anchor bolt and shall have a minimum 4" X 6"
hand hole. Antique Street Lamp's drawing number is SRSP30-7.0-11-RAL9016-4.38X8
• The luminaires shall be Dark Bronze (RAL9016) in color, 250W, MH, pulse start, large 22.5" diameter,
120 volt, Hanover series Iuminaires with type III distribution and shall use Mogul base 250W MH, ANSI
M153/E pulse start lamps. Antique Street Lamp's part number is EH22FT 250M MOG GCF SR3 TB1 IDS
CS.
• The bracket arm shall be Antique Street Lamp's part number EAL5/1 PER CS, shall be Dark Bronze
(RAL9016) in color, and has the photocell receptacle included in the arm assembly mounted on top of the
pole.
Installation of the pole foundations and all civil work shall be per Oncor specifications.
NOW, THEREFORE, Company, Developer, and the Customer, in consideration of the mutual benefits to be
obtained and in consideration of the covenants and conditions contained herein, agree as follows:
1. Installation and Ownership. Company will install, own, and maintain the Non -Standard Fixtures under
the following conditions:
(a) Developer provides detailed specifications of the proposed Non -Standard Fixtures to Company for
review at least 30 days prior to the requested date of installation.
(b) Developer receives written authorization for use of the Non -Standard Fixtures from Company.
(c) Developer purchases and delivers the Non -Standard Fixtures to a site designated by Company
prior to the scheduled installation date.
(d) Developer is responsible for any damage to, or loss of, the Non -Standard Fixtures prior to
installation.
2. Installation Costs. Developer shall pay to Company the installation costs for the Non -Standard Fixtures, if
any, pursuant to the provisions of the Tariff.
NON-STANDARD LIGHTING AGREEMENT - THREE PARTY, P. 1 OF 3
M-09-(a•a33{
3. Maintenance. Company will maintain the Non -Standard Fixtures in accordance with the Tariff.
4. Replacement. In the event a Non -Standard Fixture needs to be replaced or repaired, Company will replace
or repair the Non -Standard Fixture, as directed by the Customer or the Customer's retail electric provider, pursuant
to one of the following options:
(a) Replace the Non -Standard Fixture or a portion thereof with a compatible replacement fixture or
parts of a fixture provided to the site by either Customer or Developer;*
(b) Replace the Non -Standard Fixture with a fixture of a type normally used by Company, which, in
Company's sole discretion, most closely matches the Non -Standard Fixture; or
(c) Replace the Non -Standard Fixture with the least expensive standard fixture that Company has in
stock at the time of replacement.
* In the event the Customer or Developer is unable to provide a replacement fixture in a timely manner the
Company reserves the right to replace the Non -Standard fixture pursuant to sections (b) or (c) above in order to meet
regulatory requirements.
5. Replacement Costs. If Customer later requests Company to remove a fixture installed pursuant to Section
4(b) or (c) above and replace with Customer's Non -Standard fixture, Customer shall also pay Company to make
such a replacement.
6. Charges for Lighting Service. Company will charge the Customer's retail electric provider for lighting
service for the Non -Standard Fixtures pursuant to Schedule A of Company's Lighting Service Rate Schedule set
forth in the Tariff.
7. Other Provisions.
(a) Assignment. No party may assign this Agreement without the prior written consent of the other
parties, except that any party may, without such consent, assign this Agreement to any affiliate,
wholly-owned subsidiary, or parent company of such party. Subject to the foregoing provision of
this paragraph, this Agreement is binding on the parties' successors and assigns.
(b) Entire Agreement; Modifications. This Agreement constitutes the entire agreement and
understanding between the parties hereto with respect to the Non -Standard Fixtures as described
herein and supersedes all prior and contemporaneous agreements and understandings of the parties
in connection with the Non -Standard Fixtures. No statements, agreements, understandings,
representations, warranties or conditions not expressed in this Agreement will be binding upon the
parties hereto, or will be effective to interpret, change, or restrict the provisions of this Agreement
unless such are in writing signed by both parties hereto and by reference made a part hereof.
(c) Effect of this Agreement. In the event of a conflict between the terms of this Agreement and the
Tariff, the provisions of the Tariff shall control.
(d) Headings. The headings in this Agreement are for convenience and reference only and in no way
define, describe, extend, or limit the scope of intent of this Agreement or the intent of any
provision contained herein.
NON-STANDARD LIGHTING AGREEMENT - THREE PARTY, P. 2 OF 3
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized
representatives as of the dates below their respective signatures.
ONCOR ELECTRIC DELIVERY COMPANY
By:
Name: Bob Fajkus
Title: Sr. Project Manager
Date:
11 - 2y -o°1
CUSTOMER]
By:
Name:
Title:
Date:
[DEVELOPER] 1 (te...5 oAJf 'i%£(iji^1tNT
By. r �--✓�
Name: l `A Lce T . W %ch s C 1
Title: -PQ'_ S i ctQ1.l
Date: 1! — ZV— 0 9
e
McwalR
12-if09
NON-STANDARD LIGHTING AGREEMENT - THREE PARTY, P. 3 OF 3
0
I
DATE: December 2, 2009
SUBJECT: City Manager Approval — December 4, 2009
ITEM: Consider executing Non -Standard Lighting Fixture Agreement -Three Party with
Oncor Electric Delivery Company and Waterstone Development for portions of
the Avery Center Development.
Department:
Staff Person:
Engineering and Development Services Department
Danny Halden, P.E., City Engineer
Justification:
Oncor Electric Delivery Company, LLC requires execution of this Three Party agreement with the
City and Waterstone Development for the installation and future maintenance of non-standard
poles and fixture heads for street lighting in the Avery Centre development. Oncor Electric
Delivery Company, LLC does not stock non-standard poles and fixture heads that are desired by
the developer. This agreement provides specific details regarding the management of this non-
standard lighting. This agreement only addresses lighting on College Park Drive and Avery -
Nelson Way as depicted in the exhibit accompanying the agreement.
Strategic Plan Relevance:
Goal #2: Prevent neighborhood deterioration
Goal #4: Improve the aesthetics, development and redevelopment quality, and sustainability of
the City
Funding:
Cost: N/A
Source of funds: N/A
Outside Resources (if applicable): Oncor Electric Delivery Company, LLC
Public Comment (if applicable):
UPDATED: October 19, 2009
M9.09
Request for City Council/City Manager Action
IID City Council J City Manager
Submit completed form for all City Manager and City Council approvals.
Y
For Administration Use ONLY
C 02 11t
Received:
Tag #: GYl - 09- (k 2.34'
Original Documents Received: 3
Department Name: Engineering & Development Services Project Name: Non -Standard Lighting Fixture Agreement
Oncor Electric Delivery Company and
Contact Person: Chaz Gordon / Kathy Michna ContractorNendor. Waterstone Development
Funding Source: General Fund
Additional funding Source:
Project Mgr/Resource: Danny Halden
Project Coordinator.
Assigned Attorney: Charlie Crossfield
City Council or City Manager Approval Date:
Agenda Wording
Amount: $1,183.68/month ($10.96 per light per month)
Account Number: 5272-100-26000
December 4, 2009
Consider executing Non -Standard Lighting Fixture Agreement -Three Party with Oncor Electric Delivery Company and Waterstone Development
for portions of the Avery Center Development.
Finance Information
iJ
0
EJ
Is Funding Required?
Yes
Initial Construction Contract
Construction Contract Amendment q
Change Order #
Change in Quantity Unforeseen Circumstances
Initial Professional Services Agreement
Supplemental Professional Service Agreement
Purchasing/Service Agreement
Purchase Order
Item(s) to be purchased
No
Other (Please dearly identify action below)
Adding 108 street lights
Amount
$ 1,183.68
FINANCE
WA Approved
CI
El 0
CI Cl
0
Finance/CP
Finance/Acct
Purchasing
Budget
Date
Date
Date
Date
APPROVALS
(to be completed ONLY by Finance)
Final Finance Approval Required
Approved
Finance Director Date
Once approvals have been obtained, please forward the RFA. blue sheet, backup n ormation and originals to City Secretary, Sara White
ITEMS WILL NOT BE PLACED ON THE COUNCIL AGENDA WITHOUT FINANCE AND LEGAL APPROVAL PRIOR TO SUBMISSION.
Required for Submission of ALL City Council and City Manager It;ms
Project Mgr. Signature:—Lc
Dept. Director Signatur• • • % 4
'City Attorney Signature: dal
1,% A Date:
City Manager Signature: ; Date:
*City Amey signature is required for all items.
REVISED 12/2/2009
1019.09
Request for City CounciUCity Manager Action
ED City Councils City Manager
Submit completed form for all City Manager and City Council approvals.
For Administration Use ONLY
Received:
Tag #:
Original Documents Received:
Department Name: Engineering & Development Services Project Name: Non -Standard Lighting Fixture Agreement
Oncor Electric Delivery Company and
Contact Person: Chaz Gordon / Kathy Michna ContractorNendor: Waterstone Development
Funding Source: General Fund
Additional funding Source:
Project Mgr/Resource: Danny Halden
Project Coordinator:
Assigned Attorney: Charlie Crossfield
City Council or City Manager Approval Date:
Agenda Wording
Amount: $1,183.68/month ($10.96 per light per month)
Account Number: 5272-100-26000
December 4, 2009
Consider executing a Non -Standard Lighting Agreement -Three Party with Oncor Electric Delivery Company and Waterstone Development
regarding street lighting in the Avery Centre development.
Finance Information
Is Funding Required?
Yes LI°.. No Q
EJ Initial Construction Contract
Construction Contract Amendment #
O Change Order
=Change in Quantity =Unforeseen Circumstances
Initial Professional Services Agreement
OSupplemental Professional Service Agreement
Purchasing/Service Agreement
Purchase Order
Item(s) to be purchased
0
Other (Please clearly identify action below)
Adding 108 lights
Amount
$1,183.68/month
FINANCE
N/A Approved
0 Finance/CIP L. otsen
Finance/Acct E Wilson
APPROVALS
(to be completed ONLY by Finance)
Final Finance Approval Required
Approved
Date 12/1/2009
Date 12/212009
0 0 Purchasing EE Bowden Date 12/2/2009
Budget P. Bryan Date 12/1/2009
Once approvals have been obtained, please forward the RFA, blue sheet backup information and originals to City Secretary, Sara White.
ITEMS WILL NOT BE PLACED ON THE COUNCIL AGENDA WITHOUT FINANCE AND LEGAL APPROVAL PRIOR TO SUBMISSION.
Cheryl Delaney
Finance Director
Required for Submission of ALL City Council and City Manager items
Project Mgr. Signature: Date:
Dept. Director Signature: Date:
'City Attorney Signature: Date:
City Manager Signature: Date:
*city Attorney signature is required for of items.
REVISED 12/2/2009
LEGAL DEPARTMENT APPROVAL FOR CITY COUNCIUCITY MANAGER ACTION
Required for Submission of ALL City Council and City Manager Items
Department Name: ENGINEERING AND DEVELOPMENT
Project Mgr/Resource: DANNY HALDEN Contractor/Vendor: ONCOR
NON-STANDARD LIGHTING FIXTURE
Project Name: AGREEMENT
Council Action:
1 I
ORDINANCE a RESOLUTION
Agenda Wording
iCity Manager Approval
CMA Wording
Consider executing Non -Standard Lighting Fixture Agreement - Three Party with Oncor Electric Delivery Company and
Waterstone Development for portions of the Avery Center Development.
1
Attorney Approval
Attorney
Notes/Comments
Date
0:lwdox1SCClnts10125108001MISC100177334
Updated 613108
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