CM-10-03-063NON-STANDARD LIGHTING FIXTURE AGREEMENT - THREE PARTY
THIS NON-STANDARD LIGHTING FIXTURE AGREEMENT ("Agreement") is entered into, effective this 19th
day of February, 2010, by and between Oncor Electric Delivery Company LLC, a Delaware Iimited liability
company, ("Company"), Waterstone 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 Texas along College Park Drive between University Blvd and Avery -Nelson Way, and along
Avery -Nelson Way between AW Grimes Blvd 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 (RAL8014), 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 I" 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
O The luminaires shall be Dark Bronze (RAL8014) in color, 250W, MH, pulse start, large 22.5" diameter,
120 volt, Hanover series luminaires 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 EAL5i 1 PER CS, shall be Dark Bronze
(RAL8014) in color, and has the photocell receptacle included in the arm assembly mounted on top oldie
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:
I. 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)
(c)
Developer receives written authorization for use of the Non -Standard Fixtures from Company.
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-lO-o3-o3
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.
* Lt 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 pasties have caused this Agreement
representatives as of the dates below their respective signatures.
ONCOR ELECTRIC DELIVERY COMPANY
By:
0-2,44?/k
Name: Bob Faikus
Title: Sr. Prosect Manager
Date:
2 I —/O
(Cu 4v %ter)
By:
Name:
Title:
Date:
3-la�d D 0
By:
Name:
Title:
Date:
to be executed by their duly authorized
2- 2 (-'&
NON-STANDARD LIGHTING AGREEMENT - THREE PARTY, P. 3 OF 3
Texas State University
Round Rock
AW GR 1 Nfl.. S
Austin Community College
DATE: March 10, 2010
SUBJECT: City Manager Approval — March 12, 2010
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:
This agreement was previously signed with the following 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.
Since that time, it was discovered the technical specification for the color of the Tight pole was
incorrect. This updated agreement corrects that error.
Strategic Plan Relevance:
Goal #2: Prevent neighborhood deterioration
Goal #4: Improve the aesthetics, development and redevelopment quality, and sustainability of
the City
Funding:
Cost: $383.60/month ($10.96 per Tight per month)
Source of funds: General Funds
Outside Resources (if applicable): Oncor Electric Delivery Company, LLC
Public Comment (if applicable):
UPDATED: October 19, 2009
101909
Request for City CouncillCity Manager Action
ED City Council IoJ City Manager
Submit completed form for all City Manager and City Council approvals.
Department Name: L bS
Contact Person: Chaz Gordon / Kathy Michna
Project Mgr/Resource: Cindy8emers `'�wnr,�
Project Coordinator.
Assigned Attorney: Charlie Crossfield
City Council or City Manager Approval Date:
Agenda Wording
1h-
For r cfl»miSt6at c,f�% fr; `ONLY
ReceivedA MAR 10201
Tagt DIA. -10-05-045
Original Documents Received:
Project Name: Non -Standard Lighting Fixture Agreement
Oncor Electric Delivery Company and
ContractorNendor. Waterstone Development
Funding Source: General Fund
Additional funding Source:
Amount: $383.60/month ($10.96 per light per month)
Account Number: 5272-100-26000
March 12, 2010
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
Is Funding Required?
Initial Construction Contract
Construction Contract Amendment
Change Order
=Change in Quantity
Initial Professional Services Agreement
Supplemental Professional Service Agreement
Purchasing/Service Agreement
Purchase Order
Item(s) to be purchased
Yes 0 No [ 1
Unforeseen Circumstances
Other (Please clearly identify action below)
Adding 35 new street lights to the existing contract with Oncor.
Amount
$ 383.60
FINANCE
N/A Approved
oa
EJ
El 0
00
Finance/CIP
Finance/Acct
Purchasing
Budget
Date
Data
Date
Date
APPROVALS
(to be completed ONLY by Fkrar>ce)
Final Finance Approval Required
Aeeroved
Fl : . Director Date
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.
uired for Submission of ALL C Council and CMan
Project Mgr. Signature:
Dept. Director Signat
'City Attorney Signature:
City Manager Signature:
Date: 0.3 ,i- 7'w
/? Date: /41/ C)
Date: 5-I VO
Date:
'City Attorney signature is required for all items.
REVISED 3/4/2010
LEGAL DEPARTMENT APPROVAL FOR CITY COUNCIL/CITY MANAGER ACTION
Required for Submission of ALL City Council and City Manager items
Department Name: ENGINEERING AND DEVELOPMENT
Project Mgr/Resource: DANNY HALDEN
JCouncil Action:
ORDINANCE
Agenda Wording_
NON-STANDARD I.IGHTING FIXTURE
Protect Name: AGREEMENT
C on tracto rNe nd or: ONCO R
n RESOLUTION
City 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,
Attorney Approval
JAttorney
Notes/Cornrnents
Date
0:twdoxlSCClnts10125109001M1SC100177334
Updated 813108