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Home My WebLink AboutResolution No. 07-097 RESOLUTION NO. 07- CJq1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, APPROVING THE TERMS AND CONDITIONS OF THE CONSTRUCTION CONTRACT BY AND BETWEEN THE CITY OF THE COLONY AND ONCOR ELECTRIC DELIVERY FOR INSTALLATION OF STREET LIGHTS FOR THE PHASE IIIB STREET RECONSTRUCTION PROJECT, WHICH IS ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "A"; AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City and Consultant have entered into an agreement such that the Consultant is to provide the following services: INSTALLATION OF STREET LIGHTS FOR THE PHASE IIIB STREET RECONSTRUCTION PROJECT; and WHEREAS, the City has determined that it is in the best interest of the City to enter into the Contract with ONCOR ELECTRIC DELIVERY, which is attached hereto and incorporated herein by reference as Exhibit "A," under the terms and conditions provided therein. WHEREAS, with this Contract the City of The Colony is agreeing to pay the sum not to exceed $135,600.00 for such work. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS THAT: Section 1. The Construction Contract, which is attached and incorporated hereto as Exhibit "A", having been reviewed by the City Council of the City of The Colony, Texas, and found to be acceptable and in the best interest of the City and its citizens, be, and the same is hereby, in all things approved in the amount of $123,270.00 as the base amount, plus a $12,330.00 contingency amount for a total not to exceed $135,600.00, and the City Manager is hereby authorized to execute the Contract on behalf of the City of The Colony, Texas. Section 2. That this Resolution shall take effect immediately from and after its adoption and it is so resolved. PASSED, APPROVED and EFFECTIVE this 5th day of November, 2007. (jJST: 1Ma1.u {J ~ ristie WIlson, CIty Secretary hn Dillard, Mayor 'ty of The Colony, Texas 63918 Tariff for Retail Delivery Service ON COR Electric Delivery Company 6.3 Agreements and Forms Applicable: Entire Certified Service Area Effective Date: January 1, 2002 Page 1 of2 Revision: Original 6.3.4 Discretionary Service Agreement This Discretionary Service Agreement ("Agreement") is made and entered into this 25th day of October, 2007, by ONCOR Electric Delivery ("ONCOR Electric Delivery Company" or "Company"), a Texas corporation and distribution utility, and City of The Colony ("Customer"), a company [specify whether individual or corporation, and if corporation name state, municipal corporation, cooperative corporation, or other], each hereinafter sometimes referred to individually as "Party" or both referred to collectively as the "Parties". In consideration of the mutual covenants set forth herein, the Parties agree as follows: 1. Discretionary Services to be Provided -- Company agrees to provide, and Customer agrees to pay for, the following discretionary services in accordance with this Agreement. [Specify below or in an attached exhibit the discretionary service(s) to be provided, the applicable rate schedule(s), the location at which discretionary service(s) will be provided, and any supplemental terms and conditions applicable to such service(s).] Install 26-11ft, Texan Poles wi Decorative Lantern Luminaire for City of The Colonv Phase III-b Street LiQht Proiect @ several locations in The Colonv. 2. Nature of Service and Company's Retail Delivery Service Tariff -- Any discretionary services covered by this Agreement will be provided by Company, and accepted by Customer, in accordance with applicable Public Utility Commission of Texas ("PUCT") Substantive Rules and Company's Tariff for Retail Delivery Service (including the Service Regulations contained therein), as it may from time to time be fixed and approved by the PUCT ("Company's Retail Delivery Tariff'). During the term of this Agreement, Company is entitled to discontinue service, interrupt service, or refuse service initiation requests under this Agreement in accordance with applicable PUCT Substantive Rules and Company's Retail Delivery Tariff. Company's Retail Delivery Tariff is part of this Agreement to the same extent as if fully set out herein. Unless otherwise expressly stated in this Agreement, the terms used herein have the meanings ascribed thereto in Company's Retail Delivery Tariff. 3. Discretionary Service Charges -- Charges for any discretionary services covered by this Agreement are determined in accordance with Company's Retail Delivery Tariff. Company and Customer agree to comply with PUCT or court orders concerning discretionary service charges. 4. Term and Termination -- This Agreement becomes effective when executed by both and continues in effect until the projects are completed. Termination of this Agreement does not relieve Company or Customer of any obligation accrued or accruing prior to termination. 5. No Other Obligations -- This Agreement does not obligate Company to provide, or entitle Customer to receive, any service not expressly provided for herein. Customer is responsible for making the arrangements necessary for it to receive any further services that it may desire from Company or any third party. 6. Governing Law and Regulatory Authority -- This Agreement was executed in the State of Texas and must in all respects be governed by, interpreted, construed, and enforced in accordance with the laws thereof. This Agreement is subject to all valid, applicable federal, state, and local laws, ordinances, and rules and regulations of duly constituted regulatory authorities having jurisdiction. 7. Amendment --This Agreement may be amended only upon mutual agreement of the Parties, which amendment will not be effective until reduced to writing and executed by the Parties. But changes to applicable PUCT Substantive Rules and Company's Retail Delivery Tariff are applicable to this Agreement upon their effective date and do not require an amendment of this Agreement. 8. Entirety of Agreement and Prior Agreements Superseded -- This Agreement, including all attached Exhibits, which are expressly made a part hereof for all purposes, constitutes the entire agreement and understanding between the Parties with regard to the service(s) expressly provided for in this Agreement. The Parties are not bound by or liable for any statement, representation, promise, inducement, understanding, or undertaking of any kind or nature (whether written or oral) with regard to the subject matter hereof not set forth or provided for herein. This Agreement replaces all prior agreements and undertakings, oral or written, between the Parties with regard to the subject matter hereof, including without limitation NIA [speCify any prior agreements being superseded], and all such agreements and undertakings are agreed by the Parties to no longer be of any force or effect. It is expressly acknowledged that the Parties may have other agreements covering other services not expressly provided for herein, which agreements are unaffected by this Agreement. 9. Notices -- Notices given under this Agreement are deemed to have been duly delivered if hand delivered or sent by United States certified mail, return receipt requested, postage prepaid, to: (a) If to Company: Jodie Smith ONCOR Electric Delivery 14400 Josey Lane Farmers Branch, Texas 75234 Tariff for Retail Delivery Service ONCOR Electric Delivery Company 6,3 Agreements and Forms Applicable: Entire Certified Service Area Effective Date: January 1, 2002 Page 2 of 3 Revision: Original (b) If to Customer: City of The Colony Attention: Mr. Ron Hartline 6800 Main Street The Colony, Texas 75056 The above-listed names, titles, and addresses of either Party may be changed by written notification to the other. 10. Invoicing and Payment - Invoices for any discretionary services covered by this Agreement will be mailed by Company to the following address (or such other address directed in writing by Customer), unless Customer is capable of receiving electronic invoicing from Company, in which case Company is entitled to transmit electronic invoices to Customer. City of The Colony Attention: Ron Hartline 6800 Main Street The Colony, Texas 75056 If Company transmits electronic invoices to Customer, Customer must make payment to Company by electronic funds transfer. Electronic invoicing and payment by electronic funds transfer will be conducted in accordance with Company's standard procedures. Company must receive payment by the due date specified on the invoice. If payment is not received by the Company by the due date shown on the invoice, a late fee will be calculated and added to the unpaid balance until the entire invoice is paid. The late fee will be 5% of the unpaid balance per invoice period. 11. No Waiver -- The failure of a Party to this Agreement to insist, on any occasion, upon strict performance of any provision of this Agreement will not be considered to waive the obligations, rights, or duties imposed upon the Parties. 12. Taxes -- All present or future federal, state, municipal, or other lawful taxes (other than federal income taxes) applicable by reason of any service performed by Company, or any compensation paid to Company, hereunder must be paid by Customer. 13. Headings -- The descriptive headings of the various articles and sections of this Agreement have been inserted for convenience of reference only and are to be afforded no significance in the interpretation or construction of this Agreement. 14. Multiple Counterparts -- This Agreement may be executed in two or more counterparts, each of which is deemed an original but all constitute one and the same instrument. 15. Other Terms and Conditions - N/A. IN WITNESS WHEREOF, the Parties have caused this Agreement to be sign by their respective duly authorized representatives. :~ty\)hQ;C[,L TfTLEb.-~ i1Vkrt1fF I). N.", a'l BY: TITLE: PDMS I Designs Services_ DATE: October 25,2007 DATE: REMIT TO and MAKE CHECK PAYABLE TO: ~R ONCOR Electric Delivery 14400 Josey Lane The Colony, Texas Fax: (972) 888-1304 Statement of Charges Attn: Jodie Smith Customer: ---- . ~ ~, Name: City of The Colony ;:: Address: 6800 Main Street WR - 2908287 Ii: City: The Colony, State: Texas Zip: 75056 ' -$: ATTN: Mr. Ron Hartline Date: Thursday, October 25,2007 ~~ , Qty Description U nit Price Total 26 11ft. Texan Pole wI Decorative Lantern Luminaire $123,270.00 City of The Colony Phase III-B Street Li2;ht Project (Several WRs) Total Due Upon Receipt $123,270.00 ~ Remit payment to the above address. ~ Please include the WR # on your check. Q If you have any questions about this Statement of Charges please contact at t'U\l\7 C"........._....... ....1- ,....&....._....... ..........l