HomeMy WebLinkAboutResolution No. 2010-102CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2010- i (:,A
A RESOLUTION OF THE CITY OF THE COLONY, TEXAS,
APPROVING THE TERMS AND CONDITIONS OF A
CONSTRUCTION SERVICES CONTRACT BY AND BETWEEN
THE CITY OF THE COLONY AND ONCOR ELECTRIC
DELIVERY, WHICH IS ATTACHED HERETO AND
INCORPORATED HEREIN AS EXHIBIT "A"; AUTHORIZING
THE CITY MANAGER TO EXECUTE SAID CONTRACT;
PROVIDING AN EFFECTIVE DATE
WHEREAS, the City Council has determined that it is in the best interest of the
citizens execute a construction contract with ONCOR Electric Delivery for the
installation of street lights related to the widening of North Colony Boulevard from Curry
Drive to Paige Road, which is attached hereto and incorporated herein as Exhibit "A";
and
WHEREAS, the City of The Colony agrees to pay the sum not to exceed
$74,513.00 for such work.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF THE COLONY, TEXAS, THAT:
Section 1. The City Council of the City of The Colony, Texas hereby
approves a contract with ONCOR Electric Delivery for the installation of street lights,
including electric service and installation of electric wiring, pull boxes and 17 light poles,
related to the widening of North Colony Boulevard from Curry Drive to Paige Road in an
amount of $74,513.00.
Section 2. The City Manager is authorized to execute a Construction Services
Contract for said construction, which is attached hereto and incorporated herein as
Exhibit "A".
Section 3. This resolution shall take effect immediately from and after its
passage.
PASSED AND APPROVED by the City Council of the City of The Colony,
Texas, this 21st day of December, 2010.
oe MCC
Orry, Mayor
ATTEST: City of The Colony, exas
Wilson,City Secretary.`
APPROVED AS TO FORM:
Jeff Moore, 'C ty Attorney
ONCR
,,Q Oncor Electric Delivery
14400 Josey Lane
Farmers Branch, Texas 75234
September 24, 2010
Mr. Robert Kotasek
City of The Colony
6800 Main Street
The Colony, Texas 75034
Re: Cost for the Installation of Seventeen (17) Decorative street lights on N. Colony
Blvd. in The Colony.
Dear Mr. Kotasek,
Per our a-mails and phone conversations, we have reviewed our proposal and
revised the cost to install the seventeen (17) proposed street lights on N. Colony
Blvd. between FM 423 (Main St.) and Paige Rd. in The Colony. Since the Paige Rd.
project in 2007, all of our cost for material, labor and taxes have increased. Our cost
is computer generated along with the above factors as well as the $2,000 per light
allocation for these type projects. This project consist of installing seventeen (17)
14ft.Texan Street Light Standards w/Decorative Luminaries. The revised cost to
install the seventeen (17) proposed street lights is $74,513. This cost is based on the
City installing the street light foundations and all necessary conduits. If there are no
conflicts with this cost, please sign the attached Street Light and Discretionary
Service agreements and return them to this office so that we may proceed with your
N. Colony Blvd. street light project.
If you have any questions regarding this project, please call (972) 888-1317.
lSincerely,i 1
® le Sm1111F11141did
Enclosures
1. City agrees to pay Company $ 0 in consideration of Company's agreement to install said street lights and
understands that no construction work will begin until after Company has received full payment.
2. Company agrees to install, own, operate and maintain said street lights in accordance with its street lighting
agreement with customer. However, if City or Developer fails to pay, on demand, the amount indicated above, this
supplemental agreement is automatically terminated.
3. All parties agree that Company will retain for its use and benefit the payment received hereunder in consideration of
its obligation to install said street lights and that Company at all times has title to, and complete ownership and control
of, said street lights.
4. Company is not liable for loss or injury caused by delay or failure to install the electric facilities necessary to serve
customer because of delay in receiving shipment of required material, orders or formal request of governmental
agencies, acts of God or the public enemy, inevitable accidents, fire, explosions, strikes, riots, war, or any other
causes reasonably beyond control of the Company. If Company is prevented from installing such electric facilities by
any of the above causes, Company agrees to return to City or Developer, without interest, the entire amount of City or
Developer's payment, thereby terminating this supplement and Company's obligation to provide the electric facilities
described herein.
5. This agreement is entered into subject to the terms of the Agreement for Street Lighting Service between City and
Company dated / ct!i -1,0 111 R®1
D BY,CQMPANY ;,,I , ACCEPTED BY CITY ACCEPTED BY DEVELOPER (if applicable)
SIGNA
SI
TITLE
SIGNATURE
M
TITLE
DATE SIGNED DATE SIGNED DATE SIGNED
3-d,4. ~v It
AGREEMENT FOR STREET LIGHTING SERVICE SUPPLEMENT
NUMBER
City of The Colony , Texas ("City") and ONCOR ELECTRIC DELIVERY COMPANY ("Company")
City requests and authorizes Company to provide street lighting as follows below and on sketch(s) attached hereto and
made a part hereof.
Actions: Addition X Removal N. Colony Blvd WR--3101772
Action Quantity Wattage Light Rate Schedule/ Identifying
Location (Address, etc.)
Source Group Luminaire/Pole Type
(See Attached Sketch)
Decorative Luminaire
N. Colony Blvd. 1 s . pole
A 1 150 MH A w/ 14ft. Texan Pole
W. of FM423
3949907-3713974
N. Colony Blvd. 1". pole
A 1 150
E. of Joy Dr.
3950608-3713991
N. Colony Blvd. 1-'. pole
A
1
150
W. of Joy Dr.
3950832-3713995
N. Colony Blvd. @ Knight
A
1
150
Dr.--- 3951132-3714014
N. Colony Blvd. 2"'. pole
A
1
150
E. of Knight Dr.
3951431-3714047
N. Colony Blvd. 1". pole
A
1
150
W. of Blair Oaks Dr.--
3951680-3714072
N. Colony Blvd. 1". pole
A
1
150
E. of Blair Oaks Dr.
3952180-3714081
N. Colony Blvd. 2"'. pole
A
1
150
E. of Blair Oaks Dr.
3952531-3714097
N. Colony Blvd. @ John
A
1
150
Yates--3952881-3714107
N. Colony Blvd. 1 St. pole
A
1
150
E of John Yates Dr.
3953181-3714124
A
1 150 MH A
Decorative Luminaire N. Colony Blvd. 1 pole
w/ 14ft. Texan Pole E. of Regan Dr.
3953756-3714559
A
1 150
N. Colony Blvd. 2" . pole
E. of Regan Dr.
3953988-3714860
A
1 150
N. Colony Blvd. @ Allen
Dr.-3954557-3715269
A
1 150
N. Colony Blvd. 2 . Pole
E. of Allen Dr.
3954757-3715213
A
1 150
N. Colony Blvd. 1 s . pole
E. of Pruitt Dr.
3955566-3715045
A
1 150
N. Colony Blvd. 1 s . pole
W. of Paige Rd.
3955879-3714976
A 1 150 MH A _ Decorative Luminaire N. Colony Blvd. 2n . Pole
w/14ft. Texan Pole E. of Pruitt Dr.
3954061-3714939
Tariff for Retail Delivery Service
ONCOR Electric Delivery Company
3 Agreements and Forms
Applicable: Entire Certified Service Area Page 1 of 2
Effective Date: January 1 2002 Revision: Original
6.3.4 Discretionary Service Agreement
This Discretionary Service Agreement ("Agreement") is made and entered into this 20th day of May, 2010, 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 17-14 ft Texan Poles w/ Decorative Lantern Luminaires for City of The Colony
on N. Colony Blvd. between FM 423 (Main St.) and Paige Rd.
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 N/A [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
14400Josey Lane
Farmers Branch, Texas 75234
Tariff for Retail Deliver,! Service
014COR Electric Delivery Company
6.3 Agreements and Forms
Applicable: Entire Certified Service Area Page 2 of 3
C:fiectivc Date: January 1 2002 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.
it. 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.
ONCOR El tric Deli er Comp y
BY: L
TITLE: PDMS / Designs Services_
City of The Colony
B4o
TITLE: fitly M l C,
DATE: September 24, 2010
DATE: 3 « 4Iq . ( olt_