Ordinance No. 15,092 ORDINANCE NO. 15,092
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE
FACILITIES EXTENSION AGREEMENTS WITH CENTERPOINT ENERGY
HOUSTON ELECTRIC, LLC, FOR THE INSTALLATION OF A NEW PERMANENT
POWER DISTRIBUTION LINE FOR THE HOTEL AND CONVENTION CENTER
PROJECT, IN THE AMOUNT OF TWO HUNDRED SIXTY-THREE THOUSAND
SEVENTY-ONE AND NO/100 DOLLARS ($263,071.00); MAKING OTHER
PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE
DATE THEREOF.
*************************************************************************************
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS:
Section 1: That the City Council of the City of Baytown, Texas, hereby authorizes and directs
the City Manager to execute Facilities Extension Agreements with CenterPoint Energy Houston Electric,
LLC, for the installation of a new permanent power distribution line and power poles along Convention
Center Way to serve the Hotel and Convention Center Project. Copies of the agreements are attached
hereto, marked collectively as Exhibit"A," and made a part hereof for all intents and purposes.
Section 2: That the City Council of the City of Baytown authorizes payment to CenterPoint
Energy Houston Electric, LLC, in the amount of TWO HUNDRED SIXTY-THREE THOUSAND
SEVENTY-ONE AND NO 100 DOLLARS ($263,071.00) pursuant to the agreements authorized in
Section I hereof.
Section 3: That the City Manager is hereby granted general authority to approve any change
order involving a decrease or an increase in costs of FIFTY THOUSAND AND NO 100 DOLLARS
($50,000.00) or less; however, the original contract price may not be increased by more than twenty-five
percent(25°%) or decreased by more than twenty-five percent(25%)without the consent of the contractor
to such decrease.
Section 4: This ordinance shall take effect immediately from and after its passage by the City
Council of the City of Baytown.
INTRODUCED, READ, and PASSED by the affirmative vote of e ity, Council of the City of
�LBaytown this the 12"day of May, 2022.
--'1 CHRIS PRESLEY, Mayor Pro Tem
�F,aNYT01,V
A —Ai
� %�N
°
o
o
ANGELA 3ACKSON,City CI 0 °a co
L OF
APPROVED AS TO FORM:
t'�WL
TREVOR FANNING, Interim City Attorney
R.1Trevor\ORDINANCESl202215.12.221CenterPointFaci litiesExtensionAgreementsConventionCenter.docx
EXHIBIT "A"
Chapter 6: Company Specific Items
Sheet No. 6.24
Page 1 of 2
CenterPoint Energy Houston Electric, LLC
Applicable: Entire Service Area CNP 8038
6.3 AGREEMENTS AND FORMS
6.3.1 FACILITIES EXTENSION AGREEMENTS
6.3.1.1 FACILITIES EXTENSION AGREEMENT FOR DISTRIBUTION
VOLTAGE FACILITIES
This Facilities Extension Agreement for Distribution Voltage Facilities is entered into by and
between City of Baytown ,
herein called"Retail Customer"and CenterPoint Energy Houston Electric, LLC, herein called
"Company"(hereinafter referred to as Agreement) for the extension of Company's Delivery
System distribution voltage facilities, including temporary facilities (hereinafter referred to as
facilities extension or extension), as described herein.
This Agreement covers the facilities extension to Retail Customer location at
300 Convention Center Way Baytown,TX 77520
The Company agrees to accept payment of 218,617 Dollars
to be paid by the Retail Customer, as a Non-Refundable Construction Payment in connection
with the Retail Customer request to extend Company facilities to the above described location as
follows:Customer contribution in aid of construction for installation of concrete pole line.
WO 100909625
• Unless otherwise stated by Company in writing, the Non-Refundable Construction
Payment amount above is valid for twelve months.
In consideration of said Non-Refundable Payment, to be paid to Company by Retail Customer
prior to commencement of construction, Company agrees to install and operate lines and
equipment necessary to distribute electric service to the identified location under the following
General Conditions:
• Company shall at all times have title to and complete ownership and control over
facilities installed by Company.
• Retail Customer must make satisfactory payment arrangements (if payment is required to
extend Company facilities) and sign and return this Agreement before Company can
proceed with the requested extension.
Revision Number: 6th Effective: 04/23/20
303
Chapter 6: Company Specific Items
Sheet No. 6.24
Page 2 of 2
CenterPoint Energy Houston Electric, LLC
Applicable: Entire Service Area CNP 8038
• Extension of service facilities is contingent on acquisition of all necessary easements and
rights of way.
If the facilities extension requested by Retail Customer calls for construction of underground
Delivery System facilities at distribution voltages, Retail Customer must also agree to
Company's additional specifications and terms and conditions determined by Company for the
construction of underground electric service facilities.
The Company's Tariff for Retail Delivery Service, on file with the Public Utility Commission of
Texas, is incorporated into this Agreement, including without limitation Sections 5.2.1
(limitation of liability), 5.2.4(force majeure), and 5.2.6 (disclaimer of warranties) thereof.
Nothing herein contained within this Agreement shall be construed as a waiver or relinquishment
by Company of any right that it has or may hereafter have to discontinue service for or on
account of default in the payment of any bill owing or to become owing thereafter for any other
reason or cause stated in Company's Tariff.
This Agreement shall not be binding upon Company unless and until it is signed by an
authorized representative of the Company.
CenterPoint Energy Houston Electric, LLC
Retail Customer
By By
Mason Hancock
(name printed or typed) (name printed or typed)
Title Senior Service Consultant Title
Date 4/5/2022 Date
Revision Number: 6th Effective: 04/23/20
304
Chapter 6: Company Specific Items
Sheet No. 6.24
Page I of 2
CenterPoint Energy Houston Electric, LLC
Applicable: Entire Service Area CNP 8038
6.3 AGREEMENTS AND FORMS
6.3.1 FACILITIES EXTENSION AGREEMENTS
6.3.1.1 FACILITIES EXTENSION AGREEMENT FOR DISTRIBUTION
VOLTAGE FACILITIES
This Facilities Extension Agreement for Distribution Voltage Facilities is entered into by and
between City of Baytown ,
herein called "Retail Customer" and CenterPoint Energy Houston Electric, LLC, herein called
"Company" (hereinafter referred to as Agreement) for the extension of Company's Delivery
System distribution voltage facilities, including temporary facilities (hereinafter referred to as
facilities extension or extension), as described herein.
This Agreement covers the facilities extension to Retail Customer location at
300 Convention Center Way Baytown,TX 77520
The Company agrees to accept payment of 31,914 Dollars
to be paid by the Retail Customer, as a Non-Refundable Construction Payment in connection
with the Retail Customer request to extend Company facilities to the above described location as
follows:Installation of concrete tenninal pole.Installed at earlier date to allow for underground duct bank to commence
prior to installation of entire concrete pole line.
WO 99089741
• Unless Otherwise stated by Company in writing, the Non-Refundable Construction
Payment amount above is valid for twelve months.
In consideration of said Non-Refundable Payment, to be paid to Company by Retail Customer
prior to commencement of construction, Company agrees to install and operate lines and
equipment necessary to distribute electric service to the identified location under the following
General Conditions:
• Company shall at all times have title to and complete ownership and control over
facilities installed by Company.
• Retail Customer must make satisfactory payment arrangements (if payment is required to
extend Company facilities)and sign and return this Agreement before Company can
proceed with the requested extension.
Revision Number: 6th Effective: 04/23/20
303
Chapter 6: Company Specific Items
Sheet No. 6.24
Page 2 of 2
CenterPoint Energy Houston Electric, LLC
Applicable: Entire Service Area CNP 8038
• Extension of service facilities is contingent on acquisition of all necessary easements and
rights of way.
If the facilities extension requested by Retail Customer calls for construction of underground
Delivery System facilities at distribution voltages, Retail Customer must also agree to
Company's additional specifications and terms and conditions determined by Company for the
construction of underground electric service facilities.
The Company's Tariff for Retail Delivery Service, on file with the Public Utility Commission of
Texas, is incorporated into this Agreement, including without limitation Sections 5.2.1
(limitation of liability), 5.2.4 (force majcure), and 5.2.6 (disclaimer of warranties)thereof.
Nothing herein contained within this Agreement shall be construed as a waiver or relinquishment
by Company of any right that it has or may hereafter have to discontinue service for or on
account of default in the payment of any bill owing or to become owing thereafter for any other
reason or cause stated in Company's Tariff.
This Agreement shall not be binding upon Company unless and until it is signed by an
authorized representative of the Company.
CenterPoint Energy Houston Electric, LLC
Retail Customer
By By
Mason Hancock
(name printed or typed) (name printed or typed)
Title Senior Service Consultant Title
Date 4/5/2022 Date
Revision Number: 6th Effective: 04/23/20
304
Chapter 6: Company Specific Items
Sheet No. 6.24
Page 1 of 2
CenterPoint Energy Houston Electric, LLC
Applicable: Entire Service Area CNP 8038
6.3 AGREEMENTS AND FORMS
6.3.1 FACILITIES EXTENSION AGREEMENTS
6.3.1.1 FACILITIES EXTENSION AGREEMENT FOR DISTRIBUTION
VOLTAGE FACILITIES
This Facilities Extension Agreement for Distribution Voltage Facilities is entered into by and
between city of Baytown
herein called"Retail Customer"and CenterPoint Energy Houston Electric, LLC, herein called
"Company" (hereinafter referred to as Agreement) for the extension of Company's Delivery
System distribution voltage facilities, including temporary facilities (hereinafter referred to as
facilities extension or extension), as described herein.
This Agreement covers the facilities extension to Retail Customer location at
300 Convention Center Way Baytown,TX 77520
The Company agrees to accept payment of 5,581 Dollars
to be paid by the Retail Customer, as a Non-Refundable Construction Payment in connection
with the Retail Customer request to extend Company facilities to the above described location as
follows:Removal of existing pole line on mainland after communication cables have been removed.
WO 102067647
• Unless otherwise stated by Company in writing, the Non-Refundable Construction
Payment amount above is valid for twelve months.
In consideration of said Non-Refundable Payment, to be paid to Company by Retail Customer
prior to commencement of construction, Company agrees to install and operate lines and
equipment necessary to distribute electric service to the identified location under the following
General Conditions:
• Company shall at all times have title to and complete ownership and control over
facilities installed by Company.
• Retail Customer must make satisfactory payment arrangements (if payment is required to
extend Company facilities)and sign and return this Agreement before Company can
proceed with the requested extension.
Revision Number: 6th Effective: 04/23/20
303
Chapter 6: Company Specific Items
Sheet No. 6.24
Page 2 of 2
CenterPoint Energy Houston Electric, LLC
Applicable: Entire Service Area CNP 8038
• Extension of service facilities is contingent on acquisition of all necessary easements and
rights of way.
If the facilities extension requested by Retail Customer calls for construction of underground
Delivery System facilities at distribution voltages, Retail Customer must also agree to
Company's additional specifications and terms and conditions determined by Company for the
construction of underground electric service facilities.
The Company's Tariff for Retail Delivery Service, on file with the Public Utility Commission of
Texas, is incorporated into this Agreement, including without limitation Sections 5.2.1
(limitation of liability), 5.2.4 (force majeure), and 5.2.6 (disclaimer of warranties)thereof.
Nothing herein contained within this Agreement shall be construed as a waiver or relinquishment
by Company of any right that it has or may hereafter have to discontinue service for or on
account of default in the payment of any bill owing or to become owing thereafter for any other
reason or cause stated in Company's Tariff.
This Agreement shall not be binding upon Company unless and until it is signed by an
authorized representative of the Company.
CenterPoint Energy Houston Electric, LLC
Retail Customer
By By
Mason Hancock
(name printed or typed) (name printed or typed)
Title Senior Service Consultant Title
Date 4/5/2022 Date
Revision Number: 6th Effective: 04/23 20
304
Chapter 6: Company Specific Items
Sheet No. 6.24
Page 1 of 2
CenterPoint Energy Houston Electric, LLC
Applicable: Entire Service Area CNP 8038
6.3 AGREEMENTS AND FORMS
6.3.1 FACILITIES EXTENSION AGREEMENTS
6.3.1.1 FACILITIES EXTENSION AGREEMENT FOR DISTRIBUTION
VOLTAGE FACILITIES
This Facilities Extension Agreement for Distribution Voltage Facilities is entered into by and
between City of Baytown ,
herein called"Retail Customer"and CenterPoint Energy Houston Electric, LLC, herein called
"Company"(hereinafter referred to as Agreement) for the extension of Company's Delivery
System distribution voltage facilities, including temporary facilities (hereinafter referred to as
facilities extension or extension), as described herein.
This Agreement covers the facilities extension to Retail Customer location at
300 Convention Center Way Baytown,TX 77520
The Company agrees to accept payment of 6,959 Dollars
to be paid by the Retail Customer, as a Non-Refundable Construction Payment in connection
with the Retail Customer request to extend Company facilities to the above described location as
follows:Removal of temporary pole line on island after underground service energized to hotel and marina services.
WO 102074803
• Unless otherwise stated by Company in writing, the Non-Refundable Construction
Payment amount above is valid for twelve months.
In consideration of said Non-Refundable Payment, to be paid to Company by Retail Customer
prior to commencement of construction, Company agrees to install and operate lines and
equipment necessary to distribute electric service to the identified location under the following
General Conditions:
• Company shall at all times have title to and complete ownership and control over
facilities installed by Company.
• Retail Customer must make satisfactory payment arrangements (if payment is required to
extend Company facilities) and sign and return this Agreement before Company can
proceed with the requested extension.
Revision Number: 6th Effective: 04/23/20
303
Chapter 6: Company Specific Items
Sheet No. 6.24
Page 2 of 2
CenterPoint Energy Houston Electric, LLC
Applicable: Entire Service Area CNP 8038
• Extension of service facilities is contingent on acquisition of all necessary easements and
rights of way.
If the facilities extension requested by Retail Customer calls for construction of underground
Delivery System facilities at distribution voltages, Retail Customer must also agree to
Company's additional specifications and terns and conditions determined by Company for the
construction of underground electric service facilities.
The Company's Tariff for Retail Delivery Service, on file with the Public Utility Commission of
Texas, is incorporated into this Agreement, including without limitation Sections 5.2.1
(limitation of liability), 5.2.4 (force majeure), and 5.2.6 (disclaimer of warranties) thereof.
Nothing herein contained within this Agreement shall be construed as a waiver or relinquishment
by Company of any right that it has or may hereafter have to discontinue service for or on
account of default in the payment of any bill owing or to become owing thereafter for any other
reason or cause stated in Company's Tariff.
This Agreement shall not be binding upon Company unless and until it is signed by an
authorized representative of the Company.
CenterPoint Energy Houston Electric, LLC
Retail Customer
By By
Mason Hancock
(name printed or typed) (name printed or typed)
Title Senior Service Consultant Title
Date 4/5/2022 Date
Revision Number: 6th Effective: 04/23/20
304
SEND THIS FORM WITH YOUR CHECK
CenterPoint Please make check payable to:
Energy CenterPoint Energy
Attn: BAY PAC:Katie Hargraves
BAYTOWN SERVICE CENTER
333 WARD RD BA}TO11'N. T,ti 77520
INVOICE
Customer Info: 4/5/22
Name: City of Baytown
Address: 300 Convention Center Wa
City: Baytown State: TX ZiP: 77520
Phone:
Email:
CNP Representative Mason Hancock Phone: 281-428-3103
Description W/O# Total
I Install Concrete Terminal Pole 99089741 31,914
2 Install Concrete Pole Line 100909625 218,617
3 Remove Poles after Comms Removed 102067647 5,581
4 Remove Temporary Line on Island 102074803 6,959
5
6
$263,071.00
PLEASE MAIL PAYMENT TO THE ABOVE ADDRESS.
Proessing of check may be delayed without the return of this invoice.
Make all checks payable to: CenterPoint Energy
Please send a copy of this invoice along with the check.Charges good for 1 year from date of invoice.
Payment is required prior to release of construction work order
If you have any questions concerning this invoice,please contact your CNP Representative at number above.
Thank you for using CenterPoint Energy