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Ordinance No. 13,823ORDINANCE NO. 13,823 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A LETTER AGREEMENT WITH CENTERPOINT ENERGY HOUSTON ELECTRIC, LLC, FOR THE REPLACEMENT, INSTALLATION AND MAINTENANCE OF STREET LIGHTING ALONG EMMETT HUTTO BOULEVARD AND THE HUTTO PARKWAY TRAIL IN THE AMOUNT OF EIGHTY-ONE THOUSAND TWO HUNDRED FIFTY-FOUR AND N0/100 DOLLARS ($81,254.00); 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 a letter agreement with CenterPoint Energy Houston Electric, LLC, for the replacement, installation and maintenance of street lighting along Emmett Hutto Boulevard and the Hutto Parkway Trail. A copy of the agreement is attached hereto, marked 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 EIGHTY-ONE THOUSAND TWO HUNDRED FIFTY- FOUR AND N0/100 DOLLARS ($81,254.00) pursuant to the Agreement authorized in Section 1 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 N0/100 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 immediate and after its passage by the City Council of the City of Baytown. INTRODUCED, READ, and PASSED by the affirmatiote�of the City Council of the City of Baytown, this the 9`l' day of August, 2018. -ATTEST: PALL, CIA BRYSCH, Ci erk APPROVED AS TO FORM: IGNACIO RAMIREZ, SR., q.�i# Attorney R:1KarenTi1esTity CouncillOrdinances 018\August 9.CenterPointLEDStreetlightLetterAgreement4HuttoBlvd.doc Exhibit "A" f GenterPOini i� Energy Subject: Street Light Agreement Letter June 25, 2018 City of Baytown- Emmett Hutto Blvd Baytown Service Area Dear Street Lighting Requester, CenterPoint Energy (Company) agrees to furnish, install, own and maintain street lighting service in the above noted area subject to the Lighting Services Rate schedule and the corresponding Service Rules and Regulations Relating to the Provision of Delivery Service to Retail Customers. This installation consists of: 16, 115 watt, LED, 10,850 lumen, Double Arm style luminaires, Power Coated in Black mounted to galvanized steel pole serviced by underground conductors. The current monthly Lighting Services Rate schedule fee per street light is $26.30. 20, 115 watt, LED, 10,850 lumen Single Arm style luminaires, Power Coated in Black mounted to galvanized steel pole serviced by under rg ound conductors. The current monthly Lighting Services Rate schedule fee per street light is $10.34. Removing 16-100 watt existing streetlight and replacing them with the new streetlights. The initial rate levels shown in the Rate Schedule for LED luminaires are subject to change, perhaps significantly, in the next Cost of Service rate filing The additional cost of electrical power and energy must be provided by your Competitive Retailer of choice. Payment of all monthly fees associated with this installation will be paid directly to your chosen Competitive Retailer. LED street lights are an emerging technology with no established industry standard. By choosing an LED street lighting option, the customer acknowledges this fact and accepts that there will be variances between LED street light luminaires. Such variances may reflect, at a minimum: luminaire physical appearance, differing levels of lumens, watts, and monthly kWh. The customer shall not hold Company liable for any variations in LED street light luminaire performance from the target average specifications stated in the Rate Schedule nor for how LED street light luminaires evolve over time in comparison to earlier variants. The construction cost for this request is $ 81,254.00 which is not subject to refund. Please remit this payment attached to this signed and completed agreement letter as noted in the following information. This estimate is valid for 180 days from the date listed above. The streetlights will be installed at the general locations depicted on the attached electrical and gas facility layout. The installation of street lighting along residential roadways will be installed with no up -front construction cost provided all construction scheduling needs are met and our company receives the necessary documentation that allows our company to exercise the option to jointly install the streetlights with the natural gas and underground electrical facilities also being installed as part of this project. Such documentation and needs include: • A signed copy of this street light agreement letter • Completed Master Contact Data Form (see attached) • All needed street light easements granted and documented • If required, your Competitive Retailer of choice has returned the Competitive Retailer Selection Form, as noted below. An estimate of construction cost will be prepared and payment requested for the installation of the street lighting if the above requirements could not be met. Installation of the street lights is contingent on all the street lights being installed at one time, after the street paving and curbs have been completed, and all lots have been brought up to finished grade level. All easements and rights -of way must be clear of trees, stumps, construction debris and equipment, and other obstructions which would interfere with the Company's cable trenching operation. If these conditions are not met, our company must ask that the additional construction costs associated with the obstructions be paid. There will also be a charge for all street, sidewalk, and driveway bore's unless others install electrical PVC conduit to our company's specifications. Conduit specifications can be provided upon request. While our company does attempt to maintain standard locations for the installation of street lighting, it is not always possible to install street lighting at these locations. Any adjustments needed should be discussed and resolved during the pre -construction walk. Any relocation requested can be done if it does not create operating problems and is not objectionable to other parties. All costs associated with relocations after the installation of the street lighting will be borne by the party making the request. Please reference the attached Master Contact Data Form and fill in all required fields. This information is needed to create new or verify existing unique account numbers called Electric Service Identifiers (ESI's). You will be personally notified if you must choose a Competitive Retailer and personally forward the ESI number to that Competitive Retailer chosen. If so required, you will be responsible for following the instructions on the Competitive Retailer Selection Form that will be forwarded to you with the ESI number on it. You will also be responsible for insuring that your chosen Competitive Retailer follows their instructions noted on this same form. During this process, our company does not know which Competitive Retailer your are choosing. This request cannot be scheduled for construction until your Competitive Retailer of choice has made contact with our company per the instructions on the Competitive Retailer Selection Form. The Competitive Retailer, yourself, and I will negotiate the electric energize date of the requested street lighting. You can learn more on how to contact and choose a Competitive Retailer by calling 1-866-797-4839 or viewing the website www.powertochoose.org. If this is in accordance with your understanding and acceptance, please indicate so in the spaces provided below and return this letter and the Master Contact Data Form to the Service Area Service Consultant that provided you with these documents. If this is in accordance with your understanding and acceptance, please indicate so in the spaces provided below and return with payment of above mentioned construction costs to: CenterPoint Energy Sr. Estella Rodriguez 2301 W. Gears Road, Houston, Texas 77067. If you have any questions please contact me at (713) 945-3219. Sincerely, Estella Rodriguez Service Consultant Lighting Design Services Department Please print all entries below except for signature. Approved and accepted this day of , 2018. Signature Printed Title Printed Name Mailing Address Phone W/O 86346979 — Power Coated in Black - Streetliahts