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R2005-0189 12-12-05RESOLUTION NO. R2005-189 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AN AGREEMENT WITH CENTERPOINT ENERGY FOR THE INSTALLATION OF DECORATIVE STREET LIGHTS IN THE SPECTRUM DISTRICT AND AUTHORIZING CENTERPOINT TO INSTALL THE LIGHTING IN ACCORDANCE WITH THE AGREEMENT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain Agreement by and between the City of Pearland and Centerpoint Energy, a copy of which is attached hereto as Exhibit "A" and made a part hereof for all purposes, is hereby authorized and approved. Section 2. That the City Manager or his designee is hereby authorized to execute and the City Secretary to attest an Agreement with Centerpoint Energy, for the installation of decorative street lights in the Spectrum District. PASSED, APPROVED and ADOPTED this the 12th day of December , A.D., 2005. TOM REID MAYOR ATTEST: NG ~I~I'IV~ TF3~/(C SE RETARY (/ APPROVED AS TO FORM: DAR IN M. COKER CITY ATTORNEY Exhibit "A" Resolution 2005-189 SPECTRUM AT CLEAR CREEK DECORATIVE STREET LIGHTING AGREEMENT BETWEEN CITY OF PEARLAND, TEXAS AND CENTERPQINT ENERGY AOUSTON ELECTRIC, LLC General CenterPoint Energy Houston Electric, LLC (CEHE) agrees, at the request of the City of Pearland, Texas (City), to install, own, and maintain black, approximately 18' mounting height, "Hallbrook "single and twin luminaire style decorative street lights at a lamp type of either 100 or 175 watt Metal Halide in the above noted area subject to the Lighting Services Rate schedule and the corresponding Service Rules anal Regulations Relating to the Provision of Delivery Service to Retail Customers provided the City agrees to the terms and conditions noted herein. Installation of the requested street lighting system is dependent upon all street lights being installed in dedicated City public rights of way and easements with electrical sources of adequate capacity and suitable voltage being within acceptable distances. Photometry and Illumination It is CEHE policy to install street lighting in accordance to the recommendations of the Illuminating Engineering Society of North America (LE.S.N.A.). The City agrees that the street lighting locations will be chosen and identified solely by the City and that the installation may not meet the recommendations of the LE.S.N.A. The City further understands that the proposed placement of street lighting with existing and future landscaping and streetscape, including tree canopy, will likely further obstruct and limit the amount and quality of lighting on actual roadway and pedestrian pavement. Construction Estimates The City agrees that CEHE will not be expected to participate in any competitive bidding process. CEHE agrees to provide only phased construction estimates when requested to do so by the City. The City, or others identified by the City as responsible, will pay the difference in cost between a standard cobra style galvanized direct embedded steel pole street light installation and the costs associated with installing the requested CEHE non standard decorative street lighting. These costs will include any material and construction differentials minus any applicable CEHE construction credits. Such construction credits would be the same as lose applied to the installation of standard underground electrical serviced street lighting. The City may utilize one or more of the below programs or policy to secure credits toward the installation of new underground electrical serviced decorative street lighting: • CEHE Municipal Allotment Program (more commonly referred to as the 6% free program) • Customer Installed Conduit System Program (conduit must be installed to CEHE specifications) • General Construction Credit Policy The City understands that the CEHE Municipal Allotment Program and Customer Installed Conduit System Program are CEHE voluntary programs that could change or be discontinued before this project reaches completion. CEHE agrees to provide the City with individual estimates for each phase of construction with costs stated on the estimates that will be applicable for a period not to exceed 365 calendar days from the date the estimates are provided to the City. The City understands that the CEHE Municipal Allotment Program, Customer Installed Conduit System Program, nor the General Construction Credit Policy relieves the City from the costs to be paid to CEHE for the removal or adjustment of any existing CEHE facility that may need to be removed or adjusted to meet the installation requirements of the City requested decorative street lighting. The City understands and agrees that customer contributions toward construction must be received by CEHE prior to CEHE purchasing the materials required to begin construction. The City understands that there is a minimum 9-I l week delivery lead time for the requested decorative poles and luminaires from the date of CEHE's receipt of the customer contribution toward construction. En~ineerin~ and Installation The City agrees to identify the locations of each street light to be installed and to provide an authorized representative of the City to field inspect and approve the location of each streetlight to be installed prior to the commencement of construction. The City agrees that, after such inspection and approval, all costs associated with the relocation or removal of a streetlight and all facilities inclusive to its operation. shall be borne solely by the City or the requesting party. The City understands that CEHE requires the City to approve in writing on City letterhead any relocation or adjustment of street light facilities and to identify to CEHE the new placement location. The City agrees that CEHE will not be responsible for the removal, reinstallation, or damage to streetscape amenities such as but limited to irrigation, drainage, landscaping, signage, furniture, sidewalks, pavers, and non-CEHE electrical services, that may interfere or conflict with the installation of the City requested CEHE street lighting system. The City agrees to clearly identify 2 and coordinate the adjustment of all streetscape conflicts prior to the start of CEHE construction. The City agrees to insure that all City rights of way and easements where street lighting is to be installed will be brought to finished grade (including back till for landscaping), that all street paving and curbs are completely installed, and that all construction debris and equipment or other obstructions which would interfere with the street light installation are cleared prior to the start of CEHE construction. The City agrees to have a certified professional engineer licensed by the State of Texas to design any and all special foundations required to meet the needs of street lights locations where the CEHE designed Hallbrook street light foundation cannot be installed. The City agrees to provide CEHE such designs for evaluation a minimum of six weeks before such foundation designs are needed for construction. The City agrees to have incorporated within the special foundation designs at cost to the City any additional needs identified by CEHE before the designs are used for construction purposes. The City agrees to install all special foundations at the sole cost and effort of the City. The City and CEHE agree that the streetscape design at the time of the signing of this agreement is preliminary. Due to the preliminary status of the streetscape design, the City and CEHE further agree that there may be locations where street lighting cannot be installed unless both the City and CEHE can agree upon methods to protect the street light facilities from damages. The City agrees that any additional requirements to protect the street lighting will be engineered and determined with the assistance of CEHE and that such mutually agreed upon requirements will be procured, installed, and perpetually maintained in operational condition at the sole cost and effort of the City. The City acknowledges that installation and maintenance of the decorative street lighting system may temporarily interfere with traffic operations. CEHE agrees that it will use good judgment to perform the required construction to minimize interference of traffic operations. The City agrees to reasonably assist in traffic management if necessary and if requested by CEHE to maintain acceptable traffic operations and expedite any permits required by the City to perform such work. The City agrees that such assistance will be provided at no cost to CEHE. The City understands that construction schedules are dependent upon the availability of material and material lead times. Estimated start and completion dates are also based on no occurrence of unforeseen or unfortunate circumstances that may require CEHE to reallocate and/or redirect manpower and/or equipment. It is agreed that each decorative street light will be identified numerically to increase the efficiency of tracking and maintenance. It is also understood that the numerical identification will be installed on the roadway side of each decorative street light pole using numbers that that are 2 1/2 inches in height and one inch in width. The City agrees to provide, at the City's sole cost and effort, any tree trimming that may be required to install the street lighting. Maintenance and Stocking of Hallbrook Components The City agrees that CEHE will not trim trees or landscaping and will not adjust any streetscape feature to maintain or improve illumination levels and distribution. The City agrees that CEHE will not be responsible for damages to or the restoration or reinstallation of streetscape elements removed or adjusted by CEHE when making street light repairs. Such streetscape elements include irrigation, drainage, landscaping, signage, furniture, sidewalks, pavers, and non-CEHE electrical services. The City agrees to perpetually replace at sole cost and effort to the City any special foundation that is determined by CEHE to be damaged beyond reuse and coordinate with CEHE the reinstallation of any street lighting that is taken out of service due to such damage. The City further understands that additional street lighting could be taken out of service until repairs are made to such special foundations and that the City would be responsible for any costs associated with the installation and later removal of any City requested temporary street lighting facilities installed by CEHE to restore service to the additionally effected street lighting. The City agrees that CEHE is under no obligation or requirement to make temporary service restorations efforts associated with special foundations replacement or repair needs. The City agrees to perpetually stock an amount of Hallbrook pole, arm, and complete luminaire components in both single and twin luminaire options to be able to provide CEHE a minimum of three complete Hallbrook single and twin luminaire street light units that will be provided at no cost to CEHE, with no material credits or material reimbursements due the City from CEHE, as needed for CEHE to perform repairs needed due to individual component or complete unit failure, damages caused by knockdown, impacts caused by natural or manmade objects, damages caused by natural disaster, and damages caused by vandalism. The City agrees and understands that CEHE will not install, own, maintain, repair, or replace decorative pole skirts or bases, banners, or banner hardware approved for installation between the City and CEHE and that CEHE will not be held responsible for damages to, maintenance of, or replacement of any such decorative pole skirts or bases, banners, or banner hardware under any circumstances. CEHE agrees to secure the required Hallbrook components stocked by the City as needed to make street light repairs, provided the components are located within the Pearland city limits or other location mutually agreed upon between the City and CEHE, and perform all repairs and replacements at CEHE expense. The City agrees to restock components used from its inventory_ at its sole cost and effort and be completely responsible for all inventory control to insure that adequate material is available for use by CEHE as the City and CEHE identifies street lighting locations in need of repair or replacement. The City agrees to provide contact names and telephone numbers of the Citv_ personnel that can schedule access to the components stocked by the City. 4 CEHE agrees to stock components such as ballasts, starting aids, lamps, and photoelectric relays needed to perform general luminaire only maintenance and will perform such stocking and repairs at CEHE sole cost and effort. The City understands and agrees that CEHE Hallbrook unit and component replacement response could be delayed beyond time periods normal to making repairs to standard CEHE street lighting due to the need to secure replacement components stocked by the City. The City further understands and agrees that Hallbrook luminaire maintenance requiring ballast components could also be delayed if luminaire ballasts were to fail in unexpected numbers that deplete the CEHE replacement ballast stock. CEHE will communicate Hallbrook pole and luminaire replacement needs identified by CEHE during normal maintenance response to the City during regular CEHE business hours no later than the following regular business day after such a need is identified. The City understands that CEHE normal business hours are Manda.y thru Friday from 8 a.m. to 5 p.m. The City agrees to solely decide to replace a Hallbrook street light with a CEHE standard street light if the needed pole, arm, and/or luminaire replacement components cannot be provided by the City at the time such components are determined in need of replacement due to failure, knockdown, or natural disaster. The City agrees to pay CEHE all costs associated with any City request to install and later remove CEHE standard street lighting used to temporarily restore illumination when the City cannot make available to CEHE the needed Hallbrook components. The City agrees to contact CEHE upon the arrival of the Hallbrook components needed to restore such locations to Hallbrook status. The City agrees that repeated vandalism repairs will be at the expense of the City for CEHE material and labor and that CEHE reserves the right to replace any repeatedly vandalized decorative street lighting with CEHE standard street lighting or permanently remove the vandalized street lighting. CEHE agrees to only provide ballasts, starting aids, lamps, and photoelectric relays in the repair of vandalism. The City agrees to provide at no cost to CEHE all other needed Hallbrook material components needed to make vandalism repairs. The City and CEHE agree that alternative components similar to the Hallbrook style could be installed if the Hallbrook components originally installed are no longer available and provided such alternative material meets the approval of both the City and CEHE. The City and CEHE further agree that an installation of alternative material would likely require a similar installation agreement as used to address the original installation of Hallbrook components. The City and CEHE agree that the decorative street light paint will degrade and dull over time. The City agrees that any repainting sooner than 15 years after the installation of individual street lights or last repainting of individual street lights would be at the sole expense of the City. The City further agrees that only CEHE approved painters will be allowed to perform such work. Pole Attachments The City understands that all pole attachments require the approval of CEHE prior to installation and that such approval requires a separate written agreement between the City and CEHE. The City and CEHE agree that under no circumstances will an approval be granted to install any signage that is necessary for traffic or pedestrian operation or movement; especially but not limited to stop, yield, and speed zone signage. The City shall be responsible for the costs of repairing any damages to any streetlights resulting from any pole attachments made by or approved by the City. The City also agrees to assist CEHE in the enforcement of all pole attachment agreements associated with the installation of the requested decorative street lighting. If the above is within agreement both CEHE and City shall indicate such agreement by authorized signature in the appropriate space provided below. CenterRoi.~+ R„o ~ . 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Furthermore, this luminaire was designed with a decorative "extended" reflector to provide IES full cutoff and IES cutoff distributions for those applications where required. Photo features a Hallbrook Extended luminaire with prismatic glass, "bowl" shaped refractor. For other innovative lighting products and solutions, see the Holophane Architectural Outdoor binder, or contact your local sales representative. 165 1. ~9m (43~~) I~~ Options & Accessories ~~ - 3.7m I r2~) i /~/ ~___ it Lamp type & wattages Metal Halide 70-175W HPS 35-150W Mercury 100-175W Pole height 3.66 m (12') 4.57 m (15') 5.49 m (18') Button style photocontrol Protected starter Cast aluminum decorative base Weatherproof receptacle Decorative arms Colors Optics Black Symmetric glass refract Bronze Asymmetric glass refractor Green As specified Materials Arm Steel Single Aluminum Twin Street sign bracket Banner arms Wall mount Vertical cast guard Horizontal cast guard For detailed ordering information, specifications, and photometrics, refer to the appropriate technical data sheet The Hallbrook Series incorporates a contemporary shepherd's crook design as I I • standard w rth an optional cast aluminum flared base. Poles are of steel or aluminum construction and available in ~--- 12', 15', 18' heights. Also ~~ it ~ available are banner arms, street sign brackets, and -~ weatherproof receptacles. 1.67m (65.63")-> ~- 76m ~ _ ~~ ~.osm ~ ~ r/ ~~ (43") ~ ~ ~ ~~ ~~ ~---I i _~ 565mm i1 (22.24"~ -- ~ I 3.7m (12') ~ 594mm 4.6m (15') ~ ~ (23.38") -~~ 5.5m (18') 2 piece base cove~~ 1 I ~ Hand hole for '- b wiring access I i I I _ ~ f? 1~ 164