R-2014-012 2014-02-24 RESOLUTION NO. R2014-12
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
ENTER INTO A FACILITIES EXTENSION AGREEMENT WITH
CENTERPOINT ENERGY HOUSTON ELECTRIC, LLC.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain Facilities Extension Agreement, 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 a Facilities Extension Agreement.
PASSED, APPROVED and ADOPTED this the 24th day of February, A.D., 2014.
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TOM REID
MAYOR
ATTEST:
Yo NGARFIN / R C `eve
Y SECRETARY
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APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
Resolution No. R2014-12
Exhibit "A"
"TURN-KEY OPTION"
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 AGREEMENT
This Facilities Extension Agreement is entered into by and between CITY OF PEARLAND,
herein called "Retail Customer" and CenterPoint Energy Houston Electric, LLC, herein called
"Company" (hereinafter referred to as Agreement) for the construction, extension, installation,
modification, repair, upgrade, conversion, relocation, de-energization or removal of Company's
Delivery System, 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 3207 YOST
BOULEVARD .
The Company agrees to accept payment of $ 61.700.00 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: As detailed in the T& C Package Job #67833492; all underground construction by
the Company for the conversion of an overhead primary circuit to underground. This
agreement includes no cost for the modification or removal of the existing overhead
facilities.
• 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
proceed extend Company facilities) and sign and return this Agreement before Company
can with the requested extension.
• Extension of service facilities is contingent on acquisition of all necessary easements and
rights of way
Revision Number: 5th 306 Effective: 9/1/11
"TURN-KEY OPTION"
Chapter 6: Company Specific Items Sheet No. 6.24
Page 2 of 2
CenterPoint Energy Houston Electric,LLC
Applicable: Entire Service Area CNP 8038
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 CITY OF PEARLAND
Retail Customer
By gacouti L ' •
Nib
Richard Wagner Jon Branson
(name printed or typed) (name printed or typed)
Title Sr.Engineering Specialist Title Interim City Manager
Date 01/31/2014 Date P hruary 24, 2014
Please make check payable to CenterPoinl Energy
Revision Number: 5th 307 Effective: 9/1/11
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TERMS & CONDITIONS
UNDERGROUND ELECTRIC SERVICE
FOR
CITY OF PEARLAND
3207 YOST BOULEVARD
OVERHEAD TO UNDERGROUND
Job#67833492
CenterPoint Energy(CNP)
Major Underground Engineering
P. O.Box 1700;Houston,Texas 77251-1700
REFERENCE DRAWINGS:
Site Plan Received: January 9,2014
Utility Plan&Profile Drawing :Not Provided
REFERENCE CENTERPOINT ENERGY SPECIFICATIONS:
Service Standards October 2,2013
Ready-Mix Concrete 007-221-01
Reviewed And Agreed To B k. Lnterim City Manage 02 24, 1:4
Signature Title Date -
Jon R. Branson
Print Name
If this Terms & Conditions package is signed by anyone other than an official from City
of Pearland it will not be considered valid. A valid signature will be considered an
acceptance of all information contained within this Terms&Conditions package.
CenterPoint Energy
Houston,Texas
WRITTEN RDW 01/31/2014
CHECKED NDG 01/31/2014
APPROVED RED 1 01/31/2014
NO. DATE ITEMS REVISED BY CH APP FD0554 SHEET OF 10 SHEETS
Job#67833492
GENERAL
A. These Terms and Conditions are for the conversion of existing overhead facilities to
underground for City of Pearland and/or its contractors/representatives are herein referred
to as the Customer.
B. The CNP Major Underground Engineering (MUG) representative is Richard Wagner at
713-207-6151 or Richard.Wagner@CenterPointEnergy.com.
The CNP Service Area Consultant is Courtney Truman at 713-945-6752.
C. The Customer must comply with all CNP Service Standards,the National Electrical Code,
the National Electrical Safety Code, all Occupational Safety and Health Administration
(OSHA) requirements, the International Building Code and all local governing body
codes.
D. During installation of CNP equipment, CNP will make every effort to preserve the
Customer's landscaping,parking areas, or other facilities. However, any cost that has been
quoted to the Customer does not include any special replacements or repairs to these
items. The Customer shall be solely responsible for any expenses associated with
replacements or repairs to its facilities.
E. The service arrangement outlined in these Terms and Conditions is based on the Customer
request and customer drawings referenced on page 1. Any changes in the design as
illustrated in the referenced drawings may impact CNP's ability to meet the Customer's
requested service date.
Any changes, additions, deletions, rearrangements, relocations, rerouting, reduction of
clearances, etc.,of the Customer's and/or CNP's service facilities illustrated in these Terms
and Conditions shall have the MUG's approval and may require a revised Terms and
Conditions. It is the Customer's responsibility to coordinate the location of all Customer
installed facilities outlined in these Terms and Conditions with all other structures and/or
appurtenances not shown in the referenced drawings.
F. Contact the MUG representative concerning Customer drawing revisions, information
submission,questions,Terms and Conditions revision requests, etc.
G. Hard copy submittals may be mailed to the MUG representative (address — 3000A
Harrisburg Blvd. —Houston, Texas 77003). Electronic submittals may be e-mailed to the
MUD Engineering representative. The MUG representative will; "approve the submittals",
"approve the submittals as noted" or"not approve the submittals". The Customer shall not
install any item that requires CNP approval before receiving an official approval from the
MUG. CNP shall not be responsible for any installed item that has not received MUG
approval.
H. These Terms and Conditions do not include any provisions for service to an individual
customer. No customer service will be available from the proposed single circuit
underground feeder or the proposed terminal pole.
REVISION NO. SPECIFICATION NO. SHEET 2 OF 10 SHEETS
Job#67833492
ACCESS
The Customer must provide a twelve foot (12') minimum width, fourteen foot (14') minimum
vertical clearance, all weather, vehicle access road designed for HS-20-44 loading as recognized
by the American Association of State Highway Officials (AASHO), for CNP personnel and
equipment to the proposed manholes and terminal pole. If the access road has not been completed
and passed fmal inspection (see: Final Inspection, page 5) at the time the Customer requests the
cable to be installed,the cable can only be set under the following conditions.
A. The MUG has determined that the access route is dry and readily accessible to CNP's
normal installation equipment.
B. The Customer shall be responsible for all expenses associated with the repair and/or
replacement of CNP pad mounted equipment damaged by additional construction
activity. Damage to CNP equipment may result in delays to the Customer's requested
service date.
C. CNP will not complete the underground construction (i.e. pulling & terminating
cable, energizing the service, etc.) until the access road and pad mounted equipment
location have passed final inspection(see: Final Inspection,page 5).
The Customer must maintain these requirements for the life of the service.
CNP will utilize the existing streets for the required access.
PLAN AND PROFILE DRAWINGS
The Customer must provide plan and profile drawings for the installation of all underground
facilities around the construction area. The Customer is also required to obtain all applicable
construction permits from the appropriate governing authorities. The plan and profile drawings
must be in accordance with CNP standards attached. These drawings must be approved by CNP
and the appropriate governing authorities before beginning the installation of underground
facilities(duct bank,manholes,etc.).
It is recommended that the Customer meet with the MUG representative to discuss the preparation of
the drawings.
The Customer shall supply CNP with mylar originals and electronic files of the approved final
drawings
CNP will keep the original approved drawings on file and furnish one (1) copy to the Customer. If
the Customer requests additional copies, CNP will arrange to supply copies or reproducible mylars at
the Customer's expense.
If the actual installation differs from the proposed routing on the drawings, then the Customer shall
provide CNP with one(1)set of bluelines,marked in red pencil,to indicate AS BUILT corrections.
REVISION NO. SPECIFICATION NO. SHEET 3 OF 10 SHEETS
Job#67833492
FACILITIES INSTALLED BY THE CUSTOMER
All facilities are to be installed per the attached construction specifications. The Customer or its
contractor is to request a preconstruction meeting prior to starting the required underground
construction by calling the number listed below.
All facilities shall be inspected by CNP after the conduit is installed, pads are formed, reinforcing
rods installed, etc. but prior to the pouring of concrete. CNP recommends that the Customer.
complete the pouring of concrete on the day the facilities are inspected and approved. The
Customer will insure that all inspected and approved facilities remain in the approved condition
until the concrete pour has been completed. If there is damage to the inspected and approved
facilities prior to the pouring of concrete, the facilities must be re-inspected by CNP before the
Customer begins the pouring of concrete. CNP reserves the right to require the Customer to break
out any unapproved concrete pours at its expense.
CNP will make a reasonable attempt to complete all inspection requests. To insure that inspection.
requests can be fulfilled, they should be made twenty-four (24) hours in advance (Mon. -Fri.;
between 9:00 a.m. and 3:00 p.m., holidays excluded) to the MUG at (713) 207-6229. Job
#67833492 must be provided as the inspection identification number.
DUCTBANK INSTALLATION
All proposed conduit for CNP's use is to be installed in straight runs,unless otherwise indicated on
CNP drawings. Any conduit bends must be installed with a twenty foot (20') minimum radius,
unless indicated otherwise on CNP drawings. Conduit turn-ups into any equipment pad and/or
pole pedestal must have a minimum five foot(5') radius. Any deviations from these requirements
shall have written approval from the MUG representative prior to installation.
During installation,the minimum depth for a conduit run must be referenced to the final grade.
The Customer is to delay installation of approximately the last twenty feet(20') of the conduit run
and the pole pedestal to any terminal pole until the pole has been set by CNP. Before trenching to
the base of any terminal pole, the Customer must securely brace the pole. The Customer must
request staking and setting of any terminal pole by contacting the Service Area Consultant.
The Customer must provide a jet line in each conduit installed. This jet line shall extend a
minimum of seven feet(7')beyond the end of each conduit.
For installations not utilizing a blanket easement document (see: Easement Instrument section,
page 5),the Customer shall also install a#14 American Wire Gage (AWG) or larger aluminum or
copper 600 volt insulated conductor in one of the conduits. The conductor must be electrically
continuous. For manhole installations, the electrically continuous conductor must also be looped
through each manhole lid and tied to a concrete insert in the neck of each manhole. This
conductor is to facilitate surveying of the duct bank by CNP. The duct bank cannot be surveyed
until this conductor is installed as prescribed. The Customer must take adequate measures to
assure the conductor will be in place until all necessary surveying is completed. After surveying
of the duct bank is completed, but prior to CNP installing any primary cable, the Customer may
retrieve its conductor at its option.
Conduit ends shall be plugged with a duct cap or other type capping device. The use of rags to
plug conduits is not acceptable. If the conduit is installed in stages, the Customer must keep each
section of conduit capped until the new section is installed. If,prior to CNP using any conduit,the
conduit is found to be blocked, the Customer will be responsible, at its expense, for removing the
obstruction.
REVISION NO. SPECIFICATION NO. SHEET 4 OF 10 SHEETS
Job#67833492.
CLEARANCES
Final approval for the location of the manholes and terminal pole is contingent upon proper
clearance, as determined by CNP, from cooling towers, vents, buildings, structures, etc.,and other
underground utilities. It is in the Customer's and CNP's best interest to have all service equipment
in a contamination-free environment to avoid unscheduled outages and/or premature equipment
failures. Therefore, prior to any construction, the Customer shall inform the MUG representative
of any existing or future contamination or pollutants.which may affect the equipment so that
necessary clearances can be secured.
The MUG representative shall be notified promptly if the Customer intends to install any
obstructions such as walls, hedges, bushes, trees, etc., around the transformer and/or any
associated equipment so that additional clearances and access can be secured. Any proposed
enclosure surrounding CNP's equipment must be louvered, and both a profile and a cross-sectional
view of the proposed louvered enclosure shall be submitted for approval prior to installation.
If, in the future, there is a problem with contamination of CNP's equipment, or proper clearances
are not maintained, CNP reserves the right to relocate the equipment at the Customer's expense.
A one foot (1') minimum vertical clearance must be maintained between CNP duct banks and all.
non-CNP facilities crossing the duct bank.
A five foot (5') minimum horizontal clearance must be maintained between CNP duct banks and
other facilities running parallel to the duct bank. CNP will not allow joint trenching between CNP
duct banks and other facilities.
FINAL INSPECTION
After the Customer has advised CNP that all "Customer installed" facilities pertaining to this
service arrangement have been completed and inspected, a final on-site inspection will be made by
a MUG representative. This final inspection will verify that all Customer installed facilities are in
accordance with these Terms and Conditions. The Customer (or its contractor) and the Service
Area Consultant will be advised of any needed corrections and/or changes. When all necessary
corrections and/or changes have been completed, CNP's portion of the construction may begin.
EASEMENT INSTRUMENT
CNP will prepare an instrument for easements to be granted by the property owner after all
installations for CNP's use have been completed according to these Terms and Conditions. The
service cannot be energized until CNP has accepted the signed instrument for all easements.
The Customer also has the option of signing a blanket easement document. Use of the blanket
easement allows the service to be energized before the final signed instrument for all easements
has been completed. The Customer may request use of the blanket easement document by
contacting the MUG representative.
CNP will need access to and from the proposed easements. CNP will use these easements, as
shown on the attached sketches, for the purposes of erecting, installing, operating, maintaining,
replacing, inspecting and removing electrical distribution facilities. The Customer shall keep these
easements free and clear of any obstructions (trees, shrubs, other structures, etc.) that may
endanger or interfere with the efficiency, safety, and proper operation of the proposed facilities for
the life of the service.
REVISION NO. SPECIFICATION NO. SHEET 5 OF 10 SHEETS
Job#67833492 - .
INDEMNIFICATION AND LIABILITY LIMITS
Indemnity: This indemnity is pursuant to Company's Tariff located on our website at
www.centerpointenergy.com.
RETAIL CUSTOMER ASSUMES THE RISK OF AND SHALL INDEMNIFY COMPANY
AGAINST DAMAGES FOR INJURIES OR DEATH TO PERSONS OR LOSS TO RETAIL
CUSTOMER'S PROPERTY, OR TO THE PROPERTY OF COMPANY, WHEN OCCASIONED.
BY ACTIVITIES OF RETAIL CUSTOMER OR THIRD PARTIES ON CUSTOMER'S
PREMISES, RESULTING FROM THE INSTALLATION, EXISTENCE, REPLACEMENT, OR
REPAIR OF COMPANY'S UNDERGROUND FACILITIES, AND AS FURTHER PROVIDED
IN THE TERMS OF "LIMITS ON LIABILITY," SECTIONS 4.2 AND 5.2 OF THIS
TARIFF. NOTWITHSTANDING ANY OF THE ABOVE, THE PROVISIONS REQUIRING A
RETAIL CUSTOMER TO INDEMNIFY, FULLY PROTECT, OR SAVE COMPANY
HARMLESS APPLY TO A GOVERNMENTAL ENTITY AS THIS TERM IS DEFINED IN
CHAPTER 2251 OF THE TEXAS GOVERNMENT CODE, TO THE EXTENT OTHERWISE
CONSISTENT WITH LAW; PROVIDED, HOWEVER, THAT ANY GOVERNMENTAL
ENTITY THAT IS A RETAIL CUSTOMER TO WHICH THIS SUBSECTION 2.5 APPLIES
MUST TAKE NECESSARY STEPS TO ENSURE THAT THE INDEMNIFICATION
REQUIREMENTS OF THIS SUBSECTION 2.5 DO NOT CREATE A "DEBT" IN VIOLATION
OF ARTICLE XI, SECTION 7 OF THE TEXAS CONSTITUTION. SUCH STEPS MAY
INCLUDE, BUT ARE NOT NECESSARILY LIMITED TO, A THIRD-PARTY
INDEMNIFICATION IN WHICH THE CONTRACTOR PERFORMING THE WORK FOR
THE GOVERNMENTAL ENTITY INDEMNIFIES THE COMPANY OR THE
ESTABLISHMENT OF A SINKING FUND. (see Governmental Entity Addendum if applicable.)
REVISION NO. SPECIFICATION NO. SHEET 6 OF 10 SHEETS
SHEET 8 OF 10
FINAL GRADE (ROAD, PARKING AREA, ETC. ) JOB #67833492
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DRIVE #3 REBAR FOR
SPACER ANCHOR /
(SEE NOTE 7 )
SPACER (SEE NOTE 2 ) 1
#3 BARS 3' —0" LONG ii ; 11 ` 1,�
(SEE NOTE 5 ) > Ai
2 BRICKS \ 111 A
(BOTTOM OF \/ ,i
TRENCH )
CUSTOMER AND/OR THEIR
CONTRACTOR IS TO REQUEST A PRECONSTRUCTION
MEETING PRIOR TO STARTING CONSTRUCTION
BY CALLING (713 ) 207-6229
NOTES:
1 . CONDUIT TO BE PVC, MINIMUM GRADE TYPE EB.
2. SPACERS SHOULD BE INSTALLED NOT MORE THAN 10' -0" APART.
3. CONDUITS TERMINATING AT MANHOLES SHOULD BE SLOPED 0.5%
DOWN TOWARD MANHOLE.
4. ALL EXTERIOR CONCRETE COVER DIMENSIONS ARE MINIMUM.
5. CONCRETE SHALL BE IN ACCORDANCE WITH CNP SPECIFICATION
007-221-01 , LATEST REVISION.
6. PLACE REINFORCING BARS IN 4 CORNERS OF THE CONCRETE
WHERE SPACERS ARE USED.
7. ON COLD JOINT CONCRETE POUR USE #5 REBAR ( 3' -0" IN LENGTH.
EXPOSED 1 ' -6" ).
8. LENGTH OF REBAR FOR SPACER ANCHOR WILL VARY PER DUCT
BANK HEIGHT.
9. CONDUITS ENDS SHALL BE PLUGGED WITH A DUCT CAP OR OTHER
TYPE OF CAPPING DEVICE.
10. A ONE FOOT VERTICAL CLEARANCE MUST BE MAINTAINED BETWEEN
CNP'S DUCTBANK AND ALL NON—CNP FACILITIES CROSSING
THE DUCTBANK.
11 . A FIVE FOOT HORIZONTAL CLEARANCE MUST BE MAINTAINED
BETWEEN CNP'S DUCTBANK AND ALL NON—CNP FACILITIES RUNNING
PARALLEL TO THE DUCTBANK (JOINT TRENCHING NOT PERMITTED ). THREE PHASE DUCTBANK
12. INSTALL JET LINE IN ALL CONDUITS AND A #14 AWG WIRE IN FEEDER
ONE CONDUIT.
BASED ON DISTRIBUTION STANDARD DLFS2C
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SHEET 9 OF 10
JOB #67833492
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LINE DIRECTION// 4-4" PVC CONDUITS
AND CONCRETE PEDESTAL
INSTALLED BY OTHERS
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TERMINAL POLE TO BE
NOTES: INSTALLED BY CNP
1. CONDUIT BENDS AT TERMINAL POLE SHALL BE PVC.
2. BRACE THE POLE SECURELY BEFORE TRENCHING.
3. INSTALL CONDUIT BENDS TO BASE OF POLE. ADD
PORTIONS OF STRAIGHT CONDUIT AS NECESSARY TO
OBTAIN THE PROPER HEIGHT ABOVE FINAL GRADE.
4. ATTACH COUPLING TO END OF CONDUIT.
S. INSERT, BUT DO NOT GLUE, A SHORT PIECE OF SCRAP PVC
CONDUIT INTO THE TOP COUPLING. TIE CONDUIT TO BRACKET.
6. FORM AREA AROUND PEDESTAL TO THE TOP OF THE COUPLING.
FORM PEDESTAL SO THAT NO CONCRETE WILL CONTACT POLE.
7. AFTER INSPECTION BY CNP, POUR CONCRETE TO TERMINAL POLE
TOP OF COUPLINGS.
8. ALL CONDUITS SHALL HAVE A MINIMUM 4" CONCRETE COVER. #1
TERMINAL POLE CONDUIT
PLACEMENT 12KV & 35 KV
BASED ON DISTRIBUTION STANDARD 65-500
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JOB #67833492
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AND CONCRETE PEDESTAL
INSTALLED BY OTHERS LINE DIRECTION
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TERMINAL POLE TO BE
NOTES: INSTALLED BY CNP
1. CONDUIT BENDS AT TERMINAL POLE SHALL BE PVC.
2, BRACE THE POLE SECURELY BEFORE TRENCHING.
3. INSTALL CONDUIT BENDS TO BASE OF POLE, ADD
PORTIONS OF STRAIGHT CONDUIT AS NECESSARY TO
OBTAIN THE PROPER HEIGHT ABOVE FINAL GRADE.
4. ATTACH COUPLING TO END OF CONDUIT.
S. INSERT, BUT DO NOT GLUE, A SHORT PIECE OF SCRAP PVC
CONDUIT INTO THE TOP COUPLING. TIE CONDUIT TO BRACKET.
6. FORM AREA AROUND PEDESTAL TO THE TOP OF THE COUPLING.
FORM PEDESTAL SO THAT NO CONCRETE WILL CONTACT POLE.
7, AFTER INSPECTION BY CNP, POUR CONCRETE TO TERMINAL POLE
TOP OF COUPLINGS.
8. ALL CONDUITS SHALL HAVE A MINIMUM 4" CONCRETE COVER. #2
TERMINAL POLE CONDUIT
PLACEMENT 12KV & 35 KV
BASED ON DISTRIBUTION STANDARD 65-500
ADDENDUM TO "TERMS AND CONDITIONS TO UNDERGROUND ELECTRIC
SERVICE"
This Addendum is dated as of the Effective Date (as defined below) and is between
CENTERPOINT HOUSTON ELECTRIC, LLC (the "Company") and CITY OF PEARLAND
("Customer"). The Company and Customer are referred to in this Addendum individually as a
"Party" and collectively as the"Parties."
Customer is the owner and operator of 3207 Yost Boulevard ("Property"). ("Facilities")
shall mean any facilities, equipment, cable, or other material referred to in the Agreement
installed and owned by the customer or his contractor at Yost Boulevard.
Contemporaneously with the execution of this Addendum, Customer and the Company
are entering into THE TERMS AND CONDITIONS TO UNDERGROUND ELECTRIC
SERVICE (the "Agreement") under which underground electric service will be provided to the
Facility. "Effective Date" means the date that the Agreement is signed, as indicated by the date
next to the customer signature on the cover sheet of the Agreement.
Because of certain laws and regulations applicable to Customer, the Parties desire to set
forth their understanding regarding those laws and regulations and the related allocation of
certain risks and liabilities between them.
The Parties therefore agree as follows:
1. Applicability. This Addendum is being executed in connection with and will be
deemed to be a part of the Agreement. No provision of the Agreement stating that the
Agreement contains the entire understanding of the Parties with respect to its subject matter or
other provision in the Agreement of the type typically referred to as a"merger clause"will apply
to this Addendum. To the extent that the terms and provisions of this Addendum conflict with
the terms and provisions of the Agreement,the terms and provisions of this Addendum control.
Notwithstanding the execution of this Addendum,the Agreement remains in full force and
effect, except as otherwise provided in this Addendum.
2. Customer as Governmental Entity.
(a) Customer represents and warrants that it is a governmental entity, and that
as a governmental entity it is subject to constitutional and statutory limitations on its ability to be
bound by certain terms and conditions of the Agreement, which may include terms and
conditions relating to: liens on government property; disclaimers and limitations of warranties;
disclaimers and limitations of liability for damages; waivers, disclaimers, and limitations on legal
rights, remedies, requirements, commitment of future funding, and processes; limitations of time
in which to bring legal action; control of litigation or dispute resolution; indemnities; and
confidentiality of information, and to the extent that any provisions of the Agreement, including
this Addendum, would violate any such restrictions, the Customer will not be bound by such
provisions. Any terms or provisions of this Addendum that are less restrictive than those in the
Agreement with respect to Customer's obligations will be null and void and will have no force or
effect if the representation and warranty that Customer is a governmental entity is not true or to
the extent that the more restrictive term in the Agreement would be enforceable against
Customer under Applicable Laws (as defined below).
(b) Terms and conditions in the Agreement relating to limitations of the type
described in Section 2(a) will only be binding on Customer to the extent they are valid and
enforceable under all applicable laws, including all state and federal laws, rules and regulations,
the constitutions of the United States and the State of Texas and the laws of the United States and
the State of Texas ("Applicable Laws").
3. Maintenance. Except to the extent expressly set forth in a written agreement
between the Parties, the Company will not be required to maintain equipment, cable, or other
material that is owned by Customer. Customer acknowledges that it is Customer's sole
responsibility to follow the proper administrative or internal procedures to cause its Facilities and
any related equipment to be properly maintained. Customer also acknowledges that Company
reserves the right, in accordance with Company Tariff,to discontinue service if Customer has
failed, or the Company has determined, in its sole discretion,that Customer has failed,to
maintain the Property and facilities or any related equipment, cable or other material in a manner
that causes or could cause a safety hazard to person or property.
4. Installation. Customer understands that all facilities, equipment, cable and other
material referred to in the Agreement must comply with all specifications set forth in said
Agreement and the Permanent Easement and/or Right to Pull before the Company installs any
equipment or provides electrical service. During the installation of any equipment to be installed
by the Company under the Agreement,the Company will use every effort to preserve
Customer's landscaping,parking areas, or other facilities. However, any cost that has been
quoted to Customer does not include any special replacements or repairs to these items. The
Company shall not be responsible for any expenses associated with replacements or repairs to
Customer's property, and Customer hereby waives any claims for such expenses that it has or
may have against the Company.
5. INDEMNIFICATION. This indemnity is pursuant to Company's Tariff located
on our website at www.centerpointenergy.com.
CUSTOMER ASSUMES THE RISK OF AND SHALL INDEMNIFY COMPANY AGAINST
DAMAGES FOR INJURIES OR DEATH TO PERSONS OR LOSS TO CUSTOMER'S
PROPERTY, OR TO THE PROPERTY OF COMPANY, WHEN OCCASIONED BY
ACTIVITIES OF CUSTOMER OR THIRD PARTIES ON CUSTOMER'S PREMISES,
RESULTING FROM THE INSTALLATION, EXISTENCE, REPLACEMENT, OR REPAIR
OF COMPANY'S UNDERGROUND FACILITIES, AND AS FURTHER PROVIDED IN THE
TERMS OF "LIMITS ON LIABILITY," SECTION 5.2 OF COMPANY'S
TARIFF. NOTWITHSTANDING ANY OF THE ABOVE, THE PROVISIONS REQUIRING
A CUSTOMER TO INDEMNIFY, FULLY PROTECT, OR SAVE COMPANY HARMLESS
APPLY TO A GOVERNMENTAL ENTITY AS THIS TERM IS DEFINED IN CHAPTER
2251 OF THE TEXAS GOVERNMENT CODE, TO THE EXTENT OTHERWISE
CONSISTENT WITH LAW; PROVIDED, HOWEVER, THAT ANY GOVERNMENTAL
ENTITY THAT IS RECEIVING SERVICES UNDER THE AGREEMENT MUST TAKE
NECESSARY STEPS TO ENSURE THAT THE INDEMNIFICATION REQUIREMENTS OF
THIS SECTION DO NOT CREATE A "DEBT" IN VIOLATION OF ARTICLE XI, SECTION
7 OF THE TEXAS CONSTITUTION. SUCH STEPS MAY INCLUDE, BUT ARE NOT
NECESSARILY LIMITED TO, A THIRD-PARTY INDEMNIFICATION IN WHICH THE
CONTRACTOR PERFORMING THE WORK FOR THE GOVERNMENTAL ENTITY
INDEMNIFIES THE COMPANY OR THE ESTABLISHMENT OF A SINKING FUND. SEE
BROWN V. JEFFERSON COUNTY, 406 S.W.2D 185 (TEX 1966).
6. Further Assurances. If at any time after the date of this Addendum any further
action is necessary or appropriate to carry out the purposes of this Addendum, Customer shall
use all commercially reasonable efforts to take, or cause to be taken, that action.
7. Assignment. Customer shall not assign any part of its rights or delegate any
performance under this Addendum,voluntarily or involuntarily,whether by merger,
consolidation, dissolution, operation of law, or any other manner, without the Company's prior
written consent. Any purported assignment of rights or delegation of performance in violation of
this Section 6 is void and of no effect.
8. Modification; Waiver. No amendment of this Addendum will be effective unless
it is in writing and signed by the Parties. No waiver of satisfaction of a condition or
nonperformance of an obligation under this Addendum will be effective unless it is in writing
and signed by the Party granting the waiver, and no such waiver will constitute a waiver of
satisfaction of any other condition or nonperformance of any other obligation. To be valid, any
document signed by a Party in accordance with this Section 7 must be signed by an officer or
other representative of that Party authorized to do so.
In addition, nothing in this Addendum or the Agreement shall be construed as a waiver or
relinquishment by the Company of any right that it has or may have hereafter to
discontinue service for or on account of default in the performance of Customer's
obligations under this Addendum or the Agreement, including payment of any bill owing
or to become owing thereafter, or for any other reason or cause stated in the Company's
Tariff.
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The Parties are signing this Addendum as of the Effective Date.
COMPANY:
CENTERPOINT ENERGY HOUSTON
ELECTRIC, LLC
By:
Name: oland E. Oeike, Jr. P.E.
Title: Engineering Manager
CUSTOMER:
CITY OF PEARLAND
By signing this Addendum, the person purporting to
sign this Addendum on behalf of Customer is
representing and warranting to the Company that
the person has the legal authority to bind Customer
and has been duly authorized by Customer to sign
and deliver this Addendum to the Company.
By: Ak.
Name. =on R. Branson
Title: Interim City Manager
Last edited July 13, 2011