R-08-04-24-10A1 - 4/24/2008 RESOLUTION NO. R-08-04-24-10A1
WHEREAS, the City of Round Rock ( "City" ) is planning a roadway
improvement project for the widening of Kiphen Road ( "Project") , and
WHEREAS, Oncor Electric Delivery ("Oncor" ) has electrical
lines which must be relocated in order to proceed with the Project,
and
WHEREAS, the City and Oncor wish to enter into a Discretionary
Service Agreement for the relocation of said electrical lines, Now
Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,
TEXAS,
That the Mayor is hereby authorized and directed to execute on
behalf of the City a Discretionary Service Agreement with Oncor
Electric Delivery, a copy of same being attached hereto as Exhibit
"A" and incorporated herein for all purposes .
The City Council hereby finds and declares that written notice
of the date, hour, place and subject of the meeting at which this
Resolution was adopted was posted and that such meeting was open to
the public as required by law at all times during which this
Resolution and the subject matter hereof were discussed, considered
and formally acted upon, all as required by the Open Meetings Act,
Chapter 551, Texas Government Code, as amended.
RESOLVED this 24th day of April, 20
N WEL Mayor
City of Round Rock, Texas
ATTEST:
&UL
SARA L. WHITE, •City Secretary
O:\WDOXaESOLUT1\R80424A 1.DOCirmc
Tariff for Retail Delivery Service
Oncor Electric Delivery Company LLC, a Delaware limited liability company
6.3 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 3 day of December, 2007, by Oncor
Electric Delivery Company LLC, a Delaware limited liability company ("Company"), and City of
Round Rock ("Customer"), a municipal corporation, 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 relocate, and Customer agrees to pay for, the following
discretionary services in accordance with this Agreement as specified. Company agrees to relocate 13 poles, conductor and ancillaries
for road widening improvements on Kiphen Rd; Phase 1 as indicated on a set of plans from Chiang, Patel& Yerby, Inc. Company has
private easements covering 11 of the 13 poles within this road widening improvement,which results in a reimbursement ratio of 85%of
the total cost to relocate electric facilities
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 upon company receipt of this signed document. Upon
receipt, relocation of facilities will be placed into a construction schedule and is anticipated to take 4-6 weeks for construction of
relocation. This timeline does not include the removal of old poles due to foreign contacts on existing poles and continues in effect until
all relocation of company facilities are completed.Termination of this Agreement does not relieve Company or Customer of any obligation
accrued or accruing prior to termination. This agreement supersedes other submitted agreements pertaining to this road improvement
project.
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 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:
ONCOR Electric Delivery
Les Davis,Project Manager
3620 Franklin Ave.
Waco,Texas 7710-7328
EXHIBIT
All
Tariff for Retail Delivery Service
Oncor Electric Delivery Company LLC, a Delaware limited liability company
6.3 Agreements and Forms
Applicable: Entire Certified Service Area Page 2 of 3
Effective Date:January 1,2002 Revision:Original
(b) If to Customer:
City of Round Rock
2008 Enterprise
Round Rock,Texas 76710
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.Price quoted will expire on June 1, 2008.
$59,715.00
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.
11. 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.
facilities. 15. Other Terms and Conditions-Invoicing customer will take place after the relocation of electric
IN WITNESS WHEREOF, the Parties have caused this Agreement to be sign by their respective duly
authorized representatives.
By COMPANY By CUSTOMER
1
TITLE:Project Manage r TITLE:
DATE: 7'O - -;2 co '
DATE:
ID1
<CJB
OLD SET11 ERS BLVD (1tIPM1en 4) `J —
� Old Settlers Blvd (Kiphen Road ) Phase II
e MKT ROW to Red Bud Lane (CR 122) " '"
DATE: April 17, 2008
SUBJECT: City Council Meeting—April 24, 2008
ITEM: 10A1. Consider a resolution authorizing the Mayor to execute a Discretionary
Service Agreement for electric utility relocation with Oncor Electric
Delivery along the Old Settlers Boulevard (Kiphen Road), Phase II Project.
Department: Transportation Services
Staff Person: Thomas G. Martin, P. E., Director of Transportation Services
Justification:
Due to Right of Way Acquisition (ROW) delays, the original contract with ONCOR has expired for
the relocation of electric services and poles in the vicinity of Chasco Contracting Inc. (from 0.18
miles east of the old MKT Railroad ROW to Red Bud Lane (CR 122)). A new Discretionary
Service Agreement is needed in order to proceed with construction of the Old Settlers
Boulevard, Phase II project.
Funding:
Cost: $59,715.00
Source of funds: 4B— Round Rock Transportation System Development Corporation
Outside Resources: Oncor Electric Delivery
Background Information:
The Old Settlers Boulevard, Phase II project was awarded to RGM Constructors, L.P. by Council
on November 22, 2005. The project, in accordance with the City's Transportation Master Plan
reconstructs a two-lane roadway to a four-lane divided Arterial. To accommodate street
widening improvements, ONCOR electric services and poles are needed to be relocated to
continue with construction of Old Settlers Boulevard, Phase II.
Public Comment: N/A
EXECUTED
DOCUMENT
FOLLOWS
Tariff for Retail Delivery Service
Oncor Electric Delivery Company LLC, a Delaware limited liability company
6.3 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 3 day of December, 2007, by Oncor
Electric Delivery Company LLC, a Delaware limited liability company ("Company"), and City of
Round Rock ("Customer"), a municipal corporation, 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 relocate, and Customer agrees to pay for, the following
discretionary services in accordance with this Agreement as specified. Company agrees to relocate 13 poles, conductor and ancillaries
for road widening improvements on Kiphen Rd; Phase 1 as indicated on a set of plans from Chiang, Patel &Yerby, Inc. Company has
private easements covering 11 of the 13 poles within this road widening improvement, which results in a reimbursement ratio of 85%of
the total cost to relocate electric facilities
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 upon company receipt of this signed document. Upon
receipt, relocation of facilities will be placed into a construction schedule and is anticipated to take 4-6 weeks for construction of
relocation.This timeline does not include the removal of old poles due to foreign contacts on existing poles and continues in effect until
all relocation of company facilities are completed.Termination of this Agreement does not relieve Company or Customer of any obligation
accrued or accruing prior to termination. This agreement supersedes other submitted agreements pertaining to this road improvement
project.
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 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:
ONCOR Electric Delivery
Les Davis,Project Manager
3620 Franklin Ave.
Waco,Texas 7710-7328
I��OeI--PE-- V-�lvgd
Tariff for Retail Delivery Service
Oncor Electric Delivery Company LLC, a Delaware limited liability company
6.3 Agreements and Forms
Applicable: Entire Certified Service Area Page 2 of 3
Effective Date:January 1,2002 Revision:Oriqinal
(b) If to Customer:
City of Round Rock
2008 Enterprise
Round Rock,Texas 76710
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. Price quoted will expire on June 1, 2008.
$59,715.00
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.
11. 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 '411.0
which is deemed an original but all constitute one and the same instrument.
facilities. 15. Other Terms and Conditions—Invoicing customer will take place after the relocation of electric
IN WITNESS WHEREOF, the Parties have caused this Agreement to be sign by their respective duly
authorized representatives.
By COMJ'AI Y t By CUSTO
TITLE:Proiect Manage r TITLE:
DATE: �!J ':N /'
DATE: i v