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CM-2017-1421 - 6/23/2017Oncor Electric Delivery Company LLC, a Delaware limited liability company Jacks, Justin:tt8947 5122445616 iuslin.JaCks * oncor.Cgm City of Round Rock Randy Crum 212 Commerce Blvd Round Rock, Texas 78664 Statement of Charges Date: 6/20/2017 WR +f: 3349255 Transaction ID: 4764 Services provided at: Meridian World 5choo Round Rock Williamson " Price quoted is valid for sixty (60) days from the date of this document. " Remit payment per instructions below. Project will be scheduled upon Project Manager's receipt of Executed Agreement(s). " Payment is expected within 30 days from completion date of project. " Please contact your Project Manager If you have any questions. Please include the WR li when submitting Please make all check(s) payable to your check for efficient tracking of this Oncor Electric Delivery payment and project. Remit to: Lynne Gadd 317 N 2nd St Killeen TX 76541 Deborah.Gadd2(Poncor.com Please include the WR ry and Transaufon iA ias listed above) on all correspondence including your Check or EFT. Failure to do so will cause unnecessary delays with your project. i �•{{{{•••{••••••••{{{{...•a•••{••••••{a{••a••••••{{•{•{\at•It{•{a{•{{{{{t•t•aaa•••aa••I{•••a••••{••••R••�+td� ONC R Cost of relocating pri riser pole, prilneut, stltr pole and urg sec for strltr. 5151026.02 15.026 02 Total Amount Due Upon Receipt $15,026.02 " Price quoted is valid for sixty (60) days from the date of this document. " Remit payment per instructions below. Project will be scheduled upon Project Manager's receipt of Executed Agreement(s). " Payment is expected within 30 days from completion date of project. " Please contact your Project Manager If you have any questions. Please include the WR li when submitting Please make all check(s) payable to your check for efficient tracking of this Oncor Electric Delivery payment and project. Remit to: Lynne Gadd 317 N 2nd St Killeen TX 76541 Deborah.Gadd2(Poncor.com Please include the WR ry and Transaufon iA ias listed above) on all correspondence including your Check or EFT. Failure to do so will cause unnecessary delays with your project. i �•{{{{•••{••••••••{{{{...•a•••{••••••{a{••a••••••{{•{•{\at•It{•{a{•{{{{{t•t•aaa•••aa••I{•••a••••{••••R••�+td� ONC R Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.3 Agreements and Forms Applicable Entire Certified Service Area Effective Date September 21 2009 Page 1 of 2 6.3.5 Discretionary Service Agreement WR # 3349255 Transaction ID 4764 This Discretionary Service Agreement ('Agreemenl'j is made and entered into this 20 day of June 2017 by Oncer Electric Delivery Company LLC ('Oncor Eleclrc Delivery Company' or Company') a Delaware limited liability company and distribution utility and City of Round Rock (Customer"), a Government Entity each hereinafter sometimes referred to individually as `Party' or both referred to ,ollectively as the 'Parties". In consideration of the mutual covenants set forth herein, the Parties agree as follows - 1 . ollows-1. Discretionary Services to be Provided - Company agrees to provide, and Customer agrees to pay for, the following discretionary services in accordance with this Agreement. It has been requested and agreed upon that the City of RRK Is responsible for costs of 515.026 02 after the completion of the work for the redocalion of a utility pole and riser serving Meridian Word School in RRK The work will also include Omar prilneutrat being moved over to new pole location Oncor will de -energize street ight circuit and remove slit head The contractors will be responsible for relocating the streetlight pole an new foundation and Cncor will pull new win: in customer provided trench and conduit and make final connections, 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 (_ncluding the Service Regulations contained therein), as It may from time to lime be fixed and approved by the PUCT ('Company's Retail Det=.very Tanff'j. During the term of this Agreement, Company is entitled to discontinue service Interrupt service or refuse service iniliation requests under this Agreement in accordance with applicable PUCT Substantive Rules and Company s Retail Delivery Tariff Company's Retail Delivery Tanff 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 therelo in Company's Retail Delivery Tariff 3 Discretionary Service Charges -- Charges for any discrellonary 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 acceptance by Customer and continues In effect until completion of work Termination of this Agreement does not relieve Company or Customer of any obligation accrued or accruing prior to termination S. 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 re sponsib!e for making the arrangements necessary for it 1 o 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 Stale 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, slate, and local laws, ordinances, and rules and regulations of duly constiluted 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 arc applicable to this Agreement upon their effective date and do not require an amendment of this Agreement. a. Entirety of Agreement and Prior Agreements Suporsoded -- This Agreement, including su attached Exhibits, which are expressly ma de a pan 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 nla , and all such agreements and undertakings are agreed by the Parties to no longer be of any force or effe cl. It is expressly acknowledged Iha I the Parties may have other a greemenis 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 Slates certified mail, return receipt requested, postage prepaid, to (a) If to Company: On= Electric Delivery Justin Jack 350 Texas Ave. Rouad Rode. Tx Ct-COOPR Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.3 Agreements and Forms Applicable Entire Certified Service Area Effective Dale September 21, 2409 Page 2 of 2 (b) If to Customer- City ustomerCity of Round Rack Randy_Crvm The above -listed names tiller, 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 City of Round Rock Randy Crum If Company transmits electronic Invoices to Cuslomer. Cuslomer mu st 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 dale 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, righis, 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 allarded no significance In the interpretation or construction of this Agreement 14 Multiple C ountarparts - This Agreement may be executed in two or m ore counterparts each of whim is deemed an original but all constitute one and the same Instrument. 15 Other Terms and Conditions - (i) Customer has disclosed to Company all underground facilities owned by Customer or any other party that is not a public utility or governmental entity, that are located within real property owned by Cuslomer In the event that Customer has failed to do so. or in the event of the existence of such facilities of which Customer has no knowledge, Company, its agents and contractors. shall have no liability, of any nature whatsoever to Customer. or Customer's agents or assignees, for any actual or consequential damages resulting from damage to such undisclosed or unknown facilities (1) City or Round Rock agrees that payment shall be made within 30 days of the date the project is completed or the date the invoice is received, whichever is later. (iii) The discretionary Service Charges provided In this agreement are for Oncor Electric Delivery faciLlies only and do not include any charges related to the relocation of any facilities owned by a franchised utility, governmental entity or licensed service provider (Joint User) The customer must contact ail Joint Users and make arrangements to have their facil ties transferred or relocated Oncor Electric Delivery cannot complete the relocationtremoval of facilities outlined in this agreement until Joint User(s) remove their facilities attached to Oncor Electric Delivery Poles (Iv) Oncor electric will not be responsible for sidewalk concrete repairs. The city will provide Oncor Electric adequate spacial requirements Including ROW andlor a new PUE for the relocation of the facilities that are covered under this request. IN WITNESS WHEREOF, the Parties have caused this Agreement to be signed by their respective duly authorized representatives Oncor Electric Delivery Company LLC Justin Jacks Signature Printed Name nae -- 'Wife ONCPR City of Round Rock ROUND ROCK Agenda Item Summary Agenda Number: Title: Consider executing a Discretionary Service Agreement with Oncor Electric Delivery Company LLC to relocate overhead facilities regarding the Meridian School Right Turn Lane Project. Type: City Manager Item Governing Body: City Manager Approval Agenda Date: 6/23/2017 Dept Director: Gary D Hudder, Transportation Director Cost: $15,259.32 Indexes: RR Transportation and Economic Development Corporation (Type B) Attachments: DSA Meridian School Department: Transportation Department Text of Legislative File CM -2017-1421 Consider executing a Discretionary Service Agreement with Oncor Electric Delivery Company LLC to relocate overhead facilities regarding the Meridian School Right Turn Lane Project. The Meridian School Right Turn Lane project will provide a southbound right turn lane into the Meridian School site adjacent to North Mays Street to improve safety and mobility as recommended in the Meridian School Traffic Impact Letter Report. As part of these improvements a Discretionary Service Agreement with Oncor Delivery Company LLC for the removal and re -installation of 2 arterial luminary poles as well as a relocation of one power pole. The cost of the relocation effort is $ 15,259.32. Cost. $15,259.32 Source of Funds: RR Transportation and Economic Development Corporation City of Round Rock Pape 1 Printed an &70!2017