CM-2017-1592 - 12/29/2017Tariff 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
6.3.4 Discretionary Service Agreement WR# 3385756
Transaction ID:
This Discretionary Service Agreement ('Agreement) is made and entered into this 28 day of November 2017 by Oncor
Electric Delivery Company LLC ('Oncor Electric Delivery Company' or Company`), a Delaware limited liability company and distribution utility,
and City of Round Rock ('Customer'), a Texas municipal
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 provide and Customer agrees to pay for, the following
discretionary services in accordance with this Agreement.
Relocation of 3 poles for clearance for the installation of the City's streetlights at the corner of A. W. Grimes and Roundville Lane. The City of
Round Rock agrees to reimburse Oncor $18,317 00 for the relocation of these 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 Reta-.l Delivery Tariff). During the term of this Agreement. Company rs 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 Ta rift. 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 R etail
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 conceming
discretionary service charges.
4. Term and Termination --This Agreement becomes effective upon acceptance by Customer and continues In effect until
Completion of projects and final payment made Termination of this Agreement does not relieve Company or Customer of any
obligation accrued or accruing prior to termination.
5. No Other Obligations — This Agreement does not oblgate 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 t 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 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 appl.,cable 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.
e. Entirety of Agreement and Prior Agreements Superseded — This Agreement, including all attached Exhibits, which are
expressly ma de a part hereof for all purposes constitutes the entire agreement and understanding between the Parties with regard to the
services) 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 NIA _ _ 'and all such agreements and undertakings
are agreed by the Parties to no longer beat 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
• ._. SII n��� - a • .
7 � r• 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 2 of 2
(b) If to Customer
Citv of Round Rock
Chris Lopez
2408 Enterprise Drive _
Round Rock, TX 78664
The above4isted 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.
City of Round Rock
Chris Lopez
2008 Ente rise Drive
Round oe , UX 165"
It Company transmits electronic invoices to Customer, Customer 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 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, muicipal, or oter lawful taxes (other than federal income taxes) applicable by
reason of any service performed by Company, or any compensation pa:d to Company, hereunder must be paid by Customer.
13. beadings -- 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.
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 g ovemmental entity, that are located within real property owned by Customer. 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.
(ii) City of 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 facilities 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 all Joint Users and make arrangements to have their facilities transferred or relocated. Oncor Electric
Delivery cannot complete the relocationlremoval of facilities outlined In this agreement until Joint User(s) remove their facilities attached to Oncor
Electric Delivery Poles.
(iv)
IN WITNESS WHEREOF, the Parties have caused this Agreement to be signed by their respective duly authorized representatives.
Oncor Electric Delivery Company LLC
Richard Howard �-= --
signature
Richard Howard
Printed Name
Ma or Designer
Title
11/29/2017
Date
Cibr of Round Rock
sto er 1 Entity
signature
ZA
Printed Name
Title /
Date
City of Round Rock
r
' ROUND Ronc
TEW. Agenda Item Summary
Agenda Number:
Title: Consider executing a Discretionary Service Agreement with Oncor Electric
Delivery Company LLC to relocate three poles for the installation of
streetlights regarding the Roundville Lane Project.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 12/29/2017
Dept Director: Gary D. Hudder, Transportation Director
Cost: $18,317.00
Indexes: RR Transportation and Economic Development Corporation (Type B)
Attachments: ONCOR DSA-Roundville Lane.pdf
Department: Transportation Department
Text of Legislative File CM -2017-1592
Consider executing a Discretionary Service Agreement with Oncor Electric Delivery
Company LLC to relocate three poles for the installation of streetlights regarding the
Roundville Lane Project.
The Transportation Department recommends entering into a Discretionary Service
Agreement(DSA) with Oncor Electric Delivery Company LLC(Oncor) in order to expedite
the relocation of three(3) utility poles. These utility poles will be in conflict with an upcoming
traffic signal that is scheduled to be constructed with the Roundville Lane Project. The City
of Round Rock agrees to reimburse Oncor $18,317.00 for the relocation of these facilities.
Cost. $18,317.00
Source of Funds: RR Transportation and Economic Development Corporation
Cftyo4RoundRock Pape 4 Printed on 12/26/2047