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CM-2018-1606 - 1/12/2018Oncor Electric Delivery Company LLC, a Delaware limited liability company Jacks„ Justin,n1545 517.2445616 luss<n.lack s @ a ncor.com City of Round Rock Attn Laurie Had:ey or Danny Halden 221 E Again St Round Rock, Tx 78664 Statement of Charges Date: 1/2/2018 WR #: 3340484 Transaction ID: 11719 Services provided at: 1107 Joyce Ln Round Rack Williamson a 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 Agreementls). Payment is expected within 34 days from completion date of project. Please contact your Project Manager if you have any questions. Please make all checkis► payable to Orlcor Electric Delivery Remit to: Ancor Electric Delivery Lynne Gadd 317 N. 2nd St. Killeen. Tx. 76541 Please Include the WR # and Transaction ID (as listed above) on all correspondence including your Check or EFT. Failure to do so will cause unnecessary delays with your project. GAI - 2 c1 & /C�oL cost to relocate oh line for city drainage channel Improvement 58,786.42 Total Amount Due Upon Receipt $8,786.42 a 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 Agreementls). Payment is expected within 34 days from completion date of project. Please contact your Project Manager if you have any questions. Please make all checkis► payable to Orlcor Electric Delivery Remit to: Ancor Electric Delivery Lynne Gadd 317 N. 2nd St. Killeen. Tx. 76541 Please Include the WR # and Transaction ID (as listed above) on all correspondence including your Check or EFT. Failure to do so will cause unnecessary delays with your project. GAI - 2 c1 & /C�oL 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: 3390484 Transaction ID 11719 This Discretionary Service Agreement (*Agreement-) :s made and entered Into this 02 day of Jan 2018 by Oncor Electric Delivery Company LLC (-Oncor Electric Delivery Company" or 'Company'), a De'aware lim;ted liability company and distribution uti ity and City Of Round Rock ('C ustomer ), a _ government entity each hereinafter sometimes referred to individually as -Party- or both referred to collectively as the -PartleV. 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 follow.ng d screlionary services In accordance with th s Agreement Work will commence upon rete ving easement from residenlia cislomer at 1107 Joyce Ln Oncor ED to relocate OH line and install Prro new pores and remove OH comer pole, v.:re and downguy. Total cost to., th's retocaton is S8_786 42. 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 app icable Public Utility Commission of Texas ('PUCT') Substantive Rules and Company's Tariff for Retail De3very Service (inc ud ng the Service Regulations contained therein), as it may from time to time be fixed and approved by the PUCT (-Company s Retail Delivery Tarli j Dunng 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 5ubstanl.ve Rules and Company's Retail Delivery Tariff Company's Retail Delivery Tariff is part of th s Agreement to the same extent as f fully set out herein. Unless otherwise expressly staled in this Agreement, the terms used herein have the meanings ascribed thereto n Company's Reta Delivery Tariff 3. Discretionary Service Charges -- Charges for any discret onary services covered by this Agreement are delermt�ed n 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 effect,ve upon acceptance by Customer and continues n effect unl upon comolelian of work Termination of th s Agreement does not releve Company o Custeme of any obligation accrued or accruing prior to termination. 5. No Other Obligations — This Agreement does not ob gate Company to prov. de or ent t e Customer to receive any sere ce not expressly provided for herein Customer is responsible for making the arrange rents necessary for it to rece've any further sery ces that t 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 n al respects be governed by, interpreted, construed, and enforced in accordance v4lh the laws thereof This Agreement is subject to a i va:d app cab e federal, slate, and local laws, ordinances, and rules and regulations of duly const tuted regulatory authorities having lur sdiction 7. Amendment --This Agreement maybe amended only upon mulua agreement of the Part es, which amendment %vi not be effective until reduced to writing and executed by the Parties But changes to app, cab a PUCT Substantive Ruses and Company s Reta Delivery Tariff are applicable to this Agreement upon their effective date and do not requ re an amendment of th s Agreement 8 Entirety of Agreement and Prior Agreements Superseded —This Agreement mcudrng all attached Exh bits wh ch are expressly ma de a pan hereof for all purposes, constitutes the entire agreement and understanding beNmen the Parties ,ith regard to the semee(s) expressly provided for In this Agreement. The Paries are not bound by or I abre for any statement representation promise inducement, understanding, or undertaking of any kind or nature (whether written or oral) vr;lh 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 : Ih rega d to the subject matter hereof, including .without limitation nla and a, such agreements and undertakings are agreed by the Parties to no longer be of any force or effect It is expressly acknoviedged that the Parties may have other agreements covering other services not expressly provided for herein, which agreements are unaffected by the Agreement 9 Notices -- Notices given under this Agreement are deemed to have been du y del vered if hand de, vered o sent by Un led states certified mail, return receipt requested, postage prepaid. to (a} if to Company 0p or l tic Detiv LLC Justin Jacks 330 Teras Ave Round R k Tx 78664 ONCOR Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.3 Agreements and Forms Applicable Entire Certified Service Area Effective Date September 21, Zoog Page 2 of 2 (b) If to Customer Ci' t}f Round Rock 221 E Main St. Mild A ocx Yx 71664 The above -listed names titles, and addresses of either Party may be changed by written nolifeat on to the other 10 Invoicing and Payment— Invoices for any discretionary semces covered by M s Agreement vill be mailed by Company to the following address (or such other address d recled in wrtfing by Customer) unless Customer is capable of receiving electronic invoicing from Company, in which case Company Is enticed to transm 1 electronic invoices to Customer City Of Round Rock 1i Rain St. ound Rock Tx78664 It Company transmits electronic invoices to Customer Customer must make payment to Company by electronic funds transfer. Electronic invoicing and payment by electronic funds transfer wi be conducted in accordance vinh Company's standard procedures Company must receive payment by the due date specified on the invoice. If payment is not rete ved by the Company by the due date shown on the invoice a late fee .-ill be catcu.ated and added to the unpaid balance unl,I the entire invoice is paid The late fee will be 530 of the unpaid balance per invoice penod 11. No Waiver -- The failure of a Party to this Agreemen'. to insist on any occasion, upon strict performance of any provision of this Agreement will not be considered to waive the obi gallons, rights or duties mpcsed upon the Parties 12 Taxes — All present or future federal state, municipal. or other awful 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 articies and sections of this Agreement have been inserted far convenience of reference only and are to be afforded no significance In the interpretation cr construction of this Agreement. 14 Multiple Counterparts — This Agreement may be executed in tvo or more counterparts. each of which is deemed an originat but all constitute ene and the same instrument, 15. Other Terms and Conditions — (i) Customer has disclosed to Company a'] underground facditles O%vred by Customer or any other party that s not a pub c utility or governmental entity, that are located w thin real property owned by Customer In the event that Customer has failed to do so, or n the event cf the existence of such facilities of which Customer has no knowledge Company its agents and contractors, shall have no lab 1 ty of any nature whatsoever, to Customer, or Custome-'s agents or assignees. for any actual or consequential damages resulting from damage to such undisclosed or unknown facil lies. (ii) Ci:y Of Round Rock agrees that payment shall be made vnthin 30 days of the date the project is completed or the date the invoice is received, whichever is later (iii) The Discret'onary Service Charges pfovlded in this agreement are for Oncor Electric Delivery facilities only and do not Include any cha-ges related to the relocation of any facilities owned by a franchised utility, governmental entity, or licensed service prow der (Joint User) The customer must conta:t all Joint Users and make arrangements to have their faclities transferred or relocated Oncor Electr c Detivery cannot complete the re ocationiremoval of facilities outlined In this agreement until Jo nt User(s) remove their facilities attached to Once Electnc Detivery Poles Gv) Oncor will have ROW trimmed o -A for th,s re'ocation request so that area is truck accessib!a for the completion of this job IN WITNESS WHEREOF. the Partes have caused this Agreement to be s geed by the r respective duly authorized representatives Oncor E'ectric Delivery Company LLC natur Justin Jacks Printed Name Utility Des gner Title 1.2.18 Date Citv Of Round Rock Customer ! Entity -73A-44 AV -W4 S grlalure Irinted 'rive I Ir}�ty Date City of Round Rock IROUNO xiwk°-ROCK T xftAgenda Item Summary Agenda Number: Title: Consider executing a Discretionary Service Agreement with Oncor Electric Company LLC to relocate overhead line regarding the Dry Branch Tributaries Project. Type: City Manager Item Governing Body: City Manager Approval Agenda Date: 1/12/2018 Dept Director: Michael Thane, Director of Utilities and Environmental Services Department Cost: Indexes: 2014 Drainage Revenue Bonds Attachments: WR 3390484 invoice and dsa executed.pdf, LAF - Discretionary Service Agreement with Oncor - Dry Branch Tributaries (00393157xA08F8).pdf Department: Utilities and Environmental Services Text of Legislative File CM -2018-1606 Consider executing a Discretionary Service Agreement with Oncor Electric Company LLC to relocate overhead line regarding the Dry Branch Tributaries Project. The Dry Branch Tributaries project consists of channelization of a portion of Dry Branch northwest of Joyce Lane between the Joyce Lane and South Creek residential neighborhoods, and the east tributary to Dry Branch that traverses through the Ray Berglund residential neighborhood. The channelization goal is to correct erosion and to provide conveyance capacity for storm water along these tributaries. The design and construction drawings for the project are nearing completion and it has become clear that an existing power pole will be in conflict with the portion of the project along Dry Branch. City staff has discussed relocation of the power pole with Oncor Electric Delivery Company, LLC and the best solution appears to be a small re-route of the existing power lines in the vicinity of the proposed channelization to eliminate the conflict. To perform the work, Oncor requires the execution of an agreement and reimbursement for the costs ($8,786.42) of performing the power line relocation work. City staff recommends approval. City of Raund Rock Page f Printed on 1111/2018 Agenda hem SummerV Continued M2018.1600 Cost: 8,786.42 Source of Funds: 2014 Drainage Revenue Bonds C18y o1 Round Rock Page 2 Printed on 1/11/2010