CM-2018-1912 - 10/19/2018Tariff for Retail delivery Service �PR
Oncor Electric Delivery Company LLClJni6.3 Agreements and Forms
Applicable Entire Certifted Service Area
Effective pate: September 21 2009 Page 1 of 2
6.3.6 Discretionary Service Agreement „,R* 3428891
Transaction ID; 15766
This Discretionary Service Agreement ("Agreemenr) is made and entered Into this 8 day of October 2016 , by Oncor
Electric Delivery Company LLC ( Oncor Electric Delivery Company or -Company') a Delaware limited liability company and distribution utility
and CNyofRovndRock ('Cuslommer ). a Person
each herelialter sometimes referred to individually ss Party' or both referred to codeclively as the'Partfes". In consideration of the mutual
rovenanta set forth harem 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
Removal Only (as Calculated) Customer does NOT have power of eminent domain
Omar will remove one three phase primary riser three fuse cutouts three phase 110 underground primary and one 150 kVA Vue -phase
padmount iransformar
2 Nature of Service and Company's Retail Delivery Service Tariff — Any disrrelkmary services covered by this Agreement
will be provided by Company and accepted by Customer In accordance wdh applicable Public Utility Commission at Texas ('PUCT')
Substantive Rules and Companys Tariff for Retail Delivery Service (including the Service Regulations contained therein), as it may from time to
time be toed and approved by the PUCT ('Company s Retati Delivery Tariff) During the term of this Agreement, Company Is entitled to
discontirmae service, interrupt service or refuse service Initiation requests under this Agreement in accordance with applicable PUCT Substantive
Rules and Company's Relail Delivery Tariff. Company's Retail Delivery Tarlff is part of this Agreement to the same extent as if fully set out
herein. i.Intesa otherwise expressly slated 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 Us Agreerrmanl are determined In
accordance with Company's Relail 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 unto
Work Is c4molete Termfnallon 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 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 entomed In accordance with the laws thereof. This Agreement Is subject to all valid, applicable
federal, stale, and local laws, ordinances, and rules and regulations of duty 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 Rutes and Company's Regal!
Delivery Tariff are applicable to this Agreement upon their effective date and do not require an amendment of this Agreement.
8. Entirely of Agreement and Prior Agreements Superseded — This Agreement. including all attached ExNbHs, which are
expressly me de a part hereof for all purposes, conslllules She 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 stalemenl. representation, promise,
Inducement, understanding. at undertaking of any kind or nature (whether written or oral) wilh 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 Io the
subject matter hereof. Inducing without limitation nnne and all such agreements and undertakings
are agreed by the Parties to no longer be of any force or effect. 11 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
Stales certified mall, return receipt requested, postage prepaid, to:
(a) If to Company:
Oncor Electric Deliver
&TTN, Lynne Gadd
317 N. 2nd St
kIlleery. TX 76541
Tariff for Retail Delivery Service NCR,.
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
imCity Round Rode
blefn
treat
Round Rock, TX 78664
The above41sted names. titres, 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, M which case Company Is entitled to transmit electronic Invoices to Customer
C* of Round Rock
Bly 513btein
221 East Main Street
Round Rock. TX 78664
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 n accordance with Company's standard procedures. Company must
receive payment by the due date specified on the invoice It payment is not received by the Company by the due date shown an the invoice, a
late fee will be calculated and added to the unpaid balance until the entire invoice Is pa.d The late fee will be 511/6 of the unpaid butanes per
Invoice period,
11. No Waiver— The faik+e 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 -- A I present or future "rat state muicipal or oler lawful to xes (outer 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 signilkance in the Interpretation or construction of this Agreement.
14. Multiple C ounterparts — This Agreement may be executed in two or mare counterparts, each o! which is deemed an
original but all constitute one and the same Instrument
1s. Other Terms and Conditions —
(1) Customer has disclosed to Company all underground fackies owned by Customer or any other party that is not a public
utility or governmental entity, that are located wdthkm real property owned by Customer. In the event that Customer has felled 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.
(6) City of Round (tock agrees that payment shall be made within 30 days of the dale the pm)ecl
Is completed or the date the invoke 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 an Joint Users and make arrangements to have their fatties transferred or relocated. Oncor Electric
Delivery cannot complete the relocation/removal of facilities outlined in [his agreement until Joint User(s) remove their facilities attached to Oncar
Electric Delivery Pales.
(IV)
Customer will allow for truck access and clearing of any obstacles throughout work zone Customer is required to mark any underground
facilities along path of work zone, Oncor wilt not be liable for any damages to private underground facilities. Customer will allow for a maximum
of 8 weeks to complete work Oncor is responsible for
IN NTNESS VMEREOF, the Panles have caused this Agreement to be signed by their respective duly authorized represenlatives.
Oncor Electric delivery Company LLC
4 / ..X
Signature - €
Lauren Simpson
Printed Name
_PT12d Manager I Utility Design Associate
Title
October 8, 2018
Date
Oncor Electric Delivery Company LLC,
a Delaware limited liability company
Simpson, Lauren;#6187
512.244.5619
Email
City of Round Rock
Bill Stablein
221 East Main Street
Round Rock, Texas 78664
Statement of Charges
Date: 10/8/2018
HIR #:
Transaction ID:
3428891
15766
Services provided at:
2800 Oakmont Dr.
Round Rods
Williamson
Customer Requested Removal of Facilities
$1,342.64
Total Amount Due Upon Recelpt
51.342.64
* 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 Agreementis).
Payment is expected within 30 days from completion date of project.
` Please contact your Project Manager if you have any questions.
EFr / Electronic Funds Transfer
.3P Morgan Chase Bank
ABA No. (Wire) 021000021
ABA No. (ACW)111000614
For Credit To:
Oncor Electric Delivery
Acct #: 08806169791
Once EFT has been initiated please forward
confirmation number and transfer date to:
Deborah. Gadd2@oncor.com
Please make all check Is) payable to
Oncor Electric Delivery
Remit to:
Lynne Gadd
317N2nd St
Kilteen TX 76541
........................................................ ........ ......... ......................... .......
,
Please include the WR #and Transaction lD (as [fisted above) on all E
correspondence including your Check or EFT.
Failure to do so will cause unnecessary delays with your project.
......................................................................................................... r
ONCOR
City of Round Rock
' ROUND ROCK
f, e:;=. Agenda Item Summary
Agenda Number:
Title: Consider executing a Discretionary Service Agreement with Oncor Electric
Delivery Company LLC regarding removal of facilities at 2800 Oakmont
Drive for the University Boulevard Widening Project.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 10/19/2018
Dept Director: Gary Hudder
Cost: $1,342.64
Indexes: RR Transportation and Economic Development Corporation (Type B)
Attachments: DSA WR 3428891, Statement of Charges WR 3428891
Department: Transportation Department
Text of Legislative File CM -2018-1912
Consider executing a Discretionary Service Agreement with Oncor Electric Delivery
Company LLC regarding removal of facilities at 2800 Oakmont Drive for the University
Boulevard Widening Project.
In order to accomplish the widening of University Boulevard the City will require some
adjustments to the ICU/Pfizer Building. To make room for the adjustments to the ICU
building the City acquired the Data Max property at 2800 Oakmont Drive and will demolish
the existing building on site to accommodate the ICU building reconfiguration. To be able
to accomplish this task the power needs to be completely removed by Oncor and that is
what this DSA agreement with Oncor will allow.
Staff recommends approval.
Cost: $1,342.64
Source of Funds: RR Transportation and Economic Development Corporation
0(y o! Round Rack Page 1 Pdnted on 10/18/2018